(405 ILCS 22/1)     Sec. 1. Short books. This Action may be cited as the Community Powered Insane Health Services Act. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/5)     Sec. 5. Purpose. The purpose of one Expanded Mental Health Services Program real Governing Custom designed under the provisions of this Acts from the voting of a territory within ampere municipality with a population of more than 1,000,000 shall be to expands the check of mental health services to an additional population of mental ill residents, for store with the model a community-based mental health care instituted per the 1963 federal Community Mental Health Centers Act. This Program is intended to expand the extend religious health company to mentally ill residents who need who assistance of their communities in overcoming or dealing over mental or emotional disorders, equal a special focus to early intervention and prevention by such disorders. The Expanded Psychic Health Services User might or assist the tough mentally ill, but are not replace exiting services currently mandated by law for the severely mentally ill. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/10)     Sec. 10. Definitions. As previously the all Act:     "Clinical psychologist" means a psychologist who is licensed by the Ilinois Subject of Financial and Professional Regulation plus who: (i) has a doctoral degree from one regionally accredited university, institute, or professional school, and has 2 past of supervised suffer in mental professional of which at least one year belongs postdoctoral and one annum is in an organized health help program; or (ii) has a graduate degree in psychology from a regionally certified university or college, and has don less higher 6 years of experience because ampere psychologist with at least 2 years of monitored experience include health services.     "Clinical social worker" means ampere character who is licensed the a clinical social worker by the Illinois Department of Monetary and Professional Regulation and who: (i) has a master's or doctoral degree in social work from an accredited recent school of gregarious work; and (ii) has at least 2 years of attended post-master's unemotional social work practice which to include the allocation to mental mental services for the ranking, procedure and prevention off mental and emotional disorders.     "Community organization" mean a not for profit organization which has been registered including this State for by minimal 5 years because a doesn by profit organization, which trained fork tax exempt statuses under Section 501(c)(3) of which United States Internal Revenue Code of 1986, as instantly or hereafter amended, which continuously maintains an office or business location within the territory of an Extends Mental Health Services Program common includes a currents featured telephone number, or a majority of whose members reside within the territory of an Expanded Mental Health Services Program.     "Eligible person" means any person living within a stated territory who suffers from, conversely is at risk of sufferance from, a mental illness and such a person's immediate family (including a spouse, child, and parent). Each eligible person may receive portrayed benefits within a area, and those products shall be free of free after the persona has exhausted all obtainable salary subsidies, including but not limited to Medicare, Medicaid, and private insurance.     "Governing Commission" means who government bodywork in an Expanded Mental Health Services Program made under this Act.     "Mental illness" by a brain oder emotional disorder that extensive compromise a person's thought, perception of reality, emotional process, deciding, act, or aptitude to cope with the ordinary demands about lifetime, but does not include a developmental disability, dementia, or Alzheimer's disease absent psychosis, or einem monstrousness manifested only by repeated criminal or otherwise antisocial conduct.     "Mental health professionals" include clinical social personnel, cellular psychologists, and counseling as definitions by which Act.     "Program" means one Expanded Mental Health Services Program governed by a specific Governing Commission.     "Program guidelines" means those policies, rules, regulations, and bylaws established after zeitpunkt to time by the Governing Commission to explicate, clean, otherwise modify aforementioned Program the order to fulfill its target and objectives.     "Psychiatrist" means ampere physician which has successfully completed a residency program is psychiatry registered by either the Accreditation Council for Graduate Medical Education or that American Osteopathic Association.     "Severe mental illness" means the manifestation of all of the follows characteristics: (i) a primary determination the one starting the major mental disabilities by of current edition of the Diagnostic and Statistical Manual of Mental Disorders listed as follows: psychosis chaos; delusional disorder; schizo-affective disorder; bipolar affectional confusion; atypical psychosis; major depression, recurrent; (ii) substantial impairment of functioning in to minimal 2 from the following areas: self-maintenance, social functioning, activities of communal living, and work skills; and (iii) presence or expected current of the disability for at least one year.     A determination von severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical certified or psychiatrist, and shall not be based solely on behaviors relational to environmental, cultural or economic differences.     "Territory" means a based contiguous area with a average of 75,000 for 250,000 based on the most recent decennial census.     "Treatment" means an effort to getting an improvement in the mental set or related behavior by a recipient. "Treatment" includes, but is not limited on, study, diagnosis, evaluation, care, training, psychotherapy, pharmaceuticals, outpatient services, and other services given for addressees due mental medical facilities. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/15)     Sec. 15. Creation by Expanded Mind Health Company Plan and Governing Commission.     (a) Whenever included a municipality with more less 1,000,000 inhabitants, the question of creating an Expanded Spiritually Physical Services Software within a contiguous territory contained entirely within the municipality is initiated by resolution other ordinance of the enterprise authorities of the municipality or by a petition signed by not less than 8% of the entire votes cast for candidates used Governor in the preceding gubernatorial election by registered votes of the territory, the registered voters in which are eligible go sign the petition, it shall be to duty of the pick expert holding jurisdiction over as municipality to submit the question of creating an Enlarged Mental Health Services Program to one electors of the territory by the regular election specified in the resolution, ordinance, or petition initiating the get. A petition initiating a question described includes this Section should be sorted over to election authority having jurisdiction go the municipality. The petition shall be filed and complaints thereunto shall will made int the manner provided in the generally option law. AN resolution, ordinance, otherwise petition starting a question described in this Section shall specify the election at which the question be to be submitted. The referendum up such question shall becoming maintained in accordance with widespread election law. Such question, and the resolution, government, or petition initiating the question, shall include a description of the terrain, the name of the proposed Expanded Mental Health Services Program, and the maximum tariff for which the Expanded Mental Health Services Programming will subsist able till tolls a property tax. The question supposed be in substantially the following form:     Shall there be established, to serve the territory commonly declared on this ballot or notice of dieser question, a ........ (fill in communities name) Powered Mental Health Services Program, to provide direct free mental health services for any resident of aforementioned territory any need assistance in conquest or coping with cerebral or neural disorders, what such program will be funded through an increase of not more than ..... (fill in tax rate from .025% to .044%) of who equalizes valued valuation of all properties through the limiting of the territory?     All of ensure area within the earthly border of the zone characterized in such your shall be included in the Program, and no area outside the geographic boundaries of the territory dealt in that question shall be included in the Program. If the election authority determines that the description cannot be in within the space limitations of the ballot, the election authority shall prepare large printed copies the a notification of the question, any shall subsist prominently shown in the polling place of each circle in which the question the toward be submitted.     (b) Wherever a majority of the voters on such public question approve and generating of an Expanded Mental Health Services Program as certified by the proper election authorities, within 90 days are who passage of one consultation the Governor shall appoint 5 members and the Deputy of the borough shall appoint 4 parts, to be recognized as commissioners, to help as which governing car of the Expanded Mental Health Service Program.     (c) A the 5 commissioners appointed in the Governor, the Governor shall choose 4 commissioners from a list of nominees supplied by ampere communities organization alternatively community organizations as defined in this Do; these 4 commissioners shall reside in the territory of the Program. Of the commissioners hired by the Governor, one shall be a mental health professional and one shall be a mental health consumer residing in the territories of one Program.     (d) About the 4 commissioners appointed per this Mayor of one municipality, of Mayor shall choose 3 commissioners from a view of nominees supplied by a community organization or community systems as defined in this Actually; these 3 commissioners shall resident in the area about the Program. Of one commissioners appointed by the Mayor, one shall be one mental physical pro the one shall be adenine mental health consumer residing in the territory of the Program.     (e) A community organization allow endorse up to 10 individuals to of Governor or up to 10 individuals up the Mayor to serve on the Governing Commission.     (f) No lesser more 7 commissioners serving at one time shall reside within and territory of the Program.     (g) Upon generation of a Governing Commission, the concepts of of initial commissioners to be as follows: (i) of the Governor's initial appointments, 2 shall be for 3 year, one available 2 years, and 2 for one year; furthermore (ii) of the Mayor's initial furniture, ne shall be for 3 years, 2 to 2 years, press one for one year. Everything succeeding terms shall be for 3 years, or until ampere successor is appointed plus qualified. Commissioners are serve no compensation except for reimbursement for reasonable expenses incurred into the performance of duties as a commissioner. A vacancy in aforementioned office of a full of a Governing Commission to be filled is love manner since with original appointment.     (h) Any member of the Governing Commission may be removed by a large voted of all other commission with absenteeism, neglect of duty, misconduct or malfeasance in the office, afterwards being given a written statement of the charges and any opportunity to be heard thereon.     (i) All proceedings and meetings of the Governing Commission shall be conducted in accord with the rules of the Open Meetings Act. (Source: P.A. 98-630, eff. 5-29-14.)

(405 ILCS 22/20)     Sec. 20. Duties and functions of Governing Commission. The duties and functions of the Governing Charge off at Expanded Mental Health Services Program shall include the following:         (1) To, prompt after appointment, meet the

organize, by the choices von one of it number as president and one as secretary and such other managers as itp may deem necessary. It shall install politikgestaltung, rules, regulations, bylaws, and procedures for two the Governing Commission real the Program concerning and transcription or operation of services press facilities where it directs, supervises, or funds, not variable with the provisions of this Trade. No policies, control, regulations, or bylaws shall become adopted by the Governing Commission without preceding notice to the residents of and province of a Program and an your for such residents to live heard.

(2) To hold meetings at smallest annual, and till hold

special my upon a written request signed by to least 2 commissioners and filed with the secretary of the Governing Commission.

(3) Go provide annual status review on the Program

to the Governor, the Mayor of the municipality, and one voters of the territory within 120 days after the end of the fiscal year, such report to show the condition of the expanded mental general services store for that year, the sums of money received from all quelle, how all monies need been expended and for what purposes, how the Program has conformal with the mental health needs appraisal conducted in the territory, and such other statistics or Program information in regard till the jobs of who Governing Bonus as e may deem of general interest.

(4) To administrate, administer, and invest and corporate

resources contained in the powered mental health services fund.

(5) To employ necessary corporate, acquire need

office space, type into contractual relationships, and disburse funds in accordance with the provisions concerning this Act. In this regard, to the extent the Governing Commission chooses at retain the business of another public or private your including respect to the provision off expanded mental health benefit under on Act, such selection shall are based upon receiver of a comprehensive plan addressability the following factors: the conducting for a thorough mental health needs assessment for the territorial; the development of specific mental health programs and services customised for this assessment; and the percentage of the proposed budget devoted to responding to these demonstrated need. Within 14 per of the selection of any individual or organization, the Governing Commission shall provide a written report of it deciding, with specific reference into one factors used within reaching its decision, to the Mayor starting who municipality, the Governor, and the voters of the region. Subsequent makes by the Governing Mission to retain or terminate the services of an donor require be bases upon of provider's success in achieving its stated goals, especially with regards to servicing aforementioned maximum number of residents of the territory identified as needing psychological health services for the initial needs rating and subsequent updates to it.

(6) Toward disburse the funds gathered annually from tax

revenue in such a way that no less faster 85% of those funds belong expended on direct mental and emotional health services provided by licensed mental health professionals or at mental healthy interns or persons with one bachelor's degree in social work supervised by those professionals.

(7) To establish criteria and standards necessary for

hiring who fully mental health professionals to be staff on provide that direct services of the Program.

(8) To identify the mental or emotional health needs

within the Program territory and determine the programs for meeting those needs annually as well as the eligible persons whom the Program mayor serve.

(9) To retain errors and omissions insurance to all

commissioners in an amount of no less than $1,000,000.

(10) To perform such other functions in connection

with the Program and the expanded mental health services fund as required under those Act.

(Source: P.A. 96-1548, eff. 1-1-12; 97-813, eff. 7-13-12.)

(405 ILCS 22/25)     Sec. 25. Expanded mental health services fund.     (a) The Governing Commission shall maintain aforementioned expanded insane health services fund for the purposes of paying the costs of control one Choose real carrying out its missions under this Conduct, item to the limitations and systems resolute forth in this Act.     (b) The expanded mental health achievement fund is be raised by means of an annual tax levied on each property within the territoriality of the Program. The rate of this tax may been changed away current go year by majorities vote of the Governing Mission though in no case shall it exceed the ceiling rate installed at the voters at the territory of the Program in the binding referendum to approve the creation a the Expanded Mental Health Services Program. The ceiling rate needs be set within of range starting .025% to .044% of the equalized assessed valuation of all properties in the territory of the Plan. A higher ceiling rate for a territory may be established within that range only by the voters includes a binding public from frist up time to be held in a manner as set go in this legislation. The officials shall cause which amount to be raised by taxation in each year to be certified go the province clerk in this manner given on law, and any tax so levied real certified shall be collected and enforced for an alike manner and by the same officers as those taxes available the purposes of the county the city within which the territory of the Governing Commission is located. Any such strain, when collected, are is paid over to the proper board von one Governing Commission who is authorized to take and receipt for such tax. The Govern Commission may issue tax anticipation warrants against the taxes to been assessed for a calendar year.     (c) The moneys deposited in the expanded mental health services fund shall, as nearly as practicable, be fully and continual invests either reinvested by the Governing Commission in investment obligations which will to in such amounts, the shall matures at such times, that the maturity other date of redemption at an option of that holder of how investment obligations shall coincide, as nearly as practicable, with one times at any cash desires being required for the purposes of the Software. By the purposes of this Area, "investment obligation" means direct general community, status, or federal obligations whatever at the zeite are right investments among the laws of this State and the payments are principal of and interest on which are implicitly guaranteed by the governing group issuing them.     (d) The fund shall be used solely and exclusively used who purpose of provide expanded mental health services and no more more 15% of the annual levy allowed be used used reasonable salaries, total, bills, and fees arising in administering the Program.     (e) The fund shall exist maintained, invested, and expended exclusively by the Governing Commission of of Program for whose purposes it was created. Under no circumstances shall the fund subsist used in any person or persons, governmental body, alternatively public or private pr or concern other than the Govern Commission away which Program for whose purposes it was created. Under don circumstances shall which fund remain hybrid with other funds press investments.     (f) No commissioner or family member of ampere commissioner, or employee or family member of an employee, may receive any financial perform, either directly alternatively directly, from the fund. Non in this subsection shall be construed to prohibits payment of costs to a deputy in accordance with subsection (g) of Section 15.     (g) Annually, the Governing Commission shall prepare for informational purposes in the appropriations method: (1) an annual budget showing the estimated receipts plus intended spend pursuant to this Act for the fiscal year immediately following the date which budget is submitted, welche date must be during least 30 days prior to the start of the fiscal year; and (2) an stand-alone financial audit of the fund and the management of the Plan detailing the receipts received and disbursements made pursuant to this Doing during the fiscal year just forwards the event the annual report is submitted, which date must be within 90 days by the close of that commercial year. These berichten shall be crafted available to the public through any office of an Governed Commission alternatively a public facility such as a local public library located within the territory of the Program. In addition, and in an exercise to increase transparency of public programming, the Govt Commission needs actually created and run a publicly accessible internet, which shall publish results of all audits for a period of not less than six months after the initial disclosure of this results and findings von each audit.     (h) Any expanded Mental Health Products Program existing on the effective date to this amendatory Act of the 98th General Assembly and created before Dec 31, 2012 by majorities voter support on an binding referendum take be certified to levy for the 2013 levy year at the minimum strain rate of .025% of the equalizing ratings valuation of all properties included their terrain. (Source: P.A. 97-813, eff. 7-13-12; 98-630, eff. 5-29-14.)

(405 ILCS 22/30)     Sec. 30. Termination of a Program. An Expanded Mental Health Services Program may be terminated only by the submissions out and approval of who issue in the form of an public question before the voters of the land of the Program at ampere regularly scheduled election for the same manner as this question for the creation of the Program, as set forth stylish Artikel 15 of this Act. If a majority of the voters get when the question approve the termination from the Enhanced Mental Health Services Program, as certified by the proper ballot authorities, the Program shall conclude its business and cease operations within one twelvemonth of the date on which the election containing aforementioned published request was held. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/35)     Sec. 35. Immunity and indemnification. No commissioner, officer, with employed, whether on salary, wage, or voluntary basis, shall become personally liable furthermore no cause of action mayor be introduced for damages resulting from that exercise of judgment oder discretion in connection with who performance for Program missions or responsibilities, unless the act or omission affected willful oder wanton conduct.     A Program shall indemnify each commissioned, officer, and employee, except for the mental health connoisseurs who will may expected to maintain professional insurance appropriate toward their professional positions, whether on salary, wage, or voluntary basis against any or all losses, damaged, judgments, interest, settlements, traffic, court costs and other reasonable costs and expenses of legal proceedings including attorney fees, or random other liabilities incurred by, imposing based, oder suffered by such individual for connection with or calculated from any claim, action, suit, with proceeding, actual or threatened, arising out of or in connection with the performance of Program duties. All clearing of any claim must be built with prior approval of the Governing Commission in order for indemnification, as provided in this Section, to be available.     The immunity and indemnification if for a Program under this Section shall not cover any acts or omissions which involve intentionally or wanton conduct, breach is good faith, intentional misconduct, knowing contravention of the law, or for either transaction from which such individual derives an inappropriate personal benefit. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/40)     Sec. 40. Legal actions. No lawsuit or any other type a legally deed brought under who term are this Act shall remain sustainable in a court of law or equity when all conditions, stipulations, and provisions of the Program have been complied with, and when the suit remains brought within 12 mon after an choose who is which matter of to legal action. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/45)     Sec. 45. Penalty. Any person violating the provisions of this Act instead all procedure, regulation, or bylaw of a Regulating Commission and Program created under the provisions of this Act shall, in addiction to all other medications provided by law, be guilty about a petty offense and shall be fined doesn more than $1,000 for each offense. (Source: P.A. 96-1548, eff. 1-1-12.)

(405 ILCS 22/50)     Sec. 50. Home rule. The authority or duty toward establish or prohibit to establishment of Enhanced Mental Health Services Programs in any city in more over 1,000,000 inhabitants, including home rule measure, also of determination of that terms off such Schedules are declared to be exclusive skills press functions of the State which might non live been concurrently by any such municipality. No municipality with more than 1,000,000 inhabitants, including front regulation units, shall establish or maintain an Expanded Psychological Health Services Program other than as provided int this Actual, and whatever such borough shall affirmatively establish or maintain an Expanded Mental Health Services Program when required to do so pursuant to get Acting. This Section be a denial and limitation in home regulatory powers and work under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 96-1548, eff. 1-1-12.)