Illinois General Assembly - Full Text of HB5236
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Full Text of HB5236  103rd General Assembly

HB5236 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5236

 

Introduced 2/9/2024, by Rep. Bradley Fritts - Travis Weaver

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/Art. 26 heading new
20 ILCS 301/26-1 new
20 ILCS 301/26-2 new
20 ILCS 301/26-5 new
20 ILCS 301/26-10 new
20 ILCS 301/26-15 new
20 ILCS 301/26-20 new
20 ILCS 301/26-25 new
20 ILCS 301/26-30 new
20 ILCS 301/26-45 new
20 ILCS 301/26-50 new
20 ILCS 301/26-55 new
20 ILCS 301/26-60 new
20 ILCS 301/26-65 new

    Amends the Substance Use Disorder Act. Provides that, subject to appropriation, the Department of Human Services shall establish and administer pilot programs in the counties of Lee, Whiteside, Ogle, and Tazewell that allow for court-ordered involuntary treatment for persons 18 years of age or older who have a substance use disorder. Requires the pilot programs to be implemented no later than January 1, 2025 with an end date of January 1, 2029. Provides that under the pilot programs, no person shall be ordered to undergo involuntary treatment for a substance use disorder unless that person: (i) suffers from a substance use disorder; (ii) presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a substantial likelihood of such a threat in the near future; and (iii) can reasonably benefit from treatment. Contains provisions concerning the rights of persons subject to involuntary treatment; forms; jurisdiction; petition requirements; court and medical examinations; emergency hospitalization; the consequences of failing to attend examinations; summons; hospitals and treatment facilities; and defined terms. Requires the Department to submit a report to the General Assembly, no later than July 1, 2029, on the effectiveness and efficiency of each county's pilot program. Sets out certain data and information that must be included in the report. Effective immediately.


LRB103 39336 KTG 69498 b

 

 

A BILL FOR

 

HB5236LRB103 39336 KTG 69498 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Substance Use Disorder Act is amended by
5adding Article 26 as follows:
 
6    (20 ILCS 301/Art. 26 heading new)
7
ARTICLE 26. INVOLUNTARY TREATMENT FOR SUBSTANCE USE DISORDERS
8
PILOT PROGRAMS

 
9    (20 ILCS 301/26-1 new)
10    Sec. 26-1. Pilot programs. Subject to appropriation, the
11Department shall establish and administer pilot programs in
12the counties of Lee, Whiteside, Ogle, and Tazewell that allow
13for court-ordered involuntary treatment for persons 18 years
14of age or older who have a substance use disorder. The pilot
15programs shall be implemented no later than January 1, 2025
16and shall end on January 1, 2029. Each county pilot program
17shall implement the procedures and requirements set forth in
18this Article. No later than July 1, 2029, the Department shall
19submit a report to the General Assembly on the effectiveness
20and efficiency of each county's pilot program. The report
21shall include the following data and information for each
22pilot program:

 

 

HB5236- 2 -LRB103 39336 KTG 69498 b

1        (1) The number of persons who received court-ordered
2    involuntary treatment for a substance use disorder.
3        (2) The number and type of treatment services provided
4    to persons subject to court-ordered involuntary treatment
5    for a substance use disorder.
6        (3) A summary description of the most effective
7    treatment services provided under paragraph (2).
 
8    (20 ILCS 301/26-2 new)
9    Sec. 26-2. Definitions. As used in this Article:
10    "Mental health facility" means any licensed private
11hospital, institution, or facility or section thereof, and any
12facility, or section thereof, operated by the State or a
13political subdivision thereof for the treatment of persons
14with mental illness and includes all hospitals, institutions,
15clinics, evaluation facilities, and mental health centers
16which provide treatment for such persons.
17    "Person" or "respondent" means a person 18 years of age or
18older for whom a court order for involuntary treatment for a
19substance use disorder is sought.
20    "Narcotic treatment program" means a substance use
21disorder program using approved controlled substances and
22offering a range of treatment procedures and services for the
23rehabilitation of persons dependent on opium, morphine,
24heroin, or any derivative or synthetic drug of that group.
25    "Treatment" means inpatient services and programs for the

 

 

HB5236- 3 -LRB103 39336 KTG 69498 b

1care and rehabilitation of intoxicated persons and persons
2suffering from substance use disorders. "Treatment" includes
3those services provided by the Department and services
4provided by a narcotic treatment program.
 
5    (20 ILCS 301/26-5 new)
6    Sec. 26-5. Rights of persons subject to involuntary
7treatment. Involuntary treatment ordered for a person
8suffering from a substance use disorder shall follow the
9procedures set forth in this Article. Except as otherwise
10provided in this Article, all rights guaranteed to persons
11subject to involuntary admission on an inpatient basis under
12Articles I, II, VI, VII, VIII, and XI of Chapter III of the
13Mental Health and Developmental Disabilities Code shall be
14guaranteed to a person ordered to undergo involuntary
15treatment for a substance use disorder.
 
16    (20 ILCS 301/26-10 new)
17    Sec. 26-10. Forms. The Department shall prescribe all
18forms necessary for proceedings under this Article, and all
19forms used in such proceedings shall comply substantially with
20the forms so prescribed. The Department shall publish all
21forms in electronic format and post the forms to its website.
 
22    (20 ILCS 301/26-15 new)
23    Sec. 26-15. Jurisdiction. The circuit court has

 

 

HB5236- 4 -LRB103 39336 KTG 69498 b

1jurisdiction under this Article over persons subject to
2involuntary treatment for substance use disorders.
3    Every petition, certificate, and proof of service required
4by this Article shall be executed under penalty of perjury as
5though under oath or affirmation, but no acknowledgment is
6required.
 
7    (20 ILCS 301/26-20 new)
8    Sec. 26-20. Involuntary treatment. A person 18 years of
9age or older may be subject to involuntary treatment for a
10substance use disorder by court order in accordance with this
11Article. No person shall be ordered to undergo involuntary
12treatment for a substance use disorder unless that person:
13        (1) suffers from a substance use disorder;
14        (2) presents an imminent threat of danger to self,
15    family, or others as a result of a substance use disorder,
16    or there exists a substantial likelihood of such a threat
17    in the near future; and
18        (3) can reasonably benefit from treatment.
 
19    (20 ILCS 301/26-25 new)
20    Sec. 26-25. Petition for involuntary treatment.
21Proceedings for 60 days or 360 days of involuntary treatment
22for a person suffering from a substance use disorder shall be
23initiated by the filing of a petition. The petition and all
24subsequent court documents shall be entitled: "In the interest

 

 

HB5236- 5 -LRB103 39336 KTG 69498 b

1of (name of respondent)." Any spouse, relative, or legal
2guardian 18 years of age or older may execute a petition
3asserting that the person is subject to involuntary treatment
4for a substance use disorder. The petition shall be prepared
5as required in Section 26-30 and shall be filed with the
6circuit court in the county where the person resides or is
7present.
 
8    (20 ILCS 301/26-30 new)
9    Sec. 26-30. Petition requirements. A petition asserting
10that the respondent is subject to involuntary treatment for a
11substance use disorder shall include all of the following:
12        (1) A detailed statement of the reason for the
13    assertion that the respondent is subject to involuntary
14    treatment for a substance use disorder, including the
15    signs and symptoms of substance use and a description of
16    any acts, threats, or other behavior or pattern of
17    behavior supporting the assertion and the time and place
18    of their occurrence.
19        (2) The name and address of the spouse, relative, or
20    legal guardian, if any, or if none, the name and address of
21    any known friend of the respondent whom the petitioner has
22    reason to believe may know or have any of the other names
23    and addresses. If the petitioner is unable to supply any
24    such names and addresses, the petitioner shall state that
25    diligent inquiry was made to learn this information and

 

 

HB5236- 6 -LRB103 39336 KTG 69498 b

1    specify the steps taken.
2        (3) The petitioner's relationship to the respondent
3    and a statement as to whether the petitioner has a legal or
4    financial interest in the matter or is involved in
5    litigation with the respondent. If the petitioner has a
6    legal or financial interest in the matter or is involved
7    in litigation with the respondent, a statement of why the
8    petitioner believes it would not be practicable or
9    possible for someone else to be the petitioner.
10        (4) The names, addresses, and phone numbers of the
11    witnesses by which the facts asserted may be proved.
12    Any petition filed in accordance with this Section shall
13be accompanied by a guarantee, signed by the petitioner,
14obligating that person to pay all costs for treatment of the
15respondent for a substance use disorder that is ordered by the
16court.
17    Knowingly making a material false statement in the
18petition is a Class A misdemeanor.
 
19    (20 ILCS 301/26-45 new)
20    Sec. 26-45. Court and medical examinations.
21    (a) Upon receipt of the petition, the court shall examine
22the petitioner under oath as to the contents of the petition.
23    (b) If, after reviewing the allegations contained in the
24petition and examining the petitioner under oath, it appears
25to the court that there is probable cause to believe the

 

 

HB5236- 7 -LRB103 39336 KTG 69498 b

1respondent is subject to involuntary treatment for a substance
2use disorder on an inpatient basis, then the court shall:
3        (1) set a date for a hearing within 14 days to
4    determine if there is probable cause to believe the
5    respondent should be subject to involuntary treatment for
6    a substance use disorder;
7        (2) notify the respondent, the respondent's legal
8    guardian, if any, the respondent's attorney, and the
9    respondent's spouse or relative concerning the allegations
10    and contents of the petition and the date and purpose of
11    the hearing; and
12        (3) cause the respondent to be examined no later than
13    24 hours before the hearing by a physician and by a
14    clinical psychologist or a psychiatrist; the examining
15    physician and the examining clinical psychologist or
16    psychiatrist must determine whether the respondent is
17    subject to involuntary treatment for a substance use
18    disorder and shall submit a certificate of all findings to
19    the court within 24 hours of the examination.
20    (c) If, upon completion of the hearing, the court finds
21the respondent is subject to involuntary treatment for a
22substance use disorder, then the court shall order such
23treatment for a period not to exceed 60 consecutive days from
24the date of the court order or a period not to exceed 360
25consecutive days from the date of the court order, whatever
26was the period of time that was requested in the petition or

 

 

HB5236- 8 -LRB103 39336 KTG 69498 b

1otherwise agreed to at the hearing. Failure of a respondent to
2undergo treatment ordered in accordance with this subsection
3may place the respondent in contempt of court.
4    (d) If, at any time after the petition is filed, the court
5finds that there is no probable cause to continue treatment or
6if the petitioner withdraws the petition, then the proceedings
7against the respondent shall be dismissed.
 
8    (20 ILCS 301/26-50 new)
9    Sec. 26-50. Emergency hospitalization.
10    (a) Following an examination by a physician and by a
11clinical psychologist or a psychiatrist, and upon
12certification by those examiners that the respondent meets the
13criteria specified in Section 26-20, the court may order the
14respondent hospitalized for a period not to exceed 72 hours if
15the court finds, by clear and convincing evidence, that the
16respondent presents an imminent threat of danger to self,
17family, or others as a result of substance use.
18    (b) Any person who has been admitted to a hospital in
19accordance with subsection (a) shall be released from the
20hospital within 72 hours of admittance.
21    (c) No respondent ordered hospitalized under this Section
22shall be held in jail pending transportation to the hospital
23or evaluation unless the court has previously found the
24respondent to be in contempt of court for either failure to
25undergo treatment or failure to appear at the evaluation

 

 

HB5236- 9 -LRB103 39336 KTG 69498 b

1ordered in accordance with Section 26-45.
 
2    (20 ILCS 301/26-55 new)
3    Sec. 26-55. Failure to attend examinations; summons. When
4the court is authorized to issue an order that the respondent
5be transported to a hospital, the court may issue a summons. If
6the respondent fails to attend an examination scheduled before
7the hearing provided for in Section 26-45, then the court
8shall issue a summons. The summons shall be directed to the
9respondent and shall command the respondent to appear at a
10time and place therein specified. If a respondent who has been
11summoned fails to appear at the hospital or the examination,
12then the court may order the sheriff or other peace officer to
13transport the respondent to a hospital or treatment facility
14as designated by the Department. The sheriff or other peace
15officer may, upon agreement of an individual authorized by the
16peace officer, authorize the Department, a private agency on
17contract with the Department, or an ambulance service provider
18designated by the Department to transport the respondent to
19the hospital or treatment facility. The transportation costs
20of the sheriff, other peace officer, ambulance service, or
21other private agency on contract with the Department shall be
22included in the costs of treatment for substance use disorders
23to be paid by the petitioner.
 
24    (20 ILCS 301/26-60 new)

 

 

HB5236- 10 -LRB103 39336 KTG 69498 b

1    Sec. 26-60. Hospitals and treatment facilities. The
2Department shall, on at least an annual basis, submit the
3following lists to the various circuit courts:
4        (1) a list of hospitals and treatment facilities in
5    the State that are able and willing to take respondents
6    ordered to undergo 72 hours of treatment and observation
7    in accordance with Section 26-50; and
8        (2) a list of hospitals and treatment providers in the
9    State that are able and willing to provide treatment for
10    substance use disorders ordered in accordance with Section
11    26-45 of this Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.