Full Text of HB2280 96th General Assembly
HB2280 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2280
Introduced 2/18/2009, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/3-801 |
from Ch. 91 1/2, par. 3-801 |
405 ILCS 5/3-811 |
from Ch. 91 1/2, par. 3-811 |
405 ILCS 5/3-902 |
from Ch. 91 1/2, par. 3-902 |
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Amends the Mental Health and Developmental Disabilities Code. Provides that a petitioner in an involuntary admission's case shall be notified of the respondent's request for voluntary admission to a mental health facility and the petitioner's right to object to such voluntary admission when the request was made prior to an adjudication of the matter and the facility director of the mental health facility has approved the respondent's request. Provides that if voluntary admission is accepted and the petition is dismissed by the court, or if the respondent is found subject to involuntary admission, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the respondent's discharge. Further provides that a facility director of a mental health facility shall notify the petitioner in a successful involuntary admission case, of the hospitalized person's subsequent discharge at least 48 hours prior to discharge if the petitioner has requested in writing that such notification be given. Effective immediately.
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A BILL FOR
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HB2280 |
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LRB096 08706 KTG 18837 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 3-801, 3-811, | 6 |
| and 3-902 as follows: | 7 |
| (405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
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| Sec. 3-801. A respondent may request admission as an | 9 |
| informal or voluntary
recipient at any time prior to an | 10 |
| adjudication that he is subject to
involuntary admission.
The | 11 |
| facility director shall approve such a request unless the | 12 |
| facility
director
determines
that the respondent lacks the | 13 |
| capacity to consent to informal or voluntary
admission or
that | 14 |
| informal or voluntary admission is clinically inappropriate. | 15 |
| The director
shall not
find that voluntary admission is | 16 |
| clinically inappropriate in the absence of a
documented
history | 17 |
| of the respondent's illness and treatment demonstrating that | 18 |
| the
respondent is
unlikely to continue to receive needed | 19 |
| treatment following release from
informal or
voluntary | 20 |
| admission and that an order for alternative treatment or for | 21 |
| care and
custody is
necessary in order to ensure continuity of
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| treatment outside a mental health facility.
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| If the facility director approves such a request, the
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HB2280 |
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LRB096 08706 KTG 18837 b |
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| petitioner shall be notified of the request and of his or her | 2 |
| right to object thereto. The court may dismiss the pending | 3 |
| proceedings , but shall consider any objection made by either | 4 |
| the petitioner or the State's Attorney and may require proof | 5 |
| that such
dismissal is in the best interest of the respondent | 6 |
| and of the public.
If voluntary admission is accepted and the | 7 |
| petition is dismissed by the court, notice shall be provided to | 8 |
| the petitioner, orally and in writing, of his or her right to | 9 |
| receive notice of the recipient's discharge pursuant to Section | 10 |
| 3-902(d).
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| (Source: P.A. 94-521, eff. 1-1-06.)
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| (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
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| Sec. 3-811. Involuntary admission; alternative mental | 14 |
| health facilities. (a) If any person is found subject to | 15 |
| involuntary admission, the court shall
consider alternative | 16 |
| mental health facilities which are appropriate for and
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| available to the respondent, including but not limited to | 18 |
| hospitalization. The
court may order the respondent to undergo | 19 |
| a program of hospitalization in a
mental health facility | 20 |
| designated by the Department, in a licensed private hospital or | 21 |
| private
mental health facility if it agrees, or in a facility | 22 |
| of the United
States
Veterans Administration if it agrees; or | 23 |
| the court may order the respondent
to undergo a program of | 24 |
| alternative treatment; or the court may place the
respondent
in | 25 |
| the care and custody of a relative or other person willing and |
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| able to
properly care for him or her. The court shall order the | 2 |
| least
restrictive alternative for treatment which is | 3 |
| appropriate.
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| (b) Whenever a person is found subject to involuntary | 5 |
| admission, notice shall be provided to the petitioner, orally | 6 |
| and in writing, of his or her right to receive notice of the | 7 |
| recipient's discharge pursuant to Section 3-902(d). | 8 |
| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
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| Sec. 3-902. Director initiated discharge.
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| (a) The facility director may at any time discharge an | 12 |
| informal,
voluntary, or minor recipient who is clinically | 13 |
| suitable for discharge.
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| (b) The facility director shall discharge a recipient | 15 |
| admitted upon court
order under this Chapter or any prior | 16 |
| statute where he is no longer subject
to involuntary admission. | 17 |
| If the facility director believes that continuing
treatment is | 18 |
| advisable for such recipient, he shall inform the recipient of | 19 |
| his
right to remain as an informal or voluntary recipient.
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| (c) When a facility director discharges or changes the | 21 |
| status of a recipient
pursuant to this Section he shall | 22 |
| promptly notify the clerk of the court
which entered the | 23 |
| original order of the discharge or change in status. Upon
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| receipt of such notice, the clerk of the court shall note the | 25 |
| action taken in
the court record. If the person being |
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| discharged is a person under legal
disability, the facility | 2 |
| director shall also submit a certificate regarding his
legal | 3 |
| status without disability pursuant to Section 3-907.
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| (d) When the facility director determines that discharge is | 5 |
| appropriate
for a recipient pursuant to this Section or Section | 6 |
| 3-403 he or she shall
notify the state's attorney of the county
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| in which the recipient resided immediately prior to his | 8 |
| admission to a mental
health facility and the state's attorney | 9 |
| of the county where the last
petition for commitment was filed | 10 |
| at least 48 hours prior to the discharge when
either state's | 11 |
| attorney has requested in writing such notification on that
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| individual recipient or when
the facility director regards a | 13 |
| recipient as a continuing threat to the peace
and safety of the | 14 |
| community. Upon receipt of such notice, the state's attorney
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| may take any court action or notify such peace officers that he | 16 |
| deems
appropriate. When the facility director determines that | 17 |
| discharge is appropriate for a recipient pursuant to this | 18 |
| Section or Section 3-403, he or she shall notify the person | 19 |
| whose petition pursuant to Section 3-701 resulted in the | 20 |
| current hospitalization of the recipient's discharge at least | 21 |
| 48 hours prior to the discharge, if the petitioner has | 22 |
| requested in writing such notification on that individual | 23 |
| recipient.
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| (e) The facility director may grant a temporary release to | 25 |
| a recipient whose
condition is not considered appropriate for | 26 |
| discharge where such release
is considered to be clinically |
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| appropriate, provided that the release does
not endanger the | 2 |
| public safety.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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