Sen. Heather A. Steans

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 839

2    AMENDMENT NO. ______. Amend Senate Bill 839 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 1-109, 2-104,
63-600, 3-610, and 3-809 as follows:
 
7    (405 ILCS 5/1-109)  (from Ch. 91 1/2, par. 1-109)
8    Sec. 1-109. "Discharge" means the full physical release
9from a mental health facility of any person admitted or
10otherwise detained under this Act from treatment,
11habilitation, or care and custody.
12(Source: P.A. 80-1414.)
 
13    (405 ILCS 5/2-104)  (from Ch. 91 1/2, par. 2-104)
14    Sec. 2-104. Every recipient who resides in a mental health
15or developmental disabilities facility shall be permitted to

 

 

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1receive, possess and use personal property and shall be
2provided with a reasonable amount of storage space therefor,
3except in the circumstances and under the conditions provided
4in this Section.
5    (a) Possession and use of certain classes of property may
6be restricted by the facility director when necessary to
7protect the recipient or others from harm, provided that notice
8of such restriction shall be given to all recipients upon
9admission.
10    (b) The professional responsible for overseeing the
11implementation of a recipient's services plan may, with the
12approval of the facility director, restrict the right to
13property when necessary to protect such recipient or others
14from harm.
15    (c) When a recipient or a respondent is discharged from the
16mental health or developmental disabilities facility, all of
17his or her lawful personal property which is in the custody of
18the facility shall be returned to him.
19(Source: P.A. 80-1414.)
 
20    (405 ILCS 5/3-600)  (from Ch. 91 1/2, par. 3-600)
21    Sec. 3-600. A person 18 years of age or older who is not
22currently physically present at the facility and who is subject
23to involuntary admission on an inpatient basis and in need of
24immediate hospitalization may be admitted to a mental health
25facility pursuant to this Article.

 

 

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1(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
2    (405 ILCS 5/3-610)  (from Ch. 91 1/2, par. 3-610)
3    Sec. 3-610. As soon as possible but not later than 24
4hours, excluding Saturdays, Sundays and holidays, after
5admission of a respondent pursuant to this Article, the
6respondent shall be examined by a psychiatrist. The
7psychiatrist may be a member of the staff of the facility but
8shall not be the person who executed the first certificate. If
9a certificate has already been completed by a psychiatrist
10following the respondent's admission, the respondent shall be
11examined by another psychiatrist or by a physician, clinical
12psychologist, or qualified examiner. If, as a result of this
13second examination, a certificate is executed, the certificate
14shall be promptly filed with the court. If the certificate
15states that the respondent is subject to involuntary admission
16but not in need of immediate hospitalization, the respondent
17may remain in his or her place of residence pending a hearing
18on the petition unless he or she voluntarily agrees to
19inpatient treatment. If the respondent is not examined or if
20the psychiatrist, physician, clinical psychologist, or
21qualified examiner does not execute a certificate pursuant to
22Section 3-602, the respondent shall be immediately discharged
23released forthwith.
24(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 

 

 

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1    (405 ILCS 5/3-809)  (from Ch. 91 1/2, par. 3-809)
2    Sec. 3-809. If the respondent is not found subject to
3involuntary admission on an inpatient or outpatient basis, or
4there has been a failure to fully comply with the procedures of
5this Code, the court shall dismiss the petition and order the
6respondent discharged. If the respondent is found subject to
7involuntary admission on an inpatient or outpatient basis, the
8court shall enter an order so specifying. If the court is not
9satisfied with the verdict of the jury finding the respondent
10subject to involuntary admission on an inpatient or outpatient
11basis, it may set aside such verdict and order the respondent
12discharged or it may order another hearing. Absent a new
13petition filed prior to the entry of the court's order and
14subject to the mandates of this Code, there shall be no
15exception to the respondent's full discharge absent the
16respondent's request to remain at the facility as an informal
17or voluntary recipient.
18(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)".