HB3617 102ND GENERAL ASSEMBLY

LRB102 11830 RLC 17165 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3617

Introduced 2/22/2021, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-100	from Ch. 91 1/2, par. 3-100
405 ILCS 5/3-811	from Ch. 91 1/2, par. 3-811

Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the Code over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment involving the administration of psychotropic medication and electroconvulsive therapy. Deletes provision that limits jurisdiction to persons not charged with a felony. Provides that except as provided in the Fitness for Trial, to Plead or to be Sentenced Article of the Code of Criminal Procedure of 1963, no respondent who has pending felony charges, may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Sections 3-100 and 3-811 as follows:

(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)

Sec. 3-100. The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are:

(1) subject to involuntary admission on an inpatient basis as defined in Section 1-119 of this Code;

(2) subject to involuntary admission on an outpatient basis as defined in Section 1-119.1 of this Code; or

(3) in need of treatment under Section 2-107.1 of this Code. Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody. The circuit court has jurisdiction over all persons alleged to be in need of treatment under Section 2-107.1 of this Code, whether or not they are charged with a felony.

(Source: P.A. 99-179, eff. 7-29-15.)

(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)

Sec. 3-811. Involuntary admission; alternative mental health facilities.

(a) If any person is found subject to involuntary admission on an inpatient basis, the court shall consider alternative mental health facilities which are appropriate for and available to the respondent, including but not limited to hospitalization. The court may order the respondent to undergo a program of hospitalization in a mental health facility designated by the Department, in a licensed private hospital or private mental health facility if it agrees, or in a facility of the United States Veterans Administration if it agrees. If any person is found subject to involuntary admission on an outpatient basis, the court may order the respondent to undergo a program of alternative treatment; or the court may place the respondent in the care and custody of a relative or other person willing and able to properly care for him or her. The court shall order the least restrictive alternative for treatment which is appropriate. Except as provided in Section 104-10 of the Code of Criminal Procedure of 1963, no respondent who has pending felony charges, may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department unless the Department agrees.

(b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).

(c) An order that a person is found subject to involuntary admission on an inpatient basis does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient.

(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.)