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 5/3-901) (from Ch. 91 1/2, par. 3-901) Sec. 3-901. (a) Upon the filing of a petition under Section 3-900 or
Section 3-906, the court shall set the matter for hearing to be held within
5 days, excluding Saturdays, Sundays, and holidays. The court shall direct
that notice of the time and place of the hearing be given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate. (b) Article VIII of this Chapter applies to hearings held under this
Section. The court shall
determine whether the recipient is: (i) subject to involuntary admission on an inpatient basis; (ii)
subject to involuntary admission on an outpatient basis; or (iii) not subject to involuntary
admission on either an inpatient or outpatient basis. If the court finds that the recipient is not subject to involuntary
admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability. A copy of any order discharging the recipient shall be given
to the recipient and to the facility director. (b-1) If the court determines that the recipient is subject to involuntary admission on an
outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812. (c) If the court determines that the recipient continues to be subject to
involuntary admission on an inpatient basis, the court may continue or modify its original order in
accordance with this Act. Thereafter, no new petition for discharge may be
filed without leave of court.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
