093_SB1495

 
                                     LRB093 03858 DRJ 03893 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 Section 3-801 and
 6    adding Section 3-801.5 as follows:

 7        (405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
 8        Sec. 3-801.  A respondent may  request  admission  as  an
 9    informal  or  voluntary  recipient  at  any  time prior to an
10    adjudication that he is subject to involuntary admission. The
11    facility director shall approve such  a  request  unless  the
12    facility  director  determines  that the respondent lacks the
13    capacity to consent to informal  or  voluntary  admission  or
14    that   informal   or   voluntary   admission   is  clinically
15    inappropriate. The director shall  not  find  that  voluntary
16    admission  is  clinically  inappropriate  in the absence of a
17    documented history of the respondent's illness and  treatment
18    demonstrating  that the respondent is unlikely to continue to
19    receive needed treatment following release from  informal  or
20    voluntary   admission  and  that  an  order  for  alternative
21    treatment or for care and custody is necessary  in  order  to
22    ensure  continuity  of  treatment  outside  a  mental  health
23    facility.
24        If  the  facility  director  approves such a request, the
25    court may dismiss the pending  proceedings  but  may  require
26    proof  that  such  dismissal  is  in the best interest of the
27    respondent and of the public.
28    (Source: P.A. 88-380.)

29        (405 ILCS 5/3-801.5 new)
30        Sec. 3-801.5.  Agreed order for alternative treatment  or
 
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 1    care and custody.
 2        (a)  At any time before the conclusion of the hearing and
 3    the  entry  of  the  court's findings, a respondent may enter
 4    into an agreement to be subject to an order  for  alternative
 5    treatment  or  care  and  custody as provided for in Sections
 6    3-811, 3-812, 3-813, and 3-815 of this Code, provided that:
 7             (1)  The court and the parties have  been  presented
 8        with  a  written report pursuant to Section 3-810 of this
 9        Code  containing   a   recommendation   for   alternative
10        treatment or care and custody and setting forth in detail
11        the  conditions  for  such  an  order,  and  the court is
12        satisfied that the proposal for alternative treatment  or
13        care   and  custody  is  in  the  best  interest  of  the
14        respondent and of the public.
15             (2)  The  court  advises  the  respondent   of   the
16        conditions  of  the  proposed  order in open court and is
17        satisfied that the respondent understands and  agrees  to
18        the  conditions  of  the  proposed  order for alternative
19        treatment or care and custody.
20             (3)  The  proposed  custodian  is  advised  of   the
21        recommendation  for  care and custody and agrees to abide
22        by the terms of the proposed order.
23             (4)  No such order may require the respondent to  be
24        hospitalized except as provided in subsection (b) of this
25        Section.
26             (5)  No  order  may include as one of its conditions
27        the administration of psychotropic medication, unless the
28        court determines, based on the documented history of  the
29        respondent's  treatment  and illness, that the respondent
30        is unlikely to continue to  receive  needed  psychotropic
31        medication in the absence of such an order.
32        (b)  An agreed order of care and custody entered pursuant
33    to  this  Section  may  grant  the custodian the authority to
34    admit a respondent to a hospital if the respondent  fails  to
 
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 1    comply  with the conditions of the agreed order. If necessary
 2    in order to obtain the hospitalization of the respondent, the
 3    custodian may apply to the court for an order authorizing  an
 4    officer  of the peace to take the respondent into custody and
 5    transport the respondent to the  hospital  specified  in  the
 6    agreed  order.  The  provisions of Section 3-605 of this Code
 7    shall govern the transportation of the respondent to a mental
 8    health facility, except to the extent that  those  provisions
 9    are   inconsistent  with  this  Section.  However,  a  person
10    admitted to a hospital pursuant to powers  granted  under  an
11    agreed  order  for  care  and  custody  shall be treated as a
12    voluntary recipient pursuant to Article IV  of  this  Chapter
13    and  shall  be  advised  immediately  of  his or her right to
14    request a discharge pursuant to Section 3-403 of this Code.
15        (c) If the court has appointed counsel for the respondent
16    pursuant to Section 3-805  of  this  Code,  that  appointment
17    shall  continue  for  the duration of any order entered under
18    this Section, and the  respondent  shall  be  represented  by
19    counsel in any proceeding held pursuant to this Section.
20        (d)  An  order  entered  under  this  Section  shall  not
21    constitute  a  finding  that  the  respondent  is  subject to
22    involuntary admission.
23        (e)  Nothing in this Section shall be deemed to create an
24    agency relationship between the respondent and any  custodian
25    appointed pursuant to this Section.
26        (f)  Notwithstanding any other provision of Illinois law,
27    no  respondent  may  be  cited for contempt for violating the
28    terms and conditions of his or her agreed order of  care  and
29    custody.