SB1983 94TH GENERAL ASSEMBLY

LRB094 10572 DRJ 40869 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1983

Introduced 2/25/2005, by Sen. Dale A. Righter - Frank C. Watson

SYNOPSIS AS INTRODUCED:

405 ILCS 5/1-104.5 new
405 ILCS 5/1-119	from Ch. 91 1/2, par. 1-119
405 ILCS 5/3-811.5 new

Amends the Mental Health and Developmental Disabilities Code. Adds persons included within the definition of "person subject to involuntary admission", including: (1) a person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is at risk of suffering or continuing to suffer mental deterioration or emotional deterioration, or both, to the point that the person is at risk of engaging in dangerous conduct; and (2) a person who has been adjudged to be subject to authorized involuntary treatment and with respect to whom (A) outpatient treatment has been shown to be ineffective because the person is unable or unwilling to comply with his or her treatment plan and (B) inpatient admission is likely to be effective in implementing the person's treatment plan and is otherwise in the person's best interests. Provides that at any time before the conclusion of a hearing on involuntary admission 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, if certain conditions are met. Provides that an agreed order for care and custody may grant the custodian the authority to admit a respondent to a hospital if the respondent fails to comply with the conditions of the agreed order. Provides that an agreed order for alternative treatment or care and custody does not constitute a finding that the respondent is a person subject to involuntary admission. Provides that a respondent may not be cited for contempt for violating the terms and conditions of his or her agreed order for care and custody. Makes other changes.

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 Section 1-119 and by adding Sections 1-104.5 and 3-811.5 as follows:

(405 ILCS 5/1-104.5 new)

Sec. 1-104.5. "Dangerous conduct" means acts or omissions that place the individual or others in risk of harm. The term includes threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm.

(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)

Sec. 1-119. "Person subject to involuntary admission" means:

(1) A person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct inflict serious physical harm upon himself or herself or another in the near future which may include threatening behavior or conduct that places that person or another individual in reasonable expectation of being harmed; or

(2) A person with mental illness and who because of his or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or outside help; .

(3) A person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is at risk of suffering or continuing to suffer mental deterioration or emotional deterioration, or both, to the point that the person is at risk of engaging in dangerous conduct; or

(4) A person who has been adjudged to be subject to authorized involuntary treatment under Section 2-107.1 and with respect to whom: (i) outpatient treatment has been shown to be ineffective because the person is unable or unwilling to comply with his or her treatment plan; and (ii) inpatient admission is likely to be effective in implementing the person's treatment plan and is otherwise in the person's best interests.

In determining whether a person meets the criteria specified in paragraph (1) or (2), the court may consider evidence of the person's repeated past pattern of specific behavior and actions related to the person's illness.

(Source: P.A. 93-573, eff. 8-21-03.)

(405 ILCS 5/3-811.5 new)

Sec. 3-811.5. Agreed order for alternative treatment or care and custody.

(a) At any time before the conclusion of the hearing 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 as provided in Sections 3-811, 3-812, 3-813, and 3-815, provided that:

(1) The court and the parties have been presented with a written report under Section 3-810 containing a recommendation for alternative treatment or care and custody and setting forth in detail the conditions for such an order, and the court is satisfied that the proposal for alternative treatment or care and custody is in the best interest of the respondent and of the public.

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

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

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

(5) No order may include as one of its conditions the administration of psychotropic medication, unless the court determines, based on the documented history of the respondent's treatment or illness manifestations, that the respondent is unlikely to continue to receive needed psychotropic medication in the absence of such an order.

(b) An agreed order for care and custody entered under this Section may grant the custodian the authority to admit a respondent to a hospital if the respondent fails to comply with the conditions of the agreed order. If necessary in order to obtain the hospitalization of the respondent, the custodian may apply to the court for an order authorizing a peace officer to take the respondent into custody and transport the respondent to the hospital specified in the agreed order. The provisions of Section 3-605 shall govern the transportation of the respondent to a mental health facility, except to the extent that those provisions are inconsistent with this Section. A person admitted to a hospital pursuant to powers granted under an agreed order for care and custody shall be treated as a voluntary recipient pursuant to Article IV of this Chapter and shall be advised immediately of his or her right to request a discharge under Section 3-403.

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

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

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

(f) Notwithstanding any other provision of Illinois law to the contrary, a respondent may not be cited for contempt for violating the terms and conditions of his or her agreed order of care and custody.