94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3812


 
Introduced 2/25/2005, by Rep. Julie Hamos
 
SYNOPSIS AS INTRODUCED:
 		













405 ILCS 5/3-801
  from Ch. 91 1/2, par. 3-801




405 ILCS 5/3-801.5 new










    Amends the Mental Health and Developmental Disabilities Code. Adds
provisions concerning a facility director's approval of a respondent's request
for informal
or voluntary admission. Provides that at any time before the conclusion of a
hearing
concerning admission to a mental health facility and the entry of the court's
findings, a
respondent may enter into an agreement to be subject to an order for
alternative treatment
or care and custody. States the conditions required for approval of such an
agreed order
and states other provisions concerning the entry of such an order.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3812

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1
    AN ACT in relation to health. 

 
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    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Mental Health and Developmental 
5
Disabilities Code is amended
by changing Section 3-801 and 
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adding Section 3-801.5 as follows:


 
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    (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 
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informal or voluntary
recipient at any time prior to an 
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adjudication that he is subject to
involuntary admission.
The 
11
facility director shall approve such a request unless the 
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facility
director
determines
that the respondent lacks the 
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capacity to consent to informal or voluntary
admission or
that 
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informal or voluntary admission is clinically inappropriate. 
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The director
shall not
find that voluntary admission is 
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clinically inappropriate in the absence of a
documented
history 
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of the respondent's illness and treatment demonstrating that 
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the
respondent is
unlikely to continue to receive needed 
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treatment following release from
informal or
voluntary 
20
admission and that an order for alternative treatment or for 
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care and
custody is
necessary in order to ensure continuity of

22
treatment outside a mental health facility.


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    If the facility director approves such a request, the
court 
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may dismiss the pending proceedings but may require proof that 
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such
dismissal is in the best interest of the respondent and of 
26
the public.


27
(Source: P.A. 88-380.)

 
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    (405 ILCS 5/3-801.5 new)

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    Sec. 3-801.5. Agreed order for alternative treatment or 
30
care and custody.

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    (a) At any time before the conclusion of the hearing and 
 


 






HB3812
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1
the entry of the
court's
findings, a respondent may enter into 
2
an agreement to be subject to an order
for
alternative 
3
treatment or care and custody as provided for in Sections 
4
3-811,
3-812, 3-813,
and 3-815 of this Code, provided that:

5
        (1) The court and the parties have been presented with 
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    a written report
pursuant to Section 3-810 of this Code 
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    containing a recommendation for
alternative treatment or 
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    care and custody and setting forth in detail the
conditions

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    for such an order, and the court is satisfied that the 
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    proposal for alternative
treatment or care and custody is 
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    in the best interest of the respondent and of
the
public.

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        (2) The court advises the respondent of the conditions 
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    of the proposed
order in open court and is satisfied that 
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    the respondent understands and agrees
to
the conditions of 
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    the proposed order for alternative treatment or care and

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    custody.

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        (3) The proposed custodian is advised of the 
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    recommendation for care and
custody and agrees to abide by 
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    the terms of the proposed order.

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        (4) No such order may require the respondent to be 
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    hospitalized except as
provided in subsection (b) of this 
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    Section.

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        (5) No order may include as one of its conditions the 
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    administration of
psychotropic medication, unless the 
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    court determines, based on the documented
history of the 
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    respondent's treatment and illness, that the respondent is

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    unlikely to
continue to receive needed psychotropic 
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    medication in the absence of such an
order.

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    (b) An agreed order of care and custody entered pursuant to 
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this Section may
grant the custodian the authority to admit a 
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respondent to a hospital if the
respondent fails
to comply with 
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the conditions of the agreed order. If necessary in order to

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obtain the
hospitalization of the respondent, the custodian may 
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apply to the court for an
order
authorizing an officer of the 
35
peace to take the respondent into custody and
transport the

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respondent to the hospital specified in the agreed order. The 
 


 






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provisions of
Section 3-605
of this Code shall govern the 
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transportation of the respondent to a mental
health facility,

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except to the extent that those provisions are inconsistent 
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with this Section.
However, a
person admitted to a hospital 
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pursuant to powers granted under an agreed order
for care
and 
6
custody shall be treated as a voluntary recipient pursuant to 
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Article IV of
this Chapter
and shall be advised immediately of 
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his or her right to request a discharge
pursuant to
Section 
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3-403 of this Code.

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    (c) If the court has appointed counsel for the respondent 
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pursuant to
Section 3-805
of this Code, that appointment shall 
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continue for the duration of any order
entered under
this 
13
Section, and the respondent shall be represented by counsel in 
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any
proceeding held
pursuant to this Section.

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    (d) An order entered under this Section shall not 
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constitute a finding that
the
respondent is subject to 
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involuntary admission.

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    (e) Nothing in this Section shall be deemed to create an 
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agency relationship
between the respondent and any custodian 
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appointed pursuant to this Section.

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    (f) Notwithstanding any other provision of Illinois law, no 
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respondent may
be
cited for contempt for violating the terms 
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and conditions of his or her agreed
order of care
and custody.