405 ILCS 5/3-605
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 5/ - Mental Health and Developmental Disabilities Code.|Chapter III - Admission, Transfer And Discharge Procedures For The Mentally Ill

 (from Ch. 91 1/2, par. 3-605)Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared  pursuant to this Article, the county sheriff of the county in which a  respondent is found shall take a respondent into  custody and transport him to a mental health facility, or may make  arrangements  with another public or private entity including a licensed ambulance service to  transport the respondent to the mental health facility.  In the event it  is determined by such facility that the respondent is in need of commitment  or treatment at another mental health facility, the county sheriff  shall transport the respondent to the appropriate mental health facility,  or the county sheriff may make arrangements with another public or private  entity including a licensed  ambulance service to transport the respondent to the mental health facility.(b) The county  sheriff  may delegate his duties under subsection (a) to another law enforcement body within  that county if that law enforcement body agrees.(b-5) In counties with a population under 3,000,000, upon   receipt  of  a  petition  and certificate prepared pursuant to  this  Article,  the   Department  shall make arrangements   to appropriately transport the respondent to a  mental  health facility. In the event it is determined by the facility that the  respondent  is  in  need  of  commitment or treatment at another mental health facility, the Department shall make arrangements  to  appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility.  In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure  (i) the provision of trained personnel and  the  use  of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's  insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.The Department may not  make  arrangements  with  an existing   hospital   or   grant-in-aid   or  fee-for-service community provider for  transportation  services  under  this  Section  unless  the  hospital  or  provider  has voluntarily submitted a proposal for its  transportation  services.   This requirement does not eliminate or reduce  any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.(c) The transporting authority acting in good faith and without negligence  in connection with the transportation of respondents shall incur no liability,  civil or criminal, by reason of such transportation.(d) The respondent  and the estate of that respondent are liable for the payment  of transportation costs for transporting the respondent to a mental health  facility.  If the respondent  is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the respondent's  estate and shall not be subject to payment for transportation costs for  transporting the respondent to a mental health facility  under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the respondent is unable to pay or if the estate  of the respondent is insufficient, the responsible relatives are severally  liable for the payment of those sums or for the balance due in case less  than the amount owing has been paid.  If the respondent is covered by insurance, the insurance carrier shall be  liable for payment to the extent authorized by the respondent's insurance  policy.  (Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)