102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3617

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/3-100  from Ch. 91 1/2, par. 3-100
405 ILCS 5/3-811  from Ch. 91 1/2, par. 3-811

    Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the Code over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment involving the administration of psychotropic medication and electroconvulsive therapy. Deletes provision that limits jurisdiction to persons not charged with a felony. Provides that except as provided in the Fitness for Trial, to Plead or to be Sentenced Article of the Code of Criminal Procedure of 1963, no respondent who has pending felony charges, may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees.


LRB102 11830 RLC 17165 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3617LRB102 11830 RLC 17165 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 3-100 and
63-811 as follows:
 
7    (405 ILCS 5/3-100)  (from Ch. 91 1/2, par. 3-100)
8    Sec. 3-100. The circuit court has jurisdiction under this
9Chapter over persons not charged with a felony who are:
10    (1) subject to involuntary admission on an inpatient basis
11as defined in Section 1-119 of this Code;
12     (2) subject to involuntary admission on an outpatient
13basis as defined in Section 1-119.1 of this Code; or
14    (3) in need of treatment under Section 2-107.1 of this
15Code. Inmates of penal institutions shall not be considered as
16charged with a felony within the meaning of this Chapter.
17Court proceedings under Article VIII of this Chapter may be
18instituted as to any such inmate at any time within 90 days
19prior to discharge of such inmate by expiration of sentence or
20otherwise, and if such inmate is found to be subject to
21involuntary admission, the order of the court ordering
22hospitalization or other disposition shall become effective at
23the time of discharge of the inmate from penal custody. The

 

 

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1circuit court has jurisdiction over all persons alleged to be
2in need of treatment under Section 2-107.1 of this Code,
3whether or not they are charged with a felony.
4(Source: P.A. 99-179, eff. 7-29-15.)
 
5    (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)
6    Sec. 3-811. Involuntary admission; alternative mental
7health facilities.
8    (a) If any person is found subject to involuntary
9admission on an inpatient basis, the court shall consider
10alternative mental health facilities which are appropriate for
11and available to the respondent, including but not limited to
12hospitalization. The court may order the respondent to undergo
13a program of hospitalization in a mental health facility
14designated by the Department, in a licensed private hospital
15or private mental health facility if it agrees, or in a
16facility of the United States Veterans Administration if it
17agrees. If any person is found subject to involuntary
18admission on an outpatient basis, the court may order the
19respondent to undergo a program of alternative treatment; or
20the court may place the respondent in the care and custody of a
21relative or other person willing and able to properly care for
22him or her. The court shall order the least restrictive
23alternative for treatment which is appropriate. Except as
24provided in Section 104-10 of the Code of Criminal Procedure
25of 1963, no respondent who has pending felony charges, may be

 

 

HB3617- 3 -LRB102 11830 RLC 17165 b

1ordered to undergo a program of hospitalization in a mental
2health facility operated by the Department unless the
3Department agrees.
4    (b) Whenever a person is found subject to involuntary
5admission on an inpatient or outpatient basis, notice shall be
6provided to the petitioner, orally and in writing, of his or
7her right to receive notice of the recipient's discharge
8pursuant to Section 3-902(d).
9    (c) An order that a person is found subject to involuntary
10admission on an inpatient basis does not eliminate any
11obligations under the federal Emergency Medical Transport and
12Active Labor Act (EMTALA) of the transferring facility toward
13the receiving facility. Before implementing an order, the
14transferring facility shall notify the receiving facility of
15the recipient and obtain medical clearance for the recipient.
16(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
1796-1453, eff. 8-20-10; 97-130, eff. 7-14-11.)