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90_SB1690
405 ILCS 5/3-816 from Ch. 91 1/2, par. 3-816
405 ILCS 5/3-818 from Ch. 91 1/2, par. 3-818
405 ILCS 5/4-613 from Ch. 91 1/2, par. 4-613
405 ILCS 5/4-615 from Ch. 91 1/2, par. 4-615
Amends the Mental Health and Developmental Disabilities
Code. Provides that indigent respondents are entitled to
free transcripts of proceedings under the Code. Effective
immediately.
LRB9009395SMsbA
LRB9009395SMsbA
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 3-816, 3-818, 4-613,
3 and 4-615.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 3-816,
8 3-818, 4-613, and 4-615 as follows:
9 (405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
10 Sec. 3-816. Final orders; copies; appeal.
11 (a) Every final order entered by the court under this
12 Act shall be in writing and shall be accompanied by a
13 statement on the record of the court's findings of fact and
14 conclusions of law. A copy of such order shall be promptly
15 given to the recipient or his attorney and to the facility
16 director of the facility or alternative treatment to which
17 the recipient is admitted or to the person in whose care and
18 custody the recipient is placed.
19 (b) An appeal from a final order may be taken in the
20 same manner as in other civil cases. Upon entry of a final
21 order, the court shall notify the recipient orally and in
22 writing of his right to appeal and, if he is indigent, of his
23 right to a free transcript and counsel and a free transcript
24 pursuant to subsection (c) of Section 3-818 and subsection
25 (c) of Section 4-615 of this Code. If the recipient wishes
26 to appeal and is unable to obtain counsel, counsel shall be
27 appointed pursuant to Section 3-805.
28 (Source: P.A. 88-380.)
29 (405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
30 Sec. 3-818. Fees; costs.
-2- LRB9009395SMsbA
1 (a) Fees for jury service, witnesses, and service and
2 execution of process are the same as for similar services in
3 civil proceedings.
4 (b) Except as provided under subsection (c) of this
5 Section, the court may assess costs of the proceedings
6 against the parties. If the respondent is not a resident of
7 the county in which the hearing is held and the party against
8 whom the court would otherwise assess costs has insufficient
9 funds to pay the costs, the court may enter an order upon the
10 State to pay the cost of the proceedings, from funds
11 appropriated by the General Assembly for that purpose.
12 (c) If the respondent is a party against whom the court
13 would otherwise assess costs and that respondent is
14 determined by the court to have insufficient funds to pay the
15 cost of transcripts for the purpose of appeal, the court may
16 enter an order upon the State to pay the cost of one original
17 and one copy of a transcript of proceedings established under
18 this Code.
19 (Source: P.A. 80-1414.)
20 (405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
21 Sec. 4-613. Final orders; notice; appeals.
22 (a) Every final order of the court shall be in writing
23 and shall be accompanied by a statement on the record of the
24 court's findings of fact and conclusions of law. A copy of
25 such order shall be promptly given to the client, his
26 attorney, and the facility director of the developmental
27 disabilities facility or program to which the respondent is
28 admitted.
29 (b) An appeal from a final order may be taken in the
30 same manner as in other civil cases. Upon entry of a final
31 order, the court shall notify the client of his right to
32 appeal and, if he is indigent, of his right to a free
33 transcript and counsel and a free transcript pursuant to
-3- LRB9009395SMsbA
1 subsection (c) of Section 3-818 and subsection (c) of Section
2 4-615 of this Code. If the client wishes to appeal and is
3 unable to obtain counsel, counsel shall be appointed pursuant
4 to the provisions of Section 4-605.
5 (Source: P.A. 80-1414.)
6 (405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
7 Sec. 4-615. Fees; costs; State funds.
8 (a) Fees for jury service, witnesses, and service and
9 execution of process are the same as for similar services in
10 civil proceedings.
11 (b) Except as provided under subsection (c) of this
12 Section, the court may assess costs of the proceedings
13 against the parties. If the respondent is not a resident of
14 the county in which the hearing is held and the party against
15 whom the court would otherwise assess costs has insufficient
16 funds to pay the costs, the court may enter an order upon the
17 State to pay the cost of the proceedings, from funds
18 appropriated by the General Assembly for that purpose.
19 (c) If the respondent is a party against whom the court
20 would otherwise assess costs and that respondent is
21 determined by the court to have insufficient funds to pay the
22 cost of transcripts for the purpose of appeal, the court may
23 enter an order upon the State to pay the cost of one original
24 and one copy of a transcript of proceedings established under
25 this Code.
26 (Source: P.A. 80-1414.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.