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Public Act 094-0521 |
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AN ACT in relation to health.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended
by changing Section 3-801 and | ||||
adding Section 3-801.5 as follows:
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(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 | ||||
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
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treatment outside a mental health facility.
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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.
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(Source: P.A. 88-380.)
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(405 ILCS 5/3-801.5 new)
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Sec. 3-801.5. Agreed order for alternative treatment or | ||||
care and custody.
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(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:
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(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
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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.
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(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
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custody.
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(3) The proposed custodian is advised of the | ||
recommendation for care and
custody and agrees to abide by | ||
the terms of the proposed order.
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(4) No such order may require the respondent to be | ||
hospitalized except as
provided in subsection (b) of this | ||
Section.
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(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
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unlikely to
continue to receive needed psychotropic | ||
medication in the absence of such an
order.
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(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
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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
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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,
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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.
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(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.
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(d) An order entered under this Section shall not | ||
constitute a finding that
the
respondent is subject to | ||
involuntary admission.
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(e) Nothing in this Section shall be deemed to create an | ||
agency relationship
between the respondent and any custodian | ||
appointed pursuant to this Section.
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(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.
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