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Illinois Compiled Statutes
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/Ch. III Art. VI
(405 ILCS 5/Ch. III Art. VI heading)
ARTICLE VI.
EMERGENCY ADMISSION BY CERTIFICATION
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405 ILCS 5/3-600 (405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) Sec. 3-600. A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis and in need of immediate hospitalization may be admitted to a
mental health facility pursuant to this Article. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
405 ILCS 5/3-601 (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601) Sec. 3-601. Involuntary admission; petition. (a) When a person is asserted to be subject to involuntary
admission on an inpatient basis and in such a condition that immediate hospitalization is necessary
for the protection of such person or others from physical harm, any person
18 years of age or older may present a petition to the facility director
of a mental health facility in the county where the respondent resides or is
present. The petition may be prepared by the facility director of the
facility. (b) The petition shall include all of the following: 1. A detailed statement of the reason for the | | assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of a mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.
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| 2. The name and address of the spouse, parent,
| | guardian, substitute decision maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses. If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.
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| 3. The petitioner's relationship to the respondent
| | and a statement as to whether the petitioner has legal or financial interest in the matter or is involved in litigation with the respondent. If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.
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| 4. The names, addresses and phone numbers of the
| | witnesses by which the facts asserted may be proved.
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| (c) Knowingly making a material false statement in the petition is a Class
A misdemeanor.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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405 ILCS 5/3-601.1
(405 ILCS 5/3-601.1)
Sec. 3-601.1.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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405 ILCS 5/3-601.2
(405 ILCS 5/3-601.2)
Sec. 3-601.2.
Consent to admission by healthcare surrogate.
A
surrogate decision maker under the Health Care Surrogate Act may not consent to
the
admission to a mental health facility of a person who lacks decision making
capacity. A surrogate may, however, petition for involuntary admission
pursuant to this Code. This Section does not affect the authority of a court
appointed guardian.
(Source: P.A. 90-538, eff. 12-1-97.)
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405 ILCS 5/3-602
(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
Sec. 3-602.
The petition shall be accompanied by a certificate executed
by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states
that the respondent is subject to involuntary admission on an inpatient basis and requires immediate
hospitalization. The certificate shall indicate that the physician, qualified
examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not
more than 72 hours prior to admission. It shall also contain the physician's,
qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations,
other factual information relied upon in reaching a diagnosis, and a statement
as to whether the respondent was advised of his rights under Section 3-208.
(Source: P.A. 101-587, eff. 1-1-20 .)
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405 ILCS 5/3-603
(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603.
(a) If no physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical
psychologist
is immediately available or it is not possible after a diligent effort to
obtain the certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon presentation
of the petition alone pending the obtaining of such a certificate.
(b) In such instance the petition shall conform to the requirements of
Section 3-601 and further specify that:
1. the petitioner believes, as a result of his | | personal observation, that the respondent is subject to involuntary admission on an inpatient basis;
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2. a diligent effort was made to obtain a certificate;
3. no physician, qualified examiner, psychiatrist, or
| | clinical psychologist could be found who has examined or could examine the respondent; and
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4. a diligent effort has been made to convince the
| | respondent to appear voluntarily for examination by a physician, qualified examiner, psychiatrist, or clinical psychologist, unless the petitioner reasonably believes that effort would impose a risk of harm to the respondent or others.
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(Source: P.A. 101-587, eff. 1-1-20 .)
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405 ILCS 5/3-604
(405 ILCS 5/3-604) (from Ch. 91 1/2, par. 3-604)
Sec. 3-604.
No person detained for examination under this Article on
the basis of a petition alone may be held for more than 24 hours unless
within that period a certificate is furnished to or by the mental health
facility. If no certificate is furnished, the respondent shall be released forthwith.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-605
(405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared
pursuant to this Article, the county sheriff of the county in which a
respondent is found shall take a respondent into
custody and transport him to a mental health facility, or may make
arrangements
with another public or private entity including a licensed ambulance service to
transport the respondent to the mental health facility.
In the event it
is determined by such facility that the respondent is in need of commitment
or treatment at another mental health facility, the county sheriff
shall transport the respondent to the appropriate mental health facility,
or the county sheriff may make arrangements with another public or private
entity including a licensed
ambulance service to transport the respondent to the mental health facility.
(b) The county
sheriff
may delegate his duties under subsection (a) to another law enforcement body within
that county if that law enforcement body agrees.
(b-5) In counties with a population under 3,000,000, upon receipt of a petition and certificate prepared pursuant to this Article, the Department shall make arrangements to appropriately transport the respondent to a mental health facility. In the event it is determined by the facility that the respondent is in need of commitment or treatment at another mental health facility, the Department shall make arrangements to appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.
(c) The transporting authority acting in good faith and without negligence
in connection with the transportation of respondents shall incur no liability,
civil or criminal, by reason of such transportation.
(d) The respondent
and the estate of that respondent are liable for the payment
of transportation costs for transporting the respondent to a mental health
facility. If the respondent
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the respondent's
estate and shall not be subject to payment for transportation costs for
transporting the respondent to a mental health facility
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the respondent is unable to pay or if the estate
of the respondent is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount owing has been paid.
If the respondent is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the respondent's insurance
policy.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22 .)
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405 ILCS 5/3-606 (405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606) Sec. 3-606. A peace officer may take a person into custody and transport
him to a mental health facility when
the peace officer has reasonable grounds to believe that the person is
subject to involuntary admission on an inpatient basis and in need of immediate hospitalization
to protect such person or others from physical harm. Upon arrival at the
facility, the peace officer may
complete the petition under Section 3-601. If the petition is not completed by the peace officer transporting the person, the transporting officer's name, badge number, and employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
405 ILCS 5/3-607
(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
Sec. 3-607. Court ordered temporary detention and examination. When, as
a result of personal observation and testimony in open court, any court has
reasonable grounds to believe that a person appearing before it is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such
person or others from physical harm, the court may enter an order for the
temporary detention and examination of such person. The
order
shall set forth in detail the facts which are the basis for its conclusion.
The court may order a peace officer to take the person into custody and
transport him to a mental health facility. The person may be detained for
examination for no more than 24 hours to determine whether or not she or he is subject to involuntary admission and in need of immediate hospitalization. If a petition and certificate are executed within the 24 hours, the person may be
admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization. If the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization, the person may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. The provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section. If no petition or
certificate is executed, the person shall be released.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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405 ILCS 5/3-608
(405 ILCS 5/3-608) (from Ch. 91 1/2, par. 3-608)
Sec. 3-608.
Upon completion of one certificate, the facility may begin
treatment of the respondent. However, the respondent shall be informed
of his right to refuse medication and if he refuses, medication shall not
be given unless it is necessary to prevent the respondent from causing serious
harm to himself or others. The facility shall record what treatment
is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-609
(405 ILCS 5/3-609) (from Ch. 91 1/2, par. 3-609)
Sec. 3-609.
Within 12 hours after his admission, the respondent shall
be given a copy of the petition and a statement as provided in Section
3-206. Not later than 24 hours, excluding Saturdays, Sundays and holidays,
after admission, a copy of the petition and statement shall be given or
sent to the respondent's attorney and guardian, if any. The respondent
shall be asked if he desires such documents sent to any other persons, and
at least 2 such persons designated by the respondent shall receive such
documents. The respondent shall be allowed to complete no less than 2
telephone calls at the time of his admission to such persons as he chooses.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-610
(405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
Sec. 3-610.
As soon as possible but not later than 24 hours, excluding
Saturdays, Sundays and holidays, after admission of a respondent pursuant
to this Article, the respondent shall be personally examined by a psychiatrist. The
psychiatrist may be a member of the staff of the facility but shall not
be the person who executed the first certificate. If a certificate has already been completed by a psychiatrist following the respondent's admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. If the respondent is
not examined or if the psychiatrist, physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner does not execute a certificate pursuant
to Section 3-602, the respondent shall be released forthwith. For
the purpose of this Section, a personal examination includes an
examination performed in real time (synchronous examination)
via an Interactive Telecommunication System as defined in 89
Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
Telecommunication System may only be used for certification
under this Section when a psychiatrist is not on-site within
the time period set forth in this Section. If the examination
is performed via an Interactive Communication System, that fact
shall be noted on the certificate.
(Source: P.A. 101-587, eff. 1-1-20 .)
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405 ILCS 5/3-611
(405 ILCS 5/3-611) (from Ch. 91 1/2, par. 3-611)
Sec. 3-611.
Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file 2 copies of the petition, the first certificate,
and proof of service of the petition and statement of rights upon the respondent
with the court in the county in which the facility is located. Upon completion
of the second certificate, the facility director shall promptly file it with
the court and provide a copy to the respondent. The facility director shall make copies of the certificates
available to the attorneys for the parties upon request. Upon the filing
of the petition and first certificate, the court shall set a hearing to
be held within 5 days, excluding Saturdays, Sundays and holidays, after
receipt of the petition. The court shall direct that notice of the time
and place of the hearing be served upon the respondent, his responsible
relatives, and the persons
entitled to receive a copy of the petition pursuant to Section 3-609.
(Source: P.A. 98-865, eff. 8-8-14.)
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