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Public Act 91-0837
SB1599 Enrolled SRS91S0073AWcb
AN ACT to amend the Mental Health and Developmental
Disabilities Code by changing Sections 3-603, 3-701, and
3-704 and adding Section 3-704.1.
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 3-603,
3-701, and 3-704 and adding Section 3-704.1 as follows:
(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603. (a) If no physician, qualified examiner, or
clinical psychologist or qualified certifier at a
participating mental health center is immediately available
or it is not possible after a diligent effort to obtain the
certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon
presentation of the petition alone pending the obtaining of
such a certificate, except that if admission is sought to a
State-operated mental health facility and the Community
Service Area has a participating mental health center, the
participating mental health center shall be notified and
shall provide a qualified certifier to conduct a screening
within 24 hours.
(b) In such instance the petition shall conform to the
requirements of Section 3-601 and further specify that:
1. the petitioner believes, as a result of his personal
observation, that the respondent is subject to involuntary
admission;
2. a diligent effort was made to obtain a certificate;
and
3. no physician, qualified examiner, or clinical
psychologist could be found who has examined or could examine
the respondent; and.
4. a diligent effort has been made to convince the
respondent to appear voluntarily for examination by a
physician, qualified examiner, or clinical psychologist,
unless the petitioner reasonably believes that effort would
impose a risk of harm to the respondent or others.
(Source: P.A. 88-484.)
(405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)
Sec. 3-701. (a) Any person 18 years of age or older may
execute a petition asserting that another person is subject
to involuntary admission. The petition shall be prepared
pursuant to paragraph (b) of Section 3-601 and shall be filed
with the court in the county where the respondent resides or
is present.
(b) The court may inquire of the petitioner whether
there are reasonable grounds to believe that the facts stated
in the petition are true and whether the respondent is
subject to involuntary admission. The inquiry may proceed
without notice to the respondent only if the petitioner
alleges facts showing that an emergency exists such that
immediate hospitalization is necessary and the petitioner
testifies before the court as to the factual basis for the
allegations.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
Sec. 3-704. Examination; detention.
(a) The respondent shall be permitted to remain in his
place of residence pending any examination. He may be
accompanied by one or more of his relatives or friends or by
his attorney to the place of examination. If, however, the
court finds that it is necessary in order to complete the
examination the court may order that the person be admitted
to a mental health facility pending examination and may order
a peace officer or other person to transport him there. If
examination and detention is sought at a State-operated
mental health facility and the Community Service Area has a
participating mental health center, the person shall be seen
for a screening examination by a qualified certifier. After
examination, the participating mental health center shall
recommend to the court an appropriate treatment setting. If
the appropriate setting is a State-operated mental health
facility, the participating mental health center shall
provide a written statement, as required under Section
3-601.1, obtained from a qualified certifier recommending
admission to a State-operated mental health facility.
Whenever possible the examination shall be conducted at a
local mental health facility. No person may be detained for
examination under this Section for more than 24 hours. The
person shall be released upon completion of the examination
unless the physician, qualified examiner or clinical
psychologist executes a certificate stating that the person
is subject to involuntary admission and in need of immediate
hospitalization to protect such person or others from
physical harm. Upon admission under this Section treatment
may be given pursuant to Section 3-608.
(a-5) Whenever a respondent has been transported to a
mental health facility for an examination, the admitting
facility shall inquire, upon the respondent's arrival,
whether the respondent wishes any person or persons to be
notified of his or her detention at that facility. If the
respondent does wish to have any person or persons notified
of his or her detention at the facility, the facility must
promptly make all reasonable attempts to locate the
individual identified by the respondent, or at least 2
individuals identified by the respondent if more than one has
been identified, and notify them of the respondent's
detention at the facility for a mandatory examination
pursuant to court order.
(b) Not later than 24 hours, excluding Saturdays,
Sundays, and holidays, after admission under this Section,
the respondent shall be asked if he desires the petition and
the notice required under Section 3-206 sent to any other
persons and at least 2 such persons designated by the
respondent shall be sent the documents. At the time of his
admission the respondent shall be allowed to complete not
fewer than 2 telephone calls to such persons as he chooses.
(Source: P.A. 88-484.)
(405 ILCS 5/3-704.1 new)
Sec. 3-704.1. Task force.
(a) The Illinois Law Enforcement Training Standards
Board shall convene a task force for the purpose of
developing and recommending for adoption by the Board a model
protocol concerning the involvement of mental health
professionals when a peace officer is required to transport
an individual for a mental health examination pursuant to an
order entered under subsection (a) of Section 3-704. The
task force in its discretion may also develop other model
protocols concerning the interaction between law enforcement
and individuals with mental illness. The task force shall
have no more than 19 members, appointed by the Executive
Director of the Illinois Law Enforcement Training Standards
Board, and shall be comprised of the following: (i) up to 8
representatives from law enforcement, (ii) up to 8
representatives of community mental health service providers
and State operated and private psychiatric hospitals,
including up to 3 representatives of the Office of Mental
Health, Department of Human Services, and (iii) 3 members of
the general public, at least one of whom must be a primary
consumer of mental health services. In establishing the task
force every effort shall be made to ensure that it represents
the geographic diversity of the State.
(b) The members of the task force shall serve without
compensation and shall not receive reimbursement for any
expense incurred in performing their duties.
(c) Prior to taking any formal action upon the
recommendations of the task force, the Board shall hold a
public hearing to provide the opportunity for individuals
with mental illness and their family members, mental health
advocacy organizations, and the public at large to review,
comment upon, and suggest any changes to the proposed model
protocols.
(d) The Board shall submit to the General Assembly, no
later than March 1, 2001, whatever model protocols it has
adopted under subsection (a).
Section 99. Effective date. This Act takes effect upon
becoming law.
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