Public Act 90-0765 of the 90th General Assembly
Public Act 90-0765
HB3492 Enrolled LRB9011548SMpc
AN ACT to amend the Mental Health and Developmental
Disabilities Code by changing Sections 3-816, 3-818, 4-613,
and 4-615.
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 Sections 3-816,
3-818, 4-613, and 4-615 as follows:
(405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
Sec. 3-816. Final orders; copies; appeal.
(a) Every final order entered by the court under this
Act 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 recipient or his or her attorney and to the
facility director of the facility or alternative treatment to
which the recipient is admitted or to the person in whose
care and custody the recipient is placed.
(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 recipient orally and in
writing 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 recipient wishes to
appeal and is unable to obtain counsel, counsel shall be
appointed pursuant to Section 3-805.
(Source: P.A. 88-380.)
(405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
Sec. 3-818. Fees; costs.
(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. 80-1414.)
(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. 80-1414.)
(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. 80-1414.)
Section 99. Effective date. This Act takes effect upon
becoming law.