Illinois General Assembly - Full Text of Public Act 096-0570
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Public Act 096-0570


 

Public Act 0570 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0570
 
HB2280 Enrolled LRB096 08706 KTG 18837 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 3-801, 3-811,
and 3-902 as follows:
 
    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)
    Sec. 3-801. A respondent may request admission as an
informal or voluntary recipient at any time prior to an
adjudication that he is subject to involuntary admission. The
facility director shall approve such a request unless the
facility director determines that the respondent lacks the
capacity to consent to informal or voluntary admission or that
informal or voluntary admission is clinically inappropriate.
The director shall not find that voluntary admission is
clinically inappropriate in the absence of a documented history
of the respondent's illness and treatment demonstrating that
the respondent is unlikely to continue to receive needed
treatment following release from informal or voluntary
admission and that an order for alternative treatment or for
care and custody is necessary in order to ensure continuity of
treatment outside a mental health facility.
    If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her
right to object thereto, if the petitioner has requested such
notification on that individual recipient. The court may
dismiss the pending proceedings, but shall consider any
objection made by either the petitioner or the State's Attorney
and may require proof that such dismissal is in the best
interest of the respondent and of the public. If voluntary
admission is accepted and the petition is dismissed by the
court, notice shall be provided to the petitioner, orally and
in writing, of his or her right to receive notice of the
recipient's discharge pursuant to Section 3-902(d).
(Source: P.A. 94-521, eff. 1-1-06.)
 
    (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)
    Sec. 3-811. Involuntary admission; alternative mental
health facilities. (a) If any person is found subject to
involuntary admission, the court shall consider alternative
mental health facilities which are appropriate for and
available to the respondent, including but not limited to
hospitalization. The court may order the respondent to undergo
a program of hospitalization in a mental health facility
designated by the Department, in a licensed private hospital or
private mental health facility if it agrees, or in a facility
of the United States Veterans Administration if it agrees; or
the court may order the respondent to undergo a program of
alternative treatment; or the court may place the respondent in
the care and custody of a relative or other person willing and
able to properly care for him or her. The court shall order the
least restrictive alternative for treatment which is
appropriate.
    (b) Whenever a person is found subject to involuntary
admission, notice shall be provided to the petitioner, orally
and in writing, of his or her right to receive notice of the
recipient's discharge pursuant to Section 3-902(d).
(Source: P.A. 91-726, eff. 6-2-00.)
 
    (405 ILCS 5/3-902)  (from Ch. 91 1/2, par. 3-902)
    Sec. 3-902. Director initiated discharge.
    (a) The facility director may at any time discharge an
informal, voluntary, or minor recipient who is clinically
suitable for discharge.
    (b) The facility director shall discharge a recipient
admitted upon court order under this Chapter or any prior
statute where he is no longer subject to involuntary admission.
If the facility director believes that continuing treatment is
advisable for such recipient, he shall inform the recipient of
his right to remain as an informal or voluntary recipient.
    (c) When a facility director discharges or changes the
status of a recipient pursuant to this Section he shall
promptly notify the clerk of the court which entered the
original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the
action taken in the court record. If the person being
discharged is a person under legal disability, the facility
director shall also submit a certificate regarding his legal
status without disability pursuant to Section 3-907.
    (d) When the facility director determines that discharge is
appropriate for a recipient pursuant to this Section or Section
3-403 he or she shall notify the state's attorney of the county
in which the recipient resided immediately prior to his
admission to a mental health facility and the state's attorney
of the county where the last petition for commitment was filed
at least 48 hours prior to the discharge when either state's
attorney has requested in writing such notification on that
individual recipient or when the facility director regards a
recipient as a continuing threat to the peace and safety of the
community. Upon receipt of such notice, the state's attorney
may take any court action or notify such peace officers that he
deems appropriate. When the facility director determines that
discharge is appropriate for a recipient pursuant to this
Section or Section 3-403, he or she shall notify the person
whose petition pursuant to Section 3-701 resulted in the
current hospitalization of the recipient's discharge at least
48 hours prior to the discharge, if the petitioner has
requested in writing such notification on that individual
recipient.
    (e) The facility director may grant a temporary release to
a recipient whose condition is not considered appropriate for
discharge where such release is considered to be clinically
appropriate, provided that the release does not endanger the
public safety.
(Source: P.A. 91-726, eff. 6-2-00.)
 
    Section 99. Effective date. This Act takes effect January
1, 2010.

Effective Date: 1/1/2010