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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/4-505
(405 ILCS 5/4-505) (from Ch. 91 1/2, par. 4-505)
Sec. 4-505.
The court shall set a hearing to be held within 5 days, excluding
Saturdays, Sundays, and holidays, after it receives the diagnostic report.
The court shall direct that notice of the time and place of the hearing
be given or sent to the respondent, his attorney, the facility director
of the facility, and the persons specified in Section 4-206. The facility
director shall make copies of the certificate and the diagnostic report
available to the attorneys for the parties upon request.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-506
(405 ILCS 5/4-506) (from Ch. 91 1/2, par. 4-506)
Sec. 4-506.
The respondent may remain at his place of residence pending
the hearing. If the court finds it necessary, it may order a peace officer
or other person to have the respondent before the court at the time of the hearing.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. VI
(405 ILCS 5/Ch. IV Art. VI heading)
ARTICLE VI.
COURT HEARINGS
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405 ILCS 5/4-600
(405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600)
Sec. 4-600.
(a) Unless otherwise indicated, hearings under this 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 at the developmental disabilities facility where the respondent
is located. Any party may request a change of venue transfer to any other
county because of the convenience of parties or witnesses or the condition
of the respondent. The respondent may have the proceedings transferred
to the county of his residence.
(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.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-601
(405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601)
Sec. 4-601.
A respondent may request administrative admission at any time
prior to a court order for judicial admission. If the facility director
approves such a request, the court may dismiss the pending proceedings but
may require proof that such dismissal is in the best interest of the respondent
and of the public.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-602
(405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602)
Sec. 4-602.
The respondent is entitled to a jury on the question of whether
he meets the standard for judicial admission. The jury shall consist of
6 persons to be chosen in the same manner as are jurors in other civil proceedings.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-603
(405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603)
Sec. 4-603.
Appointment of examiners; report.
The court may appoint
one or more clinical psychologists, clinical social workers, physicians, or
other experts to examine the respondent and make a detailed written report
of his or their findings regarding the respondent's condition. The report
shall be filed with the court and copies shall be made available to the
attorneys for the parties.
(Source: P.A. 87-530.)
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405 ILCS 5/4-604
(405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604)
Sec. 4-604.
Independent examination.
The respondent is entitled to
secure an independent examination by a physician, clinical psychologist,
clinical social worker, or other expert of his choice. If the respondent
is unable to obtain an examination, he may request that the court order an
examination to be made by an impartial medical expert pursuant to Supreme
Court Rules or by a clinical psychologist, clinical social worker, or other
expert. Determination of the compensation of the physician, clinical
psychologist, clinical social worker, or other expert and its payment shall
be governed by Supreme Court Rule.
(Source: P.A. 80-1414; 87-530.)
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405 ILCS 5/4-605
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605.
Every respondent alleged to meet the standard for judicial
admission shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes
is necessary.
1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Advocacy Commission, if available.
2. If an attorney from the Guardianship and Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.
3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is
unable to pay.
(Source: P.A. 85-1247.)
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405 ILCS 5/4-606
(405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606)
Sec. 4-606.
The respondent shall be present at any hearing held under
this Act unless his
attorney waives his right to be present and the court is satisfied by a
clear showing that the respondent's
attendance would subject him to substantial risk of serious physical or emotional harm.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-607
(405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607)
Sec. 4-607.
Expert testimony; waiver.
No respondent may be found to
meet the standard for judicial admission unless at least one clinical
psychologist, clinical social worker, or physician who has examined him
testifies in person at the hearing. The respondent may waive the
requirement of this testimony subject to the approval of the court.
(Source: P.A. 87-530.)
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