HB5236 103RD GENERAL ASSEMBLY

LRB103 39336 KTG 69498 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5236

Introduced 2/9/2024, by Rep. Bradley Fritts - Travis Weaver

SYNOPSIS AS INTRODUCED:

20 ILCS 301/Art. 26 heading new
20 ILCS 301/26-1 new
20 ILCS 301/26-2 new
20 ILCS 301/26-5 new
20 ILCS 301/26-10 new
20 ILCS 301/26-15 new
20 ILCS 301/26-20 new
20 ILCS 301/26-25 new
20 ILCS 301/26-30 new
20 ILCS 301/26-45 new
20 ILCS 301/26-50 new
20 ILCS 301/26-55 new
20 ILCS 301/26-60 new
20 ILCS 301/26-65 new

Amends the Substance Use Disorder Act. Provides that, subject to appropriation, the Department of Human Services shall establish and administer pilot programs in the counties of Lee, Whiteside, Ogle, and Tazewell that allow for court-ordered involuntary treatment for persons 18 years of age or older who have a substance use disorder. Requires the pilot programs to be implemented no later than January 1, 2025 with an end date of January 1, 2029. Provides that under the pilot programs, no person shall be ordered to undergo involuntary treatment for a substance use disorder unless that person: (i) suffers from a substance use disorder; (ii) presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a substantial likelihood of such a threat in the near future; and (iii) can reasonably benefit from treatment. Contains provisions concerning the rights of persons subject to involuntary treatment; forms; jurisdiction; petition requirements; court and medical examinations; emergency hospitalization; the consequences of failing to attend examinations; summons; hospitals and treatment facilities; and defined terms. Requires the Department to submit a report to the General Assembly, no later than July 1, 2029, on the effectiveness and efficiency of each county's pilot program. Sets out certain data and information that must be included in the report. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Substance Use Disorder Act is amended by adding Article 26 as follows:

(20 ILCS 301/Art. 26 heading new)

ARTICLE 26. INVOLUNTARY TREATMENT FOR SUBSTANCE USE DISORDERS

PILOT PROGRAMS

(20 ILCS 301/26-1 new)

Sec. 26-1. Pilot programs. Subject to appropriation, the Department shall establish and administer pilot programs in the counties of Lee, Whiteside, Ogle, and Tazewell that allow for court-ordered involuntary treatment for persons 18 years of age or older who have a substance use disorder. The pilot programs shall be implemented no later than January 1, 2025 and shall end on January 1, 2029. Each county pilot program shall implement the procedures and requirements set forth in this Article. No later than July 1, 2029, the Department shall submit a report to the General Assembly on the effectiveness and efficiency of each county's pilot program. The report shall include the following data and information for each pilot program:

(1) The number of persons who received court-ordered involuntary treatment for a substance use disorder.

(2) The number and type of treatment services provided to persons subject to court-ordered involuntary treatment for a substance use disorder.

(3) A summary description of the most effective treatment services provided under paragraph (2).

(20 ILCS 301/26-2 new)

Sec. 26-2. Definitions. As used in this Article:

"Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, and mental health centers which provide treatment for such persons.

"Person" or "respondent" means a person 18 years of age or older for whom a court order for involuntary treatment for a substance use disorder is sought.

"Narcotic treatment program" means a substance use disorder program using approved controlled substances and offering a range of treatment procedures and services for the rehabilitation of persons dependent on opium, morphine, heroin, or any derivative or synthetic drug of that group.

"Treatment" means inpatient services and programs for the care and rehabilitation of intoxicated persons and persons suffering from substance use disorders. "Treatment" includes those services provided by the Department and services provided by a narcotic treatment program.

(20 ILCS 301/26-5 new)

Sec. 26-5. Rights of persons subject to involuntary treatment. Involuntary treatment ordered for a person suffering from a substance use disorder shall follow the procedures set forth in this Article. Except as otherwise provided in this Article, all rights guaranteed to persons subject to involuntary admission on an inpatient basis under Articles I, II, VI, VII, VIII, and XI of Chapter III of the Mental Health and Developmental Disabilities Code shall be guaranteed to a person ordered to undergo involuntary treatment for a substance use disorder.

(20 ILCS 301/26-10 new)

Sec. 26-10. Forms. The Department shall prescribe all forms necessary for proceedings under this Article, and all forms used in such proceedings shall comply substantially with the forms so prescribed. The Department shall publish all forms in electronic format and post the forms to its website.

(20 ILCS 301/26-15 new)

Sec. 26-15. Jurisdiction. The circuit court has jurisdiction under this Article over persons subject to involuntary treatment for substance use disorders.

Every petition, certificate, and proof of service required by this Article shall be executed under penalty of perjury as though under oath or affirmation, but no acknowledgment is required.

(20 ILCS 301/26-20 new)

Sec. 26-20. Involuntary treatment. A person 18 years of age or older may be subject to involuntary treatment for a substance use disorder by court order in accordance with this Article. No person shall be ordered to undergo involuntary treatment for a substance use disorder unless that person:

(1) suffers from a substance use disorder;

(2) presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a substantial likelihood of such a threat in the near future; and

(3) can reasonably benefit from treatment.

(20 ILCS 301/26-25 new)

Sec. 26-25. Petition for involuntary treatment. Proceedings for 60 days or 360 days of involuntary treatment for a person suffering from a substance use disorder shall be initiated by the filing of a petition. The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent)." Any spouse, relative, or legal guardian 18 years of age or older may execute a petition asserting that the person is subject to involuntary treatment for a substance use disorder. The petition shall be prepared as required in Section 26-30 and shall be filed with the circuit court in the county where the person resides or is present.

(20 ILCS 301/26-30 new)

Sec. 26-30. Petition requirements. A petition asserting that the respondent is subject to involuntary treatment for a substance use disorder shall include all of the following:

(1) A detailed statement of the reason for the assertion that the respondent is subject to involuntary treatment for a substance use disorder, including the signs and symptoms of substance use and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.

(2) The name and address of the spouse, relative, or legal guardian, if any, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses. If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.

(3) The petitioner's relationship to the respondent and a statement as to whether the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent. If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.

(4) The names, addresses, and phone numbers of the witnesses by which the facts asserted may be proved.

Any petition filed in accordance with this Section shall be accompanied by a guarantee, signed by the petitioner, obligating that person to pay all costs for treatment of the respondent for a substance use disorder that is ordered by the court.

Knowingly making a material false statement in the petition is a Class A misdemeanor.

(20 ILCS 301/26-45 new)

Sec. 26-45. Court and medical examinations.

(a) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition.

(b) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent is subject to involuntary treatment for a substance use disorder on an inpatient basis, then the court shall:

(1) set a date for a hearing within 14 days to determine if there is probable cause to believe the respondent should be subject to involuntary treatment for a substance use disorder;

(2) notify the respondent, the respondent's legal guardian, if any, the respondent's attorney, and the respondent's spouse or relative concerning the allegations and contents of the petition and the date and purpose of the hearing; and

(3) cause the respondent to be examined no later than 24 hours before the hearing by a physician and by a clinical psychologist or a psychiatrist; the examining physician and the examining clinical psychologist or psychiatrist must determine whether the respondent is subject to involuntary treatment for a substance use disorder and shall submit a certificate of all findings to the court within 24 hours of the examination.

(c) If, upon completion of the hearing, the court finds the respondent is subject to involuntary treatment for a substance use disorder, then the court shall order such treatment for a period not to exceed 60 consecutive days from the date of the court order or a period not to exceed 360 consecutive days from the date of the court order, whatever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered in accordance with this subsection may place the respondent in contempt of court.

(d) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed.

(20 ILCS 301/26-50 new)

Sec. 26-50. Emergency hospitalization.

(a) Following an examination by a physician and by a clinical psychologist or a psychiatrist, and upon certification by those examiners that the respondent meets the criteria specified in Section 26-20, the court may order the respondent hospitalized for a period not to exceed 72 hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family, or others as a result of substance use.

(b) Any person who has been admitted to a hospital in accordance with subsection (a) shall be released from the hospital within 72 hours of admittance.

(c) No respondent ordered hospitalized under this Section shall be held in jail pending transportation to the hospital or evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered in accordance with Section 26-45.

(20 ILCS 301/26-55 new)

Sec. 26-55. Failure to attend examinations; summons. When the court is authorized to issue an order that the respondent be transported to a hospital, the court may issue a summons. If the respondent fails to attend an examination scheduled before the hearing provided for in Section 26-45, then the court shall issue a summons. The summons shall be directed to the respondent and shall command the respondent to appear at a time and place therein specified. If a respondent who has been summoned fails to appear at the hospital or the examination, then the court may order the sheriff or other peace officer to transport the respondent to a hospital or treatment facility as designated by the Department. The sheriff or other peace officer may, upon agreement of an individual authorized by the peace officer, authorize the Department, a private agency on contract with the Department, or an ambulance service provider designated by the Department to transport the respondent to the hospital or treatment facility. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the Department shall be included in the costs of treatment for substance use disorders to be paid by the petitioner.

(20 ILCS 301/26-60 new)

Sec. 26-60. Hospitals and treatment facilities. The Department shall, on at least an annual basis, submit the following lists to the various circuit courts:

(1) a list of hospitals and treatment facilities in the State that are able and willing to take respondents ordered to undergo 72 hours of treatment and observation in accordance with Section 26-50; and

(2) a list of hospitals and treatment providers in the State that are able and willing to provide treatment for substance use disorders ordered in accordance with Section 26-45 of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.