Health & Healthcare Disparities Committee

Filed: 4/22/2010

 

 


 

 


 
09600SB3129ham001 LRB096 14618 KTG 40241 a

1
AMENDMENT TO SENATE BILL 3129

2     AMENDMENT NO. ______. Amend Senate Bill 3129 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing Sections 1-119, 3-600,
6 3-601, 3-602, 3-603, 3-606, 3-607, 3-610, 3-700, 3-701, 3-702,
7 3-703, 3-704, 3-801, 3-801.5, 3-802, 3-805, 3-807, 3-808,
8 3-809, 3-810, 3-811, 3-812, 3-813, 3-900, 3-901, and 3-902, by
9 changing the heading of Article VII of Chapter III, by adding
10 Section 1-119.1, and by adding Article VII-A to Chapter III as
11 follows:
 
12     (405 ILCS 5/1-119)  (from Ch. 91 1/2, par. 1-119)
13     Sec. 1-119. "Person subject to involuntary admission on an
14 inpatient basis" means:
15         (1) A person with mental illness and who because of his
16     or her illness is reasonably expected, unless treated on an

 

 

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1     inpatient basis, to engage in conduct placing such person
2     or another in physical harm or in reasonable expectation of
3     being physically harmed dangerous conduct which may
4     include threatening behavior or conduct that places that
5     person or another individual in reasonable expectation of
6     being harmed;
7         (2) A person with mental illness and who because of his
8     or her illness is unable to provide for his or her basic
9     physical needs so as to guard himself or herself from
10     serious harm without the assistance of family or others,
11     unless treated on an inpatient basis outside help; or
12         (3) A person with mental illness who:
13             (i) refuses treatment or is not adhering
14         adequately to prescribed treatment;
15             (ii) because of the nature of his or her illness,
16         is unable to understand his or her need for treatment;
17         and
18             (iii) if not treated, is reasonably expected,
19         based on his or her behavioral history, to suffer
20         mental or emotional deterioration and, after such
21         deterioration, meets the criteria of either paragraph
22         (1) or paragraph (2) of this Section. , because of the
23         nature of his or her illness, is unable to understand
24         his or her need for treatment and who, if not treated,
25         is reasonably expected to suffer or continue to suffer
26         mental deterioration or emotional deterioration, or

 

 

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1         both, to the point that the person is reasonably
2         expected to engage in dangerous conduct.
3     In determining whether a person meets the criteria
4 specified in paragraph (1), (2), or (3), the court may consider
5 evidence of the person's repeated past pattern of specific
6 behavior and actions related to the person's illness.
7 (Source: P.A. 95-602, eff. 6-1-08.)"; and
 
8     (405 ILCS 5/1-119.1 new)
9     Sec. 1-119.1. "Person subject to involuntary admission on
10 an outpatient basis" means:
11         (1) A person who would meet the criteria for admission
12     on an inpatient basis as specified in Section 1-119 in the
13     absence of treatment on an outpatient basis and for whom
14     treatment on an outpatient basis can only be reasonably
15     ensured by a court order mandating such treatment; or
16         (2) A person with a mental illness which, if left
17     untreated, is reasonably expected to result in an increase
18     in the symptoms caused by the illness to the point that the
19     person would meet the criteria for commitment under Section
20     1-119, and whose mental illness has, on more than one
21     occasion in the past, caused that person to refuse needed
22     and appropriate mental health services in the community.
 
23     (405 ILCS 5/3-600)  (from Ch. 91 1/2, par. 3-600)
24     Sec. 3-600. A person 18 years of age or older who is

 

 

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1 subject to involuntary admission on an inpatient basis and in
2 need of immediate hospitalization may be admitted to a mental
3 health facility pursuant to this Article.
4 (Source: P.A. 80-1414.)
 
5     (405 ILCS 5/3-601)  (from Ch. 91 1/2, par. 3-601)
6     Sec. 3-601. Involuntary admission; petition.
7     (a) When a person is asserted to be subject to involuntary
8 admission on an inpatient basis and in such a condition that
9 immediate hospitalization is necessary for the protection of
10 such person or others from physical harm, any person 18 years
11 of age or older may present a petition to the facility director
12 of a mental health facility in the county where the respondent
13 resides or is present. The petition may be prepared by the
14 facility director of the facility.
15     (b) The petition shall include all of the following:
16         1. A detailed statement of the reason for the assertion
17     that the respondent is subject to involuntary admission on
18     an inpatient basis, including the signs and symptoms of a
19     mental illness and a description of any acts, threats, or
20     other behavior or pattern of behavior supporting the
21     assertion and the time and place of their occurrence.
22         2. The name and address of the spouse, parent,
23     guardian, substitute decision maker, if any, and close
24     relative, or if none, the name and address of any known
25     friend of the respondent whom the petitioner has reason to

 

 

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1     believe may know or have any of the other names and
2     addresses. If the petitioner is unable to supply any such
3     names and addresses, the petitioner shall state that
4     diligent inquiry was made to learn this information and
5     specify the steps taken.
6         3. The petitioner's relationship to the respondent and
7     a statement as to whether the petitioner has legal or
8     financial interest in the matter or is involved in
9     litigation with the respondent. If the petitioner has a
10     legal or financial interest in the matter or is involved in
11     litigation with the respondent, a statement of why the
12     petitioner believes it would not be practicable or possible
13     for someone else to be the petitioner.
14         4. The names, addresses and phone numbers of the
15     witnesses by which the facts asserted may be proved.
16     (c) Knowingly making a material false statement in the
17 petition is a Class A misdemeanor.
18 (Source: P.A. 91-726, eff. 6-2-00; 92-651, eff. 7-11-02.)
 
19     (405 ILCS 5/3-602)  (from Ch. 91 1/2, par. 3-602)
20     Sec. 3-602. The petition shall be accompanied by a
21 certificate executed by a physician, qualified examiner,
22 psychiatrist, or clinical psychologist which states that the
23 respondent is subject to involuntary admission on an inpatient
24 basis and requires immediate hospitalization. The certificate
25 shall indicate that the physician, qualified examiner,

 

 

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1 psychiatrist, or clinical psychologist personally examined the
2 respondent not more than 72 hours prior to admission. It shall
3 also contain the physician's, qualified examiner's,
4 psychiatrist's, or clinical psychologist's clinical
5 observations, other factual information relied upon in
6 reaching a diagnosis, and a statement as to whether the
7 respondent was advised of his rights under Section 3-208.
8 (Source: P.A. 80-1414.)
 
9     (405 ILCS 5/3-603)  (from Ch. 91 1/2, par. 3-603)
10     Sec. 3-603. (a) If no physician, qualified examiner,
11 psychiatrist, or clinical psychologist is immediately
12 available or it is not possible after a diligent effort to
13 obtain the certificate provided for in Section 3-602, the
14 respondent may be detained for examination in a mental health
15 facility upon presentation of the petition alone pending the
16 obtaining of such a certificate.
17     (b) In such instance the petition shall conform to the
18 requirements of Section 3-601 and further specify that:
19         1. the petitioner believes, as a result of his personal
20     observation, that the respondent is subject to involuntary
21     admission on an inpatient basis;
22         2. a diligent effort was made to obtain a certificate;
23         3. no physician, qualified examiner, psychiatrist, or
24     clinical psychologist could be found who has examined or
25     could examine the respondent; and

 

 

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1         4. a diligent effort has been made to convince the
2     respondent to appear voluntarily for examination by a
3     physician, qualified examiner, psychiatrist, or clinical
4     psychologist, unless the petitioner reasonably believes
5     that effort would impose a risk of harm to the respondent
6     or others.
7 (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16,
8 eff. 6-28-01.)
 
9     (405 ILCS 5/3-606)  (from Ch. 91 1/2, par. 3-606)
10     Sec. 3-606. A peace officer may take a person into custody
11 and transport him to a mental health facility when the peace
12 officer has reasonable grounds to believe that the person is
13 subject to involuntary admission on an inpatient basis and in
14 need of immediate hospitalization to protect such person or
15 others from physical harm. Upon arrival at the facility, the
16 peace officer may complete the petition under Section 3-601. If
17 the petition is not completed by the peace officer transporting
18 the person, the transporting officer's name, badge number, and
19 employer shall be included in the petition as a potential
20 witness as provided in Section 3-601 of this Chapter.
21 (Source: P.A. 94-202, eff. 7-12-05.)
 
22     (405 ILCS 5/3-607)  (from Ch. 91 1/2, par. 3-607)
23     Sec. 3-607. Court ordered temporary detention and
24 examination. When, as a result of personal observation and

 

 

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1 testimony in open court, any court has reasonable grounds to
2 believe that a person appearing before it is subject to
3 involuntary admission on an inpatient basis and in need of
4 immediate hospitalization to protect such person or others from
5 physical harm, the court may enter an order for the temporary
6 detention and examination of such person. The order shall set
7 forth in detail the facts which are the basis for its
8 conclusion. The court may order a peace officer to take the
9 person into custody and transport him to a mental health
10 facility. The person may be detained for examination for no
11 more than 24 hours to determine whether or not she or he is
12 subject to involuntary admission and in need of immediate
13 hospitalization. If a petition and certificate, as provided in
14 this Article, are executed within the 24 hours, the person may
15 be admitted provided that the certificate states that the
16 person is both subject to involuntary admission and in need of
17 immediate hospitalization. If the certificate states that the
18 person is subject to involuntary admission but not in need of
19 immediate hospitalization, the person may remain in his or her
20 place of residence pending a hearing on the petition unless he
21 or she voluntarily agrees to inpatient treatment. The and the
22 provisions of this Article shall apply to all petitions and
23 certificates executed pursuant to this Section. If no petition
24 or certificate is executed, the person shall be released.
25 (Source: P.A. 91-726, eff. 6-2-00.)
 

 

 

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1     (405 ILCS 5/3-610)  (from Ch. 91 1/2, par. 3-610)
2     Sec. 3-610. As soon as possible but not later than 24
3 hours, excluding Saturdays, Sundays and holidays, after
4 admission of a respondent pursuant to this Article, the
5 respondent shall be examined by a psychiatrist. The
6 psychiatrist may be a member of the staff of the facility but
7 shall not be the person who executed the first certificate. If
8 a certificate has already been completed by a psychiatrist
9 following the respondent's admission, the respondent shall be
10 examined by another psychiatrist or by a physician, clinical
11 psychologist, or qualified examiner. If, as a result of this
12 second examination, a certificate is executed, the certificate
13 shall be promptly filed with the court. If the certificate
14 states that the respondent is subject to involuntary admission
15 but not in need of immediate hospitalization, the respondent
16 may remain in his or her place of residence pending a hearing
17 on the petition unless he or she voluntarily agrees to
18 inpatient treatment. If the respondent is not examined or if
19 the psychiatrist, physician, clinical psychologist, or
20 qualified examiner does not execute a certificate pursuant to
21 Section 3-602, the respondent shall be released forthwith.
22 (Source: P.A. 80-1414.)
 
23     (405 ILCS 5/Ch. III Art. VII heading)
24
ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER

 

 

 

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1     (405 ILCS 5/3-700)  (from Ch. 91 1/2, par. 3-700)
2     Sec. 3-700. A person 18 years of age or older who is
3 subject to involuntary admission on an inpatient basis may be
4 admitted to an inpatient a mental health facility upon court
5 order pursuant to this Article.
6 (Source: P.A. 80-1414.)
 
7     (405 ILCS 5/3-701)  (from Ch. 91 1/2, par. 3-701)
8     Sec. 3-701. (a) Any person 18 years of age or older may
9 execute a petition asserting that another person is subject to
10 involuntary admission on an inpatient basis. The petition shall
11 be prepared pursuant to paragraph (b) of Section 3-601 and
12 shall be filed with the court in the county where the
13 respondent resides or is present.
14     (b) The court may inquire of the petitioner whether there
15 are reasonable grounds to believe that the facts stated in the
16 petition are true and whether the respondent is subject to
17 involuntary admission. The inquiry may proceed without notice
18 to the respondent only if the petitioner alleges facts showing
19 that an emergency exists such that immediate hospitalization is
20 necessary and the petitioner testifies before the court as to
21 the factual basis for the allegations.
22     (c) A petition for involuntary admission on an inpatient
23 basis may be combined with or accompanied by a petition for
24 involuntary admission on an outpatient basis under Article
25 VII-A.

 

 

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1 (Source: P.A. 91-837, eff. 6-16-00.)
 
2     (405 ILCS 5/3-702)  (from Ch. 91 1/2, par. 3-702)
3     Sec. 3-702. (a) The petition may be accompanied by the
4 certificate of a physician, qualified examiner, psychiatrist,
5 or clinical psychologist which certifies that the respondent is
6 subject to involuntary admission on an inpatient basis and
7 which contains the other information specified in Section
8 3-602.
9     (b) Upon receipt of the petition either with or without a
10 certificate, if the court finds the documents are in order, it
11 may make such orders pursuant to Section 3-703 as are necessary
12 to provide for examination of the respondent. If the petition
13 is not accompanied by 2 certificates executed pursuant to
14 Section 3-703, the court may order the respondent to present
15 himself for examination at a time and place designated by the
16 court. If the petition is accompanied by 2 certificates
17 executed pursuant to Section 3-703 and the court finds the
18 documents are in order, it shall set the matter for hearing.
19 (Source: P.A. 91-726, eff. 6-2-00.)
 
20     (405 ILCS 5/3-703)  (from Ch. 91 1/2, par. 3-703)
21     Sec. 3-703. If no certificate was filed, the respondent
22 shall be examined separately by a physician, or clinical
23 psychologist, or qualified examiner and by a psychiatrist. If a
24 certificate executed by a psychiatrist was filed, the

 

 

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1 respondent shall be examined by a physician, clinical
2 psychologist, qualified examiner, or psychiatrist. If a
3 certificate executed by a qualified examiner, clinical
4 psychologist, or a physician who is not a psychiatrist was
5 filed, the respondent shall be examined by a psychiatrist. The
6 examining physician, clinical psychologist, qualified examiner
7 or psychiatrist may interview by telephone or in person any
8 witnesses or other persons listed in the petition for
9 involuntary admission. If, as a result of an examination, a
10 certificate is executed, the certificate shall be promptly
11 filed with the court. If a certificate is executed, the
12 examining physician, clinical psychologist, qualified examiner
13 or psychiatrist may also submit for filing with the court a
14 report in which his findings are described in detail, and may
15 rely upon such findings for his opinion that the respondent is
16 subject to involuntary admission on an inpatient basis. Copies
17 of the certificates shall be made available to the attorneys
18 for the parties upon request prior to the hearing. A
19 certificate prepared in compliance with this Article shall
20 state whether or not the respondent is in need of immediate
21 hospitalization. However, if both the certificates state that
22 the respondent is not in need of immediate hospitalization, the
23 respondent may remain in his or her place of residence pending
24 a hearing on the petition unless he or she voluntarily agrees
25 to inpatient treatment.
26 (Source: P.A. 85-558.)
 

 

 

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1     (405 ILCS 5/3-704)  (from Ch. 91 1/2, par. 3-704)
2     Sec. 3-704. Examination; detention.
3     (a) The respondent shall be permitted to remain in his or
4 her place of residence pending any examination. The respondent
5 may be accompanied by one or more of his or her relatives or
6 friends or by his or her attorney to the place of examination.
7 If, however, the court finds that it is necessary in order to
8 complete the examination the court may order that the person be
9 admitted to a mental health facility pending examination and
10 may order a peace officer or other person to transport the
11 person there. The examination shall be conducted at a local
12 mental health facility or hospital or, if possible, in the
13 respondent's own place of residence. No person may be detained
14 for examination under this Section for more than 24 hours. The
15 person shall be released upon completion of the examination
16 unless the physician, qualified examiner or clinical
17 psychologist executes a certificate stating that the person is
18 subject to involuntary admission on an inpatient basis and in
19 need of immediate hospitalization to protect such person or
20 others from physical harm. Upon admission under this Section
21 treatment may be given pursuant to Section 3-608.
22     (a-5) Whenever a respondent has been transported to a
23 mental health facility for an examination, the admitting
24 facility shall inquire, upon the respondent's arrival, whether
25 the respondent wishes any person or persons to be notified of

 

 

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1 his or her detention at that facility. If the respondent does
2 wish to have any person or persons notified of his or her
3 detention at the facility, the facility must promptly make all
4 reasonable attempts to locate the individual identified by the
5 respondent, or at least 2 individuals identified by the
6 respondent if more than one has been identified, and notify
7 them of the respondent's detention at the facility for a
8 mandatory examination pursuant to court order.
9     (b) Not later than 24 hours, excluding Saturdays, Sundays,
10 and holidays, after admission under this Section, the
11 respondent shall be asked if he desires the petition and the
12 notice required under Section 3-206 sent to any other persons
13 and at least 2 such persons designated by the respondent shall
14 be sent the documents. At the time of his admission the
15 respondent shall be allowed to complete not fewer than 2
16 telephone calls to such persons as he chooses.
17 (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16,
18 eff. 6-28-01.)
 
19     (405 ILCS 5/Ch. III Art. VII-A heading new)
20
ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER

 
21     (405 ILCS 5/3-750 new)
22     Sec. 3-750. Involuntary admission on an outpatient basis. A
23 person 18 years of age or older who is subject to involuntary
24 admission on an outpatient basis may receive alternative

 

 

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1 treatment in the community or may be placed in the care and
2 custody of a relative or other person upon court order pursuant
3 to this Article.
 
4     (405 ILCS 5/3-751 new)
5     Sec. 3-751. Involuntary admission; petition.
6     (a) Any person 18 years of age or older may execute a
7 petition asserting that another person is subject to
8 involuntary admission on an outpatient basis. The petition
9 shall be prepared pursuant to paragraph (b) of Section 3-601
10 and shall be filed with the court in the county where the
11 respondent resides or is present.
12     (b) The court may inquire of the petitioner whether there
13 are reasonable grounds to believe that the facts stated in the
14 petition are true and whether the respondent is subject to
15 involuntary admission on an outpatient basis.
16     (c) A petition for involuntary admission on an outpatient
17 basis may be combined with or accompanied by a petition for
18 involuntary admission on an inpatient basis under Article VII.
 
19     (405 ILCS 5/3-752 new)
20     Sec. 3-752. Certificate.
21     (a) The petition may be accompanied by the certificate of a
22 physician, qualified examiner, psychiatrist, or clinical
23 psychologist which certifies that the respondent is subject to
24 involuntary admission on an outpatient basis. The certificate

 

 

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1 shall indicate that the physician, qualified examiner, or
2 clinical psychologist personally examined the respondent not
3 more than 72 hours prior to the completion of the certificate.
4 It shall also contain the physician's, qualified examiner's, or
5 clinical psychologist's clinical observations, other factual
6 information relied upon in reaching a diagnosis, and a
7 statement as to whether the respondent was advised of his or
8 her rights under Section 3-208.
9     (b) Upon receipt of the petition either with or without a
10 certificate, if the court finds the documents are in order, it
11 may make such orders pursuant to Section 3-753 as are necessary
12 to provide for examination of the respondent. If the petition
13 is not accompanied by 2 certificates executed pursuant to
14 Section 3-753, the court may order the respondent to present
15 himself or herself for examination at a time and place
16 designated by the court. If the petition is accompanied by 2
17 certificates executed pursuant to Section 3-753 and the court
18 finds the documents are in order, the court shall set the
19 matter for hearing.
 
20     (405 ILCS 5/3-753 new)
21     Sec. 3-753. Examination. If no certificate was filed, the
22 respondent shall be examined separately by a physician, or
23 clinical psychologist or qualified examiner and by a
24 psychiatrist. If a certificate executed by a psychiatrist was
25 filed, the respondent shall be examined by a physician,

 

 

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1 clinical psychologist, qualified examiner, or psychiatrist. If
2 a certificate executed by a qualified examiner, clinical
3 psychologist, or a physician who is not a psychiatrist was
4 filed, the respondent shall be examined by a psychiatrist. The
5 examining physician, clinical psychologist, qualified examiner
6 or psychiatrist may interview by telephone or in person any
7 witnesses or other persons listed in the petition for
8 involuntary admission. If, as a result of an examination, a
9 certificate is executed, the certificate shall be promptly
10 filed with the court. If a certificate is executed, the
11 examining physician, clinical psychologist, qualified examiner
12 or psychiatrist may also submit for filing with the court a
13 report in which his or her findings are described in detail,
14 and may rely upon such findings for his opinion that the
15 respondent is subject to involuntary admission. Copies of the
16 certificates shall be made available to the attorneys for the
17 parties upon request prior to the hearing.
 
18     (405 ILCS 5/3-754 new)
19     Sec. 3-754. Detention.
20     (a) The respondent shall be permitted to remain in his or
21 her place of residence pending any examination. The respondent
22 may be accompanied by one or more of his or her relatives or
23 friends or by his or her attorney to the place of examination.
24 If, however, the respondent refuses to cooperate with an
25 examination on an outpatient basis, the court may order that

 

 

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1 the person be admitted to a mental health facility solely for
2 the purpose of such examination and may order a peace officer
3 or other person to transport the person there. The examination
4 shall be conducted at a local mental health facility or
5 hospital or, if possible, in the respondent's own place of
6 residence. No person may be detained for examination under this
7 Section for more than 24 hours. The person shall be released
8 upon completion of the examination unless the physician,
9 qualified examiner or clinical psychologist executes a
10 certificate stating that the person is subject to involuntary
11 admission on an inpatient basis and in need of immediate
12 hospitalization to protect such person or others from physical
13 harm and a petition is filed pursuant to Section 3-701. Upon
14 admission under this Section treatment may be given pursuant to
15 Section 3-608. If the respondent is admitted on an inpatient
16 basis, the facility shall proceed pursuant to Article VII.
17     (b) Whenever a respondent has been transported to a mental
18 health facility for an examination, the admitting facility
19 shall inquire, upon the respondent's arrival, whether the
20 respondent wishes any person or persons to be notified of his
21 or her detention at that facility. If the respondent does wish
22 to have any person or persons notified of his or her detention
23 at the facility, the facility must promptly make all reasonable
24 attempts to locate the individual identified by the respondent,
25 or at least 2 individuals identified by the respondent if more
26 than one has been identified, and notify them of the

 

 

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1 respondent's detention at the facility for a mandatory
2 examination pursuant to court order.
 
3     (405 ILCS 5/3-755 new)
4     Sec. 3-755. Notice. At least 36 hours before the time of
5 the examination fixed by the court, a copy of the petition, the
6 order for examination, and a statement of rights as provided in
7 Section 3-205 shall be personally delivered to the person and
8 shall be given personally or sent by mail to his or her
9 attorney and guardian, if any. If the respondent is admitted to
10 a mental health facility for examination under Section 3-754,
11 such notices may be delivered at the time of service of the
12 order for admission.
 
13     (405 ILCS 5/3-756 new)
14     Sec. 3-756. Court hearing. The court shall set a hearing to
15 be held within 15 days, excluding Saturdays, Sundays, and
16 holidays, after its receipt of the second certificate. The
17 court shall direct that notice of the time and place of hearing
18 be served upon the respondent, his or her attorney, and
19 guardian, if any, and his or her responsible relatives. The
20 respondent may remain at his residence pending the hearing. If,
21 however, the court finds it necessary, it may order a peace
22 officer or another person to have the respondent before the
23 court at the time and place set for hearing.
 

 

 

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1     (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)
2     Sec. 3-801. A respondent may request admission as an
3 informal or voluntary recipient at any time prior to an
4 adjudication that he is subject to involuntary admission on an
5 inpatient or outpatient basis. The facility director shall
6 approve such a request unless the facility director determines
7 that the respondent lacks the capacity to consent to informal
8 or voluntary admission or that informal or voluntary admission
9 is clinically inappropriate. The director shall not find that
10 voluntary admission is clinically inappropriate in the absence
11 of a documented history of the respondent's illness and
12 treatment demonstrating that the respondent is unlikely to
13 continue to receive needed treatment following release from
14 informal or voluntary admission and that an order for
15 involuntary admission on an outpatient basis alternative
16 treatment or for care and custody is necessary in order to
17 ensure continuity of treatment outside a mental health
18 facility.
19     If the facility director approves such a request, the
20 petitioner shall be notified of the request and of his or her
21 right to object thereto, if the petitioner has requested such
22 notification on that individual recipient. The court may
23 dismiss the pending proceedings, but shall consider any
24 objection made by either the petitioner or the State's Attorney
25 and may require proof that such dismissal is in the best
26 interest of the respondent and of the public. If voluntary

 

 

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1 admission is accepted and the petition is dismissed by the
2 court, notice shall be provided to the petitioner, orally and
3 in writing, of his or her right to receive notice of the
4 recipient's discharge pursuant to Section 3-902(d).
5 (Source: P.A. 96-570, eff. 1-1-10.)
 
6     (405 ILCS 5/3-801.5)
7     Sec. 3-801.5. Agreed order for admission on an outpatient
8 basis alternative treatment or care and custody.
9     (a) At any time before the conclusion of the hearing and
10 the entry of the court's findings, a respondent may enter into
11 an agreement to be subject to an order for admission on an
12 outpatient basis alternative treatment or care and custody as
13 provided for in Sections 3-811, 3-812, 3-813, and 3-815 of this
14 Code, provided that:
15         (1) The court and the parties have been presented with
16     a written report pursuant to Section 3-810 of this Code
17     containing a recommendation for court-ordered admission on
18     an outpatient basis alternative treatment or care and
19     custody and setting forth in detail the conditions for such
20     an order, and the court is satisfied that the proposal for
21     admission on an outpatient basis alternative treatment or
22     care and custody is in the best interest of the respondent
23     and of the public.
24         (2) The court advises the respondent of the conditions
25     of the proposed order in open court and is satisfied that

 

 

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1     the respondent understands and agrees to the conditions of
2     the proposed order for admission on an outpatient basis
3     alternative treatment or care and custody.
4         (3) The proposed custodian is advised of the
5     recommendation for care and custody and agrees to abide by
6     the terms of the proposed order.
7         (4) No such order may require the respondent to be
8     hospitalized except as provided in subsection (b) of this
9     Section.
10         (5) No order may include as one of its conditions the
11     administration of psychotropic medication, unless the
12     court determines, based on the documented history of the
13     respondent's treatment and illness, that the respondent is
14     unlikely to continue to receive needed psychotropic
15     medication in the absence of such an order.
16     (b) An agreed order of care and custody entered pursuant to
17 this Section may grant the custodian the authority to admit a
18 respondent to a hospital if the respondent fails to comply with
19 the conditions of the agreed order. If necessary in order to
20 obtain the hospitalization of the respondent, the custodian may
21 apply to the court for an order authorizing an officer of the
22 peace to take the respondent into custody and transport the
23 respondent to the hospital specified in the agreed order. The
24 provisions of Section 3-605 of this Code shall govern the
25 transportation of the respondent to a mental health facility,
26 except to the extent that those provisions are inconsistent

 

 

09600SB3129ham001 - 23 - LRB096 14618 KTG 40241 a

1 with this Section. However, a person admitted to a hospital
2 pursuant to powers granted under an agreed order for care and
3 custody shall be treated as a voluntary recipient pursuant to
4 Article IV of this Chapter and shall be advised immediately of
5 his or her right to request a discharge pursuant to Section
6 3-403 of this Code.
7     (c) If the court has appointed counsel for the respondent
8 pursuant to Section 3-805 of this Code, that appointment shall
9 continue for the duration of any order entered under this
10 Section, and the respondent shall be represented by counsel in
11 any proceeding held pursuant to this Section.
12     (d) An order entered under this Section shall not
13 constitute a finding that the respondent is subject to
14 involuntary admission on an inpatient or outpatient basis.
15     (e) Nothing in this Section shall be deemed to create an
16 agency relationship between the respondent and any custodian
17 appointed pursuant to this Section.
18     (f) Notwithstanding any other provision of Illinois law, no
19 respondent may be cited for contempt for violating the terms
20 and conditions of his or her agreed order of care and custody.
21 (Source: P.A. 94-521, eff. 1-1-06.)
 
22     (405 ILCS 5/3-802)  (from Ch. 91 1/2, par. 3-802)
23     Sec. 3-802. The respondent is entitled to a jury on the
24 question of whether he is subject to involuntary admission on
25 an inpatient or outpatient basis. The jury shall consist of 6

 

 

09600SB3129ham001 - 24 - LRB096 14618 KTG 40241 a

1 persons to be chosen in the same manner as are jurors in other
2 civil proceedings. A respondent is not entitled to a jury on
3 the question of whether psychotropic medication or
4 electroconvulsive therapy may be administered under Section
5 2-107.1.
6 (Source: P.A. 95-172, eff. 8-14-07.)
 
7     (405 ILCS 5/3-805)  (from Ch. 91 1/2, par. 3-805)
8     Sec. 3-805. Every respondent alleged to be subject to
9 involuntary admission on an inpatient or outpatient basis shall
10 be represented by counsel. If the respondent is indigent or an
11 appearance has not been entered on his behalf at the time the
12 matter is set for hearing, the court shall appoint counsel for
13 him. A hearing shall not proceed when a respondent is not
14 represented by counsel unless, after conferring with counsel,
15 the respondent requests to represent himself and the court is
16 satisfied that the respondent has the capacity to make an
17 informed waiver of his right to counsel. Counsel shall be
18 allowed time for adequate preparation and shall not be
19 prevented from conferring with the respondent at reasonable
20 times nor from making an investigation of the matters in issue
21 and presenting such relevant evidence as he believes is
22 necessary.
23     1. If the court determines that the respondent is unable to
24 obtain counsel, the court shall appoint as counsel an attorney
25 employed by or under contract with the Guardianship and Mental

 

 

09600SB3129ham001 - 25 - LRB096 14618 KTG 40241 a

1 Health Advocacy Commission, if available.
2     2. If an attorney from the Guardianship and Mental Health
3 Advocacy Commission is not available, the court shall appoint
4 as counsel the public defender or, only if no public defender
5 is available, an attorney licensed to practice law in this
6 State.
7     3. Upon filing with the court of a verified statement of
8 legal services rendered by the private attorney appointed
9 pursuant to paragraph (2) of this Section, the court shall
10 determine a reasonable fee for such services. If the respondent
11 is unable to pay the fee, the court shall enter an order upon
12 the county to pay the entire fee or such amount as the
13 respondent is unable to pay.
14 (Source: P.A. 80-1414.)
 
15     (405 ILCS 5/3-807)  (from Ch. 91 1/2, par. 3-807)
16     Sec. 3-807. No respondent may be found subject to
17 involuntary admission on an inpatient or outpatient basis
18 unless at least one psychiatrist, clinical social worker, or
19 clinical psychologist who has examined him testifies in person
20 at the hearing. The respondent may waive the requirement of the
21 testimony subject to the approval of the court.
22 (Source: P.A. 87-530.)
 
23     (405 ILCS 5/3-808)  (from Ch. 91 1/2, par. 3-808)
24     Sec. 3-808. No respondent may be found subject to

 

 

09600SB3129ham001 - 26 - LRB096 14618 KTG 40241 a

1 involuntary admission on an inpatient or outpatient basis
2 unless that finding has been established by clear and
3 convincing evidence.
4 (Source: P.A. 80-1414.)
 
5     (405 ILCS 5/3-809)  (from Ch. 91 1/2, par. 3-809)
6     Sec. 3-809. If the respondent is not found subject to
7 involuntary admission on an inpatient or outpatient basis, the
8 court shall dismiss the petition and order the respondent
9 discharged. If the respondent is found subject to involuntary
10 admission on an inpatient or outpatient basis, the court shall
11 enter an order so specifying. If the court is not satisfied
12 with the verdict of the jury finding the respondent subject to
13 involuntary admission on an inpatient or outpatient basis, it
14 may set aside such verdict and order the respondent discharged
15 or it may order another hearing.
16 (Source: P.A. 80-1414.)
 
17     (405 ILCS 5/3-810)  (from Ch. 91 1/2, par. 3-810)
18     Sec. 3-810. Before disposition is determined, the facility
19 director or such other person as the court may direct shall
20 prepare a written report including information on the
21 appropriateness and availability of alternative treatment
22 settings, a social investigation of the respondent, a
23 preliminary treatment plan, and any other information which the
24 court may order. The treatment plan shall describe the

 

 

09600SB3129ham001 - 27 - LRB096 14618 KTG 40241 a

1 respondent's problems and needs, the treatment goals, the
2 proposed treatment methods, and a projected timetable for their
3 attainment. If the respondent is found subject to involuntary
4 admission on an inpatient or outpatient basis, the court shall
5 consider the report in determining an appropriate disposition.
6 (Source: P.A. 91-726, eff. 6-2-00.)
 
7     (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)
8     Sec. 3-811. Involuntary admission; alternative mental
9 health facilities.
10     (a) If any person is found subject to involuntary admission
11 on an inpatient basis, the court shall consider alternative
12 mental health facilities which are appropriate for and
13 available to the respondent, including but not limited to
14 hospitalization. The court may order the respondent to undergo
15 a program of hospitalization in a mental health facility
16 designated by the Department, in a licensed private hospital or
17 private mental health facility if it agrees, or in a facility
18 of the United States Veterans Administration if it agrees. If
19 any person is found subject to involuntary admission on an
20 outpatient basis, ; or the court may order the respondent to
21 undergo a program of alternative treatment; or the court may
22 place the respondent in the care and custody of a relative or
23 other person willing and able to properly care for him or her.
24 The court shall order the least restrictive alternative for
25 treatment which is appropriate.

 

 

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1     (b) Whenever a person is found subject to involuntary
2 admission on an inpatient or outpatient basis, notice shall be
3 provided to the petitioner, orally and in writing, of his or
4 her right to receive notice of the recipient's discharge
5 pursuant to Section 3-902(d).
6 (Source: P.A. 96-570, eff. 1-1-10.)
 
7     (405 ILCS 5/3-812)  (from Ch. 91 1/2, par. 3-812)
8     Sec. 3-812. Court ordered admission on an outpatient basis
9 alternative treatment; modification; revocation.
10     (a) If a respondent is found subject to involuntary
11 admission on an outpatient basis, the court may issue an order:
12 (i) placing the respondent in the care and custody of a
13 relative or other person willing and able to properly care for
14 him or her; or (ii) committing the respondent to alternative
15 treatment at a community mental health provider.
16     (b) An order placing the respondent in the care and custody
17 of a relative or other person shall specify the powers and
18 duties of the custodian. An order of care and custody entered
19 pursuant to this Section may grant the custodian the authority
20 to admit a respondent to a hospital if the respondent fails to
21 comply with the conditions of the order. If necessary in order
22 to obtain the hospitalization of the respondent, the custodian
23 may apply to the court for an order authorizing an officer of
24 the peace to take the respondent into custody and transport the
25 respondent to the hospital specified in the agreed order. The

 

 

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1 provisions of Section 3-605 shall govern the transportation of
2 the respondent to a mental health facility, except to the
3 extent that those provisions are inconsistent with this
4 Section. No person admitted to a hospital pursuant to this
5 subsection shall be detained for longer than 24 hours,
6 excluding Saturdays, Sundays, and holidays, unless, within
7 that period, a petition for involuntary admission on an
8 inpatient basis and a certificate supporting such petition have
9 been filed as provided in Section 3-611.
10     (c) (a) Alternative treatment shall not be ordered unless
11 the program being considered is capable of providing adequate
12 and humane treatment in the least restrictive setting which is
13 appropriate to the respondent's condition. The court shall have
14 continuing authority to modify an order for alternative
15 treatment if the recipient fails to comply with the order or is
16 otherwise found unsuitable for alternative treatment. Prior to
17 modifying such an order, the court shall receive a report from
18 the facility director of the program specifying why the
19 alternative treatment is unsuitable. The recipient shall be
20 notified and given an opportunity to respond when modification
21 of the order for alternative treatment is considered. If the
22 court determines that the respondent has violated the order for
23 alternative treatment in the community or that alternative
24 treatment in the community will no longer provide adequate
25 assurances for the safety of the respondent or others, the
26 court may revoke the order for alternative treatment in the

 

 

09600SB3129ham001 - 30 - LRB096 14618 KTG 40241 a

1 community and may order a peace officer to take the recipient
2 into custody and transport him to an inpatient mental health
3 facility. The provisions of Section 3-605 shall govern the
4 transportation of the respondent to a mental health facility,
5 except to the extent that those provisions are inconsistent
6 with this Section. No person admitted to a hospital pursuant to
7 this subsection shall be detained for longer than 24 hours,
8 excluding Saturdays, Sundays, and holidays, unless, within
9 that period, a petition for involuntary admission on an
10 inpatient basis and a certificate supporting such petition have
11 been filed as provided in Section 3-611.
12     (b) If the court revokes an order for alternative treatment
13 and orders a recipient hospitalized, it may order a peace
14 officer to take the recipient into custody and transport him to
15 the facility. The court may order the recipient to undergo a
16 program of hospitalization at a licensed private hospital or
17 private mental health facility, or a facility of the United
18 States Veterans Administration, if such private or Veterans
19 Administration facility agrees to such placement, or at a
20 mental health facility designated by the Department.
21 (Source: P.A. 91-726, eff. 6-2-00.)
 
22     (405 ILCS 5/3-813)  (from Ch. 91 1/2, par. 3-813)
23     Sec. 3-813. (a) An initial order for commitment on an
24 inpatient basis hospitalization shall be for a period not to
25 exceed 90 days. Prior to the expiration of the initial order if

 

 

09600SB3129ham001 - 31 - LRB096 14618 KTG 40241 a

1 the facility director believes that the recipient continues to
2 be subject to involuntary admission on an inpatient or
3 outpatient basis, a new petition and 2 new certificates may be
4 filed with the court. If a petition is filed, the facility
5 director shall file with the court a current treatment plan
6 which includes an evaluation of the recipient's progress and
7 the extent to which he is benefiting from treatment. If no
8 petition is filed prior to the expiration of the initial order,
9 the recipient shall be discharged. Following a hearing, the
10 court may order a second period of commitment on an inpatient
11 basis hospitalization not to exceed 90 days only if it finds
12 that the recipient continues to be subject to involuntary
13 admission on an inpatient basis. If, following a hearing, the
14 court determines that the respondent is subject to involuntary
15 admission on an outpatient basis as provided in Section 3-812,
16 the court may order the respondent committed on an outpatient
17 basis for a period not to exceed 180 days.
18     (a-1) An initial order of commitment on an outpatient basis
19 shall be for a period not to exceed 180 days. Prior to the
20 expiration of the initial order, if the facility director or
21 the custodian believes that the recipient continues to be
22 subject to involuntary admission on an outpatient basis, a new
23 petition and 2 new certificates may be filed with the court. If
24 a petition is filed, the facility director or the custodian
25 shall file with the court a current treatment plan which
26 includes an evaluation of the recipient's progress and the

 

 

09600SB3129ham001 - 32 - LRB096 14618 KTG 40241 a

1 extent to which he or she is benefiting from treatment. If no
2 petition is filed prior to the expiration of the initial order,
3 the recipient shall be discharged. Following a hearing, the
4 court may order a second period of commitment on an outpatient
5 basis not to exceed 180 days only if it finds that the
6 recipient continues to be subject to involuntary admission on
7 an outpatient basis.
8     (b) Additional 180 day periods of inpatient or outpatient
9 commitment treatment may be sought pursuant to the procedures
10 set out in this Section for so long as the recipient continues
11 to meet the standard for such commitment be subject to
12 involuntary admission. The provisions of this chapter which
13 apply whenever an initial order is sought shall apply whenever
14 an additional period of inpatient or outpatient commitment
15 treatment is sought.
16 (Source: P.A. 91-787, eff. 1-1-01.)
 
17     (405 ILCS 5/3-900)  (from Ch. 91 1/2, par. 3-900)
18     Sec. 3-900. (a) Any person committed on an inpatient or
19 outpatient basis hospitalized or admitted to alternative
20 treatment or care and custody as having mental illness on court
21 order under this Chapter or under any prior statute or any
22 person on his behalf may file a petition for discharge at any
23 time in the court of the county where the recipient resides or
24 is found.
25     (b) The petition shall set forth: (1) the name of the

 

 

09600SB3129ham001 - 33 - LRB096 14618 KTG 40241 a

1 recipient; (2) the underlying circumstances and date of the
2 order; (3) a request for discharge from the order; and (4) the
3 reasons for such request.
4 (Source: P.A. 88-380.)
 
5     (405 ILCS 5/3-901)  (from Ch. 91 1/2, par. 3-901)
6     Sec. 3-901. (a) Upon the filing of a petition under Section
7 3-900 or Section 3-906, the court shall set the matter for
8 hearing to be held within 5 days, excluding Saturdays, Sundays,
9 and holidays. The court shall direct that notice of the time
10 and place of the hearing be given to the recipient, his
11 attorney, his guardian, the facility director, the person
12 having care and custody of the recipient, and to at least 2
13 persons whom the recipient may designate.
14     (b) Article VIII of this Chapter applies to hearings held
15 under this Section. The court shall determine whether the
16 recipient is: (i) subject to involuntary admission on an
17 inpatient basis; (ii) subject to involuntary admission on an
18 outpatient basis; or (iii) not subject to involuntary admission
19 on either an inpatient or outpatient basis. If the court finds
20 that the recipient is not subject to involuntary admission on
21 an inpatient or outpatient basis, the court shall enter an
22 order so finding and discharging the recipient. If the court
23 orders the discharge of a recipient who was adjudicated as
24 having mental illness pursuant to any prior statute of this
25 State or who was otherwise adjudicated to be under legal

 

 

09600SB3129ham001 - 34 - LRB096 14618 KTG 40241 a

1 disability, the court shall also enter an order restoring the
2 recipient to legal status without disability unless the court
3 finds that the recipient continues to be under legal
4 disability. A copy of any order discharging the recipient shall
5 be given to the recipient and to the facility director.
6     (b-1) If the court determines that the recipient is subject
7 to involuntary admission on an outpatient basis, the court
8 shall enter an appropriate order pursuant to Section 3-812.
9     (c) If the court determines that the recipient continues to
10 be subject to involuntary admission on an inpatient basis, the
11 court may continue or modify its original order in accordance
12 with this Act. Thereafter, no new petition for discharge may be
13 filed without leave of court.
14 (Source: P.A. 88-380.)
 
15     (405 ILCS 5/3-902)  (from Ch. 91 1/2, par. 3-902)
16     Sec. 3-902. Director initiated discharge.
17     (a) The facility director may at any time discharge an
18 informal, voluntary, or minor recipient who is clinically
19 suitable for discharge.
20     (b) The facility director shall discharge a recipient
21 admitted upon court order under this Chapter or any prior
22 statute where he is no longer subject to involuntary admission
23 on an inpatient basis. If the facility director believes that
24 continuing treatment is advisable for such recipient, he shall
25 inform the recipient of his right to remain as an informal or

 

 

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1 voluntary recipient. If the facility director determines that
2 the recipient is subject to involuntary admission on an
3 outpatient basis, he or she shall petition the court for such a
4 commitment pursuant to this Chapter.
5     (c) When a facility director discharges or changes the
6 status of a recipient pursuant to this Section he shall
7 promptly notify the clerk of the court which entered the
8 original order of the discharge or change in status. Upon
9 receipt of such notice, the clerk of the court shall note the
10 action taken in the court record. If the person being
11 discharged is a person under legal disability, the facility
12 director shall also submit a certificate regarding his legal
13 status without disability pursuant to Section 3-907.
14     (d) When the facility director determines that discharge is
15 appropriate for a recipient pursuant to this Section or Section
16 3-403 he or she shall notify the state's attorney of the county
17 in which the recipient resided immediately prior to his
18 admission to a mental health facility and the state's attorney
19 of the county where the last petition for commitment was filed
20 at least 48 hours prior to the discharge when either state's
21 attorney has requested in writing such notification on that
22 individual recipient or when the facility director regards a
23 recipient as a continuing threat to the peace and safety of the
24 community. Upon receipt of such notice, the state's attorney
25 may take any court action or notify such peace officers that he
26 deems appropriate. When the facility director determines that

 

 

09600SB3129ham001 - 36 - LRB096 14618 KTG 40241 a

1 discharge is appropriate for a recipient pursuant to this
2 Section or Section 3-403, he or she shall notify the person
3 whose petition pursuant to Section 3-701 resulted in the
4 current hospitalization of the recipient's discharge at least
5 48 hours prior to the discharge, if the petitioner has
6 requested in writing such notification on that individual
7 recipient.
8     (e) The facility director may grant a temporary release to
9 a recipient whose condition is not considered appropriate for
10 discharge where such release is considered to be clinically
11 appropriate, provided that the release does not endanger the
12 public safety.
13 (Source: P.A. 96-570, eff. 1-1-10.)
 
14     (405 ILCS 5/1-104.5 rep.)
15     (405 ILCS 5/3-704.1 rep.)
16     (405 ILCS 5/3-815 rep.)
17     Section 10. The Mental Health and Developmental
18 Disabilities Code is amended by repealing Sections 1-104.5,
19 3-704.1, and 3-815.
 
20     Section 15. The Mental Health and Developmental
21 Disabilities Confidentiality Act is amended by changing
22 Sections 4, 9.2, and 10 as follows:
 
23     (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)

 

 

09600SB3129ham001 - 37 - LRB096 14618 KTG 40241 a

1     Sec. 4. (a) The following persons shall be entitled, upon
2 request, to inspect and copy a recipient's record or any part
3 thereof:
4         (1) the parent or guardian of a recipient who is under
5     12 years of age;
6         (2) the recipient if he is 12 years of age or older;
7         (3) the parent or guardian of a recipient who is at
8     least 12 but under 18 years, if the recipient is informed
9     and does not object or if the therapist does not find that
10     there are compelling reasons for denying the access. The
11     parent or guardian who is denied access by either the
12     recipient or the therapist may petition a court for access
13     to the record. Nothing in this paragraph is intended to
14     prohibit the parent or guardian of a recipient who is at
15     least 12 but under 18 years from requesting and receiving
16     the following information: current physical and mental
17     condition, diagnosis, treatment needs, services provided,
18     and services needed, including medication, if any;
19         (4) the guardian of a recipient who is 18 years or
20     older;
21         (5) an attorney or guardian ad litem who represents a
22     minor 12 years of age or older in any judicial or
23     administrative proceeding, provided that the court or
24     administrative hearing officer has entered an order
25     granting the attorney this right; or
26         (6) an agent appointed under a recipient's power of

 

 

09600SB3129ham001 - 38 - LRB096 14618 KTG 40241 a

1     attorney for health care or for property, when the power of
2     attorney authorizes the access; .
3         (7) an attorney-in-fact appointed under the Mental
4     Health Treatment Preference Declaration Act; or
5         (8) any person in whose care and custody the recipient
6     has been placed pursuant to Section 3-811 of the Mental
7     Health and Developmental Disabilities Code.
8     (b) Assistance in interpreting the record may be provided
9 without charge and shall be provided if the person inspecting
10 the record is under 18 years of age. However, access may in no
11 way be denied or limited if the person inspecting the record
12 refuses the assistance. A reasonable fee may be charged for
13 duplication of a record. However, when requested to do so in
14 writing by any indigent recipient, the custodian of the records
15 shall provide at no charge to the recipient, or to the
16 Guardianship and Advocacy Commission, the agency designated by
17 the Governor under Section 1 of the Protection and Advocacy for
18 Developmentally Disabled Persons Act or to any other
19 not-for-profit agency whose primary purpose is to provide free
20 legal services or advocacy for the indigent and who has
21 received written authorization from the recipient under
22 Section 5 of this Act to receive his records, one copy of any
23 records in its possession whose disclosure is authorized under
24 this Act.
25     (c) Any person entitled to access to a record under this
26 Section may submit a written statement concerning any disputed

 

 

09600SB3129ham001 - 39 - LRB096 14618 KTG 40241 a

1 or new information, which statement shall be entered into the
2 record. Whenever any disputed part of a record is disclosed,
3 any submitted statement relating thereto shall accompany the
4 disclosed part. Additionally, any person entitled to access may
5 request modification of any part of the record which he
6 believes is incorrect or misleading. If the request is refused,
7 the person may seek a court order to compel modification.
8     (d) Whenever access or modification is requested, the
9 request and any action taken thereon shall be noted in the
10 recipient's record.
11 (Source: P.A. 88-484; 89-439, eff. 6-1-96.)
 
12     (740 ILCS 110/9.2)
13     Sec. 9.2. Interagency disclosure of recipient information.
14 For the purposes of continuity of care, the Department of Human
15 Services (as successor to the Department of Mental Health and
16 Developmental Disabilities), community agencies funded by the
17 Department of Human Services in that capacity, licensed private
18 hospitals receiving payments from the Department of Human
19 Services or the Department of Healthcare and Family Services,
20 State correctional facilities prisons operated by the
21 Department of Corrections, mental health facilities operated
22 by a county, and jails operated by any county of this State may
23 disclose a recipient's record or communications, without
24 consent, to each other, but only for the purpose of admission,
25 treatment, planning, or discharge. Entities shall not

 

 

09600SB3129ham001 - 40 - LRB096 14618 KTG 40241 a

1 redisclose any personally identifiable information, unless
2 necessary for admission, treatment, planning, or discharge of
3 the identified recipient to another setting. No records or
4 communications may be disclosed to a county jail or State
5 correctional facility prison pursuant to this Section unless
6 the Department has entered into a written agreement with the
7 county jail or State correctional facility prison requiring
8 that the county jail or State correctional facility prison
9 adopt written policies and procedures designed to ensure that
10 the records and communications are disclosed only to those
11 persons employed by or under contract to the county jail or
12 State correctional facility prison who are involved in the
13 provision of mental health services to inmates and that the
14 records and communications are protected from further
15 disclosure.
16 (Source: P.A. 94-182, eff. 7-12-05.)
 
17     (740 ILCS 110/10)  (from Ch. 91 1/2, par. 810)
18     Sec. 10. (a) Except as provided herein, in any civil,
19 criminal, administrative, or legislative proceeding, or in any
20 proceeding preliminary thereto, a recipient, and a therapist on
21 behalf and in the interest of a recipient, has the privilege to
22 refuse to disclose and to prevent the disclosure of the
23 recipient's record or communications.
24         (1) Records and communications may be disclosed in a
25     civil, criminal or administrative proceeding in which the

 

 

09600SB3129ham001 - 41 - LRB096 14618 KTG 40241 a

1     recipient introduces his mental condition or any aspect of
2     his services received for such condition as an element of
3     his claim or defense, if and only to the extent the court
4     in which the proceedings have been brought, or, in the case
5     of an administrative proceeding, the court to which an
6     appeal or other action for review of an administrative
7     determination may be taken, finds, after in camera
8     examination of testimony or other evidence, that it is
9     relevant, probative, not unduly prejudicial or
10     inflammatory, and otherwise clearly admissible; that other
11     satisfactory evidence is demonstrably unsatisfactory as
12     evidence of the facts sought to be established by such
13     evidence; and that disclosure is more important to the
14     interests of substantial justice than protection from
15     injury to the therapist-recipient relationship or to the
16     recipient or other whom disclosure is likely to harm.
17     Except in a criminal proceeding in which the recipient, who
18     is accused in that proceeding, raises the defense of
19     insanity, no record or communication between a therapist
20     and a recipient shall be deemed relevant for purposes of
21     this subsection, except the fact of treatment, the cost of
22     services and the ultimate diagnosis unless the party
23     seeking disclosure of the communication clearly
24     establishes in the trial court a compelling need for its
25     production. However, for purposes of this Act, in any
26     action brought or defended under the Illinois Marriage and

 

 

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1     Dissolution of Marriage Act, or in any action in which pain
2     and suffering is an element of the claim, mental condition
3     shall not be deemed to be introduced merely by making such
4     claim and shall be deemed to be introduced only if the
5     recipient or a witness on his behalf first testifies
6     concerning the record or communication.
7         (2) Records or communications may be disclosed in a
8     civil proceeding after the recipient's death when the
9     recipient's physical or mental condition has been
10     introduced as an element of a claim or defense by any party
11     claiming or defending through or as a beneficiary of the
12     recipient, provided the court finds, after in camera
13     examination of the evidence, that it is relevant,
14     probative, and otherwise clearly admissible; that other
15     satisfactory evidence is not available regarding the facts
16     sought to be established by such evidence; and that
17     disclosure is more important to the interests of
18     substantial justice than protection from any injury which
19     disclosure is likely to cause.
20         (3) In the event of a claim made or an action filed by
21     a recipient, or, following the recipient's death, by any
22     party claiming as a beneficiary of the recipient for injury
23     caused in the course of providing services to such
24     recipient, the therapist and other persons whose actions
25     are alleged to have been the cause of injury may disclose
26     pertinent records and communications to an attorney or

 

 

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1     attorneys engaged to render advice about and to provide
2     representation in connection with such matter and to
3     persons working under the supervision of such attorney or
4     attorneys, and may testify as to such records or
5     communication in any administrative, judicial or discovery
6     proceeding for the purpose of preparing and presenting a
7     defense against such claim or action.
8         (4) Records and communications made to or by a
9     therapist in the course of examination ordered by a court
10     for good cause shown may, if otherwise relevant and
11     admissible, be disclosed in a civil, criminal, or
12     administrative proceeding in which the recipient is a party
13     or in appropriate pretrial proceedings, provided such
14     court has found that the recipient has been as adequately
15     and as effectively as possible informed before submitting
16     to such examination that such records and communications
17     would not be considered confidential or privileged. Such
18     records and communications shall be admissible only as to
19     issues involving the recipient's physical or mental
20     condition and only to the extent that these are germane to
21     such proceedings.
22         (5) Records and communications may be disclosed in a
23     proceeding under the Probate Act of 1975, to determine a
24     recipient's competency or need for guardianship, provided
25     that the disclosure is made only with respect to that
26     issue.

 

 

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1         (6) Records and communications may be disclosed when
2     such are made during treatment which the recipient is
3     ordered to undergo to render him fit to stand trial on a
4     criminal charge, provided that the disclosure is made only
5     with respect to the issue of fitness to stand trial.
6         (7) Records and communications of the recipient may be
7     disclosed in any civil or administrative proceeding
8     involving the validity of or benefits under a life,
9     accident, health or disability insurance policy or
10     certificate, or Health Care Service Plan Contract,
11     insuring the recipient, but only if and to the extent that
12     the recipient's mental condition, or treatment or services
13     in connection therewith, is a material element of any claim
14     or defense of any party, provided that information sought
15     or disclosed shall not be redisclosed except in connection
16     with the proceeding in which disclosure is made.
17         (8) Records or communications may be disclosed when
18     such are relevant to a matter in issue in any action
19     brought under this Act and proceedings preliminary
20     thereto, provided that any information so disclosed shall
21     not be utilized for any other purpose nor be redisclosed
22     except in connection with such action or preliminary
23     proceedings.
24         (9) Records and communications of the recipient may be
25     disclosed in investigations of and trials for homicide when
26     the disclosure relates directly to the fact or immediate

 

 

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1     circumstances of the homicide.
2         (10) Records and communications of a deceased
3     recipient may be disclosed to a coroner conducting a
4     preliminary investigation into the recipient's death under
5     Section 3-3013 of the Counties Code. However, records and
6     communications of the deceased recipient disclosed in an
7     investigation shall be limited solely to the deceased
8     recipient's records and communications relating to the
9     factual circumstances of the incident being investigated
10     in a mental health facility.
11         (11) Records and communications of a recipient shall be
12     disclosed in a proceeding where a petition or motion is
13     filed under the Juvenile Court Act of 1987 and the
14     recipient is named as a parent, guardian, or legal
15     custodian of a minor who is the subject of a petition for
16     wardship as described in Section 2-3 of that Act or a minor
17     who is the subject of a petition for wardship as described
18     in Section 2-4 of that Act alleging the minor is abused,
19     neglected, or dependent or the recipient is named as a
20     parent of a child who is the subject of a petition,
21     supplemental petition, or motion to appoint a guardian with
22     the power to consent to adoption under Section 2-29 of the
23     Juvenile Court Act of 1987.
24         (12) Records and communications of a recipient may be
25     disclosed when disclosure is necessary to collect sums or
26     receive third party payment representing charges for

 

 

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1     mental health or developmental disabilities services
2     provided by a therapist or agency to a recipient; however,
3     disclosure shall be limited to information needed to pursue
4     collection, and the information so disclosed may not be
5     used for any other purposes nor may it be redisclosed
6     except in connection with collection activities. Whenever
7     records are disclosed pursuant to this subdivision (12),
8     the recipient of the records shall be advised in writing
9     that any person who discloses mental health records and
10     communications in violation of this Act may be subject to
11     civil liability pursuant to Section 15 of this Act or to
12     criminal penalties pursuant to Section 16 of this Act or
13     both.
14     (b) Before a disclosure is made under subsection (a), any
15 party to the proceeding or any other interested person may
16 request an in camera review of the record or communications to
17 be disclosed. The court or agency conducting the proceeding may
18 hold an in camera review on its own motion. When, contrary to
19 the express wish of the recipient, the therapist asserts a
20 privilege on behalf and in the interest of a recipient, the
21 court may require that the therapist, in an in camera hearing,
22 establish that disclosure is not in the best interest of the
23 recipient. The court or agency may prevent disclosure or limit
24 disclosure to the extent that other admissible evidence is
25 sufficient to establish the facts in issue. The court or agency
26 may enter such orders as may be necessary in order to protect

 

 

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1 the confidentiality, privacy, and safety of the recipient or of
2 other persons. Any order to disclose or to not disclose shall
3 be considered a final order for purposes of appeal and shall be
4 subject to interlocutory appeal.
5     (c) A recipient's records and communications may be
6 disclosed to a duly authorized committee, commission or
7 subcommittee of the General Assembly which possesses subpoena
8 and hearing powers, upon a written request approved by a
9 majority vote of the committee, commission or subcommittee
10 members. The committee, commission or subcommittee may request
11 records only for the purposes of investigating or studying
12 possible violations of recipient rights. The request shall
13 state the purpose for which disclosure is sought.
14     The facility shall notify the recipient, or his guardian,
15 and therapist in writing of any disclosure request under this
16 subsection within 5 business days after such request. Such
17 notification shall also inform the recipient, or guardian, and
18 therapist of their right to object to the disclosure within 10
19 business days after receipt of the notification and shall
20 include the name, address and telephone number of the
21 committee, commission or subcommittee member or staff person
22 with whom an objection shall be filed. If no objection has been
23 filed within 15 business days after the request for disclosure,
24 the facility shall disclose the records and communications to
25 the committee, commission or subcommittee. If an objection has
26 been filed within 15 business days after the request for

 

 

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1 disclosure, the facility shall disclose the records and
2 communications only after the committee, commission or
3 subcommittee has permitted the recipient, guardian or
4 therapist to present his objection in person before it and has
5 renewed its request for disclosure by a majority vote of its
6 members.
7     Disclosure under this subsection shall not occur until all
8 personally identifiable data of the recipient and provider are
9 removed from the records and communications. Disclosure under
10 this subsection shall not occur in any public proceeding.
11     (d) No party to any proceeding described under paragraphs
12 (1), (2), (3), (4), (7), or (8) of subsection (a) of this
13 Section, nor his or her attorney, shall serve a subpoena
14 seeking to obtain access to records or communications under
15 this Act unless the subpoena is accompanied by a written order
16 issued by a judge, authorizing the disclosure of the records or
17 the issuance of the subpoena. No such written order shall be
18 issued without written notice of the motion to the recipient
19 and the treatment provider. Prior to issuance of the order,
20 each party or other person entitled to notice shall be
21 permitted an opportunity to be heard pursuant to subsection (b)
22 of this Section. No person shall comply with a subpoena for
23 records or communications under this Act, unless the subpoena
24 is accompanied by a written order authorizing the issuance of
25 the subpoena or the disclosure of the records. Each subpoena
26 duces tecum issued by a court or administrative agency or

 

 

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1 served on any person pursuant to this subsection (d) shall
2 include the following language: "No person shall comply with a
3 subpoena for mental health records or communications pursuant
4 to Section 10 of the Mental Health and Developmental
5 Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
6 subpoena is accompanied by a written order that authorizes the
7 issuance of the subpoena and the disclosure of records or
8 communications."
9     (e) When a person has been transported by a peace officer
10 to a mental health facility, then upon the request of a peace
11 officer, if the person is allowed to leave the mental health
12 facility within 48 hours of arrival, excluding Saturdays,
13 Sundays, and holidays, the facility director shall notify the
14 local law enforcement authority prior to the release of the
15 person. The local law enforcement authority may re-disclose the
16 information as necessary to alert the appropriate enforcement
17 or prosecuting authority.
18     (f) A recipient's records and communications shall be
19 disclosed to the Inspector General of the Department of Human
20 Services within 10 business days of a request by the Inspector
21 General (i) in the course of an investigation authorized by the
22 Department of Human Services Act and applicable rule or (ii)
23 during the course of an assessment authorized by the Abuse of
24 Adults with Disabilities Intervention Act and applicable rule.
25 The request shall be in writing and signed by the Inspector
26 General or his or her designee. The request shall state the

 

 

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1 purpose for which disclosure is sought. Any person who
2 knowingly and willfully refuses to comply with such a request
3 is guilty of a Class A misdemeanor. A recipient's records and
4 communications shall also be disclosed pursuant to subsection
5 (g-5) of Section 1-17 of the Department of Human Services Act
6 in testimony at health care worker registry hearings or
7 preliminary proceedings when such are relevant to the matter in
8 issue, provided that any information so disclosed shall not be
9 utilized for any other purpose nor be redisclosed except in
10 connection with such action or preliminary proceedings.
11 (Source: P.A. 96-406, eff. 8-13-09.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".