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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 
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Disabilities Code is amended  by changing Section 1-119 and  by 
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adding Sections 1-104.5 and 3-811.5 as follows:
 
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    (405 ILCS 5/1-104.5  new)
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    Sec. 1-104.5. "Dangerous conduct" means threatening 
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behavior or conduct that places another individual in 
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reasonable expectation of being harmed, or a person's inability 
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to provide, without the assistance of family or outside help, 
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for his or her basic physical needs so as to guard himself or 
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herself from serious harm.
 



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    (405 ILCS 5/1-119)  (from Ch. 91 1/2, par. 1-119)



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    Sec. 1-119. "Person subject to involuntary admission" 
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means: 


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        (1) A person with mental illness and who because of his 
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    or her illness is
reasonably expected to engage in 
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    dangerous conduct
inflict serious physical harm upon 
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    himself or herself or
another in the near future which may 
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    include threatening behavior or conduct
that places that 
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    person or another individual in reasonable expectation of 
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    being harmed; or


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        (2) A person with mental illness and who because of his 
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    or her illness is
unable to
provide for his or her basic 
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    physical needs so as to guard
himself or
herself from 
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    serious harm without the assistance of family or outside 
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    help; or
.

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        (3) A person with mental illness who, because of the 
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    nature of his or her illness, is unable to understand his 
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    or her need for treatment and who, if not treated, is 
 


 






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    reasonably expected to suffer or continue to suffer mental 
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    deterioration or emotional deterioration, or both, to the 
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    point that the person is reasonably expected to engage in 
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    dangerous conduct.
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    In determining whether a person meets the criteria 
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specified in paragraph
(1)
or
(2), the court may consider 
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evidence of the person's repeated past pattern
of specific 
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behavior
and actions related to the
person's illness.

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(Source: P.A. 93-573, eff. 8-21-03.)

 
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    (405 ILCS 5/3-811.5  new)
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    Sec. 3-811.5. Agreed order for alternative treatment or 
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care and custody.
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    (a) At any time before the conclusion of the hearing and 
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the entry of the court's findings, a respondent may enter into 
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an agreement to be subject to an order for alternative 
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treatment or care and custody as provided in Sections 3-811, 
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3-812, 3-813, and 3-815, provided that:
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        (1) The court and the parties have been presented with 
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    a written report under Section 3-810 containing a 
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    recommendation for alternative treatment or care and 
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    custody and setting forth in detail the conditions for such 
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    an order, and the court is satisfied that the proposal for 
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    alternative treatment or care and custody is in the best 
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    interest of the respondent and of the public.
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        (2) The court advises the respondent of the conditions 
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    of the proposed order in open court and is satisfied that 
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    the respondent understands and agrees to the conditions of 
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    the proposed order for alternative treatment or care and 
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    custody.
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        (3) The proposed custodian is advised of the 
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    recommendation for care and custody and agrees to abide by 
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    the terms of the proposed order.
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        (4) No such order may require the respondent to be 
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    hospitalized except as provided in subsection (b) of this 
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    Section.
 


 






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        (5) No order may include as one of its conditions the 
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    administration of psychotropic medication, unless the 
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    court determines, based on the documented history of the 
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    respondent's treatment or illness manifestations, that the 
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    respondent is unlikely to continue to receive needed 
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    psychotropic medication in the absence of such an order.
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    (b) An agreed order for care and custody entered under this 
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Section may grant the custodian the authority to admit a 
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respondent to a hospital if the respondent fails to comply with 
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the conditions of the agreed order. If necessary in order to 
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obtain the hospitalization of the respondent, the custodian may 
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apply to the court for an order authorizing a peace officer to 
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take the respondent into custody and transport the respondent 
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to the hospital specified in the agreed order. The provisions 
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of Section 3-605 shall govern the transportation of the 
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respondent to a mental health facility, except to the extent 
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that those provisions are inconsistent with this Section. A 
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person admitted to a hospital pursuant to powers granted under 
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an agreed order for care and custody shall be treated as a 
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voluntary recipient pursuant to Article IV of this Chapter and 
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shall be advised immediately of his or her right to request a 
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discharge under Section 3-403.
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    (c) If the court has appointed counsel for the respondent 
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under Section
3-805, that appointment shall continue for the 
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duration of any order entered under this Section, and the 
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respondent shall be represented by counsel in any proceeding 
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held under this Section.
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    (d) An order entered under this Section does not constitute 
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a finding that the respondent is subject to involuntary 
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admission.
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    (e) Nothing in this Section shall be deemed to create an 
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agency relationship between the respondent and any custodian 
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appointed under this Section.
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    (f) Notwithstanding any other provision of Illinois law to 
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the contrary, a respondent may not be cited for contempt for 
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violating the terms and conditions of his or her agreed order 
 


 






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of care and custody.