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Public Act 096-0570
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| HB2280 Enrolled |
LRB096 08706 KTG 18837 b |
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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 |
Disabilities Code is amended by changing Sections 3-801, 3-811, |
and 3-902 as follows:
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(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
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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
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treatment outside a mental health facility.
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If the facility director approves such a request, the
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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).
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(Source: P.A. 94-521, eff. 1-1-06.)
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(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
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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
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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 |
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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.
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(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.)
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(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
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Sec. 3-902. Director initiated discharge.
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(a) The facility director may at any time discharge an |
informal,
voluntary, or minor recipient who is clinically |
suitable for discharge.
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(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.
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(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
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receipt of such notice, the clerk of the court shall note the |
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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.
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(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
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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
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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
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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.
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(e) The facility director may grant a temporary release to |
a recipient whose
condition is not considered appropriate for |