093_SB1185

 
                                     LRB093 07571 DRJ 07747 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities Code is amended by  changing  Sections  2-107.1,
 6    3-800, and 3-802 as follows:


 7        (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
 8        Sec.  2-107.1.  Administration  of authorized involuntary
 9    treatment upon application to a court.
10        (a)  An adult recipient of services and  the  recipient's
11    guardian,  if  the  recipient  is under guardianship, and the
12    substitute decision maker, if any, shall be informed  of  the
13    recipient's right to refuse medication. The recipient and the
14    recipient's  guardian  or  substitute decision maker shall be
15    given the opportunity to  refuse  generally  accepted  mental
16    health  or  developmental  disability services, including but
17    not limited to medication.
18        (a-5)  Notwithstanding the provisions of Section 2-107 of
19    this  Code,   authorized   involuntary   treatment   may   be
20    administered  to  an  adult recipient of services without the
21    informed  consent  of  the  recipient  under  the   following
22    standards:
23             (1)  Any  person 18 years of age or older, including
24        any guardian, may petition the circuit court for an order
25        authorizing the administration of authorized  involuntary
26        treatment  to a recipient of services. The petition shall
27        state that the petitioner has made a good  faith  attempt
28        to  determine  whether the recipient has executed a power
29        of attorney for health care under the Powers of  Attorney
30        for  Health  Care  Law or a declaration for mental health
 
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 1        treatment under the Mental  Health  Treatment  Preference
 2        Declaration Act and to obtain copies of these instruments
 3        if  they exist.  If either of the above-named instruments
 4        is available to the petitioner, the instrument or a  copy
 5        of the instrument shall be attached to the petition as an
 6        exhibit.  The  petitioner  shall  deliver  a  copy of the
 7        petition, and  notice  of  the  time  and  place  of  the
 8        hearing,  to  the  respondent,  his  or her attorney, any
 9        known  agent  or  attorney-in-fact,  if  any,   and   the
10        guardian,  if any, no later than 3 days prior to the date
11        of the hearing. Service of the petition and notice of the
12        time and place of the hearing may be made by transmitting
13        them via facsimile machine to  the  respondent  or  other
14        party.   Upon  receipt  of  the  petition and notice, the
15        party served, or the person delivering the  petition  and
16        notice  to  the  party served, shall acknowledge service.
17        If the party sending the petition  and  notice  does  not
18        receive  acknowledgement  of  service  within  24  hours,
19        service must be made by personal service.
20             The  petition  may  include a request that the court
21        authorize such testing and procedures as may be essential
22        for  the  safe  and  effective  administration   of   the
23        authorized    involuntary    treatment   sought   to   be
24        administered, but only where the petition sets forth  the
25        specific    testing   and   procedures   sought   to   be
26        administered.
27             If a hearing is requested  to  be  held  immediately
28        following  the  hearing  on  a  petition  for involuntary
29        admission, then the notice requirement shall be the  same
30        as  that  for the hearing on the petition for involuntary
31        admission,  and  the  petition  filed  pursuant  to  this
32        Section shall be filed with the petition for  involuntary
33        admission.
34             (2)  The court shall hold a hearing within 7 days of
 
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 1        the  filing of the petition.  The People, the petitioner,
 2        or the respondent shall be entitled to a  continuance  of
 3        up  to  7 days as of right.  An additional continuance of
 4        not more than 7 days may be granted to any party (i) upon
 5        a showing that the continuance  is  needed  in  order  to
 6        adequately  prepare  for or present evidence in a hearing
 7        under   this   Section   or   (ii)   under    exceptional
 8        circumstances.    The   court  may  grant  an  additional
 9        continuance  not  to  exceed  21  days   when,   in   its
10        discretion,  the court determines that such a continuance
11        is necessary in order to provide the  recipient  with  an
12        examination  pursuant  to  Section 3-803 or 3-804 of this
13        Act, to provide the recipient with a  trial  by  jury  as
14        provided  in Section 3-802 of this Act, or to arrange for
15        the substitution  of  counsel  as  provided  for  by  the
16        Illinois  Supreme  Court  Rules.  The  hearing  shall  be
17        separate  from  a  judicial  proceeding held to determine
18        whether a person is subject to involuntary admission  but
19        may  be  heard  immediately preceding or following such a
20        judicial proceeding and may be heard by the same trier of
21        fact or law as in that judicial proceeding.
22             (3)  Unless   otherwise   provided    herein,    the
23        procedures set forth in Article VIII of Chapter 3 of this
24        Act,  including  the  provisions regarding appointment of
25        counsel, shall govern hearings held under this subsection
26        (a-5).
27             (4)  Authorized involuntary treatment shall  not  be
28        administered   to   the  recipient  unless  it  has  been
29        determined by clear and convincing evidence that  all  of
30        the following factors are present:
31                  (A)  That  the  recipient  has a serious mental
32             illness or developmental disability.
33                  (B)  That because of  said  mental  illness  or
34             developmental disability, the recipient exhibits any
 
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 1             one  of  the  following at the time it is determined
 2             that this factor (B) is present:  (i)  deterioration
 3             of  his  or  her ability to function, as compared to
 4             the recipient's ability to function before the onset
 5             of symptoms of the mental illness or disability  for
 6             which  the authorized involuntary treatment is being
 7             sought,  (ii)  suffering,   or   (iii)   threatening
 8             behavior.
 9                  (C)  That the illness or disability has existed
10             for  a  period  marked by the continuing presence of
11             the  symptoms  set  forth  in  item  (B)   of   this
12             subdivision  (4) or the repeated episodic occurrence
13             of these symptoms.
14                  (D)  That  the  benefits   of   the   treatment
15             outweigh the harm.
16                  (E)  That  the  recipient lacks the capacity to
17             make a reasoned decision about the treatment.
18                  (F)  That other less restrictive services  have
19             been explored and found inappropriate.
20                  (G)  If  the  petition  seeks authorization for
21             testing and other procedures, that such testing  and
22             procedures  are essential for the safe and effective
23             administration of the treatment.
24             (5)  In no event shall an order  issued  under  this
25        Section  be  effective  for  more  than 90 days. A second
26        90-day period of involuntary treatment may be  authorized
27        pursuant  to  a  hearing that complies with the standards
28        and procedures  of  this  subsection  (a-5).  Thereafter,
29        additional  180-day  periods of involuntary treatment may
30        be authorized pursuant to the standards and procedures of
31        this  Section  without  limit.  If  a  new  petition   to
32        authorize  the  administration  of authorized involuntary
33        treatment  is  filed  at  least  15  days  prior  to  the
34        expiration of the prior order, and if any continuance  of
 
                            -5-      LRB093 07571 DRJ 07747 b
 1        the   hearing   is   agreed  to  by  the  recipient,  the
 2        administration  of  the   treatment   may   continue   in
 3        accordance with the prior order pending the completion of
 4        a hearing under this Section.
 5             (6)  An  order  issued  under  this subsection (a-5)
 6        shall designate the persons authorized to administer  the
 7        authorized  involuntary treatment under the standards and
 8        procedures of this subsection (a-5). Those persons  shall
 9        have  complete discretion not to administer any treatment
10        authorized under  this  Section.  The  order  shall  also
11        specify  the  medications  and  the  anticipated range of
12        dosages that have been authorized.
13        (b)  A guardian may  be  authorized  to  consent  to  the
14    administration  of  authorized  involuntary  treatment  to an
15    objecting recipient only under the standards  and  procedures
16    of subsection (a-5).
17        (c)  Notwithstanding any other provision of this Section,
18    a  guardian  may  consent to the administration of authorized
19    involuntary treatment  to  a  non-objecting  recipient  under
20    Article XIa of the Probate Act of 1975.
21        (d)  Nothing   in   this   Section   shall   prevent  the
22    administration  of  authorized   involuntary   treatment   to
23    recipients in an emergency under Section 2-107 of this Act.
24        (e)  Notwithstanding   any  of  the  provisions  of  this
25    Section, authorized involuntary treatment may be administered
26    pursuant to a power of attorney for  health  care  under  the
27    Powers  of  Attorney for Health Care Law or a declaration for
28    mental health treatment under  the  Mental  Health  Treatment
29    Preference Declaration Act.
30    (Source:  P.A.  91-726,  eff.  6-2-00;  91-787,  eff. 1-1-01;
31    92-16, eff. 6-28-01.)

32        (405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
33        Sec. 3-800.  (a) Court hearings under this Chapter  shall
 
                            -6-      LRB093 07571 DRJ 07747 b
 1    be held in the mental health facility where the respondent is
 2    hospitalized  if  the  facility  has the physical capacity to
 3    accommodate such a hearing. If  the  facility  is  unable  to
 4    accommodate  the  hearing, the hearing shall be commenced (i)
 5    in a facility used as a courthouse in the county in which the
 6    mental health facility is located or (ii) if necessitated  by
 7    the   respondent's   condition,   in  another  mental  health
 8    facility. The respondent may  request  that  the  hearing  be
 9    transferred to any other facility used as a courthouse in the
10    same county or to any other county for the convenience of the
11    parties  or  witnesses.  The petitioner also may request that
12    the hearing be transferred to any other facility  used  as  a
13    courthouse  in the same county or to any other county for the
14    convenience of the parties or witnesses, but  the  court  may
15    not  grant the petitioner's request if the respondent objects
16    to the transfer. Unless otherwise indicated,  court  hearings
17    under  this  Chapter  shall be held pursuant to this Article.
18    Hearings shall be held in such quarters as the court directs.
19    To the extent practical, hearings shall be held in the mental
20    health facility where the respondent  is  hospitalized.   Any
21    party  may request a change of venue or transfer to any other
22    county because of the convenience of parties or witnesses  or
23    the  condition of the respondent.  The respondent may request
24    to have the proceedings transferred  to  the  county  of  his
25    residence.
26        (b)  If  the court grants a continuance on its own motion
27    or upon the motion of one of the parties, the respondent  may
28    continue  to  be detained pending further order of the court.
29    Such continuance shall not extend beyond 15  days  except  to
30    the extent that continuances are requested by the respondent.
31        (c)  Court   hearings   under   this  Chapter,  including
32    hearings under Section 2-107.1, shall be open  to  the  press
33    and public unless the respondent or some other party requests
34    that  they  be  closed.   The  court  may  also  indicate its
 
                            -7-      LRB093 07571 DRJ 07747 b
 1    intention to close a hearing, including  when  it  determines
 2    that the respondent may be unable to make a reasoned decision
 3    to  request  that  the  hearing  be closed.  A request that a
 4    hearing be  closed  shall  be  granted  unless  there  is  an
 5    objection  to  closing  the  hearing  by a party or any other
 6    person. If an objection is made, the court  shall  not  close
 7    the  hearing  unless, following a hearing, it determines that
 8    the patient's  interest  in  having  the  hearing  closed  is
 9    compelling.   The  court shall support its determination with
10    written findings of fact and conclusions of law.   The  court
11    shall  not close the hearing if the respondent objects to its
12    closure.  Whenever a court determines that a hearing shall be
13    closed, access to the records of the hearing,  including  but
14    not    limited to transcripts and pleadings, shall be limited
15    to the parties involved in the hearing, court personnel,  and
16    any  person  or  agency providing mental health services that
17    are the subject of the hearing.  Access may also be  granted,
18    however,  pursuant to the provisions of the Mental Health and
19    Developmental Disabilities Confidentiality Act.
20    (Source: P.A. 90-538, eff. 12-1-97.)

21        (405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
22        Sec.  3-802.  Except  as  otherwise  provided   in   this
23    Section, the respondent is entitled to a jury on the question
24    of  whether he is subject to involuntary admission.  The jury
25    shall consist of 6 persons to be chosen in the same manner as
26    are jurors in other civil proceedings. A  respondent  is  not
27    entitled  to  a  jury  on  the question of whether authorized
28    involuntary  treatment  may  be  administered  under  Section
29    2-107.1.
30    (Source: P.A. 80-1414.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.