Full Text of SB0839 97th General Assembly
SB0839sam002 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 839
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 839 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 1-109, 2-104, | 6 | | 3-600, 3-610, and 3-809 as follows:
| 7 | | (405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109)
| 8 | | Sec. 1-109.
"Discharge" means the full physical release | 9 | | from a mental health facility of any person admitted
or | 10 | | otherwise detained under this Act from treatment, | 11 | | habilitation, or care and custody.
| 12 | | (Source: P.A. 80-1414.)
| 13 | | (405 ILCS 5/2-104) (from Ch. 91 1/2, par. 2-104)
| 14 | | Sec. 2-104.
Every recipient who resides in a mental health | 15 | | or developmental
disabilities facility shall be permitted to |
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| 1 | | receive, possess and use personal
property and shall be | 2 | | provided with a reasonable amount of storage space
therefor, | 3 | | except in the circumstances and under the conditions provided | 4 | | in this Section.
| 5 | | (a) Possession and use of certain classes of property may | 6 | | be restricted
by the facility director when necessary to | 7 | | protect the recipient or others
from harm, provided that notice | 8 | | of such restriction shall be given to all recipients
upon | 9 | | admission.
| 10 | | (b) The professional responsible for overseeing the | 11 | | implementation of
a recipient's services plan may, with the | 12 | | approval of the facility director,
restrict the right to | 13 | | property when necessary to protect such recipient
or others | 14 | | from harm.
| 15 | | (c) When a recipient or a respondent is discharged from the | 16 | | mental health or developmental
disabilities facility, all of | 17 | | his or her lawful personal property which is in the
custody of | 18 | | the facility shall be returned to him .
| 19 | | (Source: P.A. 80-1414.)
| 20 | | (405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) | 21 | | Sec. 3-600. A person 18 years of age or older who is not | 22 | | currently physically present at the facility and who is subject | 23 | | to involuntary
admission on an inpatient basis and in need of | 24 | | immediate hospitalization may be admitted to a
mental health | 25 | | facility pursuant to this Article. |
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| 1 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
| 2 | | (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
| 3 | | Sec. 3-610.
As soon as possible but not later than 24 | 4 | | hours, excluding
Saturdays, Sundays and holidays, after | 5 | | admission of a respondent pursuant
to this Article, the | 6 | | respondent shall be examined by a psychiatrist. The
| 7 | | psychiatrist may be a member of the staff of the facility but | 8 | | shall not
be the person who executed the first certificate. If | 9 | | a certificate has already been completed by a psychiatrist | 10 | | following the respondent's admission, the respondent shall be | 11 | | examined by another psychiatrist or by a physician, clinical | 12 | | psychologist, or qualified examiner. If, as a result of this | 13 | | second examination, a certificate is executed, the certificate | 14 | | shall be promptly filed with the court. If the certificate | 15 | | states that the respondent is subject to involuntary admission | 16 | | but not in need of immediate hospitalization, the respondent | 17 | | may remain in his or her place of residence pending a hearing | 18 | | on the petition unless he or she voluntarily agrees to | 19 | | inpatient treatment. If the respondent is
not examined or if | 20 | | the psychiatrist, physician, clinical psychologist, or | 21 | | qualified examiner does not execute a certificate pursuant
to | 22 | | Section 3-602, the respondent shall be immediately discharged | 23 | | released forthwith .
| 24 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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| 1 | | (405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809) | 2 | | Sec. 3-809. If the respondent is not found subject to | 3 | | involuntary admission on an inpatient or outpatient basis,
or | 4 | | there has been a failure to fully comply with the procedures of | 5 | | this Code, the court shall dismiss the petition and order the | 6 | | respondent discharged.
If the respondent is found subject to | 7 | | involuntary admission on an inpatient or outpatient basis, the | 8 | | court shall
enter an order so specifying. If the court is not | 9 | | satisfied with the verdict
of the jury finding the respondent | 10 | | subject to involuntary admission on an inpatient or outpatient | 11 | | basis, it
may set aside such verdict and order the respondent | 12 | | discharged or it may
order another hearing. Absent a new | 13 | | petition filed prior to the entry of the court's order and | 14 | | subject to the mandates of this Code, there shall be no | 15 | | exception to the respondent's full discharge absent the | 16 | | respondent's request to remain at the facility as an informal | 17 | | or voluntary recipient. | 18 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)".
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