State of Illinois
91st General Assembly
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Public Act 91-0787

SB1508 Enrolled                                LRB9112739DJcd

    AN ACT to  amend  the  Mental  Health  and  Developmental
Disabilities  Code  by  changing Sections 1-121, 2-107.1, and
3-813.

    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  1-121,
2-107.1, and 3-813 as follows:

    (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
    Sec.  1-121.  "Psychiatrist" means a physician as defined
in the first sentence of Section 1-120 who  has  successfully
completed  a  residency  program  in psychiatry accredited by
either  the  Accreditation  Council  for   Graduate   Medical
Education  or the American Osteopathic Association at least 3
years  of  formal  training  or  primary  experience  in  the
diagnosis and treatment of mental illness.
(Source: P.A. 80-1414.)

    (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
    Sec. 2-107.1.  Administration of  authorized  involuntary
treatment upon application to a court.
    (a)  Notwithstanding  the  provisions of Section 2-107 of
this  Code,   authorized   involuntary   treatment   may   be
administered  to  an  adult recipient of services without the
informed  consent  of  the  recipient  under  the   following
standards:
         (1)  Any  person 18 years of age or older, including
    any guardian, may petition the circuit court for an order
    authorizing the administration of authorized  involuntary
    treatment  to a recipient of services. The petition shall
    state that the petitioner has made a good  faith  attempt
    to  determine  whether the recipient has executed a power
    of attorney for health care under the Powers of  Attorney
    for  Health  Care  Law or a declaration for mental health
    treatment under the Mental  Health  Treatment  Preference
    Declaration Act and to obtain copies of these instruments
    if  they exist.  If either of the above-named instruments
    is available to the petitioner, the instrument  shall  be
    attached  to  the  petition as an exhibit. The petitioner
    shall deliver a copy of the petition, and notice  of  the
    time  and place of the hearing, to the respondent, his or
    her attorney, any known  agent  or  attorney-in-fact,  if
    any,  and  the  guardian, if any, no later than 3 10 days
    prior to the date  of  the  hearing.   The  petition  may
    include  a  request that the court authorize such testing
    and procedures as may  be  essential  for  the  safe  and
    effective  administration  of  the authorized involuntary
    treatment sought to be administered, but only  where  the
    petition  sets  forth the specific testing and procedures
    sought to be administered.
         If a hearing is requested  to  be  held  immediately
    following  the  hearing  on  a  petition  for involuntary
    admission, then the notice requirement shall be the  same
    as  that  for the hearing on the petition for involuntary
    admission,  and  the  petition  filed  pursuant  to  this
    Section shall be filed with the petition for  involuntary
    admission.
         (2)  The court shall hold a hearing within 7 14 days
    of   the   filing   of  the  petition.  The  People,  the
    petitioner, or the respondent  shall  be  entitled  to  a
    continuance  of  up to 7 days as of right.  An additional
    continuance of Continuances totaling not more than  7  14
    days may be granted to any party (i) the recipient upon a
    showing  that  the continuance is continuances are needed
    in order to prepare adequately  prepare  for  or  present
    evidence  in  a  hearing under this Section or (ii) under
    exceptional  circumstances.  The  court   may,   in   its
    discretion, grant an additional continuance not to exceed
    21  days  when,  in  its discretion, the court determines
    that such a continuance is necessary in order to  provide
    the  recipient  with  an  examination pursuant to Section
    3-803 or 3-804 of this Act, to provide the recipient with
    a trial by jury as provided in Section 3-802 of this Act,
    or to arrange for the substitution of counsel as provided
    for by the Illinois Supreme Court Rules  continuances  if
    agreed  to by all parties.  The hearing shall be separate
    from a judicial proceeding held to  determine  whether  a
    person  is  subject  to  involuntary admission but may be
    heard immediately preceding or following such a  judicial
    proceeding  and may be heard by the same trier of fact or
    law as in that judicial proceeding.
         (3)  Unless   otherwise   provided    herein,    the
    procedures set forth in Article VIII of Chapter 3 of this
    Act,  including  the  provisions regarding appointment of
    counsel, shall govern hearings held under this subsection
    (a).
         (4)  Authorized involuntary treatment shall  not  be
    administered   to   the  recipient  unless  it  has  been
    determined by clear and convincing evidence that  all  of
    the following factors are present:
              (A)  That  the  recipient  has a serious mental
         illness or developmental disability.
              (B)  That because of  said  mental  illness  or
         developmental disability, the recipient exhibits any
         one  of  the  following:  (i)  deterioration  of his
         ability   to   function,   (ii)   suffering,   (iii)
         threatening behavior, or (iv) disruptive behavior.
              (C)  That the illness or disability has existed
         for a period marked by the  continuing  presence  of
         the   symptoms   set  forth  in  item  (B)  of  this
         subdivision (4) or the repeated episodic  occurrence
         of these symptoms.
              (D)  That   the   benefits   of  the  treatment
         outweigh the harm.
              (E)  That the recipient lacks the  capacity  to
         make a reasoned decision about the treatment.
              (F)  That  other less restrictive services have
         been explored and found inappropriate.
              (G)  If the petition  seeks  authorization  for
         testing  and other procedures, that such testing and
         procedures are essential for the safe and  effective
         administration of the treatment.
         (5)  In  no  event  shall an order issued under this
    Section be effective for more  than  90  days.  A  second
    90-day  period of involuntary treatment may be authorized
    pursuant to a hearing that complies  However,  authorized
    involuntary  treatment may be administered for additional
    90-day periods without  limitation  under  hearings  that
    comply  with  the  above standards and procedures of this
    subsection (a). Thereafter, additional 180-day periods of
    involuntary treatment may be authorized pursuant  to  the
    standards  and  procedures of this Section without limit.
    If a new petition  to  authorize  the  administration  of
    authorized  involuntary  treatment  is  filed at least 15
    days prior to the expiration of the prior order,  and  if
    any  continuance  of  the  hearing  is  agreed  to by the
    recipient,  the  administration  of  the  treatment   may
    continue  in  accordance with the prior order pending the
    completion of a hearing under this Section.
         (6)  An order issued under this subsection (a) shall
    designate  the  persons  authorized  to  administer   the
    authorized  involuntary treatment under the standards and
    procedures of this subsection (a).  Those  persons  shall
    have  complete discretion not to administer any treatment
    authorized under  this  Section.  The  order  shall  also
    specify  the  medications  and  the  anticipated range of
    dosages that have been authorized.
    (b)  A guardian may  be  authorized  to  consent  to  the
administration  of  authorized  involuntary  treatment  to an
objecting recipient only under the standards  and  procedures
of subsection (a).
    (c)  Notwithstanding any other provision of this Section,
a  guardian  may  consent to the administration of authorized
involuntary treatment  to  a  non-objecting  recipient  under
Article XIa of the Probate Act of 1975.
    (d)  Nothing   in   this   Section   shall   prevent  the
administration  of  authorized   involuntary   treatment   to
recipients in an emergency under Section 2-107 of this Act.
    (e)  Notwithstanding   any  of  the  provisions  of  this
Section, authorized involuntary treatment may be administered
pursuant to a power of attorney for  health  care  under  the
Powers  of  Attorney for Health Care Law or a declaration for
mental health treatment under  the  Mental  Health  Treatment
Preference Declaration Act.
(Source:  P.A.  89-11,  eff.  3-31-95;  89-439,  eff. 6-1-96;
90-538, eff. 12-1-97.)

    (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
    Sec. 3-813. (a)  An  initial  order  for  hospitalization
shall be for a period not to exceed 90 180 days. Prior to the
expiration  of  the  initial  order  if the facility director
believes that  the  recipient  continues  to  be  subject  to
involuntary  admission, a new petition and 2 new certificates
may be filed with the court. If  a  petition  is  filed,  the
facility  director  shall  file  with  the  court  a  current
treatment   plan   which   includes   an  evaluation  of  the
recipient's progress and the extent to which he is benefiting
from  treatment.  If  no  petition  is  filed  prior  to  the
expiration of the  initial  order,  the  recipient  shall  be
discharged. Following a hearing, the court may order a second
period  of  hospitalization not to exceed 90 180 days only if
it finds that  the  recipient  continues  to  be  subject  to
involuntary admission.
    (b)  Additional  180  day  periods  of  treatment  may be
sought pursuant to the procedures set out in this Section for
so  long  as  the  recipient  continues  to  be  subject   to
involuntary  admission.  The provisions of this chapter which
apply  whenever  an  initial  order  is  sought  shall  apply
whenever an additional period of treatment is sought.
(Source: P.A. 88-380.)

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