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90_HB3492eng
405 ILCS 5/3-816 from Ch. 91 1/2, par. 3-816
405 ILCS 5/3-818 from Ch. 91 1/2, par. 3-818
405 ILCS 5/4-613 from Ch. 91 1/2, par. 4-613
405 ILCS 5/4-615 from Ch. 91 1/2, par. 4-615
Amends the Mental Health and Developmental Disabilities
Code. Provides that indigent respondents are entitled to
free transcripts of proceedings under the Code. Provides
that payment for the transcripts shall be made from funds
appropriated by the General Assembly to the Administrative
Office of Illinois Courts. Effective immediately.
LRB9011548SMpc
HB3492 Engrossed LRB9011548SMpc
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 3-816, 3-818, 4-613,
3 and 4-615.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 3-816,
8 3-818, 4-613, and 4-615 as follows:
9 (405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
10 Sec. 3-816. Final orders; copies; appeal.
11 (a) Every final order entered by the court under this
12 Act shall be in writing and shall be accompanied by a
13 statement on the record of the court's findings of fact and
14 conclusions of law. A copy of such order shall be promptly
15 given to the recipient or his attorney and to the facility
16 director of the facility or alternative treatment to which
17 the recipient is admitted or to the person in whose care and
18 custody the recipient is placed.
19 (b) An appeal from a final order may be taken in the
20 same manner as in other civil cases. Upon entry of a final
21 order, the court shall notify the recipient orally and in
22 writing of his right to appeal and, if he is indigent, of his
23 right to a free transcript and counsel and a free transcript
24 pursuant to subsection (c) of Section 3-818 and subsection
25 (c) of Section 4-615 of this Code. If the recipient wishes
26 to appeal and is unable to obtain counsel, counsel shall be
27 appointed pursuant to Section 3-805.
28 (Source: P.A. 88-380.)
29 (405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
30 Sec. 3-818. Fees; costs.
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1 (a) Fees for jury service, witnesses, and service and
2 execution of process are the same as for similar services in
3 civil proceedings.
4 (b) Except as provided under subsection (c) of this
5 Section, the court may assess costs of the proceedings
6 against the parties. If the respondent is not a resident of
7 the county in which the hearing is held and the party against
8 whom the court would otherwise assess costs has insufficient
9 funds to pay the costs, the court may enter an order upon the
10 State to pay the cost of the proceedings, from funds
11 appropriated by the General Assembly for that purpose.
12 (c) If the respondent is a party against whom the court
13 would otherwise assess costs and that respondent is
14 determined by the court to have insufficient funds to pay the
15 cost of transcripts for the purpose of appeal, the court
16 shall enter an order upon the State to pay the cost of one
17 original and one copy of a transcript of proceedings
18 established under this Code. Payment of transcript costs
19 authorized under this subsection (c) shall be paid from funds
20 appropriated by the General Assembly to the Administrative
21 Office of the Illinois Courts.
22 (Source: P.A. 80-1414.)
23 (405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
24 Sec. 4-613. Final orders; notice; appeals.
25 (a) Every final order of the court shall be in writing
26 and shall be accompanied by a statement on the record of the
27 court's findings of fact and conclusions of law. A copy of
28 such order shall be promptly given to the client, his
29 attorney, and the facility director of the developmental
30 disabilities facility or program to which the respondent is
31 admitted.
32 (b) An appeal from a final order may be taken in the
33 same manner as in other civil cases. Upon entry of a final
HB3492 Engrossed -3- LRB9011548SMpc
1 order, the court shall notify the client of his right to
2 appeal and, if he is indigent, of his right to a free
3 transcript and counsel and a free transcript pursuant to
4 subsection (c) of Section 3-818 and subsection (c) of Section
5 4-615 of this Code. If the client wishes to appeal and is
6 unable to obtain counsel, counsel shall be appointed pursuant
7 to the provisions of Section 4-605.
8 (Source: P.A. 80-1414.)
9 (405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
10 Sec. 4-615. Fees; costs; State funds.
11 (a) Fees for jury service, witnesses, and service and
12 execution of process are the same as for similar services in
13 civil proceedings.
14 (b) Except as provided under subsection (c) of this
15 Section, the court may assess costs of the proceedings
16 against the parties. If the respondent is not a resident of
17 the county in which the hearing is held and the party against
18 whom the court would otherwise assess costs has insufficient
19 funds to pay the costs, the court may enter an order upon the
20 State to pay the cost of the proceedings, from funds
21 appropriated by the General Assembly for that purpose.
22 (c) If the respondent is a party against whom the court
23 would otherwise assess costs and that respondent is
24 determined by the court to have insufficient funds to pay the
25 cost of transcripts for the purpose of appeal, the court
26 shall enter an order upon the State to pay the cost of one
27 original and one copy of a transcript of proceedings
28 established under this Code. Payment of transcript costs
29 authorized under this subsection (c) shall be paid from funds
30 appropriated by the General Assembly to the Administrative
31 Office of the Illinois Courts.
32 (Source: P.A. 80-1414.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.