Full Text of HB2280 96th General Assembly
HB2280enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| Disabilities Code is amended by changing Sections 3-801, 3-811, | 6 |
| and 3-902 as follows: | 7 |
| (405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
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| Sec. 3-801. A respondent may request admission as an | 9 |
| informal or voluntary
recipient at any time prior to an | 10 |
| adjudication that he is subject to
involuntary admission.
The | 11 |
| facility director shall approve such a request unless the | 12 |
| facility
director
determines
that the respondent lacks the | 13 |
| capacity to consent to informal or voluntary
admission or
that | 14 |
| informal or voluntary admission is clinically inappropriate. | 15 |
| The director
shall not
find that voluntary admission is | 16 |
| clinically inappropriate in the absence of a
documented
history | 17 |
| of the respondent's illness and treatment demonstrating that | 18 |
| the
respondent is
unlikely to continue to receive needed | 19 |
| treatment following release from
informal or
voluntary | 20 |
| admission and that an order for alternative treatment or for | 21 |
| care and
custody is
necessary in order to ensure continuity of
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| treatment outside a mental health facility.
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| If the facility director approves such a request, the
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| petitioner shall be notified of the request and of his or her | 2 |
| right to object thereto, if the petitioner has requested such | 3 |
| notification on that individual recipient. The court may | 4 |
| dismiss the pending proceedings , but shall consider any | 5 |
| objection made by either the petitioner or the State's Attorney | 6 |
| and may require proof that such
dismissal is in the best | 7 |
| interest of the respondent and of the public.
If voluntary | 8 |
| admission is accepted and the petition is dismissed by the | 9 |
| court, notice shall be provided to the petitioner, orally and | 10 |
| in writing, of his or her right to receive notice of the | 11 |
| recipient's discharge pursuant to Section 3-902(d).
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| (Source: P.A. 94-521, eff. 1-1-06.)
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| (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
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| Sec. 3-811. Involuntary admission; alternative mental | 15 |
| health facilities. (a) If any person is found subject to | 16 |
| involuntary admission, the court shall
consider alternative | 17 |
| mental health facilities which are appropriate for and
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| available to the respondent, including but not limited to | 19 |
| hospitalization. The
court may order the respondent to undergo | 20 |
| a program of hospitalization in a
mental health facility | 21 |
| designated by the Department, in a licensed private hospital or | 22 |
| private
mental health facility if it agrees, or in a facility | 23 |
| of the United
States
Veterans Administration if it agrees; or | 24 |
| the court may order the respondent
to undergo a program of | 25 |
| alternative treatment; or the court may place the
respondent
in |
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| the care and custody of a relative or other person willing and | 2 |
| able to
properly care for him or her. The court shall order the | 3 |
| least
restrictive alternative for treatment which is | 4 |
| appropriate.
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| (b) Whenever a person is found subject to involuntary | 6 |
| admission, notice shall be provided to the petitioner, orally | 7 |
| and in writing, of his or her right to receive notice of the | 8 |
| recipient's discharge pursuant to Section 3-902(d). | 9 |
| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
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| Sec. 3-902. Director initiated discharge.
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| (a) The facility director may at any time discharge an | 13 |
| informal,
voluntary, or minor recipient who is clinically | 14 |
| suitable for discharge.
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| (b) The facility director shall discharge a recipient | 16 |
| admitted upon court
order under this Chapter or any prior | 17 |
| statute where he is no longer subject
to involuntary admission. | 18 |
| If the facility director believes that continuing
treatment is | 19 |
| advisable for such recipient, he shall inform the recipient of | 20 |
| his
right to remain as an informal or voluntary recipient.
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| (c) When a facility director discharges or changes the | 22 |
| status of a recipient
pursuant to this Section he shall | 23 |
| promptly notify the clerk of the court
which entered the | 24 |
| original order of the discharge or change in status. Upon
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| receipt of such notice, the clerk of the court shall note the |
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| action taken in
the court record. If the person being | 2 |
| discharged is a person under legal
disability, the facility | 3 |
| director shall also submit a certificate regarding his
legal | 4 |
| status without disability pursuant to Section 3-907.
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| (d) When the facility director determines that discharge is | 6 |
| appropriate
for a recipient pursuant to this Section or Section | 7 |
| 3-403 he or she shall
notify the state's attorney of the county
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| in which the recipient resided immediately prior to his | 9 |
| admission to a mental
health facility and the state's attorney | 10 |
| of the county where the last
petition for commitment was filed | 11 |
| at least 48 hours prior to the discharge when
either state's | 12 |
| attorney has requested in writing such notification on that
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| individual recipient or when
the facility director regards a | 14 |
| recipient as a continuing threat to the peace
and safety of the | 15 |
| community. Upon receipt of such notice, the state's attorney
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| may take any court action or notify such peace officers that he | 17 |
| deems
appropriate. When the facility director determines that | 18 |
| discharge is appropriate for a recipient pursuant to this | 19 |
| Section or Section 3-403, he or she shall notify the person | 20 |
| whose petition pursuant to Section 3-701 resulted in the | 21 |
| current hospitalization of the recipient's discharge at least | 22 |
| 48 hours prior to the discharge, if the petitioner has | 23 |
| requested in writing such notification on that individual | 24 |
| recipient.
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| (e) The facility director may grant a temporary release to | 26 |
| a recipient whose
condition is not considered appropriate for |
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| discharge where such release
is considered to be clinically | 2 |
| appropriate, provided that the release does
not endanger the | 3 |
| public safety.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| Section 99. Effective date. This Act takes effect January | 6 |
| 1, 2010.
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