State of Illinois
2015 and 2016


Introduced , by Rep. Laura Fine


405 ILCS 5/3-800  from Ch. 91 1/2, par. 3-800

    Amends the Mental Health and Developmental Disabilities Code concerning court hearings under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the Code. Deletes provision that any party 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. Provides that the court shall grant the request of the respondent to have the proceedings transferred to the county of his or her residence if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness. Effective immediately.

LRB099 03854 RLC 23868 b






HB2553LRB099 03854 RLC 23868 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-800 as
7    (405 ILCS 5/3-800)  (from Ch. 91 1/2, par. 3-800)
8    Sec. 3-800. (a) Unless otherwise indicated, court hearings
9under this Chapter shall be held pursuant to this Article.
10Hearings shall be held in such quarters as the court directs.
11To the extent practical, hearings shall be held in the mental
12health facility where the respondent is hospitalized. Any party
13may request a change of venue or transfer to any other county
14because of the convenience of parties or witnesses or the
15condition of the respondent. The respondent may request to have
16the proceedings transferred to the county of his or her
17residence. The court shall grant the request if and only if the
18court determines that the transfer is necessary to ensure the
19attendance of any material witness.
20    (b) If the court grants a continuance on its own motion or
21upon the motion of one of the parties, the respondent may
22continue to be detained pending further order of the court.
23Such continuance shall not extend beyond 15 days except to the



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1extent that continuances are requested by the respondent.
2    (c) Court hearings under this Chapter, including hearings
3under Section 2-107.1, shall be open to the press and public
4unless the respondent or some other party requests that they be
5closed. The court may also indicate its intention to close a
6hearing, including when it determines that the respondent may
7be unable to make a reasoned decision to request that the
8hearing be closed. A request that a hearing be closed shall be
9granted unless there is an objection to closing the hearing by
10a party or any other person. If an objection is made, the court
11shall not close the hearing unless, following a hearing, it
12determines that the patient's interest in having the hearing
13closed is compelling. The court shall support its determination
14with written findings of fact and conclusions of law. The court
15shall not close the hearing if the respondent objects to its
16closure. Whenever a court determines that a hearing shall be
17closed, access to the records of the hearing, including but not
18limited to transcripts and pleadings, shall be limited to the
19parties involved in the hearing, court personnel, and any
20person or agency providing mental health services that are the
21subject of the hearing. Access may also be granted, however,
22pursuant to the provisions of the Mental Health and
23Developmental Disabilities Confidentiality Act.
24    (d) The provisions of subsection (a-5) of Section 6 of the
25Rights of Crime Victims and Witnesses Act shall apply to the
26initial commitment hearing, as provided under Section 5-2-4 of



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1the Unified Code of Corrections, for a respondent found not
2guilty by reason of insanity of a violent crime in a criminal
3proceeding and the hearing has been ordered by the court under
4this Code to determine if the defendant is:
5        (1) in need of mental health services on an inpatient
6    basis;
7        (2) in need of mental health services on an outpatient
8    basis; or
9        (3) not in need of mental health services.
10    While the impact statement to the court allowed under this
11subsection (d) may include the impact that the respondent's
12criminal conduct has had upon the victim, victim's
13representative, or victim's family or household member, the
14court may only consider the impact statement along with all
15other appropriate factors in determining the:
16        (i) threat of serious physical harm posed by the
17    respondent to himself or herself, or to another person;
18        (ii) location of inpatient or outpatient mental health
19    services ordered by the court, but only after complying
20    with all other applicable administrative requirements,
21    rules, and statutory requirements;
22        (iii) maximum period of commitment for inpatient
23    mental health services; and
24        (iv) conditions of release for outpatient mental
25    health services ordered by the court.
26    (e) Notwithstanding the provisions of Section 2-1009 of the



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1Code of Civil Procedure, a respondent may object to a motion
2for voluntary dismissal and the court may refuse to grant such
3a dismissal for good cause shown.
4(Source: P.A. 96-117, eff. 1-1-10; 97-375, eff. 8-15-11.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.