Full Text of SB3129 96th General Assembly
SB3129enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 1-119, 3-600, | 6 |
| 3-601, 3-602, 3-603, 3-606, 3-607, 3-610, 3-700, 3-701, 3-702, | 7 |
| 3-703, 3-704, 3-801, 3-801.5, 3-802, 3-805, 3-807, 3-808, | 8 |
| 3-809, 3-810, 3-811, 3-812, 3-813, 3-900, 3-901, and 3-902, by | 9 |
| changing the heading of Article VII of Chapter III, by adding | 10 |
| Section 1-119.1, and by adding Article VII-A to Chapter III as | 11 |
| follows:
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| (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
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| Sec. 1-119. "Person subject to involuntary admission on an | 14 |
| inpatient basis " means:
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| (1) A person with mental illness and who because of his | 16 |
| or her illness is
reasonably expected , unless treated on an | 17 |
| inpatient basis, to engage in conduct placing such person | 18 |
| or another in physical harm or in reasonable expectation of | 19 |
| being physically harmed dangerous conduct which may | 20 |
| include threatening behavior or conduct
that places that | 21 |
| person or another individual in reasonable expectation of | 22 |
| being harmed ;
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| (2) A person with mental illness and who because of his |
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| or her illness is
unable to
provide for his or her basic | 2 |
| physical needs so as to guard
himself or
herself from | 3 |
| serious harm without the assistance of family or others, | 4 |
| unless treated on an inpatient basis outside help ; or
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| (3) A person with mental illness who : | 6 |
| (i) refuses treatment or is not adhering | 7 |
| adequately to prescribed treatment; | 8 |
| (ii) because of the nature of his or her illness, | 9 |
| is unable to understand his or her need for treatment; | 10 |
| and | 11 |
| (iii) if not treated on an inpatient basis, is | 12 |
| reasonably expected, based on his or her behavioral | 13 |
| history, to suffer mental or emotional deterioration | 14 |
| and is reasonably expected, after such deterioration, | 15 |
| to meet the criteria of either paragraph (1) or | 16 |
| paragraph (2) of this Section. , because of the nature | 17 |
| of his or her illness, is unable to understand his or | 18 |
| her need for treatment and who, if not treated, is | 19 |
| reasonably expected to suffer or continue to suffer | 20 |
| mental deterioration or emotional deterioration, or | 21 |
| both, to the point that the person is reasonably | 22 |
| expected to engage in dangerous conduct. | 23 |
| In determining whether a person meets the criteria | 24 |
| specified in paragraph
(1), (2), or (3), the court may consider | 25 |
| evidence of the person's repeated past pattern
of specific | 26 |
| behavior
and actions related to the
person's illness.
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| (Source: P.A. 95-602, eff. 6-1-08 .)
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| (405 ILCS 5/1-119.1 new) | 3 |
| Sec. 1-119.1. "Person subject to involuntary admission on | 4 |
| an outpatient basis" means: | 5 |
| (1) A person who would meet the criteria for admission | 6 |
| on an inpatient basis as specified in Section 1-119 in the | 7 |
| absence of treatment on an outpatient basis and for whom | 8 |
| treatment on an outpatient basis can only be reasonably | 9 |
| ensured by a court order mandating such treatment; or | 10 |
| (2) A person with a mental illness which, if left | 11 |
| untreated, is reasonably expected to result in an increase | 12 |
| in the symptoms caused by the illness to the point that the | 13 |
| person would meet the criteria for commitment under Section | 14 |
| 1-119, and whose mental illness has, on more than one | 15 |
| occasion in the past, caused that person to refuse needed | 16 |
| and appropriate mental health services in the community. | 17 |
| (405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) | 18 |
| Sec. 3-600. A person 18 years of age or older who is | 19 |
| subject to involuntary
admission on an inpatient basis and in | 20 |
| need of immediate hospitalization may be admitted to a
mental | 21 |
| health facility pursuant to this Article. | 22 |
| (Source: P.A. 80-1414.) | 23 |
| (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601) |
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| Sec. 3-601. Involuntary admission; petition. | 2 |
| (a) When a person is asserted to be subject to involuntary
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| admission on an inpatient basis and in such a condition that | 4 |
| immediate hospitalization is necessary
for the protection of | 5 |
| such person or others from physical harm, any person
18 years | 6 |
| of age or older may present a petition to the facility director
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| of a mental health facility in the county where the respondent | 8 |
| resides or is
present. The petition may be prepared by the | 9 |
| facility director of the
facility. | 10 |
| (b) The petition shall include all of the following: | 11 |
| 1. A detailed statement of the reason for the assertion | 12 |
| that the
respondent is subject to involuntary admission on | 13 |
| an inpatient basis , including the signs and
symptoms of a | 14 |
| mental illness and a description of any acts, threats, or | 15 |
| other
behavior or pattern of behavior supporting the | 16 |
| assertion and the
time and place of their occurrence. | 17 |
| 2. The name and address of the spouse, parent, | 18 |
| guardian, substitute
decision maker, if any, and close | 19 |
| relative, or if none, the name and address
of any known | 20 |
| friend of the respondent whom the petitioner has reason to | 21 |
| believe
may know or have any of the other names and | 22 |
| addresses. If the petitioner is
unable to supply any such | 23 |
| names and addresses, the petitioner shall state that
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| diligent inquiry was made to learn this information and | 25 |
| specify
the steps taken. | 26 |
| 3. The petitioner's relationship to the respondent and |
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| a statement as
to whether the petitioner has legal or | 2 |
| financial interest in the matter or
is involved in | 3 |
| litigation with the respondent. If the petitioner has a | 4 |
| legal
or financial interest in the matter or is involved in | 5 |
| litigation with the
respondent, a statement of why the | 6 |
| petitioner believes it would not be
practicable or possible | 7 |
| for someone else to be the petitioner. | 8 |
| 4. The names, addresses and phone numbers of the | 9 |
| witnesses by which the
facts asserted may be proved. | 10 |
| (c) Knowingly making a material false statement in the | 11 |
| petition is a Class
A misdemeanor. | 12 |
| (Source: P.A. 91-726, eff. 6-2-00; 92-651, eff. 7-11-02.)
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| (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
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| Sec. 3-602.
The petition shall be accompanied by a | 15 |
| certificate executed
by a physician, qualified examiner, | 16 |
| psychiatrist, or clinical psychologist which states
that the | 17 |
| respondent is subject to involuntary admission on an inpatient | 18 |
| basis and requires immediate
hospitalization. The certificate | 19 |
| shall indicate that the physician, qualified
examiner, | 20 |
| psychiatrist, or clinical psychologist personally examined the | 21 |
| respondent not
more than 72 hours prior to admission. It shall | 22 |
| also contain the physician's,
qualified examiner's, | 23 |
| psychiatrist's, or clinical psychologist's clinical | 24 |
| observations,
other factual information relied upon in | 25 |
| reaching a diagnosis, and a statement
as to whether the |
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| respondent was advised of his rights under Section 3-208.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
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| Sec. 3-603.
(a) If no physician, qualified examiner, | 5 |
| psychiatrist, or clinical
psychologist
is immediately | 6 |
| available or it is not possible after a diligent effort to
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| obtain the certificate provided for in Section 3-602, the | 8 |
| respondent may
be detained for examination in a mental health | 9 |
| facility upon presentation
of the petition alone pending the | 10 |
| obtaining of such a certificate.
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| (b) In such instance the petition shall conform to the | 12 |
| requirements of
Section 3-601 and further specify that:
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| 1. the petitioner believes, as a result of his personal | 14 |
| observation, that
the respondent is subject to involuntary | 15 |
| admission on an inpatient basis ;
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| 2. a diligent effort was made to obtain a certificate;
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| 3. no physician, qualified examiner, psychiatrist, or | 18 |
| clinical psychologist could be
found who has examined or | 19 |
| could examine the respondent; and
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| 4. a diligent effort has been made to convince the | 21 |
| respondent to appear
voluntarily for examination by a | 22 |
| physician, qualified examiner, psychiatrist, or clinical
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| psychologist, unless the petitioner reasonably believes | 24 |
| that effort would
impose a risk of harm to the respondent | 25 |
| or others.
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| (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16, | 2 |
| eff.
6-28-01.)
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| (405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606) | 4 |
| Sec. 3-606. A peace officer may take a person into custody | 5 |
| and transport
him to a mental health facility when
the peace | 6 |
| officer has reasonable grounds to believe that the person is
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| subject to involuntary admission on an inpatient basis and in | 8 |
| need of immediate hospitalization
to protect such person or | 9 |
| others from physical harm. Upon arrival at the
facility, the | 10 |
| peace officer may
complete the petition under Section 3-601. If | 11 |
| the petition is not completed by the peace officer transporting | 12 |
| the person, the transporting officer's name, badge number, and | 13 |
| employer shall be included in the petition as a potential | 14 |
| witness as provided in Section 3-601 of this Chapter.
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| (Source: P.A. 94-202, eff. 7-12-05.)
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| (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
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| Sec. 3-607. Court ordered temporary detention and | 18 |
| examination. When, as
a result of personal observation and | 19 |
| testimony in open court, any court has
reasonable grounds to | 20 |
| believe that a person appearing before it is subject to
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| involuntary admission on an inpatient basis and in need of | 22 |
| immediate hospitalization to protect such
person or others from | 23 |
| physical harm, the court may enter an order for the
temporary | 24 |
| detention and examination of such person. The
order
shall set |
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| forth in detail the facts which are the basis for its | 2 |
| conclusion.
The court may order a peace officer to take the | 3 |
| person into custody and
transport him to a mental health | 4 |
| facility. The person may be detained for
examination for no | 5 |
| more than 24 hours to determine whether or not she or he is | 6 |
| subject to involuntary admission and in need of immediate | 7 |
| hospitalization . If a petition and certificate , as
provided in | 8 |
| this Article, are executed within the 24 hours, the person may | 9 |
| be
admitted provided that the certificate states that the | 10 |
| person is both subject to involuntary admission and in need of | 11 |
| immediate hospitalization. If the certificate states that the | 12 |
| person is subject to involuntary admission but not in need of | 13 |
| immediate hospitalization, the person may remain in his or her | 14 |
| place of residence pending a hearing on the petition unless he | 15 |
| or she voluntarily agrees to inpatient treatment. The and the | 16 |
| provisions of this Article shall apply to all petitions and | 17 |
| certificates executed pursuant to this Section . If no petition | 18 |
| or
certificate is executed, the person shall be released.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
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| Sec. 3-610.
As soon as possible but not later than 24 | 22 |
| hours, excluding
Saturdays, Sundays and holidays, after | 23 |
| admission of a respondent pursuant
to this Article, the | 24 |
| respondent shall be examined by a psychiatrist. The
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| psychiatrist may be a member of the staff of the facility but |
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| shall not
be the person who executed the first certificate. If | 2 |
| a certificate has already been completed by a psychiatrist | 3 |
| following the respondent's admission, the respondent shall be | 4 |
| examined by another psychiatrist or by a physician, clinical | 5 |
| psychologist, or qualified examiner. If, as a result of this | 6 |
| second examination, a certificate is executed, the certificate | 7 |
| shall be promptly filed with the court. If the certificate | 8 |
| states that the respondent is subject to involuntary admission | 9 |
| but not in need of immediate hospitalization, the respondent | 10 |
| may remain in his or her place of residence pending a hearing | 11 |
| on the petition unless he or she voluntarily agrees to | 12 |
| inpatient treatment. If the respondent is
not examined or if | 13 |
| the psychiatrist , physician, clinical psychologist, or | 14 |
| qualified examiner does not execute a certificate pursuant
to | 15 |
| Section 3-602, the respondent shall be released forthwith.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/Ch. III Art. VII heading) | 18 |
| ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER
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| (405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)
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| Sec. 3-700.
A person 18 years of age or older who is | 21 |
| subject to involuntary
admission on an inpatient basis may be | 22 |
| admitted to an inpatient a mental health facility upon court | 23 |
| order pursuant
to this Article.
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| (Source: P.A. 80-1414.)
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| (405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701) | 2 |
| Sec. 3-701. (a) Any person 18 years of age or older may | 3 |
| execute a petition
asserting that another person is subject to | 4 |
| involuntary admission on an inpatient basis . The
petition shall | 5 |
| be prepared pursuant to paragraph (b) of Section 3-601 and
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| shall be filed with the court in the county where the | 7 |
| respondent resides or is
present. | 8 |
| (b) The court may inquire of the petitioner whether there | 9 |
| are reasonable
grounds to believe that the facts stated in the | 10 |
| petition are true and whether
the respondent is subject to | 11 |
| involuntary admission. The inquiry may proceed
without notice | 12 |
| to the respondent only if the petitioner alleges facts
showing
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| that an emergency exists such that immediate hospitalization is | 14 |
| necessary and
the petitioner testifies before the court as to | 15 |
| the factual basis for the
allegations. | 16 |
| (c) A petition for involuntary admission on an inpatient | 17 |
| basis may be combined with or accompanied by a petition for | 18 |
| involuntary admission on an outpatient basis under Article | 19 |
| VII-A. | 20 |
| (Source: P.A. 91-837, eff. 6-16-00.)
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| (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
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| Sec. 3-702.
(a) The petition may be accompanied by the | 23 |
| certificate
of a physician, qualified examiner, psychiatrist, | 24 |
| or clinical psychologist which certifies
that the respondent is |
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| subject to involuntary admission on an inpatient basis and | 2 |
| which contains
the other information specified in Section | 3 |
| 3-602.
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| (b) Upon receipt of the petition either with or without a | 5 |
| certificate,
if the court finds the documents are in order, it | 6 |
| may make such orders pursuant
to Section 3-703 as are necessary | 7 |
| to provide for examination of the respondent.
If the petition | 8 |
| is not accompanied by 2 certificates executed pursuant to
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| Section 3-703, the court may order the respondent to present | 10 |
| himself for
examination at a time and place designated by the | 11 |
| court.
If the petition is accompanied by 2 certificates | 12 |
| executed pursuant to Section
3-703 and the court finds the | 13 |
| documents are in order, it shall set the matter
for hearing.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
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| Sec. 3-703.
If no certificate was filed, the respondent | 17 |
| shall be examined
separately by a physician, or clinical | 18 |
| psychologist, or qualified examiner
and by a psychiatrist. If a | 19 |
| certificate executed by a psychiatrist was
filed, the | 20 |
| respondent shall be examined by a physician, clinical | 21 |
| psychologist,
qualified examiner, or psychiatrist. If a | 22 |
| certificate executed by a qualified
examiner, clinical | 23 |
| psychologist, or a physician who is not a psychiatrist
was | 24 |
| filed, the respondent shall be examined by a psychiatrist. The
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| examining physician, clinical psychologist, qualified examiner |
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| or
psychiatrist may interview by telephone or in person any | 2 |
| witnesses or other
persons listed in the petition for | 3 |
| involuntary admission. If, as a
result of an examination, a | 4 |
| certificate is executed, the certificate shall
be promptly | 5 |
| filed with the court. If a certificate is executed, the
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| examining physician, clinical psychologist, qualified examiner | 7 |
| or
psychiatrist may also submit for filing with the court a | 8 |
| report in which
his findings are described in detail, and may | 9 |
| rely upon such findings for
his opinion that the respondent is | 10 |
| subject to involuntary admission on an inpatient basis .
Copies | 11 |
| of the certificates shall be made available to the attorneys | 12 |
| for the
parties upon request prior to the hearing. A | 13 |
| certificate prepared in compliance with this Article shall | 14 |
| state whether or not the respondent is in need of immediate | 15 |
| hospitalization. However, if both the certificates state that | 16 |
| the respondent is not in need of immediate hospitalization, the | 17 |
| respondent may remain in his or her place of residence pending | 18 |
| a hearing on the petition unless he or she voluntarily agrees | 19 |
| to inpatient treatment.
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| (Source: P.A. 85-558.)
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| (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704) | 22 |
| Sec. 3-704. Examination; detention. | 23 |
| (a) The respondent shall be permitted to remain in his or | 24 |
| her place of
residence
pending any examination. The respondent | 25 |
| may be accompanied by one
or more of his or her relatives
or |
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| friends or by his or her attorney to the place of examination. | 2 |
| If,
however, the
court finds that it is necessary in order to | 3 |
| complete the examination the court
may order that the person be | 4 |
| admitted to a mental health facility pending
examination and | 5 |
| may order a peace officer or other person to transport the
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| person
there. The examination shall be conducted at a local | 7 |
| mental health facility
or hospital or, if possible, in the | 8 |
| respondent's own place of residence.
No person may be detained | 9 |
| for examination under this Section for more than 24
hours. The | 10 |
| person shall be released upon completion of the examination | 11 |
| unless
the physician, qualified examiner or clinical | 12 |
| psychologist executes a
certificate stating that the person is | 13 |
| subject to involuntary admission on an inpatient basis and in
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| need of immediate hospitalization to protect such person or | 15 |
| others from
physical harm. Upon admission under this Section | 16 |
| treatment may be given
pursuant to Section 3-608. | 17 |
| (a-5) Whenever a respondent has been transported to a | 18 |
| mental health
facility for an examination, the admitting | 19 |
| facility shall inquire, upon the
respondent's arrival, whether | 20 |
| the respondent wishes any person or persons to be
notified of | 21 |
| his or her detention at that facility. If the respondent does
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| wish to have any person or persons notified of his or her | 23 |
| detention at the
facility, the facility must promptly make all | 24 |
| reasonable attempts to locate
the individual identified by the | 25 |
| respondent, or
at least 2 individuals identified by the | 26 |
| respondent
if more than one has been identified,
and notify |
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| them
of the respondent's detention at the facility for a | 2 |
| mandatory examination
pursuant to court order. | 3 |
| (b) Not later than 24 hours, excluding Saturdays, Sundays, | 4 |
| and holidays,
after admission under this Section, the | 5 |
| respondent shall be asked if he
desires the petition and the | 6 |
| notice required under Section 3-206 sent to
any other persons | 7 |
| and at least 2 such persons designated by the respondent
shall | 8 |
| be sent the documents. At the time of his admission the | 9 |
| respondent
shall be allowed to complete not fewer than 2 | 10 |
| telephone calls to such persons
as he chooses. | 11 |
| (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16, | 12 |
| eff.
6-28-01.) | 13 |
| (405 ILCS 5/Ch. III Art. VII-A heading new) | 14 |
| ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER | 15 |
| (405 ILCS 5/3-750 new) | 16 |
| Sec. 3-750. Involuntary admission on an outpatient basis. A | 17 |
| person 18 years of age or older who is subject to involuntary | 18 |
| admission on an outpatient basis may receive alternative | 19 |
| treatment in the community or may be placed in the care and | 20 |
| custody of a relative or other person upon court order pursuant | 21 |
| to this Article. | 22 |
| (405 ILCS 5/3-751 new) | 23 |
| Sec. 3-751. Involuntary admission; petition. |
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| (a) Any person 18 years of age or older may execute a | 2 |
| petition asserting that another person is subject to | 3 |
| involuntary admission on an outpatient basis. The petition | 4 |
| shall be prepared pursuant to paragraph (b) of Section 3-601 | 5 |
| and shall be filed with the court in the county where the | 6 |
| respondent resides or is present. | 7 |
| (b) The court may inquire of the petitioner whether there | 8 |
| are reasonable grounds to believe that the facts stated in the | 9 |
| petition are true and whether the respondent is subject to | 10 |
| involuntary admission on an outpatient basis. | 11 |
| (c) A petition for involuntary admission on an outpatient | 12 |
| basis may be combined with or accompanied by a petition for | 13 |
| involuntary admission on an inpatient basis under Article VII. | 14 |
| (405 ILCS 5/3-752 new) | 15 |
| Sec. 3-752. Certificate. | 16 |
| (a) The petition may be accompanied by the certificate of a | 17 |
| physician, qualified examiner, psychiatrist, or clinical | 18 |
| psychologist which certifies that the respondent is subject to | 19 |
| involuntary admission on an outpatient basis. The certificate | 20 |
| shall indicate that the physician, qualified examiner, or | 21 |
| clinical psychologist personally examined the respondent not | 22 |
| more than 72 hours prior to the completion of the certificate. | 23 |
| It shall also contain the physician's, qualified examiner's, or | 24 |
| clinical psychologist's clinical observations, other factual | 25 |
| information relied upon in reaching a diagnosis, and a |
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| statement as to whether the respondent was advised of his or | 2 |
| her rights under Section 3-208. | 3 |
| (b) Upon receipt of the petition either with or without a | 4 |
| certificate, if the court finds the
documents are in order, it | 5 |
| may make such orders pursuant to Section 3-753 as are necessary | 6 |
| to
provide for examination of the respondent. If the petition | 7 |
| is not accompanied by 2 certificates
executed pursuant to | 8 |
| Section 3-753, the court may order the respondent to present | 9 |
| himself or herself for
examination at a time and place | 10 |
| designated by the court. If the petition is accompanied by 2
| 11 |
| certificates executed pursuant to Section 3-753 and the court | 12 |
| finds the documents are in order, the court
shall set the | 13 |
| matter for hearing. | 14 |
| (405 ILCS 5/3-753 new) | 15 |
| Sec. 3-753. Examination. If no certificate was filed, the | 16 |
| respondent shall be examined separately by a physician, or | 17 |
| clinical
psychologist or qualified examiner and by a | 18 |
| psychiatrist. If a certificate executed by a
psychiatrist was | 19 |
| filed, the respondent shall be examined by a physician, | 20 |
| clinical psychologist,
qualified examiner, or psychiatrist. If | 21 |
| a certificate executed by a qualified examiner, clinical
| 22 |
| psychologist, or a physician who is not a psychiatrist was | 23 |
| filed, the respondent shall be examined
by a psychiatrist. The | 24 |
| examining physician, clinical psychologist, qualified examiner | 25 |
| or
psychiatrist may interview by telephone or in person any |
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| witnesses or other persons listed in the
petition for | 2 |
| involuntary admission. If, as a result of an examination, a | 3 |
| certificate is executed, the
certificate shall be promptly | 4 |
| filed with the court. If a certificate is executed, the | 5 |
| examining
physician, clinical psychologist, qualified examiner | 6 |
| or psychiatrist may also submit for filing
with the court a | 7 |
| report in which his or her findings are described in detail, | 8 |
| and may rely upon such
findings for his opinion that the | 9 |
| respondent is subject to involuntary admission. Copies of the
| 10 |
| certificates shall be made available to the attorneys for the | 11 |
| parties upon request prior to the
hearing. | 12 |
| (405 ILCS 5/3-754 new) | 13 |
| Sec. 3-754. Detention. | 14 |
| (a) The respondent shall be permitted to remain in his or | 15 |
| her place of residence pending
any examination. The respondent | 16 |
| may be accompanied by one or more of his or her relatives or
| 17 |
| friends or by his or her attorney to the place of examination. | 18 |
| If, however, the respondent refuses
to cooperate with an | 19 |
| examination on an outpatient basis, the court may order that | 20 |
| the person be
admitted to a mental health facility solely for | 21 |
| the purpose of such examination and may order a
peace officer | 22 |
| or other person to transport the person there. The examination | 23 |
| shall be conducted at
a local mental health facility or | 24 |
| hospital or, if possible, in the respondent's own place of
| 25 |
| residence. No person may be detained for examination under this |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| Section for more than 24 hours.
The person shall be released | 2 |
| upon completion of the examination unless the physician, | 3 |
| qualified
examiner or clinical psychologist executes a | 4 |
| certificate stating that the person is subject to
involuntary | 5 |
| admission on an inpatient basis and in need of immediate | 6 |
| hospitalization to protect
such person or others from physical | 7 |
| harm and a petition is filed pursuant to Section 3-701. Upon
| 8 |
| admission under this Section, treatment may be given pursuant | 9 |
| to Section 3-608. If the respondent
is admitted on an inpatient | 10 |
| basis, the facility shall proceed pursuant to Article VII. | 11 |
| (b) Whenever a respondent has been transported to a mental | 12 |
| health facility for an
examination, the admitting facility | 13 |
| shall inquire, upon the respondent's arrival, whether the
| 14 |
| respondent wishes any person or persons to be notified of his | 15 |
| or her detention at that facility. If
the respondent does wish | 16 |
| to have any person or persons notified of his or her detention | 17 |
| at the
facility, the facility must promptly make all reasonable | 18 |
| attempts to locate the individual identified
by the respondent, | 19 |
| or at least 2 individuals identified by the respondent if more | 20 |
| than one has been
identified, and notify them of the | 21 |
| respondent's detention at the facility for a mandatory
| 22 |
| examination pursuant to court order. | 23 |
| (405 ILCS 5/3-755 new) | 24 |
| Sec. 3-755. Notice. At least 36 hours before the time of | 25 |
| the examination fixed by the court, a copy of the
petition, the |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| order for examination, and a statement of rights as provided in | 2 |
| Section 3-205 shall
be personally delivered to the person and | 3 |
| shall be given personally or sent by mail to his or her | 4 |
| attorney
and guardian, if any. If the respondent is admitted to | 5 |
| a mental health facility for examination
under Section 3-754, | 6 |
| such notices may be delivered at the time of service of the | 7 |
| order for
admission. | 8 |
| (405 ILCS 5/3-756 new) | 9 |
| Sec. 3-756. Court hearing. The court shall set a hearing to | 10 |
| be held within 15 days, excluding Saturdays, Sundays, and
| 11 |
| holidays, after its receipt of the second certificate. The | 12 |
| court shall direct that notice of the time
and place of hearing | 13 |
| be served upon the respondent, his or her attorney, and | 14 |
| guardian, if any, and his
or her responsible relatives. The | 15 |
| respondent may remain at his residence pending the hearing. If,
| 16 |
| however, the court finds it necessary, it may order a peace | 17 |
| officer or another person to have the
respondent before the | 18 |
| court at the time and place set for hearing. | 19 |
| (405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801) | 20 |
| Sec. 3-801. A respondent may request admission as an | 21 |
| informal or voluntary
recipient at any time prior to an | 22 |
| adjudication that he is subject to
involuntary admission on an | 23 |
| inpatient or outpatient basis .
The facility director shall | 24 |
| approve such a request unless the facility
director
determines
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| that the respondent lacks the capacity to consent to informal | 2 |
| or voluntary
admission or
that informal or voluntary admission | 3 |
| is clinically inappropriate. The director
shall not
find that | 4 |
| voluntary admission is clinically inappropriate in the absence | 5 |
| of a
documented
history of the respondent's illness and | 6 |
| treatment demonstrating that the
respondent is
unlikely to | 7 |
| continue to receive needed treatment following release from
| 8 |
| informal or
voluntary admission and that an order for | 9 |
| involuntary admission on an outpatient basis alternative | 10 |
| treatment or for care and
custody is
necessary in order to | 11 |
| ensure continuity of
treatment outside a mental health | 12 |
| facility.
| 13 |
| If the facility director approves such a request, the
| 14 |
| petitioner shall be notified of the request and of his or her | 15 |
| right to object thereto, if the petitioner has requested such | 16 |
| notification on that individual recipient. The court may | 17 |
| dismiss the pending proceedings, but shall consider any | 18 |
| objection made by either the petitioner or the State's Attorney | 19 |
| and may require proof that such
dismissal is in the best | 20 |
| interest of the respondent and of the public.
If voluntary | 21 |
| admission is accepted and the petition is dismissed by the | 22 |
| court, notice shall be provided to the petitioner, orally and | 23 |
| in writing, of his or her right to receive notice of the | 24 |
| recipient's discharge pursuant to Section 3-902(d). | 25 |
| (Source: P.A. 96-570, eff. 1-1-10.) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (405 ILCS 5/3-801.5) | 2 |
| Sec. 3-801.5. Agreed order for admission on an outpatient | 3 |
| basis alternative treatment or care and custody . | 4 |
| (a) At any time before the conclusion of the hearing and | 5 |
| the entry of the
court's
findings, a respondent may enter into | 6 |
| an agreement to be subject to an order
for
admission on an | 7 |
| outpatient basis alternative treatment or care and custody as | 8 |
| provided for in Sections 3-811,
3-812, 3-813,
and 3-815 of this | 9 |
| Code, provided that: | 10 |
| (1) The court and the parties have been presented with | 11 |
| a written report
pursuant to Section 3-810 of this Code | 12 |
| containing a recommendation for
court-ordered admission on | 13 |
| an outpatient basis alternative treatment or care and | 14 |
| custody and setting forth in detail the
conditions
for such | 15 |
| an order, and the court is satisfied that the proposal for | 16 |
| admission on an outpatient basis alternative
treatment or | 17 |
| care and custody is in the best interest of the respondent | 18 |
| and of
the
public. | 19 |
| (2) The court advises the respondent of the conditions | 20 |
| of the proposed
order in open court and is satisfied that | 21 |
| the respondent understands and agrees
to
the conditions of | 22 |
| the proposed order for admission on an outpatient basis | 23 |
| alternative treatment or care and
custody . | 24 |
| (3) The proposed custodian is advised of the | 25 |
| recommendation for care and
custody and agrees to abide by | 26 |
| the terms of the proposed order. |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (4) No such order may require the respondent to be | 2 |
| hospitalized except as
provided in subsection (b) of this | 3 |
| Section. | 4 |
| (5) No order may include as one of its conditions the | 5 |
| administration of
psychotropic medication, unless the | 6 |
| court determines, based on the documented
history of the | 7 |
| respondent's treatment and illness, that the respondent is
| 8 |
| unlikely to
continue to receive needed psychotropic | 9 |
| medication in the absence of such an
order. | 10 |
| (b) An agreed order of care and custody entered pursuant to | 11 |
| this Section may
grant the custodian the authority to admit a | 12 |
| respondent to a hospital if the
respondent fails
to comply with | 13 |
| the conditions of the agreed order. If necessary in order to
| 14 |
| obtain the
hospitalization of the respondent, the custodian may | 15 |
| apply to the court for an
order
authorizing an officer of the | 16 |
| peace to take the respondent into custody and
transport the
| 17 |
| respondent to the hospital specified in the agreed order. The | 18 |
| provisions of
Section 3-605
of this Code shall govern the | 19 |
| transportation of the respondent to a mental
health facility,
| 20 |
| except to the extent that those provisions are inconsistent | 21 |
| with this Section.
However, a
person admitted to a hospital | 22 |
| pursuant to powers granted under an agreed order
for care
and | 23 |
| custody shall be treated as a voluntary recipient pursuant to | 24 |
| Article IV of
this Chapter
and shall be advised immediately of | 25 |
| his or her right to request a discharge
pursuant to
Section | 26 |
| 3-403 of this Code. |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (c) If the court has appointed counsel for the respondent | 2 |
| pursuant to
Section 3-805
of this Code, that appointment shall | 3 |
| continue for the duration of any order
entered under
this | 4 |
| Section, and the respondent shall be represented by counsel in | 5 |
| any
proceeding held
pursuant to this Section. | 6 |
| (d) An order entered under this Section shall not | 7 |
| constitute a finding that
the
respondent is subject to | 8 |
| involuntary admission on an inpatient or outpatient basis . | 9 |
| (e) Nothing in this Section shall be deemed to create an | 10 |
| agency relationship
between the respondent and any custodian | 11 |
| appointed pursuant to this Section. | 12 |
| (f) Notwithstanding any other provision of Illinois law, no | 13 |
| respondent may
be
cited for contempt for violating the terms | 14 |
| and conditions of his or her agreed
order of care
and custody.
| 15 |
| (Source: P.A. 94-521, eff. 1-1-06.) | 16 |
| (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802) | 17 |
| Sec. 3-802. The respondent is entitled to a jury on the | 18 |
| question of
whether he is subject to involuntary admission on | 19 |
| an inpatient or outpatient basis . The jury shall consist
of 6 | 20 |
| persons to be chosen in the same manner as are jurors in other | 21 |
| civil
proceedings.
A respondent is not entitled to a jury on | 22 |
| the question of whether psychotropic medication or | 23 |
| electroconvulsive therapy may be administered under Section | 24 |
| 2-107.1. | 25 |
| (Source: P.A. 95-172, eff. 8-14-07.) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805) | 2 |
| Sec. 3-805. Every respondent alleged to be subject to | 3 |
| involuntary
admission on an inpatient or outpatient basis shall | 4 |
| be represented by counsel. If the respondent is indigent
or an | 5 |
| appearance has not been entered on his behalf at the time the | 6 |
| matter
is set for hearing, the court shall appoint counsel for | 7 |
| him. A hearing
shall not proceed when a respondent is not | 8 |
| represented by counsel unless,
after conferring with counsel, | 9 |
| the respondent requests to represent himself
and the court is | 10 |
| satisfied that the respondent has the capacity to make
an | 11 |
| informed waiver of his right to counsel. Counsel shall be | 12 |
| allowed time
for adequate preparation and shall not be | 13 |
| prevented from conferring with
the respondent at reasonable | 14 |
| times nor from making an investigation of the
matters in issue | 15 |
| and presenting such relevant evidence as he believes is | 16 |
| necessary. | 17 |
| 1. If the court determines that the respondent is unable to | 18 |
| obtain counsel,
the court shall appoint as counsel an attorney | 19 |
| employed by or under contract
with the Guardianship and Mental | 20 |
| Health Advocacy Commission, if available. | 21 |
| 2. If an attorney from the Guardianship and Mental Health | 22 |
| Advocacy Commission
is not available, the court shall appoint | 23 |
| as counsel the public defender
or, only if no public defender | 24 |
| is available, an attorney licensed to practice
law in this | 25 |
| State. |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| 3. Upon filing with the court of a verified statement of | 2 |
| legal services
rendered by the private attorney appointed | 3 |
| pursuant to paragraph (2) of
this Section, the court shall | 4 |
| determine a reasonable fee for such services.
If the respondent | 5 |
| is unable to pay the fee, the court shall enter an order
upon | 6 |
| the county to pay the entire fee or such amount as the | 7 |
| respondent is unable to pay. | 8 |
| (Source: P.A. 80-1414.) | 9 |
| (405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807) | 10 |
| Sec. 3-807. No respondent may be found subject to | 11 |
| involuntary admission
on an inpatient or outpatient basis | 12 |
| unless at least one psychiatrist, clinical social worker, or | 13 |
| clinical
psychologist who has examined him testifies in person | 14 |
| at the hearing. The
respondent may waive the requirement of the | 15 |
| testimony subject to the
approval of the court. | 16 |
| (Source: P.A. 87-530.) | 17 |
| (405 ILCS 5/3-808) (from Ch. 91 1/2, par. 3-808) | 18 |
| Sec. 3-808. No respondent may be found subject to | 19 |
| involuntary admission
on an inpatient or outpatient basis | 20 |
| unless that finding has been established by clear and | 21 |
| convincing evidence. | 22 |
| (Source: P.A. 80-1414.) | 23 |
| (405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| Sec. 3-809. If the respondent is not found subject to | 2 |
| involuntary admission on an inpatient or outpatient basis ,
the | 3 |
| court shall dismiss the petition and order the respondent | 4 |
| discharged.
If the respondent is found subject to involuntary | 5 |
| admission on an inpatient or outpatient basis , the court shall
| 6 |
| enter an order so specifying. If the court is not satisfied | 7 |
| with the verdict
of the jury finding the respondent subject to | 8 |
| involuntary admission on an inpatient or outpatient basis , it
| 9 |
| may set aside such verdict and order the respondent discharged | 10 |
| or it may
order another hearing. | 11 |
| (Source: P.A. 80-1414.) | 12 |
| (405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810) | 13 |
| Sec. 3-810. Before disposition is determined, the facility | 14 |
| director
or such other person as the court may direct shall | 15 |
| prepare a written report
including information on the | 16 |
| appropriateness and availability of alternative
treatment | 17 |
| settings, a social investigation of the respondent, a | 18 |
| preliminary
treatment plan, and any other information which the | 19 |
| court may order.
The treatment plan shall describe the | 20 |
| respondent's problems and needs, the
treatment goals, the | 21 |
| proposed treatment methods, and a projected timetable for
their | 22 |
| attainment. If the respondent is found subject to involuntary | 23 |
| admission on an inpatient or outpatient basis ,
the court shall | 24 |
| consider the report in determining an appropriate disposition. | 25 |
| (Source: P.A. 91-726, eff. 6-2-00.) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) | 2 |
| Sec. 3-811. Involuntary admission; alternative mental | 3 |
| health facilities. | 4 |
| (a) If any person is found subject to involuntary admission | 5 |
| on an inpatient basis , the court shall
consider alternative | 6 |
| mental health facilities which are appropriate for and
| 7 |
| available to the respondent, including but not limited to | 8 |
| hospitalization. The
court may order the respondent to undergo | 9 |
| a program of hospitalization in a
mental health facility | 10 |
| designated by the Department, in a licensed private hospital or | 11 |
| private
mental health facility if it agrees, or in a facility | 12 |
| of the United
States
Veterans Administration if it agrees . If | 13 |
| any person is found subject to involuntary admission on an | 14 |
| outpatient basis, ; or the court may order the respondent
to | 15 |
| undergo a program of alternative treatment; or the court may | 16 |
| place the
respondent
in the care and custody of a relative or | 17 |
| other person willing and able to
properly care for him or her. | 18 |
| The court shall order the least
restrictive alternative for | 19 |
| treatment which is appropriate. | 20 |
| (b) Whenever a person is found subject to involuntary | 21 |
| admission on an inpatient or outpatient basis , notice shall be | 22 |
| provided to the petitioner, orally and in writing, of his or | 23 |
| her right to receive notice of the recipient's discharge | 24 |
| pursuant to Section 3-902(d). | 25 |
| (Source: P.A. 96-570, eff. 1-1-10.) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) | 2 |
| Sec. 3-812. Court ordered admission on an outpatient basis | 3 |
| alternative treatment ; modification;
revocation. | 4 |
| (a) If a respondent is found subject to involuntary | 5 |
| admission on an outpatient basis, the court may issue an order: | 6 |
| (i) placing the respondent in the care and custody of a | 7 |
| relative or other
person willing and able to properly care for | 8 |
| him or her; or (ii) committing the respondent to alternative
| 9 |
| treatment at a community mental health provider. | 10 |
| (b) An order placing the respondent in the care and custody | 11 |
| of a relative or other person shall
specify the powers and | 12 |
| duties of the custodian. An order of care and custody entered | 13 |
| pursuant to
this Section may grant the custodian the authority | 14 |
| to admit a respondent to a hospital if the
respondent fails to | 15 |
| comply with the conditions of the order. If necessary in order | 16 |
| to obtain the
hospitalization of the respondent, the custodian | 17 |
| may apply to the court for an order authorizing an
officer of | 18 |
| the peace to take the respondent into custody and transport the | 19 |
| respondent to the
hospital specified in the agreed order. The | 20 |
| provisions of Section 3-605 shall govern
the transportation of | 21 |
| the respondent to a mental health facility, except to the | 22 |
| extent that those
provisions are inconsistent with this | 23 |
| Section. No person admitted to a hospital pursuant to this
| 24 |
| subsection shall be detained for longer than 24 hours, | 25 |
| excluding Saturdays, Sundays, and holidays,
unless, within |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| that period, a petition for involuntary admission on an | 2 |
| inpatient basis and a
certificate supporting such petition have | 3 |
| been filed as provided in Section 3-611. | 4 |
| (c) (a) Alternative treatment shall not be ordered unless | 5 |
| the program being
considered is capable of providing adequate | 6 |
| and humane treatment in the least
restrictive setting which is | 7 |
| appropriate to the respondent's condition. The court shall have | 8 |
| continuing authority to modify an order for
alternative | 9 |
| treatment if the recipient fails to comply with the order or is
| 10 |
| otherwise found unsuitable for alternative treatment. Prior to | 11 |
| modifying
such an order, the court shall receive a report from | 12 |
| the facility director
of the program specifying why the | 13 |
| alternative treatment is unsuitable. The
recipient shall be | 14 |
| notified and given an opportunity to respond when
modification | 15 |
| of the order for alternative treatment is considered. If the | 16 |
| court determines that the
respondent has violated the order for | 17 |
| alternative treatment in the community or that alternative
| 18 |
| treatment in the community will no longer provide adequate | 19 |
| assurances for the safety of the
respondent or others, the | 20 |
| court may revoke the order for alternative treatment in the | 21 |
| community
and
may order a peace officer to take the recipient | 22 |
| into custody and transport him to an inpatient
mental health | 23 |
| facility. The provisions of
Section 3-605 shall govern the | 24 |
| transportation of the respondent to a mental health
facility, | 25 |
| except to the extent that those provisions are inconsistent | 26 |
| with this Section. No person
admitted to a hospital pursuant to |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| this subsection shall be detained for longer than 24 hours,
| 2 |
| excluding Saturdays, Sundays, and holidays, unless, within | 3 |
| that period, a petition for involuntary
admission on an | 4 |
| inpatient basis and a certificate supporting such petition have | 5 |
| been filed as
provided in Section 3-611. | 6 |
| (b) If the court revokes an order for alternative treatment | 7 |
| and orders
a recipient hospitalized, it may order a peace | 8 |
| officer to take the recipient
into custody and transport him to | 9 |
| the facility. The court may order the
recipient to undergo a | 10 |
| program of hospitalization at a licensed private
hospital or | 11 |
| private mental health facility, or a facility of the United
| 12 |
| States Veterans Administration, if such private or Veterans | 13 |
| Administration
facility agrees to such placement, or at a | 14 |
| mental health facility designated
by the Department. | 15 |
| (Source: P.A. 91-726, eff. 6-2-00.) | 16 |
| (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) | 17 |
| Sec. 3-813. (a) An initial order for commitment on an | 18 |
| inpatient basis hospitalization shall be for a
period not to | 19 |
| exceed 90 days. Prior to the expiration of the
initial order
if | 20 |
| the facility director believes that the recipient continues to | 21 |
| be
subject to involuntary admission on an inpatient or | 22 |
| outpatient basis , a new petition and 2 new certificates may
be | 23 |
| filed with the court. If a petition is filed, the facility | 24 |
| director
shall file with the court a current treatment plan | 25 |
| which includes an
evaluation of the recipient's progress and |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| the extent to which he is
benefiting from treatment. If no | 2 |
| petition is filed prior to the expiration
of the initial order, | 3 |
| the recipient shall be discharged. Following a hearing,
the | 4 |
| court may order a second period of commitment on an inpatient | 5 |
| basis hospitalization not to exceed 90
days only if it finds | 6 |
| that the recipient continues to be subject to
involuntary | 7 |
| admission on an inpatient basis . If, following a hearing, the | 8 |
| court determines that
the respondent is subject to involuntary | 9 |
| admission on an outpatient basis as provided in Section
3-812, | 10 |
| the court may order the respondent committed on an outpatient | 11 |
| basis for a
period not to exceed 180 days. | 12 |
| (a-1) An initial order of commitment on an outpatient basis | 13 |
| shall be for a period not to
exceed 180 days. Prior to the | 14 |
| expiration of the initial order, if the facility director or | 15 |
| the custodian
believes that the recipient continues to be | 16 |
| subject to involuntary admission on an outpatient basis,
a new | 17 |
| petition and 2 new certificates may be filed with the court. If | 18 |
| a petition is filed, the facility
director or the custodian | 19 |
| shall file with the court a current treatment plan which | 20 |
| includes an
evaluation of the recipient's progress and the | 21 |
| extent to which he or she is benefiting from treatment. If
no | 22 |
| petition is filed prior to the expiration of the initial order, | 23 |
| the recipient shall be discharged.
Following a hearing, the | 24 |
| court may order a second period of commitment on an outpatient | 25 |
| basis
not to exceed 180 days only if it finds that the | 26 |
| recipient continues to be subject to involuntary
admission on |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| an outpatient basis. | 2 |
| (b) Additional 180 day periods of inpatient or outpatient | 3 |
| commitment treatment may be sought pursuant to
the procedures | 4 |
| set out in this Section for so long as the recipient continues
| 5 |
| to meet the standard for such commitment be subject to | 6 |
| involuntary admission . The provisions of this chapter which
| 7 |
| apply whenever an initial order is sought shall apply whenever | 8 |
| an
additional period of inpatient or outpatient commitment | 9 |
| treatment is sought. | 10 |
| (Source: P.A. 91-787, eff. 1-1-01.) | 11 |
| (405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900) | 12 |
| Sec. 3-900. (a) Any person committed on an inpatient or | 13 |
| outpatient basis hospitalized or admitted to alternative | 14 |
| treatment
or care and custody as having mental illness on court | 15 |
| order under this Chapter
or under any prior statute or any | 16 |
| person on his behalf may file a petition for
discharge at any | 17 |
| time in the court of the county where the recipient resides or
| 18 |
| is found. | 19 |
| (b) The petition shall set forth: (1) the name of the | 20 |
| recipient; (2) the
underlying circumstances and date of the | 21 |
| order; (3) a request for discharge
from the order; and (4) the | 22 |
| reasons for such request. | 23 |
| (Source: P.A. 88-380.) | 24 |
| (405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901) |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| Sec. 3-901. (a) Upon the filing of a petition under Section | 2 |
| 3-900 or
Section 3-906, the court shall set the matter for | 3 |
| hearing to be held within
5 days, excluding Saturdays, Sundays, | 4 |
| and holidays. The court shall direct
that notice of the time | 5 |
| and place of the hearing be given to the recipient,
his | 6 |
| attorney, his guardian, the facility director, the person | 7 |
| having care
and custody of the recipient, and to at least 2 | 8 |
| persons whom the recipient may
designate. | 9 |
| (b) Article VIII of this Chapter applies to hearings held | 10 |
| under this
Section. The court shall
determine whether the | 11 |
| recipient is: (i) subject to involuntary admission on an | 12 |
| inpatient basis; (ii)
subject to involuntary admission on an | 13 |
| outpatient basis; or (iii) not subject to involuntary
admission | 14 |
| on either an inpatient or outpatient basis. If the court finds | 15 |
| that the recipient is not subject to involuntary
admission on | 16 |
| an inpatient or outpatient basis , the court shall enter an | 17 |
| order so finding and discharging the
recipient. If the court | 18 |
| orders the discharge of a recipient who was
adjudicated as | 19 |
| having mental illness pursuant to any prior statute of this
| 20 |
| State or who was otherwise adjudicated to be under legal | 21 |
| disability, the court
shall also enter an order restoring the | 22 |
| recipient to legal status without
disability unless the court | 23 |
| finds that the recipient continues to be under
legal | 24 |
| disability. A copy of any order discharging the recipient shall | 25 |
| be given
to the recipient and to the facility director. | 26 |
| (b-1) If the court determines that the recipient is subject |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| to involuntary admission on an
outpatient basis, the court | 2 |
| shall enter an appropriate order pursuant to Section 3-812. | 3 |
| (c) If the court determines that the recipient continues to | 4 |
| be subject to
involuntary admission on an inpatient basis , the | 5 |
| court may continue or modify its original order in
accordance | 6 |
| with this Act. Thereafter, no new petition for discharge may be
| 7 |
| filed without leave of court. | 8 |
| (Source: P.A. 88-380.) | 9 |
| (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902) | 10 |
| Sec. 3-902. Director initiated discharge. | 11 |
| (a) The facility director may at any time discharge an | 12 |
| informal,
voluntary, or minor recipient who is clinically | 13 |
| suitable for discharge. | 14 |
| (b) The facility director shall discharge a recipient | 15 |
| admitted upon court
order under this Chapter or any prior | 16 |
| statute where he is no longer subject
to involuntary admission | 17 |
| on an inpatient basis . If the facility director believes that | 18 |
| continuing
treatment is advisable for such recipient, he shall | 19 |
| inform the recipient of his
right to remain as an informal or | 20 |
| voluntary recipient. If the facility director determines that | 21 |
| the recipient is subject to involuntary admission
on an | 22 |
| outpatient basis, he or she shall petition the court for such a | 23 |
| commitment pursuant to this Chapter. | 24 |
| (c) When a facility director discharges or changes the | 25 |
| status of a recipient
pursuant to this Section he shall |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| promptly notify the clerk of the court
which entered the | 2 |
| original order of the discharge or change in status. Upon
| 3 |
| receipt of such notice, the clerk of the court shall note the | 4 |
| action taken in
the court record. If the person being | 5 |
| discharged is a person under legal
disability, the facility | 6 |
| director shall also submit a certificate regarding his
legal | 7 |
| status without disability pursuant to Section 3-907. | 8 |
| (d) When the facility director determines that discharge is | 9 |
| appropriate
for a recipient pursuant to this Section or Section | 10 |
| 3-403 he or she shall
notify the state's attorney of the county
| 11 |
| in which the recipient resided immediately prior to his | 12 |
| admission to a mental
health facility and the state's attorney | 13 |
| of the county where the last
petition for commitment was filed | 14 |
| at least 48 hours prior to the discharge when
either state's | 15 |
| attorney has requested in writing such notification on that
| 16 |
| individual recipient or when
the facility director regards a | 17 |
| recipient as a continuing threat to the peace
and safety of the | 18 |
| community. Upon receipt of such notice, the state's attorney
| 19 |
| may take any court action or notify such peace officers that he | 20 |
| deems
appropriate. When the facility director determines that | 21 |
| discharge is appropriate for a recipient pursuant to this | 22 |
| Section or Section 3-403, he or she shall notify the person | 23 |
| whose petition pursuant to Section 3-701 resulted in the | 24 |
| current hospitalization of the recipient's discharge at least | 25 |
| 48 hours prior to the discharge, if the petitioner has | 26 |
| requested in writing such notification on that individual |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| recipient. | 2 |
| (e) The facility director may grant a temporary release to | 3 |
| a recipient whose
condition is not considered appropriate for | 4 |
| discharge where such release
is considered to be clinically | 5 |
| appropriate, provided that the release does
not endanger the | 6 |
| public safety. | 7 |
| (Source: P.A. 96-570, eff. 1-1-10.) | 8 |
| (405 ILCS 5/1-104.5 rep.) | 9 |
| (405 ILCS 5/3-704.1 rep.) | 10 |
| (405 ILCS 5/3-815 rep.) | 11 |
| Section 10. The Mental Health and Developmental | 12 |
| Disabilities Code is amended by repealing Sections 1-104.5, | 13 |
| 3-704.1, and 3-815. | 14 |
| Section 15. The Mental Health and Developmental | 15 |
| Disabilities Confidentiality Act is amended by changing | 16 |
| Sections 4, 9.2, and 10 as follows:
| 17 |
| (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
| 18 |
| Sec. 4.
(a) The following persons shall be entitled, upon | 19 |
| request,
to inspect and copy a recipient's record or any part | 20 |
| thereof:
| 21 |
| (1) the parent or guardian of a recipient who is under | 22 |
| 12 years of age;
| 23 |
| (2) the recipient if he is 12 years of age or older;
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (3) the parent or guardian of a recipient who is at | 2 |
| least 12 but under
18 years, if the recipient is informed | 3 |
| and does not object or if the therapist
does not find that | 4 |
| there are compelling reasons for denying the access.
The | 5 |
| parent or guardian who is denied access by either the | 6 |
| recipient or the
therapist may petition a court for access | 7 |
| to the record. Nothing in this
paragraph is intended to | 8 |
| prohibit the parent or guardian of a recipient who is
at | 9 |
| least 12 but under 18 years from requesting and receiving | 10 |
| the following
information: current physical and mental | 11 |
| condition, diagnosis, treatment needs,
services provided, | 12 |
| and services needed, including medication, if any;
| 13 |
| (4) the guardian of a recipient who is 18 years or | 14 |
| older;
| 15 |
| (5) an attorney or guardian ad litem who represents a | 16 |
| minor 12
years of age or older in any judicial or | 17 |
| administrative proceeding,
provided that the court or | 18 |
| administrative hearing officer has entered an
order | 19 |
| granting the attorney this right; or
| 20 |
| (6) an agent appointed under a recipient's power of | 21 |
| attorney for health
care or for property, when the power of | 22 |
| attorney authorizes the access ; .
| 23 |
| (7) an attorney-in-fact appointed under the Mental | 24 |
| Health Treatment Preference Declaration Act; or | 25 |
| (8) any person in whose care and custody the recipient | 26 |
| has been placed pursuant to Section 3-811 of the Mental |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| Health and Developmental Disabilities Code. | 2 |
| (b) Assistance in interpreting the record may be provided | 3 |
| without charge
and shall be provided if the person inspecting | 4 |
| the record is under 18 years
of age. However, access may in no | 5 |
| way be denied or limited if the person
inspecting the record | 6 |
| refuses the assistance. A reasonable fee may be
charged for | 7 |
| duplication of a record. However, when requested to do so in
| 8 |
| writing by any indigent recipient, the custodian of the records | 9 |
| shall
provide at no charge to the recipient, or to the | 10 |
| Guardianship and Advocacy
Commission, the agency designated by | 11 |
| the Governor under Section 1 of the
Protection and Advocacy for | 12 |
| Developmentally Disabled Persons Act or to any
other | 13 |
| not-for-profit agency whose primary purpose is to provide free | 14 |
| legal
services or advocacy for the indigent and who has | 15 |
| received written
authorization from the recipient under | 16 |
| Section 5 of this Act to receive his
records, one copy of any | 17 |
| records in its possession whose disclosure is
authorized under | 18 |
| this Act.
| 19 |
| (c) Any person entitled to access to a record under this | 20 |
| Section may submit
a written statement concerning any disputed | 21 |
| or new information, which statement
shall be entered into the | 22 |
| record. Whenever any disputed part of a record
is disclosed, | 23 |
| any submitted statement relating thereto shall accompany the
| 24 |
| disclosed part. Additionally, any person entitled to access may | 25 |
| request
modification of any part of the record which he | 26 |
| believes is incorrect or
misleading. If the request is refused, |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| the person may seek a court order
to compel modification.
| 2 |
| (d) Whenever access or modification is requested, the | 3 |
| request and any
action taken thereon shall be noted in the | 4 |
| recipient's record.
| 5 |
| (Source: P.A. 88-484; 89-439, eff. 6-1-96 .)
| 6 |
| (740 ILCS 110/9.2)
| 7 |
| Sec. 9.2. Interagency disclosure of recipient information. | 8 |
| For the
purposes of continuity of care, the Department of Human | 9 |
| Services (as
successor to the Department of Mental Health and | 10 |
| Developmental
Disabilities), community agencies funded by the
| 11 |
| Department of Human Services in that capacity, licensed private | 12 |
| hospitals receiving payments from the Department of Human | 13 |
| Services or the Department of Healthcare and Family Services, | 14 |
| State correctional facilities prisons operated by the | 15 |
| Department of Corrections , mental health facilities operated | 16 |
| by a county, and jails operated by any
county of this State may | 17 |
| disclose a
recipient's record or communications, without | 18 |
| consent, to each other, but only
for the purpose of admission, | 19 |
| treatment, planning, or discharge. Entities
shall not | 20 |
| redisclose any personally identifiable information, unless | 21 |
| necessary
for admission, treatment, planning, or discharge of | 22 |
| the identified recipient to
another setting.
No records or | 23 |
| communications may be disclosed to a county jail or State | 24 |
| correctional facility prison pursuant to
this Section unless | 25 |
| the Department has entered into a written agreement with
the |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| county jail or State correctional facility prison requiring | 2 |
| that the county jail or State correctional facility prison | 3 |
| adopt written policies and
procedures designed to ensure that | 4 |
| the records and communications are disclosed
only to those | 5 |
| persons employed by or under contract to the county jail or | 6 |
| State correctional facility prison who are
involved in the | 7 |
| provision of mental health services to inmates and that the
| 8 |
| records and communications are protected from further | 9 |
| disclosure.
| 10 |
| (Source: P.A. 94-182, eff. 7-12-05.)
| 11 |
| (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
| 12 |
| Sec. 10. (a) Except as provided herein, in any civil, | 13 |
| criminal,
administrative, or legislative proceeding, or in any | 14 |
| proceeding preliminary
thereto, a recipient, and a therapist on | 15 |
| behalf and in the interest of a
recipient, has the privilege to | 16 |
| refuse to disclose and to prevent the
disclosure of the | 17 |
| recipient's record or communications.
| 18 |
| (1) Records and communications may be disclosed in a | 19 |
| civil, criminal
or administrative proceeding in which the | 20 |
| recipient introduces his mental
condition or any aspect of | 21 |
| his services received for such condition as an
element of | 22 |
| his claim or defense, if and only to the extent the court | 23 |
| in
which the proceedings have been brought, or, in the case | 24 |
| of an administrative
proceeding, the court to which an | 25 |
| appeal or other action for review of an
administrative |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| determination may be taken, finds, after in camera
| 2 |
| examination of testimony or other evidence, that it is | 3 |
| relevant, probative,
not unduly prejudicial or | 4 |
| inflammatory, and otherwise clearly
admissible; that other | 5 |
| satisfactory evidence is demonstrably unsatisfactory
as | 6 |
| evidence of the facts sought to be established by such | 7 |
| evidence; and
that disclosure is more important to the | 8 |
| interests of substantial justice
than protection from | 9 |
| injury to the therapist-recipient relationship or to
the | 10 |
| recipient or other whom disclosure is likely to harm. | 11 |
| Except in a criminal
proceeding in which the recipient, who | 12 |
| is accused in that proceeding, raises
the defense of | 13 |
| insanity, no record or communication between a therapist
| 14 |
| and a recipient shall be deemed relevant for purposes of | 15 |
| this subsection,
except the fact of treatment, the cost of | 16 |
| services and the ultimate
diagnosis unless the party | 17 |
| seeking disclosure of the communication clearly
| 18 |
| establishes in the trial court a compelling need for its | 19 |
| production.
However, for purposes of this Act, in any | 20 |
| action brought or defended under
the Illinois Marriage and | 21 |
| Dissolution of Marriage Act, or in any action in
which pain | 22 |
| and suffering is an element of the claim, mental condition | 23 |
| shall
not be deemed to be introduced merely by making such | 24 |
| claim and shall be
deemed to be introduced only if the | 25 |
| recipient or a witness on his behalf
first testifies | 26 |
| concerning the record or communication.
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| (2) Records or communications may be disclosed in a | 2 |
| civil proceeding after
the recipient's death when the | 3 |
| recipient's physical or mental condition
has been | 4 |
| introduced as an element of a claim or defense by any party | 5 |
| claiming
or defending through or as a beneficiary of the | 6 |
| recipient, provided the
court finds, after in camera | 7 |
| examination of the evidence, that it is relevant,
| 8 |
| probative, and otherwise clearly admissible; that other | 9 |
| satisfactory evidence
is not available regarding the facts | 10 |
| sought to be established by such evidence;
and that | 11 |
| disclosure is more important to the interests of | 12 |
| substantial justice
than protection from any injury which | 13 |
| disclosure is likely to cause.
| 14 |
| (3) In the event of a claim made or an action filed by | 15 |
| a recipient, or,
following the recipient's death, by any | 16 |
| party claiming as a beneficiary
of the recipient for injury | 17 |
| caused in the course of providing services to such | 18 |
| recipient, the therapist and other persons whose actions
| 19 |
| are alleged
to have been the cause of injury may disclose | 20 |
| pertinent records and
communications to an attorney or | 21 |
| attorneys engaged to render advice about
and to provide | 22 |
| representation in connection with such matter and to | 23 |
| persons
working under the supervision of such attorney or | 24 |
| attorneys, and may
testify as to such records or
| 25 |
| communication in any administrative, judicial
or discovery | 26 |
| proceeding for the purpose of preparing and presenting a
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| defense against such claim or action.
| 2 |
| (4) Records and communications made to or by a | 3 |
| therapist in the course
of examination ordered by a court | 4 |
| for good cause shown may, if otherwise
relevant and | 5 |
| admissible, be disclosed in a civil, criminal,
or | 6 |
| administrative proceeding in which the recipient is a party | 7 |
| or in
appropriate pretrial proceedings, provided such | 8 |
| court has found that the
recipient has been as adequately | 9 |
| and as effectively as possible informed
before submitting | 10 |
| to such examination that such records and communications
| 11 |
| would not be considered confidential or privileged. Such | 12 |
| records and
communications shall be admissible only as to | 13 |
| issues involving the
recipient's physical or mental | 14 |
| condition and only to the extent that these
are germane to | 15 |
| such proceedings.
| 16 |
| (5) Records and communications may be disclosed in a | 17 |
| proceeding under
the Probate Act of 1975, to determine a | 18 |
| recipient's competency or need for
guardianship, provided | 19 |
| that the disclosure is made only with respect to that | 20 |
| issue.
| 21 |
| (6) Records and communications may be disclosed when | 22 |
| such are made during
treatment which the recipient is | 23 |
| ordered to undergo to render him fit to
stand trial on a | 24 |
| criminal charge, provided that the disclosure is made only
| 25 |
| with respect to the issue of fitness to stand trial.
| 26 |
| (7) Records and communications of the recipient may be |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| disclosed in any
civil or administrative proceeding | 2 |
| involving the validity of or benefits
under a life, | 3 |
| accident, health or disability insurance policy or | 4 |
| certificate,
or Health Care Service Plan Contract, | 5 |
| insuring the recipient, but only if
and to the extent that | 6 |
| the recipient's mental condition, or treatment or
services | 7 |
| in connection therewith, is a material element of any claim | 8 |
| or
defense of any party, provided that information sought | 9 |
| or disclosed shall
not be redisclosed except in connection | 10 |
| with the proceeding in which
disclosure is made.
| 11 |
| (8) Records or communications may be disclosed when | 12 |
| such are relevant
to a matter in issue in any action | 13 |
| brought under this Act and proceedings
preliminary | 14 |
| thereto, provided that any information so disclosed shall | 15 |
| not
be utilized for any other purpose nor be redisclosed | 16 |
| except in connection
with such action or preliminary | 17 |
| proceedings.
| 18 |
| (9) Records and communications of the recipient may be | 19 |
| disclosed in
investigations of and trials for homicide when | 20 |
| the disclosure relates directly
to the fact or immediate | 21 |
| circumstances of the homicide.
| 22 |
| (10) Records and communications of a deceased | 23 |
| recipient may be
disclosed to a coroner conducting a | 24 |
| preliminary investigation into the
recipient's death under | 25 |
| Section 3-3013 of the Counties Code. However,
records and | 26 |
| communications of the deceased recipient disclosed in an
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| investigation shall be limited solely to the deceased | 2 |
| recipient's records
and communications relating to the | 3 |
| factual circumstances of the incident
being investigated | 4 |
| in a mental health facility.
| 5 |
| (11) Records and communications of a recipient shall be | 6 |
| disclosed in a
proceeding
where a petition or motion is | 7 |
| filed under the Juvenile Court Act of 1987 and
the | 8 |
| recipient is
named as a parent, guardian, or legal | 9 |
| custodian of a minor who is the subject
of a petition for | 10 |
| wardship as
described in Section
2-3 of that Act or a minor | 11 |
| who is the subject of a petition for wardship as
described | 12 |
| in Section 2-4 of that
Act alleging the
minor is abused, | 13 |
| neglected, or dependent or the recipient is named as a | 14 |
| parent
of a child
who is the subject of
a petition, | 15 |
| supplemental petition, or motion to appoint a guardian with | 16 |
| the
power to consent to
adoption under Section 2-29 of the | 17 |
| Juvenile Court Act
of 1987.
| 18 |
| (12) Records and communications of a recipient may be
| 19 |
| disclosed when disclosure is necessary to collect sums or | 20 |
| receive
third party payment representing charges for | 21 |
| mental health or
developmental disabilities services | 22 |
| provided by a therapist or
agency to a recipient; however, | 23 |
| disclosure shall be limited to
information needed to pursue | 24 |
| collection, and the information so
disclosed may not be | 25 |
| used for any other purposes nor may it be
redisclosed | 26 |
| except in connection with collection activities.
Whenever |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| records are disclosed pursuant to this subdivision (12), | 2 |
| the
recipient of the records shall be advised in writing | 3 |
| that any person who
discloses mental health records and | 4 |
| communications in violation of this Act may
be subject to | 5 |
| civil liability pursuant to Section 15 of this Act or to | 6 |
| criminal
penalties pursuant to Section 16 of this Act or | 7 |
| both.
| 8 |
| (b) Before a disclosure is made under subsection (a), any | 9 |
| party to the
proceeding or any other interested person may | 10 |
| request an in camera review
of the record or communications to | 11 |
| be disclosed. The court or agency
conducting the proceeding may | 12 |
| hold an in camera review on its own motion.
When, contrary to | 13 |
| the express wish of the recipient, the therapist asserts
a | 14 |
| privilege on behalf and in the interest of a recipient, the | 15 |
| court may
require that the therapist, in an in camera hearing, | 16 |
| establish that
disclosure is not in the best interest of the | 17 |
| recipient. The court or
agency may prevent disclosure or limit | 18 |
| disclosure to the extent that other
admissible evidence is | 19 |
| sufficient to establish the facts in issue. The
court or agency | 20 |
| may enter such orders as may be necessary in order to
protect | 21 |
| the confidentiality, privacy, and safety of the recipient or of
| 22 |
| other persons. Any order to disclose or to not disclose shall | 23 |
| be
considered a final order for purposes of appeal and shall be | 24 |
| subject to
interlocutory appeal.
| 25 |
| (c) A recipient's records and communications may be | 26 |
| disclosed to a
duly authorized committee, commission or |
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| subcommittee of the General
Assembly which possesses subpoena | 2 |
| and hearing powers, upon a written
request approved by a | 3 |
| majority vote of the committee, commission or
subcommittee | 4 |
| members. The committee, commission or subcommittee may
request | 5 |
| records only for the purposes of investigating or studying
| 6 |
| possible violations of recipient rights. The request shall | 7 |
| state the
purpose for which disclosure is sought.
| 8 |
| The facility shall notify the recipient, or his guardian, | 9 |
| and therapist in
writing of any disclosure request under this | 10 |
| subsection within 5 business
days after such request. Such | 11 |
| notification shall also inform the
recipient, or guardian, and | 12 |
| therapist of their right to object to the
disclosure within 10 | 13 |
| business days after receipt of the notification and
shall | 14 |
| include the name, address and telephone number of the
| 15 |
| committee, commission or subcommittee member or staff person | 16 |
| with whom an
objection shall be filed. If no objection has been | 17 |
| filed within 15
business days after the request for disclosure, | 18 |
| the facility shall disclose
the records and communications to | 19 |
| the committee, commission or
subcommittee. If an objection has | 20 |
| been filed within 15 business days after
the request for | 21 |
| disclosure, the facility shall disclose the records and
| 22 |
| communications only after the committee, commission or | 23 |
| subcommittee has
permitted the recipient, guardian or | 24 |
| therapist to present his objection in
person before it and has | 25 |
| renewed its request for disclosure by a majority
vote of its | 26 |
| members.
|
|
|
|
SB3129 Enrolled |
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LRB096 14618 KTG 29457 b |
|
| 1 |
| Disclosure under this subsection shall not occur until all | 2 |
| personally
identifiable data of the recipient and provider are | 3 |
| removed from the
records and communications. Disclosure under | 4 |
| this subsection shall not
occur in any public proceeding.
| 5 |
| (d) No party to any proceeding described under paragraphs | 6 |
| (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | 7 |
| Section, nor his or
her attorney, shall serve a subpoena | 8 |
| seeking to obtain access to records or
communications under | 9 |
| this Act unless the subpoena is accompanied by a
written order | 10 |
| issued by a judge, authorizing the disclosure of the records
or | 11 |
| the issuance of the subpoena. No such written order shall be | 12 |
| issued without written notice of the motion to the recipient | 13 |
| and the treatment provider. Prior to issuance of the order, | 14 |
| each party or other person entitled to notice shall be | 15 |
| permitted an opportunity to be heard pursuant to subsection (b) | 16 |
| of this Section. No person shall comply with a subpoena for
| 17 |
| records or communications under this Act, unless the subpoena | 18 |
| is
accompanied by a written order authorizing the issuance of | 19 |
| the subpoena or
the disclosure of the records. Each subpoena | 20 |
| duces tecum issued by a court or administrative agency or | 21 |
| served on any person pursuant to this subsection (d) shall | 22 |
| include the following language: "No person shall comply with a | 23 |
| subpoena for mental health records or communications pursuant | 24 |
| to Section 10 of the Mental Health and Developmental | 25 |
| Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | 26 |
| subpoena is accompanied by a written order that authorizes the |
|
|
|
SB3129 Enrolled |
- 49 - |
LRB096 14618 KTG 29457 b |
|
| 1 |
| issuance of the subpoena and the disclosure of records or | 2 |
| communications."
| 3 |
| (e) When a person has been transported by a peace officer | 4 |
| to a mental
health facility, then upon the request of a peace | 5 |
| officer, if the person is
allowed to leave the mental health | 6 |
| facility within 48 hours of arrival,
excluding Saturdays, | 7 |
| Sundays, and holidays, the facility director shall notify
the | 8 |
| local law enforcement authority prior to the release of the | 9 |
| person. The
local law enforcement authority may re-disclose the | 10 |
| information as necessary to
alert the appropriate enforcement | 11 |
| or prosecuting authority.
| 12 |
| (f) A recipient's records and communications shall be | 13 |
| disclosed to the
Inspector General of the Department of Human | 14 |
| Services within 10 business days
of a request by the Inspector | 15 |
| General
(i) in the course of an investigation authorized by the | 16 |
| Department of Human Services Act and applicable rule or (ii) | 17 |
| during the course of an assessment authorized by the Abuse of | 18 |
| Adults with Disabilities Intervention Act and applicable rule. | 19 |
| The request
shall be
in writing and signed by the Inspector | 20 |
| General or his or her designee. The
request shall state the | 21 |
| purpose for which disclosure is sought. Any person who
| 22 |
| knowingly and willfully refuses to comply with such a request | 23 |
| is guilty of a
Class A misdemeanor. A recipient's records and | 24 |
| communications shall also be disclosed pursuant to subsection | 25 |
| (g-5) of Section 1-17 of the Department of Human Services Act | 26 |
| in testimony at health care worker registry hearings or |
|
|
|
SB3129 Enrolled |
- 50 - |
LRB096 14618 KTG 29457 b |
|
| 1 |
| preliminary proceedings when such are relevant to the matter in | 2 |
| issue, provided that any information so disclosed shall not be | 3 |
| utilized for any other purpose nor be redisclosed except in | 4 |
| connection with such action or preliminary proceedings.
| 5 |
| (Source: P.A. 96-406, eff. 8-13-09.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|