Public Act 094-0521
 		





HB3812 Enrolled
LRB094 09019 DRJ 39240 b






    AN ACT in relation to health. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended
by changing Section 3-801 and 
adding Section 3-801.5 as follows:


 
    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)

    Sec. 3-801. A respondent may request admission as an 
informal or voluntary
recipient at any time prior to an 
adjudication that he is subject to
involuntary admission.
The 
facility director shall approve such a request unless the 
facility
director
determines
that the respondent lacks the 
capacity to consent to informal or voluntary
admission or
that 
informal or voluntary admission is clinically inappropriate. 
The director
shall not
find that voluntary admission is 
clinically inappropriate in the absence of a
documented
history 
of the respondent's illness and treatment demonstrating that 
the
respondent is
unlikely to continue to receive needed 
treatment following release from
informal or
voluntary 
admission and that an order for alternative treatment or for 
care and
custody is
necessary in order to ensure continuity of

treatment outside a mental health facility.


    If the facility director approves such a request, the
court 
may dismiss the pending proceedings but may require proof that 
such
dismissal is in the best interest of the respondent and of 
the public.


(Source: P.A. 88-380.)

 
    (405 ILCS 5/3-801.5 new)

    Sec. 3-801.5. Agreed order for alternative treatment or 
care and custody.

    (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
alternative 
treatment or care and custody as provided for in Sections 
3-811,
3-812, 3-813,
and 3-815 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
alternative treatment or 
    care and custody and setting forth in detail the
conditions

    for such an order, and the court is satisfied that the 
    proposal for alternative
treatment or care and custody is 
    in the best interest of the respondent and of
the
public.

        (2) The court advises the respondent of the 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 alternative treatment or care and

    custody.

        (3) The proposed custodian is advised of the 
    recommendation for care and
custody and agrees to abide by 
    the terms of the proposed order.

        (4) No such order may require the respondent to be 
    hospitalized except as
provided in subsection (b) of this 
    Section.

        (5) No order may include as one of its conditions the 
    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.

    (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.

    (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.