Full Text of SB0834 99th General Assembly
SB0834enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | 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 3-800 as | 6 | | follows:
| 7 | | (405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
| 8 | | Sec. 3-800.
(a) Unless otherwise indicated, court hearings | 9 | | under this
Chapter shall be held pursuant to this Article. | 10 | | Hearings shall be held
in such quarters as the court directs.
| 11 | | To the extent practical, hearings shall be held in the mental | 12 | | health facility
where the respondent is hospitalized. Any party | 13 | | may request a change of
venue or transfer to any other county | 14 | | because of the convenience of parties
or witnesses or the | 15 | | condition of the respondent. The respondent may
request to have | 16 | | the proceedings transferred to the county of his or her | 17 | | residence. The court shall grant the request if and only if the | 18 | | court determines that the transfer is necessary to ensure the | 19 | | attendance of any material witness.
| 20 | | (b) If the court grants a continuance on its own motion or | 21 | | upon the motion
of one of the parties, the respondent may | 22 | | continue to be detained pending
further order of the court. | 23 | | Such continuance shall not extend beyond 15
days except to the |
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| 1 | | extent that continuances are requested by the respondent.
| 2 | | (c) Court hearings under this Chapter, including hearings | 3 | | under Section
2-107.1, shall be open to the press and public | 4 | | unless the
respondent or some other party requests that they be | 5 | | closed. The court may
also indicate its intention to close a | 6 | | hearing, including when it determines
that the respondent may | 7 | | be unable to make a reasoned decision to request that
the
| 8 | | hearing be closed. A request that a hearing be closed shall be
| 9 | | granted unless there is an objection to closing the hearing by | 10 | | a party or any
other person. If
an objection is made, the court | 11 | | shall not close the hearing unless, following a
hearing, it | 12 | | determines that the patient's interest in having the hearing | 13 | | closed
is compelling. The court shall support its determination | 14 | | with written findings
of fact and conclusions of law. The court | 15 | | shall not close the hearing if the
respondent objects to its | 16 | | closure. Whenever a court determines that a hearing
shall be | 17 | | closed, access to the records of the hearing, including but not
| 18 | | limited to transcripts and pleadings, shall be limited to the | 19 | | parties involved
in the hearing, court personnel, and any | 20 | | person or agency providing mental
health services that are the | 21 | | subject of the hearing. Access may also
be granted, however, | 22 | | pursuant to the provisions of the Mental Health and
| 23 | | Developmental
Disabilities Confidentiality Act. | 24 | | (d) The provisions of subsection (a-5) of Section 6 of the | 25 | | Rights of Crime Victims and Witnesses Act shall apply to the | 26 | | initial commitment hearing, as provided under Section 5-2-4 of |
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| 1 | | the Unified Code of Corrections, for a respondent found not | 2 | | guilty by reason of insanity of a violent crime in a criminal | 3 | | proceeding and the hearing has been ordered by the court under | 4 | | this Code to determine if the defendant is: | 5 | | (1) in need of mental health services on an inpatient | 6 | | basis; | 7 | | (2) in need of mental health services on an outpatient | 8 | | basis; or | 9 | | (3) not in need of mental health services. | 10 | | While the impact statement to the court allowed under this | 11 | | subsection (d) may include the impact that the respondent's | 12 | | criminal conduct has had upon the victim, victim's | 13 | | representative, or victim's family or household member, the | 14 | | court may only consider the impact statement along with all | 15 | | other appropriate factors in determining the: | 16 | | (i) threat of serious physical harm posed by the | 17 | | respondent to himself or herself, or to another person; | 18 | | (ii) location of inpatient or outpatient mental health | 19 | | services ordered by the court, but only after complying | 20 | | with all other applicable administrative requirements, | 21 | | rules, and statutory requirements; | 22 | | (iii) maximum period of commitment for inpatient | 23 | | mental health services; and | 24 | | (iv) conditions of release for outpatient mental | 25 | | health services ordered by the court.
| 26 | | (e) Notwithstanding the provisions of Section 2-1009 of the |
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| 1 | | Code of Civil Procedure, a respondent may object to a motion | 2 | | for voluntary dismissal and the court may refuse to grant such | 3 | | a dismissal for good cause shown. | 4 | | (Source: P.A. 96-117, eff. 1-1-10; 97-375, eff. 8-15-11.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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