Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) Sec. 3-812. Court ordered admission on an outpatient basis; modification;
revocation. (a) If a respondent is found subject to involuntary admission on an outpatient basis, the court may issue an order: (i) placing the respondent in the care and custody of a relative or other
person willing and able to properly care for him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider. (b) An order placing the respondent in the care and custody of a relative or other person shall
specify the powers and duties of the custodian. An 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 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 a mental health facility. The provisions of Section 3-605 shall govern
the transportation of the respondent to a mental health facility, except to the extent that those
provisions are inconsistent with this Section. No person admitted to a hospital pursuant to this
subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays,
unless, within that period, a petition for involuntary admission on an inpatient basis and a
certificate supporting such petition have been filed as provided in Section 3-611. (c) Alternative treatment shall not be ordered unless the program being
considered is capable of providing adequate and humane treatment in the least
restrictive setting which is appropriate to the respondent's condition. The court shall have continuing authority to modify an order for
alternative treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment. Prior to modifying
such an order, the court shall receive a report from the facility director
of the program specifying why the alternative treatment is unsuitable. The
recipient shall be notified and given an opportunity to respond when
modification of the order for alternative treatment is considered. If the court determines that the
respondent has violated the order for alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate assurances for the safety of the
respondent or others, the court may revoke the order for alternative treatment in the community
and
may order a peace officer to take the recipient into custody and transport him to an inpatient
mental health facility. The provisions of
Section 3-605 shall govern the transportation of the respondent to a mental health
facility, except to the extent that those provisions are inconsistent with this Section. No person
admitted to a hospital pursuant to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within that period, a petition for involuntary
admission on an inpatient basis and a certificate supporting such petition have been filed as
provided in Section 3-611.(Source: P.A. 98-221, eff. 1-1-14.) |
