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Public Act 099-0220 | ||||
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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 Section 3-800 as | ||||
follows:
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
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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.
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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.
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(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.
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(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
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hearing be closed. A request that a hearing be closed shall be
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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
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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
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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 | ||
basis; | ||
(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.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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