Public Act 094-0521
HB3812 Enrolled LRB094 09019 DRJ 39240 b

    AN ACT in relation to health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 3-801 and
adding Section 3-801.5 as follows:
    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)
    Sec. 3-801. A respondent may request admission as an
informal or voluntary recipient at any time prior to an
adjudication that he is subject to involuntary admission. The
facility director shall approve such a request unless the
facility director determines that the respondent lacks the
capacity to consent to informal or voluntary admission or that
informal or voluntary admission is clinically inappropriate.
The director shall not find that voluntary admission is
clinically inappropriate in the absence of a documented history
of the respondent's illness and treatment demonstrating that
the respondent is unlikely to continue to receive needed
treatment following release from informal or voluntary
admission and that an order for alternative treatment or for
care and custody is necessary in order to ensure continuity of
treatment outside a mental health facility.
    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. 88-380.)
    (405 ILCS 5/3-801.5 new)
    Sec. 3-801.5. Agreed order for alternative treatment or
care and custody.
    (a) At any time before the conclusion of the hearing and
the entry of the court's findings, a respondent may enter into
an agreement to be subject to an order for alternative
treatment or care and custody as provided for in Sections
3-811, 3-812, 3-813, and 3-815 of this Code, provided that:
        (1) The court and the parties have been presented with
    a written report pursuant to Section 3-810 of this Code
    containing a recommendation for alternative treatment or
    care and custody and setting forth in detail the conditions
    for such an order, and the court is satisfied that the
    proposal for alternative treatment or care and custody is
    in the best interest of the respondent and of the public.
        (2) The court advises the respondent of the conditions
    of the proposed order in open court and is satisfied that
    the respondent understands and agrees to the conditions of
    the proposed order for alternative treatment or care and
        (3) The proposed custodian is advised of the
    recommendation for care and custody and agrees to abide by
    the terms of the proposed order.
        (4) No such order may require the respondent to be
    hospitalized except as provided in subsection (b) of this
        (5) No order may include as one of its conditions the
    administration of psychotropic medication, unless the
    court determines, based on the documented history of the
    respondent's treatment and illness, that the respondent is
    unlikely to continue to receive needed psychotropic
    medication in the absence of such an order.
    (b) An agreed order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a
respondent to a hospital if the respondent fails to comply with
the conditions of the agreed order. If necessary in order to
obtain the hospitalization of the respondent, the custodian may
apply to the court for an order authorizing an officer of the
peace to take the respondent into custody and transport the
respondent to the hospital specified in the agreed order. The
provisions of Section 3-605 of this Code shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. However, a person admitted to a hospital
pursuant to powers granted under an agreed order for care and
custody shall be treated as a voluntary recipient pursuant to
Article IV of this Chapter and shall be advised immediately of
his or her right to request a discharge pursuant to Section
3-403 of this Code.
    (c) If the court has appointed counsel for the respondent
pursuant to Section 3-805 of this Code, that appointment shall
continue for the duration of any order entered under this
Section, and the respondent shall be represented by counsel in
any proceeding held pursuant to this Section.
    (d) An order entered under this Section shall not
constitute a finding that the respondent is subject to
involuntary admission.
    (e) Nothing in this Section shall be deemed to create an
agency relationship between the respondent and any custodian
appointed pursuant to this Section.
    (f) Notwithstanding any other provision of Illinois law, no
respondent may be cited for contempt for violating the terms
and conditions of his or her agreed order of care and custody.