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91_SB1508enr
SB1508 Enrolled LRB9112739DJcd
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 1-121, 2-107.1, and
3 3-813.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 1-121,
8 2-107.1, and 3-813 as follows:
9 (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
10 Sec. 1-121. "Psychiatrist" means a physician as defined
11 in the first sentence of Section 1-120 who has successfully
12 completed a residency program in psychiatry accredited by
13 either the Accreditation Council for Graduate Medical
14 Education or the American Osteopathic Association at least 3
15 years of formal training or primary experience in the
16 diagnosis and treatment of mental illness.
17 (Source: P.A. 80-1414.)
18 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
19 Sec. 2-107.1. Administration of authorized involuntary
20 treatment upon application to a court.
21 (a) Notwithstanding the provisions of Section 2-107 of
22 this Code, authorized involuntary treatment may be
23 administered to an adult recipient of services without the
24 informed consent of the recipient under the following
25 standards:
26 (1) Any person 18 years of age or older, including
27 any guardian, may petition the circuit court for an order
28 authorizing the administration of authorized involuntary
29 treatment to a recipient of services. The petition shall
30 state that the petitioner has made a good faith attempt
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1 to determine whether the recipient has executed a power
2 of attorney for health care under the Powers of Attorney
3 for Health Care Law or a declaration for mental health
4 treatment under the Mental Health Treatment Preference
5 Declaration Act and to obtain copies of these instruments
6 if they exist. If either of the above-named instruments
7 is available to the petitioner, the instrument shall be
8 attached to the petition as an exhibit. The petitioner
9 shall deliver a copy of the petition, and notice of the
10 time and place of the hearing, to the respondent, his or
11 her attorney, any known agent or attorney-in-fact, if
12 any, and the guardian, if any, no later than 3 10 days
13 prior to the date of the hearing. The petition may
14 include a request that the court authorize such testing
15 and procedures as may be essential for the safe and
16 effective administration of the authorized involuntary
17 treatment sought to be administered, but only where the
18 petition sets forth the specific testing and procedures
19 sought to be administered.
20 If a hearing is requested to be held immediately
21 following the hearing on a petition for involuntary
22 admission, then the notice requirement shall be the same
23 as that for the hearing on the petition for involuntary
24 admission, and the petition filed pursuant to this
25 Section shall be filed with the petition for involuntary
26 admission.
27 (2) The court shall hold a hearing within 7 14 days
28 of the filing of the petition. The People, the
29 petitioner, or the respondent shall be entitled to a
30 continuance of up to 7 days as of right. An additional
31 continuance of Continuances totaling not more than 7 14
32 days may be granted to any party (i) the recipient upon a
33 showing that the continuance is continuances are needed
34 in order to prepare adequately prepare for or present
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1 evidence in a hearing under this Section or (ii) under
2 exceptional circumstances. The court may, in its
3 discretion, grant an additional continuance not to exceed
4 21 days when, in its discretion, the court determines
5 that such a continuance is necessary in order to provide
6 the recipient with an examination pursuant to Section
7 3-803 or 3-804 of this Act, to provide the recipient with
8 a trial by jury as provided in Section 3-802 of this Act,
9 or to arrange for the substitution of counsel as provided
10 for by the Illinois Supreme Court Rules continuances if
11 agreed to by all parties. The hearing shall be separate
12 from a judicial proceeding held to determine whether a
13 person is subject to involuntary admission but may be
14 heard immediately preceding or following such a judicial
15 proceeding and may be heard by the same trier of fact or
16 law as in that judicial proceeding.
17 (3) Unless otherwise provided herein, the
18 procedures set forth in Article VIII of Chapter 3 of this
19 Act, including the provisions regarding appointment of
20 counsel, shall govern hearings held under this subsection
21 (a).
22 (4) Authorized involuntary treatment shall not be
23 administered to the recipient unless it has been
24 determined by clear and convincing evidence that all of
25 the following factors are present:
26 (A) That the recipient has a serious mental
27 illness or developmental disability.
28 (B) That because of said mental illness or
29 developmental disability, the recipient exhibits any
30 one of the following: (i) deterioration of his
31 ability to function, (ii) suffering, (iii)
32 threatening behavior, or (iv) disruptive behavior.
33 (C) That the illness or disability has existed
34 for a period marked by the continuing presence of
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1 the symptoms set forth in item (B) of this
2 subdivision (4) or the repeated episodic occurrence
3 of these symptoms.
4 (D) That the benefits of the treatment
5 outweigh the harm.
6 (E) That the recipient lacks the capacity to
7 make a reasoned decision about the treatment.
8 (F) That other less restrictive services have
9 been explored and found inappropriate.
10 (G) If the petition seeks authorization for
11 testing and other procedures, that such testing and
12 procedures are essential for the safe and effective
13 administration of the treatment.
14 (5) In no event shall an order issued under this
15 Section be effective for more than 90 days. A second
16 90-day period of involuntary treatment may be authorized
17 pursuant to a hearing that complies However, authorized
18 involuntary treatment may be administered for additional
19 90-day periods without limitation under hearings that
20 comply with the above standards and procedures of this
21 subsection (a). Thereafter, additional 180-day periods of
22 involuntary treatment may be authorized pursuant to the
23 standards and procedures of this Section without limit.
24 If a new petition to authorize the administration of
25 authorized involuntary treatment is filed at least 15
26 days prior to the expiration of the prior order, and if
27 any continuance of the hearing is agreed to by the
28 recipient, the administration of the treatment may
29 continue in accordance with the prior order pending the
30 completion of a hearing under this Section.
31 (6) An order issued under this subsection (a) shall
32 designate the persons authorized to administer the
33 authorized involuntary treatment under the standards and
34 procedures of this subsection (a). Those persons shall
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1 have complete discretion not to administer any treatment
2 authorized under this Section. The order shall also
3 specify the medications and the anticipated range of
4 dosages that have been authorized.
5 (b) A guardian may be authorized to consent to the
6 administration of authorized involuntary treatment to an
7 objecting recipient only under the standards and procedures
8 of subsection (a).
9 (c) Notwithstanding any other provision of this Section,
10 a guardian may consent to the administration of authorized
11 involuntary treatment to a non-objecting recipient under
12 Article XIa of the Probate Act of 1975.
13 (d) Nothing in this Section shall prevent the
14 administration of authorized involuntary treatment to
15 recipients in an emergency under Section 2-107 of this Act.
16 (e) Notwithstanding any of the provisions of this
17 Section, authorized involuntary treatment may be administered
18 pursuant to a power of attorney for health care under the
19 Powers of Attorney for Health Care Law or a declaration for
20 mental health treatment under the Mental Health Treatment
21 Preference Declaration Act.
22 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
23 90-538, eff. 12-1-97.)
24 (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
25 Sec. 3-813. (a) An initial order for hospitalization
26 shall be for a period not to exceed 90 180 days. Prior to the
27 expiration of the initial order if the facility director
28 believes that the recipient continues to be subject to
29 involuntary admission, a new petition and 2 new certificates
30 may be filed with the court. If a petition is filed, the
31 facility director shall file with the court a current
32 treatment plan which includes an evaluation of the
33 recipient's progress and the extent to which he is benefiting
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1 from treatment. If no petition is filed prior to the
2 expiration of the initial order, the recipient shall be
3 discharged. Following a hearing, the court may order a second
4 period of hospitalization not to exceed 90 180 days only if
5 it finds that the recipient continues to be subject to
6 involuntary admission.
7 (b) Additional 180 day periods of treatment may be
8 sought pursuant to the procedures set out in this Section for
9 so long as the recipient continues to be subject to
10 involuntary admission. The provisions of this chapter which
11 apply whenever an initial order is sought shall apply
12 whenever an additional period of treatment is sought.
13 (Source: P.A. 88-380.)
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