[ Back ] [ Bottom ]
91_SB1508eng
SB1508 Engrossed 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
SB1508 Engrossed -2- LRB9112739DJcd
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 recipient 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 the recipient upon a showing that
33 the continuance is continuances are needed in order to
34 prepare adequately prepare for a hearing under this
SB1508 Engrossed -3- LRB9112739DJcd
1 Section. In exceptional circumstances as determined by
2 the court, the court may, in its discretion, grant an
3 additional continuance not to exceed 30 days continuances
4 if agreed to by all parties. The hearing shall be
5 separate from a judicial proceeding held to determine
6 whether a person is subject to involuntary admission, but
7 the hearing may be held immediately following that
8 judicial proceeding and may be heard by the same trier of
9 fact as in that judicial proceeding.
10 (3) Unless otherwise provided herein, the
11 procedures set forth in Article VIII of Chapter 3 of this
12 Act, including the provisions regarding appointment of
13 counsel, shall govern hearings held under this subsection
14 (a).
15 (4) Authorized involuntary treatment shall not be
16 administered to the recipient unless it has been
17 determined by clear and convincing evidence that all of
18 the following factors are present:
19 (A) That the recipient has a serious mental
20 illness or developmental disability.
21 (B) That because of said mental illness or
22 developmental disability, the recipient exhibits any
23 one of the following: (i) deterioration of his
24 ability to function, (ii) suffering, (iii)
25 threatening behavior, or (iv) disruptive behavior.
26 (C) That the illness or disability has existed
27 for a period marked by the continuing presence of
28 the symptoms set forth in item (B) of this
29 subdivision (4) or the repeated episodic occurrence
30 of these symptoms.
31 (D) That the benefits of the treatment
32 outweigh the harm.
33 (E) That the recipient lacks the capacity to
34 make a reasoned decision about the treatment.
SB1508 Engrossed -4- LRB9112739DJcd
1 (F) That other less restrictive services have
2 been explored and found inappropriate.
3 (G) If the petition seeks authorization for
4 testing and other procedures, that such testing and
5 procedures are essential for the safe and effective
6 administration of the treatment.
7 (5) In no event shall an order issued under this
8 Section be effective for more than 90 days. A second
9 90-day period of involuntary treatment may be authorized
10 pursuant to a hearing that complies However, authorized
11 involuntary treatment may be administered for additional
12 90-day periods without limitation under hearings that
13 comply with the above standards and procedures of this
14 subsection (a). Thereafter, additional 180-day periods of
15 involuntary treatment may be authorized pursuant to the
16 standards and procedures of this Section without limit.
17 If a new petition to authorize the administration of
18 authorized involuntary treatment is filed at least 15
19 days prior to the expiration of the prior order, and if
20 any continuance of the hearing is agreed to by the
21 recipient, the administration of the treatment may
22 continue in accordance with the prior order pending the
23 completion of a hearing under this Section.
24 (6) An order issued under this subsection (a) shall
25 designate the persons authorized to administer the
26 authorized involuntary treatment under the standards and
27 procedures of this subsection (a). Those persons shall
28 have complete discretion not to administer any treatment
29 authorized under this Section. The order shall also
30 specify the medications and the anticipated range of
31 dosages that have been authorized.
32 (b) A guardian may be authorized to consent to the
33 administration of authorized involuntary treatment to an
34 objecting recipient only under the standards and procedures
SB1508 Engrossed -5- LRB9112739DJcd
1 of subsection (a).
2 (c) Notwithstanding any other provision of this Section,
3 a guardian may consent to the administration of authorized
4 involuntary treatment to a non-objecting recipient under
5 Article XIa of the Probate Act of 1975.
6 (d) Nothing in this Section shall prevent the
7 administration of authorized involuntary treatment to
8 recipients in an emergency under Section 2-107 of this Act.
9 (e) Notwithstanding any of the provisions of this
10 Section, authorized involuntary treatment may be administered
11 pursuant to a power of attorney for health care under the
12 Powers of Attorney for Health Care Law or a declaration for
13 mental health treatment under the Mental Health Treatment
14 Preference Declaration Act.
15 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96;
16 90-538, eff. 12-1-97.)
17 (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
18 Sec. 3-813. (a) An initial order for hospitalization
19 shall be for a period not to exceed 90 180 days. Prior to the
20 expiration of the initial order if the facility director
21 believes that the recipient continues to be subject to
22 involuntary admission, a new petition and 2 new certificates
23 may be filed with the court. If a petition is filed, the
24 facility director shall file with the court a current
25 treatment plan which includes an evaluation of the
26 recipient's progress and the extent to which he is benefiting
27 from treatment. If no petition is filed prior to the
28 expiration of the initial order, the recipient shall be
29 discharged. Following a hearing, the court may order a second
30 period of hospitalization not to exceed 90 180 days only if
31 it finds that the recipient continues to be subject to
32 involuntary admission.
33 (b) Additional 180 day periods of treatment may be
SB1508 Engrossed -6- LRB9112739DJcd
1 sought pursuant to the procedures set out in this Section for
2 so long as the recipient continues to be subject to
3 involuntary admission. The provisions of this chapter which
4 apply whenever an initial order is sought shall apply
5 whenever an additional period of treatment is sought.
6 (Source: P.A. 88-380.)
[ Top ]