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91_SB1372
LRB9111449DJcd
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by changing Sections 3-901 and 3-902 and
3 adding Section 3-911.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Mental Health and Developmental
7 Disabilities Code is amended by changing Sections 3-901 and
8 3-902 and adding Section 3-911 as follows:
9 (405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901)
10 Sec. 3-901. (a) Upon the filing of a petition under
11 Section 3-900 or Section 3-906, the court shall set the
12 matter for hearing to be held within 5 days, excluding
13 Saturdays, Sundays, and holidays. The court shall direct
14 that notice of the time and place of the hearing be given to
15 the recipient, his attorney, his guardian, the facility
16 director, the person having care and custody of the
17 recipient, and to at least 2 persons whom the recipient may
18 designate.
19 (a-5) Before deciding the merits of a petition filed
20 under Section 3-900, the court shall ensure that the
21 recipient has been examined separately by 2 physicians during
22 the 45 days preceding that decision and that each such
23 physician has filed with the court a detailed written report
24 regarding the recipient's condition. The court may order
25 that the recipient be examined as required by this
26 subsection. The court may not enter an order discharging the
27 recipient unless the recipient has been examined as required
28 by this subsection.
29 (b) Article VIII of this Chapter applies to hearings
30 held under this Section. If the court finds that the
31 recipient is not subject to involuntary admission, the court
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1 shall enter an order so finding and discharging the
2 recipient. If the court orders the discharge of a recipient
3 who was adjudicated as having mental illness pursuant to any
4 prior statute of this State or who was otherwise adjudicated
5 to be under legal disability, the court shall also enter an
6 order restoring the recipient to legal status without
7 disability unless the court finds that the recipient
8 continues to be under legal disability. A copy of any order
9 discharging the recipient shall be given to the recipient and
10 to the facility director.
11 (b-5) Before entering an order discharging the
12 recipient, the court shall determine whether there are any
13 criminal charges pending against the recipient. If the court
14 determines that there are any criminal charges pending
15 against the recipient, the court shall direct the clerk of
16 the court to give notice of the recipient's discharge as
17 follows:
18 (1) To the sheriff of the county where the charges
19 are pending, if the recipient is charged with a violation
20 of a law of this State.
21 (2) To the chief law enforcement officer of the
22 municipality where the charges are pending, if the
23 recipient is charged with a violation of a municipal
24 ordinance.
25 (3) To the sheriff of the county where the
26 recipient intends to reside, if the recipient intends to
27 reside in an unincorporated area.
28 (4) To the chief law enforcement officer of the
29 municipality where the recipient intends to reside, if
30 the recipient intends to reside in a municipality.
31 In a case in which 2 or more of the conditions specified
32 in items (1) through (4) are met, the clerk shall give the
33 notice required by each such condition that is met. The clerk
34 shall give the notice at least 48 hours before the
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1 recipient's discharge.
2 (c) If the court determines that the recipient continues
3 to be subject to involuntary admission, the court may
4 continue or modify its original order in accordance with this
5 Act. Thereafter, no new petition for discharge may be filed
6 without leave of court.
7 (Source: P.A. 88-380.)
8 (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
9 Sec. 3-902. Director initiated discharge.
10 (a) The facility director may at any time discharge an
11 informal, voluntary, or minor recipient who is clinically
12 suitable for discharge, except that no person shall be
13 discharged from a State-operated mental health facility, if
14 there is a participating mental health center located in a
15 Community Service Area in which the recipient intends to
16 live, without a written notice to the participating mental
17 health center.
18 (a-5) Before discharging or temporarily releasing a
19 recipient under this Section, the facility director shall
20 ensure that the recipient has been examined separately by 2
21 physicians during the 45 days preceding the discharge or
22 temporary release and that each such physician has filed with
23 the facility director a detailed written report regarding the
24 recipient's condition. The facility director may not
25 discharge or temporarily release the recipient unless the
26 recipient has been examined as required by this subsection.
27 (b) The facility director shall discharge a recipient
28 admitted upon court order under this Chapter or any prior
29 statute where he is no longer subject to involuntary
30 admission. If the facility director believes that continuing
31 treatment is advisable for such recipient, he shall inform
32 the recipient of his right to remain as an informal or
33 voluntary recipient.
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1 (c) When a facility director discharges or changes the
2 status of a recipient pursuant to this Section he shall
3 promptly notify the clerk of the court which entered the
4 original order of the discharge or change in status. Upon
5 receipt of such notice, the clerk of the court shall note the
6 action taken in the court record. If the person being
7 discharged is a person under legal disability, the facility
8 director shall also submit a certificate regarding his legal
9 status without disability pursuant to Section 3-907.
10 (d) When the facility director determines that discharge
11 is appropriate for a recipient pursuant to this Section or
12 Section 3-403 he or she shall notify the state's attorney of
13 the county in which the recipient resided immediately prior
14 to his admission to a mental health facility and the state's
15 attorney of the county where the last petition for commitment
16 was filed at least 48 hours prior to the discharge when
17 either state's attorney has requested in writing such
18 notification on that individual recipient or when the
19 facility director regards a recipient as a continuing threat
20 to the peace and safety of the community. Upon receipt of
21 such notice, the state's attorney may take any court action
22 or notify such peace officers that he deems appropriate.
23 (d-5) Before discharging or temporarily releasing the
24 recipient, the facility director shall determine whether
25 there are any criminal charges pending against the recipient.
26 If the facility director determines that there are any
27 criminal charges pending against the recipient, the facility
28 director shall give notice of the recipient's discharge or
29 temporary release as provided in subsection (b-5) of Section
30 3-901 for notice by the clerk of the court. The facility
31 director shall give the notice at least 48 hours before the
32 recipient's discharge or temporary release.
33 (e) The facility director may grant a temporary release
34 to a recipient whose condition is not considered appropriate
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1 for discharge where such release is considered to be
2 clinically appropriate, provided that the release does not
3 endanger the public safety.
4 (Source: P.A. 88-380; 88-484; 88-670, eff. 12-2-94; 89-439,
5 eff. 6-1-96.)
6 (405 ILCS 5/3-911 new)
7 Sec. 3-911. Domestic violence order of protection. An
8 order of protection, as defined in the Illinois Domestic
9 Violence Act of 1986, may be issued in conjunction with a
10 recipient's discharge or temporary release from a mental
11 health facility. In the case of a proceeding for discharge
12 under Section 3-901, an order of protection may be issued in
13 conjunction with that proceeding if the petition for an order
14 of protection alleges that the recipient committed domestic
15 violence against the petitioner or a person under the
16 petitioner's care. In the case of a recipient's discharge or
17 temporary release under Section 3-902, an order of protection
18 may be issued in a proceeding for an order of protection if
19 the petition for an order of protection alleges that the
20 recipient committed domestic violence against the petitioner
21 or a person under the petitioner's care. The Illinois
22 Domestic Violence Act of 1986 shall govern the issuance,
23 enforcement, and recording of an order of protection issued
24 under this Section.