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(405 ILCS 5/3-801.5) Sec. 3-801.5. Agreed order for admission on an outpatient basis. (a) At any time before the conclusion of the hearing and the entry of the
court's
findings, a respondent may enter into an agreement to be subject to an order
for
admission on an outpatient basis as provided for in Sections 3-811,
3-812, and 3-813 of this Code, provided that: (1) The court and the parties have been presented |
| with a written report pursuant to Section 3-810 of this Code containing a recommendation for court-ordered admission on an outpatient basis and setting forth in detail the conditions for such an order, and the court is satisfied that the proposal for admission on an outpatient basis is in the best interest of the respondent and of the public.
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(2) The court advises the respondent of the
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| conditions of the proposed order in open court and is satisfied that the respondent understands and agrees to the conditions of the proposed order for admission on an outpatient basis.
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(3) The proposed custodian is advised of the
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| recommendation for care and custody and agrees to abide by the terms of the proposed order.
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(4) No such order may require the respondent to be
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| hospitalized except as provided in subsection (b) of this Section.
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(5) No order may include as one of its conditions the
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| administration of psychotropic medication, unless the court determines, based on the documented history of the respondent's treatment and illness, that the respondent is unlikely to continue to receive needed psychotropic medication in the absence of such an order.
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(b) An agreed order of care and custody entered pursuant to this Section may
grant the custodian the authority to admit a respondent to a hospital if the
respondent fails
to comply with the conditions of the agreed order. If necessary in order to
obtain the
hospitalization of the respondent, the custodian may apply to the court for an
order
authorizing an officer of the peace to take the respondent into custody and
transport the
respondent to the hospital specified in the agreed order. The provisions of
Section 3-605
of this Code shall govern the transportation of the respondent to a mental
health facility,
except to the extent that those provisions are inconsistent with this Section.
However, a
person admitted to a hospital pursuant to powers granted under an agreed order
for care
and custody shall be treated as a voluntary recipient pursuant to Article IV of
this Chapter
and shall be advised immediately of his or her right to request a discharge
pursuant to
Section 3-403 of this Code.
(c) If the court has appointed counsel for the respondent pursuant to
Section 3-805
of this Code, that appointment shall continue for the duration of any order
entered under
this Section, and the respondent shall be represented by counsel in any
proceeding held
pursuant to this Section.
(d) An order entered under this Section shall not constitute a finding that
the
respondent is subject to involuntary admission on an inpatient or outpatient basis.
(e) Nothing in this Section shall be deemed to create an agency relationship
between the respondent and any custodian appointed pursuant to this Section.
(f) Notwithstanding any other provision of Illinois law, no respondent may
be
cited for contempt for violating the terms and conditions of his or her agreed
order of care
and custody.
(g) An order entered under this Section may be extended with the agreement of the parties for additional 180-day periods.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.)
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