Illinois General Assembly - Full Text of Public Act 099-0220
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Public Act 099-0220





Public Act 099-0220
SB0834 EnrolledLRB099 03852 RLC 23866 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 Section 3-800 as
    (405 ILCS 5/3-800)  (from Ch. 91 1/2, par. 3-800)
    Sec. 3-800. (a) Unless otherwise indicated, court hearings
under this Chapter shall be held pursuant to this Article.
Hearings shall be held in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental
health facility where the respondent is hospitalized. Any party
may request a change of venue or transfer to any other county
because of the convenience of parties or witnesses or the
condition of the respondent. The respondent may request to have
the proceedings transferred to the county of his or her
residence. The court shall grant the request if and only if the
court determines that the transfer is necessary to ensure the
attendance of any material witness.
    (b) If the court grants a continuance on its own motion or
upon the motion of one of the parties, the respondent may
continue to be detained pending further order of the court.
Such continuance shall not extend beyond 15 days except to the
extent that continuances are requested by the respondent.
    (c) Court hearings under this Chapter, including hearings
under Section 2-107.1, shall be open to the press and public
unless the respondent or some other party requests that they be
closed. The court may also indicate its intention to close a
hearing, including when it determines that the respondent may
be unable to make a reasoned decision to request that the
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by
a party or any other person. If an objection is made, the court
shall not close the hearing unless, following a hearing, it
determines that the patient's interest in having the hearing
closed is compelling. The court shall support its determination
with written findings of fact and conclusions of law. The court
shall not close the hearing if the respondent objects to its
closure. Whenever a court determines that a hearing shall be
closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the
parties involved in the hearing, court personnel, and any
person or agency providing mental health services that are the
subject of the hearing. Access may also be granted, however,
pursuant to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
    (d) The provisions of subsection (a-5) of Section 6 of the
Rights of Crime Victims and Witnesses Act shall apply to the
initial commitment hearing, as provided under Section 5-2-4 of
the Unified Code of Corrections, for a respondent found not
guilty by reason of insanity of a violent crime in a criminal
proceeding and the hearing has been ordered by the court under
this Code to determine if the defendant is:
        (1) in need of mental health services on an inpatient
        (2) in need of mental health services on an outpatient
    basis; or
        (3) not in need of mental health services.
    While the impact statement to the court allowed under this
subsection (d) may include the impact that the respondent's
criminal conduct has had upon the victim, victim's
representative, or victim's family or household member, the
court may only consider the impact statement along with all
other appropriate factors in determining the:
        (i) threat of serious physical harm posed by the
    respondent to himself or herself, or to another person;
        (ii) location of inpatient or outpatient mental health
    services ordered by the court, but only after complying
    with all other applicable administrative requirements,
    rules, and statutory requirements;
        (iii) maximum period of commitment for inpatient
    mental health services; and
        (iv) conditions of release for outpatient mental
    health services ordered by the court.
    (e) Notwithstanding the provisions of Section 2-1009 of the
Code of Civil Procedure, a respondent may object to a motion
for voluntary dismissal and the court may refuse to grant such
a dismissal for good cause shown.
(Source: P.A. 96-117, eff. 1-1-10; 97-375, eff. 8-15-11.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/31/2015