Bill Amendment: IL HB5377 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COMMUNITY EMERGENCY SERVICES
Status: 2024-05-02 - Added Co-Sponsor Rep. Lilian Jiménez [HB5377 Detail]
Download: Illinois-2023-HB5377-House_Amendment_001.html
Bill Title: COMMUNITY EMERGENCY SERVICES
Status: 2024-05-02 - Added Co-Sponsor Rep. Lilian Jiménez [HB5377 Detail]
Download: Illinois-2023-HB5377-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5377 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5377 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Community Emergency Services and Support | ||||||
5 | Act is amended by changing Sections 30, 45, 50, and 65 as | ||||||
6 | follows:
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7 | (50 ILCS 754/30) | ||||||
8 | Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency | ||||||
9 | services dispatched through 9-1-1 PSAPs, and the mobile mental | ||||||
10 | and behavioral health service established by the Division of | ||||||
11 | Mental Health must coordinate their services so that, based on | ||||||
12 | the information provided to them, the following State | ||||||
13 | prohibitions are avoided: | ||||||
14 | (a) Law enforcement responsibility for providing mental | ||||||
15 | and behavioral health care. In any area where mobile mental | ||||||
16 | health relief providers are available for dispatch, law |
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1 | enforcement shall not be dispatched to respond to an | ||||||
2 | individual requiring mental or behavioral health care unless | ||||||
3 | that individual is (i) involved in a suspected violation of | ||||||
4 | the criminal laws of this State, or (ii) presents a threat of | ||||||
5 | physical injury to self or others. Mobile mental health relief | ||||||
6 | providers are not considered available for dispatch under this | ||||||
7 | Section if 9-8-8 reports that it cannot dispatch appropriate | ||||||
8 | service within the maximum response times established by each | ||||||
9 | Regional Advisory Committee under Section 45. | ||||||
10 | (1) Standing on its own or in combination with each | ||||||
11 | other, the fact that an individual is experiencing a | ||||||
12 | mental or behavioral health emergency, or has a mental | ||||||
13 | health, behavioral health, or other diagnosis, is not | ||||||
14 | sufficient to justify an assessment that the individual is | ||||||
15 | a threat of physical injury to self or others, or requires | ||||||
16 | a law enforcement response to a request for emergency | ||||||
17 | response or medical transportation. | ||||||
18 | (2) If, based on its assessment of the threat to | ||||||
19 | public safety, law enforcement would not accompany medical | ||||||
20 | transportation responding to a physical health emergency, | ||||||
21 | unless requested by mobile mental health relief providers, | ||||||
22 | law enforcement may not accompany emergency response or | ||||||
23 | medical transportation personnel responding to a mental or | ||||||
24 | behavioral health emergency that presents an equivalent | ||||||
25 | level of threat to self or public safety. | ||||||
26 | (3) Without regard to an assessment of threat to self |
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1 | or threat to public safety, law enforcement may station | ||||||
2 | personnel so that they can rapidly respond to requests for | ||||||
3 | assistance from mobile mental health relief providers if | ||||||
4 | law enforcement does not interfere with the provision of | ||||||
5 | emergency response or transportation services. To the | ||||||
6 | extent practical, not interfering with services includes | ||||||
7 | remaining sufficiently distant from or out of sight of the | ||||||
8 | individual receiving care so that law enforcement presence | ||||||
9 | is unlikely to escalate the emergency. | ||||||
10 | (b) Mobile mental health relief provider involvement in | ||||||
11 | involuntary commitment. In order to maintain the appropriate | ||||||
12 | care relationship, mobile mental health relief providers shall | ||||||
13 | not in any way assist in the involuntary commitment of an | ||||||
14 | individual beyond (i) reporting to their dispatching entity or | ||||||
15 | to law enforcement that they believe the situation requires | ||||||
16 | assistance the mobile mental health relief providers are not | ||||||
17 | permitted to provide under this Section; (ii) providing | ||||||
18 | witness statements; and (iii) fulfilling reporting | ||||||
19 | requirements the mobile mental health relief providers may | ||||||
20 | have under their professional ethical obligations or laws of | ||||||
21 | this State. This prohibition shall not interfere with any | ||||||
22 | mobile mental health relief provider's ability to provide | ||||||
23 | physical or mental health care. | ||||||
24 | (c) Use of law enforcement for transportation. In any area | ||||||
25 | where mobile mental health relief providers are available for | ||||||
26 | dispatch, unless requested by mobile mental health relief |
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1 | providers, law enforcement shall not be used to provide | ||||||
2 | transportation to access mental or behavioral health care, or | ||||||
3 | travel between mental or behavioral health care providers, | ||||||
4 | except where no alternative is available. | ||||||
5 | (d) Reduction of educational institution obligations. The | ||||||
6 | services coordinated under this Act may not be used to replace | ||||||
7 | any service an educational institution is required to provide | ||||||
8 | to a student. It shall not substitute for appropriate special | ||||||
9 | education and related services that schools are required to | ||||||
10 | provide by any law. | ||||||
11 | (e) This Section is Subsections (a), (c), and (d) are | ||||||
12 | operative beginning on the date the 3 conditions in Section 65 | ||||||
13 | are met or July 1, 2025 2024 , whichever is earlier. Subsection | ||||||
14 | (b) is operative beginning on July 1, 2024. | ||||||
15 | (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
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16 | (50 ILCS 754/45) | ||||||
17 | Sec. 45. Regional Advisory Committees. | ||||||
18 | (a) The Division of Mental Health shall establish Regional | ||||||
19 | Advisory Committees in each EMS Region to advise on regional | ||||||
20 | issues related to emergency response systems for mental and | ||||||
21 | behavioral health. The Secretary of Human Services shall | ||||||
22 | appoint the members of the Regional Advisory Committees. Each | ||||||
23 | Regional Advisory Committee shall consist of: | ||||||
24 | (1) representatives of the 9-1-1 PSAPs in the region; | ||||||
25 | (2) representatives of the EMS Medical Directors |
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1 | Committee, as constituted under the Emergency Medical | ||||||
2 | Services (EMS) Systems Act, or other similar committee | ||||||
3 | serving the medical needs of the jurisdiction; | ||||||
4 | (3) representatives of law enforcement officials with | ||||||
5 | jurisdiction in the Emergency Medical Services (EMS) | ||||||
6 | Regions; | ||||||
7 | (4) representatives of both the EMS providers and the | ||||||
8 | unions representing EMS or emergency mental and behavioral | ||||||
9 | health responders, or both; and | ||||||
10 | (5) advocates from the mental health, behavioral | ||||||
11 | health, intellectual disability, and developmental | ||||||
12 | disability communities. | ||||||
13 | If no person is willing or available to fill a member's | ||||||
14 | seat for one of the required areas of representation on a | ||||||
15 | Regional Advisory Committee under paragraphs (1) through (5), | ||||||
16 | the Secretary of Human Services shall adopt procedures to | ||||||
17 | ensure that a missing area of representation is filled once a | ||||||
18 | person becomes willing and available to fill that seat. | ||||||
19 | (b) The majority of advocates on the Regional Advisory | ||||||
20 | Committee must either be individuals with a lived experience | ||||||
21 | of a condition commonly regarded as a mental health or | ||||||
22 | behavioral health disability, developmental disability, or | ||||||
23 | intellectual disability or be from organizations primarily | ||||||
24 | composed of such individuals. The members of the Committee | ||||||
25 | shall also reflect the racial demographics of the jurisdiction | ||||||
26 | served. To achieve the requirements of this subsection, the |
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1 | Division of Mental Health must establish a clear plan and | ||||||
2 | regular course of action to engage, recruit, and sustain areas | ||||||
3 | of established participation. The plan and actions taken must | ||||||
4 | be shared with the general public. | ||||||
5 | (c) Subject to the oversight of the Department of Human | ||||||
6 | Services Division of Mental Health, the EMS Medical Directors | ||||||
7 | Committee or a chair appointed in agreement of the Division of | ||||||
8 | Mental Health and the EMS Medical Directors Committee is | ||||||
9 | responsible for convening the meetings of the committee. | ||||||
10 | Qualifications for appointment as chair under this subsection | ||||||
11 | include a demonstrated understanding of the tasks of the | ||||||
12 | Regional Advisory Committee as well as standing within the | ||||||
13 | region as a leader capable of building consensus for the | ||||||
14 | purpose of achieving the tasks assigned to the committee. | ||||||
15 | Impacted units of local government may also have | ||||||
16 | representatives on the committee subject to approval by the | ||||||
17 | Division of Mental Health, if this participation is structured | ||||||
18 | in such a way that it does not give undue weight to any of the | ||||||
19 | groups represented. | ||||||
20 | (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
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21 | (50 ILCS 754/50) | ||||||
22 | Sec. 50. Regional Advisory Committee responsibilities. | ||||||
23 | Each Regional Advisory Committee and subregional committee | ||||||
24 | established by the Regional Advisory Committee are is | ||||||
25 | responsible for designing the local protocols protocol to |
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1 | allow its region's or subregion's 9-1-1 call centers center | ||||||
2 | and emergency responders to coordinate their activities with | ||||||
3 | 9-8-8 as required by this Act and monitoring current operation | ||||||
4 | to advise on ongoing adjustments to the local protocols. A | ||||||
5 | subregional committee, which may be convened by a majority | ||||||
6 | vote of a Regional Advisory Committee, must include members | ||||||
7 | that are representative of all required categories of the full | ||||||
8 | Regional Advisory Committee and must provide guidance to the | ||||||
9 | Regional Advisory Committees on adjustments that need to be | ||||||
10 | made for local level operationalization of protocols protocol . | ||||||
11 | Included in this responsibility, each Regional Advisory | ||||||
12 | Committee or subregional committee must: | ||||||
13 | (1) negotiate the appropriate amendment of each 9-1-1 | ||||||
14 | PSAP emergency dispatch protocols, in consultation with | ||||||
15 | each 9-1-1 PSAP in the EMS Region and consistent with | ||||||
16 | national certification requirements; | ||||||
17 | (2) set maximum response times for 9-8-8 to provide | ||||||
18 | service when an in-person response is required, based on | ||||||
19 | type of mental or behavioral health emergency, which, if | ||||||
20 | exceeded, constitute grounds for sending other emergency | ||||||
21 | responders through the 9-1-1 system; | ||||||
22 | (3) report, geographically by police district if | ||||||
23 | practical, the data collected through the direction | ||||||
24 | provided by the Statewide Advisory Committee in | ||||||
25 | aggregated, non-individualized monthly reports. These | ||||||
26 | reports shall be available to the Regional Advisory |
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1 | Committee members, subregional committee members, the | ||||||
2 | Department of Human Service Division of Mental Health, the | ||||||
3 | Administrator of the 9-1-1 Authority, and to the public | ||||||
4 | upon request; | ||||||
5 | (4) convene, after the initial regional policies are | ||||||
6 | established, at least every 2 years to consider amendment | ||||||
7 | of the regional policies, if any, and also convene | ||||||
8 | whenever a member of the Committee requests that the | ||||||
9 | Committee or subregional committee consider an amendment; | ||||||
10 | and | ||||||
11 | (5) identify regional resources and supports for use | ||||||
12 | by the mobile mental health relief providers as they | ||||||
13 | respond to the requests for services. | ||||||
14 | (Source: P.A. 102-580, eff. 1-1-22; 103-105, eff. 6-27-23.)
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15 | (50 ILCS 754/65) | ||||||
16 | Sec. 65. PSAP and emergency service dispatched through a | ||||||
17 | 9-1-1 PSAP; coordination of activities with mobile and | ||||||
18 | behavioral health services. Each 9-1-1 PSAP and emergency | ||||||
19 | service dispatched through a 9-1-1 PSAP must begin | ||||||
20 | coordinating its activities with the mobile mental and | ||||||
21 | behavioral health services established by the Division of | ||||||
22 | Mental Health once all 3 of the following conditions are met, | ||||||
23 | but not later than July 1, 2025 2024 : | ||||||
24 | (1) the Statewide Committee has negotiated useful | ||||||
25 | protocol and 9-1-1 operator script adjustments with the |
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1 | contracted services providing these tools to 9-1-1 PSAPs | ||||||
2 | operating in Illinois; | ||||||
3 | (2) the appropriate Regional Advisory Committee has | ||||||
4 | completed design of the specific 9-1-1 PSAP's process for | ||||||
5 | coordinating activities with the mobile mental and | ||||||
6 | behavioral health service; and | ||||||
7 | (3) the mobile mental and behavioral health service is | ||||||
8 | available in their jurisdiction. | ||||||
9 | (Source: P.A. 102-580, eff. 1-1-22; 102-1109, eff. 12-21-22; | ||||||
10 | 103-105, eff. 6-27-23.)
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