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Illinois Compiled Statutes
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/Ch. IV Art. VI
(405 ILCS 5/Ch. IV Art. VI heading)
ARTICLE VI.
COURT HEARINGS
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405 ILCS 5/4-600
(405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600)
Sec. 4-600.
(a) Unless otherwise indicated, hearings under this Chapter
shall be held pursuant to this Article. Hearings shall be held in such
quarters as the court directs. To the extent practical, hearings shall
be held at the developmental disabilities facility where the respondent
is located. Any party may request a change of venue transfer to any other
county because of the convenience of parties or witnesses or the condition
of the respondent. The respondent may have the proceedings transferred
to the county of his residence.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-601
(405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601)
Sec. 4-601.
A respondent may request administrative admission at any time
prior to a court order for judicial admission. If the facility director
approves such a request, the court may dismiss the pending proceedings but
may require proof that such dismissal is in the best interest of the respondent
and of the public.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-602
(405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602)
Sec. 4-602.
The respondent is entitled to a jury on the question of whether
he meets the standard for judicial admission. The jury shall consist of
6 persons to be chosen in the same manner as are jurors in other civil proceedings.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-603
(405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603)
Sec. 4-603.
Appointment of examiners; report.
The court may appoint
one or more clinical psychologists, clinical social workers, physicians, or
other experts to examine the respondent and make a detailed written report
of his or their findings regarding the respondent's condition. The report
shall be filed with the court and copies shall be made available to the
attorneys for the parties.
(Source: P.A. 87-530.)
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405 ILCS 5/4-604
(405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604)
Sec. 4-604.
Independent examination.
The respondent is entitled to
secure an independent examination by a physician, clinical psychologist,
clinical social worker, or other expert of his choice. If the respondent
is unable to obtain an examination, he may request that the court order an
examination to be made by an impartial medical expert pursuant to Supreme
Court Rules or by a clinical psychologist, clinical social worker, or other
expert. Determination of the compensation of the physician, clinical
psychologist, clinical social worker, or other expert and its payment shall
be governed by Supreme Court Rule.
(Source: P.A. 80-1414; 87-530.)
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405 ILCS 5/4-605
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605.
Every respondent alleged to meet the standard for judicial
admission shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes
is necessary.
1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Advocacy Commission, if available.
2. If an attorney from the Guardianship and Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.
3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is
unable to pay.
(Source: P.A. 85-1247.)
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405 ILCS 5/4-606
(405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606)
Sec. 4-606.
The respondent shall be present at any hearing held under
this Act unless his
attorney waives his right to be present and the court is satisfied by a
clear showing that the respondent's
attendance would subject him to substantial risk of serious physical or emotional harm.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-607
(405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607)
Sec. 4-607.
Expert testimony; waiver.
No respondent may be found to
meet the standard for judicial admission unless at least one clinical
psychologist, clinical social worker, or physician who has examined him
testifies in person at the hearing. The respondent may waive the
requirement of this testimony subject to the approval of the court.
(Source: P.A. 87-530.)
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405 ILCS 5/4-608
(405 ILCS 5/4-608) (from Ch. 91 1/2, par. 4-608)
Sec. 4-608.
No respondent may be found to meet the standard for judicial
admission unless
that finding has been established by clear and convincing evidence.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-609
(405 ILCS 5/4-609) (from Ch. 91 1/2, par. 4-609)
Sec. 4-609.
(a) In a hearing for judicial admission, if the respondent
is not found to meet
the standard for judicial admission, the court shall dismiss the petition
and order the respondent
discharged.
(b) If it is found that the respondent meets the standard for judicial
admission, the court may
order him admitted to a developmental disabilities facility designated by
the Department; to a private
facility, if it agrees; or to a program of nonresidential habilitation.
If the court is not satisfied
with the verdict of the jury finding that the respondent meets the standard
for judicial admission, it
may set aside such verdict and order the respondent discharged or it may
order another hearing. Before
disposition is determined, the court shall consider the diagnostic report
and its recommendations and
shall select the least restrictive alternative which is consistent with
the respondent's needs.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-610
(405 ILCS 5/4-610) (from Ch. 91 1/2, par. 4-610)
Sec. 4-610.
Nonresidential habilitation; orders; modification and
revocation.
(a) Prior to ordering admission to a program of nonresidential habilitation,
the court shall ascertain that the program is capable of providing adequate and
humane habilitation appropriate to the respondent's condition.
(b) The court shall have continuing authority to modify an order for
nonresidential habilitation if the respondent fails to comply with it or is
otherwise found unsuitable for such habilitation. Prior to modifying such an
order, the court must receive a report from the facility director specifying
why the habilitation is unsuitable. The respondent shall be notified and given
an opportunity to respond when modification is considered.
(c) If the court revokes an order for nonresidential habilitation and
orders admission of the respondent to a developmental disabilities facility,
it may order a peace officer or other person to transport the respondent
to the facility.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-611
(405 ILCS 5/4-611) (from Ch. 91 1/2, par. 4-611)
Sec. 4-611.
(a) An order for admission to a developmental disabilities
facility or to a program of nonresidential habilitation shall be for a period
not to exceed 180 days. Prior to the expiration of the order, if the facility
director of the facility or program believes that the client continues to
meet the standard for judicial admission, a new petition and certificate
may be filed with the court. In the event that a new petition is filed,
the facility director of the facility shall file with the court a current
habilitation plan which includes an evaluation of the respondent's progress
and the extent to which he is benefiting from habilitation. If no petition
is filed prior to expiration of the order, the client shall be discharged.
Following a hearing on the petition, the court may order an additional 180
day period of admission to a facility or to a program of nonresidential
habilitation only if the client continues to meet the standard for judicial admission.
(b) Additional 180 day periods of judicial admission may be sought pursuant
to the procedures set out in this Section for so long as the client continues
to meet the standard for judicial admission. The provisions of this Article
which apply whenever an initial order is
sought shall apply whenever an additional period of admission is sought.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-612
(405 ILCS 5/4-612) (from Ch. 91 1/2, par. 4-612)
Sec. 4-612.
Not more than 60 days after any admission under this Article,
the facility director
of the facility shall file a current habilitation plan with the court which
includes an evaluation
of the client's progress and the extent to which he is benefiting from habilitation.
The court shall
review the habilitation plan. The court may order any public agency, officer,
or employee to render such information, cooperation, and assistance as is
within its legal authority and as may be necessary to achieve the objectives
of this Section. The client or any person on his behalf may request a hearing to review
the habilitation plan or the court on its own motion may order such a hearing.
If the court is satisfied
that the client is benefiting from habilitation, it may continue the original order
for the remainder of the admission period. If the court is not so satisfied,
it may modify its original order
or it may order the client discharged.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-613
(405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
Sec. 4-613.
Final orders; notice; appeals.
(a) Every final order of the court shall be in writing and
shall be accompanied by a statement
on the record of the court's findings of fact and conclusions of law. A
copy of such order shall be promptly
given to the client, his or her attorney, and the facility director of the
developmental
disabilities facility or
program to which the respondent is admitted.
(b) An appeal from a final order may be taken in the same manner as in
other civil cases. Upon entry of a final
order, the court shall notify the client of his or her right to appeal
and, if he or she is indigent, of his or her right to a free transcript
and counsel. The cost of the transcript shall be paid pursuant to
subsection (c) of Section
3-818 and subsection (c) of Section 4-615 of this Code. If the client wishes
to appeal and is
unable
to obtain counsel, counsel shall be appointed pursuant to the provisions
of Section 4-605.
(Source: P.A. 90-765, eff. 8-14-98.)
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405 ILCS 5/4-614
(405 ILCS 5/4-614) (from Ch. 91 1/2, par. 4-614)
Sec. 4-614.
A verbatim record shall be made of all judicial hearings held
pursuant to this Chapter.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-615
(405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
Sec. 4-615.
Fees; costs; State funds.
(a) Fees for jury service, witnesses, and service and execution
of process are the same
as for similar services in civil proceedings.
(b) Except as provided under subsection (c) of this Section, the court
may assess costs of the proceedings against the parties.
If the respondent is not a
resident of the county in which the hearing is held and the party against
whom the court would otherwise
assess costs has insufficient funds to pay the costs, the court may enter
an order upon the State to pay
the cost of the proceedings, from funds appropriated by the General Assembly
for that purpose.
(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code. Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Administrative Office of the
Illinois Courts.
(Source: P.A. 90-765, eff. 8-14-98.)
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405 ILCS 5/4-616
(405 ILCS 5/4-616) (from Ch. 91 1/2, par. 4-616)
Sec. 4-616.
(a) When a client is admitted upon court order, the
order may authorize a relative or friend of the client to transport the
client to the developmental disabilities facility if such person is able
to do so safely and humanely. When the Department indicates that it has
transportation to the facility available, the order may authorize the Department
to transport the client there. The court may order the sheriff of the county
in which such proceedings are held to transport the client to the facility.
(b) Upon the delivery of a client to a facility, in accordance with the
procedure set forth in this
Article, the facility director of the facility shall sign a receipt acknowledging
custody of the client and for
any personal property belonging to him or her, which receipt shall be
filed with the clerk of the court which entered
the admission order.
(Source: P.A. 83-346.)
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405 ILCS 5/4-617
(405 ILCS 5/4-617) (from Ch. 91 1/2, par. 4-617)
Sec. 4-617.
Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the
court record.
(Source: P.A. 83-346.)
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