State of Illinois
91st General Assembly
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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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