Illinois Compiled Statutes
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405 ILCS 5/3-800
(405 ILCS 5/3-800)
(from Ch. 91 1/2, par. 3-800)
(a) Unless otherwise indicated, court hearings under this
Chapter shall be held pursuant to this Article. Hearings shall be held
in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental health facility
where the respondent is hospitalized. The respondent may
request to have the proceedings transferred to the county of his or her residence. The court shall grant the request if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(c) Court hearings under this Chapter, including hearings under Section
2-107.1, shall be open to the press and public unless the
respondent or some other party requests that they be closed. The court may
also indicate its intention to close a hearing, including when it determines
that the respondent may be unable to make a reasoned decision to request that
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by a party or any
other person. If
an objection is made, the court shall not close the hearing unless, following a
hearing, it determines that the patient's interest in having the hearing closed
is compelling. The court shall support its determination with written findings
of fact and conclusions of law. The court shall not close the hearing if the
respondent objects to its closure. Whenever a court determines that a hearing
shall be closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the parties involved
in the hearing, court personnel, and any person or agency providing mental
health services that are the subject of the hearing. Access may also
be granted, however, pursuant to the provisions of the Mental Health and
Disabilities Confidentiality Act.
(d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under this Code to determine if the defendant is:
(1) in need of mental health services on an inpatient
(2) in need of mental health services on an
(3) not in need of mental health services.
While the impact statement to the court allowed under this subsection (d) may include the impact that the respondent's criminal conduct has had upon the victim, victim's representative, or victim's family or household member, the court may only consider the impact statement along with all other appropriate factors in determining the:
(i) threat of serious physical harm posed by the
respondent to himself or herself, or to another person;
(ii) location of inpatient or outpatient mental
health services ordered by the court, but only after complying with all other applicable administrative requirements, rules, and statutory requirements;
(iii) maximum period of commitment for inpatient
mental health services; and
(iv) conditions of release for outpatient mental
health services ordered by the court.
(e) Notwithstanding the provisions of Section 2-1009 of the Code of Civil Procedure, a respondent may object to a motion for voluntary dismissal and the court may refuse to grant such a dismissal for good cause shown.
(Source: P.A. 99-220, eff. 7-31-15.)