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Public Act 099-0220
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| SB0834 Enrolled | LRB099 03852 RLC 23866 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Code is amended by changing Section 3-800 as |
follows:
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
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Sec. 3-800.
(a) Unless otherwise indicated, court hearings |
under this
Chapter shall be held pursuant to this Article. |
Hearings shall be held
in such quarters as the court directs.
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To the extent practical, hearings shall be held in the mental |
health facility
where the respondent is hospitalized. Any party |
may request a change of
venue or transfer to any other county |
because of the convenience of parties
or witnesses or the |
condition of the respondent. The respondent may
request to have |
the proceedings transferred to the county of his or her |
residence. The court shall grant the request if and only if the |
court determines that the transfer is necessary to ensure the |
attendance of any material witness.
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(b) If the court grants a continuance on its own motion or |
upon the motion
of one of the parties, the respondent may |
continue to be detained pending
further order of the court. |
Such continuance shall not extend beyond 15
days except to the |
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extent that continuances are requested by the respondent.
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(c) Court hearings under this Chapter, including hearings |
under Section
2-107.1, shall be open to the press and public |
unless the
respondent or some other party requests that they be |
closed. The court may
also indicate its intention to close a |
hearing, including when it determines
that the respondent may |
be unable to make a reasoned decision to request that
the
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hearing be closed. A request that a hearing be closed shall be
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granted unless there is an objection to closing the hearing by |
a party or any
other person. If
an objection is made, the court |
shall not close the hearing unless, following a
hearing, it |
determines that the patient's interest in having the hearing |
closed
is compelling. The court shall support its determination |
with written findings
of fact and conclusions of law. The court |
shall not close the hearing if the
respondent objects to its |
closure. Whenever a court determines that a hearing
shall be |
closed, access to the records of the hearing, including but not
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limited to transcripts and pleadings, shall be limited to the |
parties involved
in the hearing, court personnel, and any |
person or agency providing mental
health services that are the |
subject of the hearing. Access may also
be granted, however, |
pursuant to the provisions of the Mental Health and
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Developmental
Disabilities Confidentiality Act. |
(d) The provisions of subsection (a-5) of Section 6 of the |
Rights of Crime Victims and Witnesses Act shall apply to the |
initial commitment hearing, as provided under Section 5-2-4 of |
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the Unified Code of Corrections, for a respondent found not |
guilty by reason of insanity of a violent crime in a criminal |
proceeding and the hearing has been ordered by the court under |
this Code to determine if the defendant is: |
(1) in need of mental health services on an inpatient |
basis; |
(2) in need of mental health services on an outpatient |
basis; or |
(3) not in need of mental health services. |
While the impact statement to the court allowed under this |
subsection (d) may include the impact that the respondent's |
criminal conduct has had upon the victim, victim's |
representative, or victim's family or household member, the |
court may only consider the impact statement along with all |
other appropriate factors in determining the: |
(i) threat of serious physical harm posed by the |
respondent to himself or herself, or to another person; |
(ii) location of inpatient or outpatient mental health |
services ordered by the court, but only after complying |
with all other applicable administrative requirements, |
rules, and statutory requirements; |
(iii) maximum period of commitment for inpatient |
mental health services; and |
(iv) conditions of release for outpatient mental |
health services ordered by the court.
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(e) Notwithstanding the provisions of Section 2-1009 of the |