Illinois Compiled Statutes
Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
405 ILCS 20/ - Community Mental Health Act.

(405 ILCS 20/0.1) (from Ch. 91 1/2, par. 300.1)
Sec. 0.1.

This Act shall be known and may be cited as the "Community Mental
Health Act".

(Source: Laws 1967, p. 3457.)

(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
Sec. 1. As used in this Act:
"Direct recipient services" means only those services required to carry out a completed individualized treatment plan that is signed by a service recipient or legal guardian. Crisis assessment and stabilization services are excluded, although these services may be anticipated in a treatment plan.
"Governmental unit" means any county, city, village, incorporated
town, or township.
"Person with a developmental disability" means any person or persons so
diagnosed and as defined in the Mental Health and Developmental Disabilities
Code. Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "person with a developmental disability".
"Mental illness" has the meaning ascribed to that term in the Mental Health and Developmental Disabilities Code. Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "mental illness".
"Substance use disorder" encompasses substance abuse, dependence, and addiction, not inconsistent with federal or State definitions.

(Source: P.A. 97-813, eff. 7-13-12.)

(405 ILCS 20/2) (from Ch. 91 1/2, par. 302)
Sec. 2. Any county, city, village, incorporated town, township,
public health district, county health department, multiple-county health
department, school district or any combination thereof, in consultation
with and being advised by the Department of Human Services,
shall
have the power to construct, repair, operate, maintain and regulate
community mental health facilities to provide mental health services as
defined by the local community mental health board, including services
for, persons with a developmental disability or substance use disorder, for
residents thereof and/or to contract therefor with any private or public
entity which provides such facilities and services, either in or without
such county, city, village, incorporated town, township, public health
district, county health department, multiple-county health department,
school district or any combination thereof.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/3) (from Ch. 91 1/2, par. 303)
Sec. 3.

Any such county, city, village, incorporated town, township, public
health district, county health department, multiple-county health
department, school district, community mental health board or any combination
thereof, may accept
donations of property and funds for the purposes specified in this Act.

(Source: P.A. 81-898.)

(405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)
Sec. 3a. Every governmental unit authorized to levy an annual tax
under any of the provisions of this Act shall, before it may levy such
tax, establish a 7 member community mental health board who shall
administer this Act. Such board shall be appointed by the chairman of
the governing body of a county, the mayor of a city, the president of a
village, the president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of the
governing body of such county, city, village, incorporated town or the
town board of trustees of any township. Members of the community mental
health board shall be residents of the government unit and, as nearly as
possible, be representative of interested groups of the community such
as local health departments, medical societies, local comprehensive
health planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance abuse, as well as
the general public. Only one member shall be a member of the governing body.
The chairman of the governing body may, upon the request of the community
mental health board, appoint 2 additional members to the community mental
health board. No member of the community mental health board may be a
full-time or part-time employee of the Department of Human Services or a board member, employee or any other individual
receiving compensation from any facility or service
operating under contract to the board. If a successful referendum is
held under Section 5 of this Act, all members of such board shall be
appointed within 60 days of the referendum.
Home rule units are exempt from this Act. However, they may, by
ordinance, adopt the provisions of this Act, or any portion thereof,
that they may deem advisable.
The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters at a
referendum. Such referendum may have been held at any time subsequent to the
effective date of the Community Mental Health Act.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)
Sec. 3b.

The term of office of each member of the community mental health
board shall be for 4 years, provided, however, that of the members first
appointed, 2 shall be appointed for a term of 2 years, 2 for a term of 3
years and 3 for a term of 4 years. All terms shall be measured from the
first day of the year of appointment. Vacancies shall be filled for the
unexpired term in the same manner as original appointments.

(Source: Laws 1965, p. 1037.)

(405 ILCS 20/3c) (from Ch. 91 1/2, par. 303c)
Sec. 3c.

Any member of the community mental health board may be removed by the
appointing officer for absenteeism, neglect of duty, misconduct or
malfeasance in office, after being given a written statement of the charges
and an opportunity to be heard thereon.

(Source: P.A. 77-1500.)

(405 ILCS 20/3d) (from Ch. 91 1/2, par. 303d)
Sec. 3d.

The expenses incurred by any community mental health board in the
performance of duties imposed upon it or its members shall be a charge on
the board and shall be paid out of the "Community Mental Health Fund"
hereinafter established. No member shall receive payment, except expenses,
for service on the board.

(Source: P.A. 78-574.)

(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
Sec. 3e. Board's powers and duties.
(1) Every community mental health board shall, immediately
after appointment, meet and organize, by the election of one of its
number as president and one as secretary and such other officers as it
may deem necessary. It shall make rules and regulations concerning the
rendition or operation of services and facilities which it directs,
supervises or funds, not inconsistent with the provisions of this Act. It shall:
(2) The community mental health board has the following powers:
(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)
Sec. 3f. Annually, each community mental health board shall prepare and submit, for informational purposes in the appropriations process,
to the appointing officer and governing body referred to in Section 3a:
(a) an annual budget showing the estimated receipts and intended
disbursements pursuant to this Act for the fiscal year immediately
following the date the budget is submitted, which date must be at least
30 days prior to the start of the fiscal year, and (b) an annual report
detailing the income received and disbursements made pursuant to this
Act during the fiscal year just preceding the date the annual report is
submitted, which date must be within 90 days of the close of that fiscal
year. Such report shall also include those matters set forth in Section
8 of this Act.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/3g) (from Ch. 91 1/2, par. 303g)
Sec. 3g.

Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.

(Source: P.A. 84-731.)

(405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
Sec. 4. In order to provide the necessary funds or to supplement
existing funds for such community mental health facilities and services,
including facilities and services for the person with a developmental
disability or a substance use disorder, the governing body of any governmental
unit, subject to the provisions of Section 5, may levy an annual tax of not to
exceed .15% upon all of the taxable property in such governmental unit at the
value thereof, as equalized or assessed by the Department of Revenue. Such tax
shall be levied and collected in the same manner as other governmental unit
taxes, but shall not be included in any limitation otherwise prescribed as to
the rate or amount of governmental unit taxes, but shall be in addition thereto
and in excess thereof.
When collected, such tax shall be paid into a special fund to be
designated as the "Community Mental Health Fund" which shall, upon
authorization by the appropriate governmental unit, be administered by
the community mental health board and used only for the purposes
specified in this Act. Nothing contained herein shall in any way
preclude the use of other funds available for such purposes under any
existing Federal, State or local statute. Interest earned from moneys
deposited in this Fund shall only be used for purposes which are
authorized by this Act.
In any city, village, incorporated town, or township which levies a
tax for the purpose of providing community mental health facilities and
services and part or all of such city, village, incorporated town, or
township is in a county or township, as the case may be, which levies a
tax to provide community mental health facilities and services under the
provisions of this Act, such county or township, as the case may be,
shall pay to such city, village, incorporated town, or township, as the
case may be, the entire amount collected from taxes under this Section
on property subject to a tax which any city, village, incorporated town,
or township thereof levies to provide community mental health facilities
and services.
Whenever any city, village, incorporated town, or township receives
any payments from a county or township as provided above, such city,
village, incorporated town, or township shall reduce and abate from the
tax levied by the authority of this Section a rate which would produce
an amount equal to the amount received from such county or township.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
(Text of Section from P.A. 102-839)
Sec. 5. (a) When the governing body of a governmental unit passes a
resolution as provided in Section 4 asking that an annual tax may be
levied for the purpose of providing such mental health facilities and
services, including facilities and services for the person with a
developmental disability or a substance use disorder, in the community and so
instructs the clerk of the governmental unit such clerk shall certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:

--------------------------------------------------------------
Shall............ (governmental
unit) levy an annual tax of not to YES
exceed .15% for the purpose of providing
community mental health facilities and ----------------
services including facilities and services
for the person with a developmental NO
disability or a substance use disorder?

--------------------------------------------------------------
(a-5) If the governmental unit is also subject to the Property Tax Extension Limitation Law, then the proposition shall also comply with the Property Tax Extension Limitation Law. Notwithstanding any provision of this subsection, any referendum imposing an annual tax on or after January 1, 1994 and prior to the effective date of this amendatory Act of the 102nd General Assembly that complies with subsection (a) is hereby validated.
(b) If a majority of all the votes cast upon the proposition are for the
levy of such tax, the governing
body of such governmental unit shall
thereafter annually levy a tax not to exceed the rate set forth in
Section 4. Thereafter, the governing body shall in the annual
appropriation bill appropriate from such funds such sum or sums of money
as may be deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and the local
mental health plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.
(c) If the governing body of a governmental unit levies a tax under Section 4 of this Act and the rate specified in the proposition under subsection (a) of this Section is less than 0.15%, then the governing body of the governmental unit may, upon referendum approval, increase that rate to not more than 0.15%. The governing body shall instruct the clerk of the governmental unit to certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:
If a majority of all the votes cast upon the proposition are for the
increase of the tax, then the governing
body of the governmental unit may
thereafter annually levy a tax not to exceed the rate set forth in the referendum question.
(Source: P.A. 102-839, eff. 5-13-22.)
(Text of Section from P.A. 102-935)
Sec. 5. (a) When the governing body of a governmental unit passes a
resolution as provided in Section 4 asking that an annual tax may be
levied for the purpose of providing such mental health facilities and
services, including facilities and services for the person with a
developmental disability or a substance use disorder, in the community and so
instructs the clerk of the governmental unit such clerk shall certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:

--------------------------------------------------------------
Shall............ (governmental
unit) levy an annual tax of YES
(not more than .15%)
for the purpose of providing
community mental health facilities and ----------------
services including facilities and services
for the person with a developmental NO
disability or a substance use disorder?

--------------------------------------------------------------
(b) If a majority of all the votes cast upon the proposition are for the
levy of such tax, the governing
body of such governmental unit shall
thereafter annually levy a tax not to exceed the rate set forth in
Section 4. Thereafter, the governing body shall in the annual
appropriation bill appropriate from such funds such sum or sums of money
as may be deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and the local
mental health plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.
(c) If the governing body of a governmental unit levies a tax under Section 4 of this Act and the rate specified in the proposition under subsection (a) of this Section is less than 0.15%, then the governing body of the governmental unit may, upon referendum approval, increase that rate to not more than 0.15%. The governing body shall instruct the clerk of the governmental unit to certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:
If a majority of all the votes cast upon the proposition are for the
increase of the tax, then the governing
body of the governmental unit may
thereafter annually levy a tax not to exceed the rate set forth in the referendum question.
(Source: P.A. 102-935, eff. 7-1-22.)

(405 ILCS 20/6) (from Ch. 91 1/2, par. 306)
Sec. 6. Whenever the governing body of any governmental unit has
not provided the community mental health facilities and services
provided in Section 2 and levied the tax provided in Section 4 and a
petition signed by electors of the governmental unit equal in number to
at least 10% of the total votes cast for the office which received the greatest
total number of votes at the last preceding general governmental unit election
is presented to the clerk of the governmental unit requesting the establishment
and maintenance of such community mental health facilities and services,
including facilities and services for the person with a developmental
disability or a substance use disorder, for residents
thereof and the levy of such an annual tax therefor, the governing body
of the governmental unit, subject to the provisions of Section 7, shall
establish and maintain such community mental health facilities and
services and shall levy such an annual tax of not to exceed .15% upon
all of the taxable property in such governmental unit at the value
thereof, as equalized or assessed by the Department of Revenue. Such tax
shall be levied and collected in the same manner as
other governmental unit taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of governmental
unit taxes, but shall be in addition thereto and in excess thereof.
When collected, such tax shall be paid into a special fund to be
designated as the "Community Mental Health Fund" which shall, upon
authorization by the appropriate governmental unit, be administered by
the community mental health board and used only for the purposes
specified in this Act. Nothing contained herein shall in any way
preclude the use of other funds available for such purposes under any
existing Federal, State or local statute. Interest earned from moneys
deposited in this Fund shall only be used for purposes which are
authorized by this Act.
In any city, village, incorporated town, or township which levies a
tax for the purpose of providing community mental health facilities and
services and part or all of such city, village, incorporated town, or
township is in a county or township, as the case may be, which levies a
tax to provide community mental health facilities and services under the
provisions of this Act, such county or township, as the case may be,
shall pay to such city, village, incorporated town, or township, as the
case may be, the entire amount collected from taxes under this Section
on property subject to a tax which any city, village, incorporated town,
or township thereof levies to provide community mental health facilities
and services.
Whenever any city, village, incorporated town, or township receives
any payments from a county or township as provided above, such city,
village, incorporated town, or township shall reduce and abate from the
tax levied by the authority of this Section a rate which would produce
an amount equal to the amount received from such county or township.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/7) (from Ch. 91 1/2, par. 307)
Sec. 7. When the petition provided for in Section 6 is presented to
the clerk of the governmental unit requesting the establishment and
maintenance of such mental health facilities and services for residents
of the community and the levy of such an annual tax therefor, the clerk
of the governmental unit shall certify to the proper election officials
the proposition for the levy of such tax which shall be submitted at a regular
election in accordance with the general election law. The proposition shall be
in substantially the following form:

--------------------------------------------------------------
Shall....................
(governmental unit) establish and
maintain community mental health YES
facilities and services including
facilities and services for the -----------------------
person with a developmental
disability or a substance NO
use disorder and levy therefor an
annual tax of not to exceed .15%?

--------------------------------------------------------------
If a majority of all the votes cast upon the proposition are in favor
thereof, the governing
body of such governmental unit shall establish
and maintain such community mental health facilities and services and
shall annually levy such tax. Thereafter, the governing body shall in
the annual appropriation bill appropriate from such funds such sum or
sums of money as may be deemed necessary, based upon the community
mental health board's budget, the board's annual mental health report,
and the board's plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
Sec. 8.

The Secretary of Human Services may make grants-in-aid to such
county, city, village, incorporated town, township, public health district,
county health department, multiple-county health department, school district or
any combination thereof in accordance with the provisions of Section 34 of the
Mental Health and Developmental Disabilities Administrative Act. However, no
such grants shall be made without first considering the review and comments
made by the board as set forth in Section 3e and responding
thereto. The Department shall make all rules necessary for carrying out the
provisions of this Section, including the setting of standards of eligibility
for state assistance.

(Source: P.A. 91-357, eff. 7-29-99.)

(405 ILCS 20/8.1) (from Ch. 91 1/2, par. 308.1)
Sec. 8.1.

The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.

(Source: P.A. 88-45.)

(405 ILCS 20/8.5)
Sec. 8.5. (Repealed).

(Source: P.A. 92-159, eff. 1-1-02. Repealed by P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/9) (from Ch. 91 1/2, par. 309)
Sec. 9. Whenever electors, equal in number to at least 10% of the
total votes cast for the office on which the greatest total number of
votes were cast at the last preceding general governmental unit
election, of a governmental unit which has adopted the taxing provisions
of this Act, present a petition to the clerk of the governmental unit,
requesting that the levying of a tax annually in such governmental unit
for the purpose of providing community mental health facilities and
services be discontinued, the clerk shall certify the proposition to the
proper election officials for submission at a regular election in accordance
with the general election law. The proposition shall be substantially in
the following form:

--------------------------------------------------------------
Shall.... (governmental unit)
discontinue the levying of an annual tax for YES
the purpose of providing community mental
health facilities and services including -----------------
facilities and services for the
person with a developmental disability NO
or a substance use disorder?

--------------------------------------------------------------
If a majority of all the votes cast upon the proposition are for the
discontinuance of the levying of such tax, the governing body of the
governmental unit shall not thereafter levy such a tax unless a
proposition authorizing such levy again receives a majority of all the
votes cast upon the proposition as provided in Sections 5 and 7 of this Act.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/10) (from Ch. 91 1/2, par. 310)
Sec. 10. Whenever the board and the governing body of a governmental unit by
resolution determines that it is necessary to issue bonds of the governmental
unit to enable it to provide buildings for or to make permanent improvements in
the community mental health facilities, including facilities for the person
with a developmental disability or a substance use disorder, the governing body
shall so instruct the clerk of the governmental unit. Thereupon, such clerk
shall certify the proposition to the proper election officials who shall submit
the proposition at a regular election in accordance with the general election
law. However, before such resolution is adopted, a report must be filed with
the board and the governing body by the Department of Human Services as to the advisability of any
proposed building or of any proposed permanent improvements in existing
facilities.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/11) (from Ch. 91 1/2, par. 311)
Sec. 11.
The proposition pursuant to Section 10 shall be in the following
form:
--------------------------------------------------------------
Shall the.... (governmental unit) issue
bonds to the amount of.... dollars for the
purpose of enabling the governmental unit YES
to.... (purpose to be stated, which shall
be either to provide buildings for or to -----------------
make permanent improvements in the community
mental health facilities including facilities NO
for the person with a developmental
disability or a substance use disorder)?

--------------------------------------------------------------
In case a majority of the votes cast upon the propositions shall be
in favor of the issuance of such bonds, the governing body of the
governmental unit shall issue the bonds of the governmental unit not
exceeding the amount authorized at the referendum. Such bonds shall become
due not more than 40 years after their date, shall be in denominations
of $100 or any multiple thereof, and shall bear interest, evidenced by
coupons, payable semi-annually, as shall be determined by the governing body.

(Source: P.A. 95-336, eff. 8-21-07.)

(405 ILCS 20/12) (from Ch. 91 1/2, par. 312)
Sec. 12.

The bonds authorized by this Act shall be sold and the proceeds thereof
used solely for the specified purpose. At or before the time of delivery of
any bond, the governing body of the governmental unit shall file with the
clerk of the governmental unit its certificates, stating the amount of
bonds to be issued, or denominations, rate of interest, where payable, and
shall include a form of bond to be issued. The governing body of the
governmental unit shall levy a direct tax upon all of the taxable property
within the governmental unit sufficient to pay the principal and interest
on the bonds as and when the same respectively mature. Such tax shall be in
addition to all other taxes and shall not be within any rate limitation
otherwise prescribed by law.
The proceeds received from the sale of the bonds shall be placed in a
special fund in the governmental unit treasury to be designated as the
"Bond Community Mental Health Fund" and thereafter the governing body shall
in the annual appropriation bill appropriate from such funds such sum or
sums as may be necessary to carry out the provisions of this Section.
Interest earned from moneys deposited in this Fund shall only be used for
purposes which are authorized by this Act.

(Source: P.A. 78-574.)

(405 ILCS 20/13) (from Ch. 91 1/2, par. 313)
Sec. 13.

Both the proposition for the levy of an annual tax pursuant to
Section 5 of this Act and the proposition for issuance of bonds pursuant
to Section 10 of this Act may be submitted to the electors at the same
election.

(Source: Laws 1967, p. 1171.)

(405 ILCS 20/14)
Sec. 14. (Repealed).

(Source: P.A. 97-1170, eff. 3-12-13. Repealed internally, eff. 12-31-18.)