|Public Act 099-0220|
|SB0834 Enrolled||LRB099 03852 RLC 23866 b|
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Mental Health and Developmental
Disabilities Code is amended by changing Section 3-800 as
(405 ILCS 5/3-800)
(from Ch. 91 1/2, par. 3-800)
(a) Unless otherwise indicated, court hearings
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
where the respondent is hospitalized.
may request a change of
venue or transfer to any other county
because of the convenience of parties
or witnesses or the
condition of the respondent.
The respondent may
request to have
the proceedings transferred to the county of his
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
2-107.1, shall be open to the press and public
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
determines that the patient's interest in having the hearing
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
closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the
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 outpatient
(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