Bill Text: IL SB1672 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Community Emergency Services and Support Act. Replaces the term "responder" with "mobile crisis response team member" in the Act. Removes provisions concerning responder involvement in involuntary commitment, and makes other changes in provisions concerning State prohibitions relating to emergency response. Provides that the Division of Mental Health's guidance for 9-1-1 PSAPs and emergency services dispatched through 9-1-1 PSAPs shall promote, to the greatest extent practicable, referrals to a prearrest or prebooking case management unit in any area served by a prearrest or prebooking case management unit. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB1672 Detail]

Download: Illinois-2023-SB1672-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1672 Introduced 2/8/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
50 ILCS 754/5
50 ILCS 754/15
50 ILCS 754/25
50 ILCS 754/30
50 ILCS 754/35
50 ILCS 754/40
Amends the Community Emergency Services and Support Act. Replaces the term "responder" with "mobile crisis response team member" in the Act. Removes provisions concerning responder involvement in involuntary commitment, and makes other changes in provisions concerning State prohibitions relating to emergency response. Provides that the Division of Mental Health's guidance for 9-1-1 PSAPs and emergency services dispatched through 9-1-1 PSAPs shall promote, to the greatest extent practicable, referrals to a prearrest or prebooking case management unit in any area served by a prearrest or prebooking case management unit. Makes other changes.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Emergency Services and Support
Act is amended by changing Sections 5, 15, 25, 30, 35, and 40
as follows:
(50 ILCS 754/5)
Sec. 5. Findings. The General Assembly recognizes that the
Illinois Department of Human Services Division of Mental
Health is preparing to provide mobile mental and behavioral
health services to all Illinoisans as part of the federally
mandated adoption of the 9-8-8 phone number. The General
Assembly also recognizes that many cities and some states have
successfully established mobile emergency mental and
behavioral health services as part of their emergency response
system to support people who need such support and do not
present a threat of physical violence to the mobile crisis
response team members responders. In light of that experience,
the General Assembly finds that in order to promote and
protect the health, safety, and welfare of the public, it is
necessary and in the public interest to provide emergency
response, with or without medical transportation, to
individuals requiring mental health or behavioral health

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services in a manner that is substantially equivalent to the
response already provided to individuals who require emergency
physical health care.
(Source: P.A. 102-580, eff. 1-1-22.)
(50 ILCS 754/15)
Sec. 15. Definitions. As used in this Act:
"Division of Mental Health" means the Division of Mental
Health of the Department of Human Services.
"Emergency" means an emergent circumstance caused by a
health condition, regardless of whether it is perceived as
physical, mental, or behavioral in nature, for which an
individual may require prompt care, support, or assessment at
the individual's location.
"Mental or behavioral health" means any health condition
involving changes in thinking, emotion, or behavior, and that
the medical community treats as distinct from physical health
care.
"Mobile crisis response team member" means any person who
engages with a member of the public to provide the mobile
mental and behavioral service established in conjunction with
the Division of Mental Health's implementation of the 9-8-8
emergency number. "Mobile crisis response team member" does
not mean an EMS Paramedic or EMT, as defined in the Emergency
Medical Services (EMS) Systems Act, unless that responding
agency has agreed to provide a specialized response in

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accordance with the Division of Mental Health's services
offered through its 9-8-8 number and has met all the
requirements to offer that service through that system.
"Physical health" means a health condition that the
medical community treats as distinct from mental or behavioral
health care.
"PSAP" means a Public Safety Answering Point
tele-communicator.
"Community services" and "community-based mental or
behavioral health services" may include both public and
private settings.
"Treatment relationship" means an active association with
a mental or behavioral care provider able to respond in an
appropriate amount of time to requests for care.
"Responder" is any person engaging with a member of the
public to provide the mobile mental and behavioral service
established in conjunction with the Division of Mental Health
establishing the 9-8-8 emergency number. A responder is not an
EMS Paramedic or EMT as defined in the Emergency Medical
Services (EMS) Systems Act unless that responding agency has
agreed to provide a specialized response in accordance with
the Division of Mental Health's services offered through its
9-8-8 number and has met all the requirements to offer that
service through that system.
(Source: P.A. 102-580, eff. 1-1-22.)

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(50 ILCS 754/25)
Sec. 25. State goals.
(a) 9-1-1 PSAPs, emergency services dispatched through
9-1-1 PSAPs, and the mobile mental and behavioral health
service established by the Division of Mental Health must
coordinate their services so that the State goals listed in
this Section are achieved. Appropriate mobile response service
for mental and behavioral health emergencies shall be
available regardless of whether the initial contact was with
9-8-8, 9-1-1 or directly with an emergency service dispatched
through 9-1-1. Appropriate mobile response services must:
(1) ensure that individuals experiencing mental or
behavioral health crises are diverted from hospitalization
or incarceration whenever possible, and are instead linked
with available appropriate community services;
(2) include the option of on-site care if that type of
care is appropriate and does not override the care
decisions of the individual receiving care. Providing care
in the community, through methods like mobile crisis
units, is encouraged. If effective care is provided on
site, and if it is consistent with the care decisions of
the individual receiving the care, further transportation
to other medical providers is not required by this Act;
(3) recommend appropriate referrals for available
community services if the individual receiving on-site
care is not already in a treatment relationship with a

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service provider or is unsatisfied with their current
service providers. The referrals shall take into
consideration waiting lists and copayments, which may
present barriers to access; and
(4) subject to the care decisions of the individual
receiving care, provide transportation for any individual
experiencing a mental or behavioral health emergency.
Transportation shall be to the most integrated and least
restrictive setting appropriate in the community, such as
to the individual's home or chosen location, community
crisis respite centers, clinic settings, behavioral health
centers, or the offices of particular medical care
providers with existing treatment relationships to the
individual seeking care.
(b) Prioritize requests for emergency assistance. 9-1-1
PSAPs, emergency services dispatched through 9-1-1 PSAPs, and
the mobile mental and behavioral health service established by
the Division of Mental Health must provide guidance for
prioritizing calls for assistance and maximum response time in
relation to the type of emergency reported.
(c) Provide appropriate response times. From the time of
first notification, 9-1-1 PSAPs, emergency services dispatched
through 9-1-1 PSAPs, and the mobile mental and behavioral
health service established by the Division of Mental Health
must provide the response within response time appropriate to
the care requirements of the individual with an emergency.

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(d) Require appropriate responder training of mobile
crisis response team members. Mobile crisis response team
members Responders must have adequate training to address the
needs of individuals experiencing a mental or behavioral
health emergency. Adequate training at least includes:
(1) training in de-escalation techniques;
(2) knowledge of local community services and
supports; and
(3) training in respectful interaction with people
experiencing mental or behavioral health crises, including
the concepts of stigma and respectful language.
(e) Require minimum team staffing. The Division of Mental
Health, in consultation with the Regional Advisory Committees
created in Section 40, shall determine the appropriate
credentials for the mental health providers responding to
calls, including to what extent the mobile crisis response
team members responders must have certain credentials and
licensing, and to what extent the mobile crisis response team
members responders can be peer support professionals.
(f) Require training from individuals with lived
experience. Training shall be provided by individuals with
lived experience to the extent available.
(g) Adopt guidelines directing referral to restrictive
care settings. Mobile crisis response team members Responders
must have guidelines to follow when considering whether to
refer an individual to more restrictive forms of care, like

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emergency room or hospital settings.
(h) Specify regional best practices. Mobile crisis
response team members Responders providing these services must
do so consistently with best practices, which include
respecting the care choices of the individuals receiving
assistance. Regional best practices may be broken down into
sub-regions, as appropriate to reflect local resources and
conditions. With the agreement of the impacted EMS Regions,
providers of emergency response to physical emergencies may
participate in another EMS Region for mental and behavioral
response, if that participation shall provide a better service
to individuals experiencing a mental or behavioral health
emergency.
(i) Adopt a system for directing care in advance of an
emergency. The Division of Mental Health shall select and
publicly identify a system that allows individuals who
voluntarily choose chose to do so to provide confidential
advanced care directions to individuals providing services
under this Act. No system for providing advanced care
direction may be implemented unless the Division of Mental
Health approves it as confidential, available to individuals
at all economic levels, and non-stigmatizing. The Division of
Mental Health may defer this requirement for providing a
system for advanced care direction if it determines that no
existing systems can currently meet these requirements.
(j) Train dispatching staff. The personnel staffing 9-1-1,

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3-1-1, or other emergency response intake systems must be
provided with adequate training to assess whether coordinating
with 9-8-8 is appropriate.
(k) Establish protocol for emergency mobile crisis
response team member responder coordination. The Division of
Mental Health shall establish a protocol for mobile crisis
response team members responders, law enforcement, and fire
and ambulance services to request assistance from each other,
and train these groups on the protocol.
(l) Integrate law enforcement. The Division of Mental
Health shall provide for law enforcement to request mobile
crisis response team member responder assistance whenever law
enforcement engages an individual appropriate for services
under this Act. If law enforcement would typically request EMS
assistance when it encounters an individual with a physical
health emergency, law enforcement shall similarly dispatch
mental or behavioral health personnel or medical
transportation when it encounters an individual in a mental or
behavioral health emergency.
(Source: P.A. 102-580, eff. 1-1-22.)
(50 ILCS 754/30)
Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency
services dispatched through 9-1-1 PSAPs, and the mobile mental
and behavioral health service established by the Division of
Mental Health must coordinate their services so that, based on

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the information provided to them, the following State
prohibitions are avoided:
(a) Law enforcement responsibility for providing mental
and behavioral health care. In any area where mobile crisis
response team members responders are available for dispatch,
law enforcement shall not be dispatched to respond to an
individual requiring mental or behavioral health care unless
that individual is (i) involved in a suspected violation of
the criminal laws of this State, or (ii) presents a threat of
physical injury to self or others. Mobile crisis response team
members Responders are not considered available for dispatch
under this Section if 9-8-8 reports that it cannot dispatch
appropriate service within the maximum response times
established by each Regional Advisory Committee under Section
45.
(1) The Standing on its own or in combination with
each other, the fact that an individual is experiencing a
mental or behavioral health emergency, or has a mental
health, behavioral health, or other diagnosis, is not
sufficient to justify an assessment that the individual
presents is a threat of physical injury to self or others,
or that the situation requires a law enforcement response
to a request for emergency response or medical
transportation.
(2) If, based on its assessment of the threat to
public safety, law enforcement would not accompany the

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emergency response or medical transportation personnel
responding to a physical health emergency, unless
requested by those responders, then law enforcement may
not accompany the emergency response or medical
transportation personnel responding to a mental or
behavioral health emergency that presents an equivalent
level of threat to self or public safety unless requested
by those responders. Law enforcement may respond to a
mental or behavioral health emergency in accordance with
subparagraph (3).
(3) Without regard to an assessment of threat to self
or threat to public safety, law enforcement may station
personnel so that they can rapidly respond to requests for
assistance from mobile crisis response team members,
emergency response, or medical transportation personnel
responders if law enforcement does not interfere with the
provision of emergency response or transportation
services. To the extent practical, not interfering with
services includes remaining sufficiently distant from or
out of sight of the individual receiving care so that law
enforcement presence is unlikely to escalate the
emergency.
(b) (Blank). Responder involvement in involuntary
commitment. In order to maintain the appropriate care
relationship, responders shall not in any way assist in the
involuntary commitment of an individual beyond (i) reporting

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to their dispatching entity or to law enforcement that they
believe the situation requires assistance the responders are
not permitted to provide under this Section; (ii) providing
witness statements; and (iii) fulfilling reporting
requirements the responders may have under their professional
ethical obligations or laws of this state. This prohibition
shall not interfere with any responder's ability to provide
physical or mental health care.
(c) Use of law enforcement for transportation. In any area
where mobile crisis response team members responders are
available for dispatch, unless requested by mobile crisis
response team members responders, law enforcement shall not be
used to provide transportation to access mental or behavioral
health care, or travel between mental or behavioral health
care providers, except where no alternative is available.
(d) Reduction of educational institution obligations. The
services coordinated under this Act may not be used to replace
any service an educational institution is required to provide
to a student. It shall not substitute for appropriate special
education and related services that schools are required to
provide by any law.
(Source: P.A. 102-580, eff. 1-1-22.)
(50 ILCS 754/35)
Sec. 35. Non-violent misdemeanors. The Division of Mental
Health's guidance Guidance for 9-1-1 PSAPs and emergency

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services dispatched through 9-1-1 PSAPs for coordinating the
response to individuals who appear to be in a mental or
behavioral health emergency while engaging in conduct alleged
to constitute a non-violent misdemeanor shall promote the
following:
(a) Prioritization of Health Care. To the greatest
extent practicable, community-based mental or behavioral
health services should be provided before addressing law
enforcement objectives.
(b) Diversion from Further Criminal Justice
Involvement. To the greatest extent practicable,
individuals should be referred to health care services
with the potential to reduce the likelihood of further law
enforcement engagement.
(c) Prearrest or prebooking case management
initiatives. To the greatest extent practicable, a
referral to a prearrest or prebooking case management unit
should be prioritized in any area served by a prearrest or
prebooking case management unit.
(Source: P.A. 102-580, eff. 1-1-22.)
(50 ILCS 754/40)
Sec. 40. Statewide Advisory Committee.
(a) The Division of Mental Health shall establish a
Statewide Advisory Committee to review and make
recommendations for aspects of coordinating 9-1-1 and the

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9-8-8 mobile mental health response system most appropriately
addressed on a State level.
(b) Issues to be addressed by the Statewide Advisory
Committee include, but are not limited to, addressing changes
necessary in 9-1-1 call taking protocols and scripts used in
9-1-1 PSAPs where those protocols and scripts are based on or
otherwise dependent on national providers for their operation.
(c) The Statewide Advisory Committee shall recommend a
system for gathering data related to the coordination of the
9-1-1 and 9-8-8 systems for purposes of allowing the parties
to make ongoing improvements in that system. As practical, the
system shall attempt to determine issues including, but not
limited to:
(1) the volume of calls coordinated between 9-1-1 and
9-8-8;
(2) the volume of referrals from other first
responders to 9-8-8;
(3) the volume and type of calls deemed appropriate
for referral to 9-8-8 but could not be served by 9-8-8
because of capacity restrictions or other reasons;
(4) the appropriate information to improve
coordination between 9-1-1 and 9-8-8; and
(5) the appropriate information to improve the 9-8-8
system, if the information is most appropriately gathered
at the 9-1-1 PSAPs.
(d) The Statewide Advisory Committee shall consist of:

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(1) the Statewide 9-1-1 Administrator, ex officio;
(2) one representative designated by the Illinois
Chapter of National Emergency Number Association (NENA);
(3) one representative designated by the Illinois
Chapter of Association of Public Safety Communications
Officials (APCO);
(4) one representative of the Division of Mental
Health;
(5) one representative of the Illinois Department of
Public Health;
(6) one representative of a statewide organization of
EMS responders;
(7) one representative of a statewide organization of
fire chiefs;
(8) two representatives of statewide organizations of
law enforcement;
(9) two representatives of mental health, behavioral
health, or substance abuse providers or a statewide
organization representing one or more of these types of
providers; and
(10) four representatives of advocacy organizations
either led by or consisting primarily of individuals with
intellectual or developmental disabilities, individuals
with behavioral disabilities, or individuals with lived
experience.
(e) The members of the Statewide Advisory Committee, other

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than the Statewide 9-1-1 Administrator, shall be appointed by
the Secretary of Human Services.
(Source: P.A. 102-580, eff. 1-1-22.)