State of Illinois
91st General Assembly
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91_SB1508enr

 
SB1508 Enrolled                                LRB9112739DJcd

 1        AN ACT to  amend  the  Mental  Health  and  Developmental
 2    Disabilities  Code  by  changing Sections 1-121, 2-107.1, and
 3    3-813.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section   5.   The   Mental   Health   and  Developmental
 7    Disabilities Code is  amended  by  changing  Sections  1-121,
 8    2-107.1, and 3-813 as follows:

 9        (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
10        Sec.  1-121.  "Psychiatrist" means a physician as defined
11    in the first sentence of Section 1-120 who  has  successfully
12    completed  a  residency  program  in psychiatry accredited by
13    either  the  Accreditation  Council  for   Graduate   Medical
14    Education  or the American Osteopathic Association at least 3
15    years  of  formal  training  or  primary  experience  in  the
16    diagnosis and treatment of mental illness.
17    (Source: P.A. 80-1414.)

18        (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
19        Sec. 2-107.1.  Administration of  authorized  involuntary
20    treatment upon application to a court.
21        (a)  Notwithstanding  the  provisions of Section 2-107 of
22    this  Code,   authorized   involuntary   treatment   may   be
23    administered  to  an  adult recipient of services without the
24    informed  consent  of  the  recipient  under  the   following
25    standards:
26             (1)  Any  person 18 years of age or older, including
27        any guardian, may petition the circuit court for an order
28        authorizing the administration of authorized  involuntary
29        treatment  to a recipient of services. The petition shall
30        state that the petitioner has made a good  faith  attempt
 
SB1508 Enrolled            -2-                 LRB9112739DJcd
 1        to  determine  whether the recipient has executed a power
 2        of attorney for health care under the Powers of  Attorney
 3        for  Health  Care  Law or a declaration for mental health
 4        treatment under the Mental  Health  Treatment  Preference
 5        Declaration Act and to obtain copies of these instruments
 6        if  they exist.  If either of the above-named instruments
 7        is available to the petitioner, the instrument  shall  be
 8        attached  to  the  petition as an exhibit. The petitioner
 9        shall deliver a copy of the petition, and notice  of  the
10        time  and place of the hearing, to the respondent, his or
11        her attorney, any known  agent  or  attorney-in-fact,  if
12        any,  and  the  guardian, if any, no later than 3 10 days
13        prior to the date  of  the  hearing.   The  petition  may
14        include  a  request that the court authorize such testing
15        and procedures as may  be  essential  for  the  safe  and
16        effective  administration  of  the authorized involuntary
17        treatment sought to be administered, but only  where  the
18        petition  sets  forth the specific testing and procedures
19        sought to be administered.
20             If a hearing is requested  to  be  held  immediately
21        following  the  hearing  on  a  petition  for involuntary
22        admission, then the notice requirement shall be the  same
23        as  that  for the hearing on the petition for involuntary
24        admission,  and  the  petition  filed  pursuant  to  this
25        Section shall be filed with the petition for  involuntary
26        admission.
27             (2)  The court shall hold a hearing within 7 14 days
28        of   the   filing   of  the  petition.  The  People,  the
29        petitioner, or the respondent  shall  be  entitled  to  a
30        continuance  of  up to 7 days as of right.  An additional
31        continuance of Continuances totaling not more than  7  14
32        days may be granted to any party (i) the recipient upon a
33        showing  that  the continuance is continuances are needed
34        in order to prepare adequately  prepare  for  or  present
 
SB1508 Enrolled            -3-                 LRB9112739DJcd
 1        evidence  in  a  hearing under this Section or (ii) under
 2        exceptional  circumstances.  The  court   may,   in   its
 3        discretion, grant an additional continuance not to exceed
 4        21  days  when,  in  its discretion, the court determines
 5        that such a continuance is necessary in order to  provide
 6        the  recipient  with  an  examination pursuant to Section
 7        3-803 or 3-804 of this Act, to provide the recipient with
 8        a trial by jury as provided in Section 3-802 of this Act,
 9        or to arrange for the substitution of counsel as provided
10        for by the Illinois Supreme Court Rules  continuances  if
11        agreed  to by all parties.  The hearing shall be separate
12        from a judicial proceeding held to  determine  whether  a
13        person  is  subject  to  involuntary admission but may be
14        heard immediately preceding or following such a  judicial
15        proceeding  and may be heard by the same trier of fact or
16        law as in that judicial proceeding.
17             (3)  Unless   otherwise   provided    herein,    the
18        procedures set forth in Article VIII of Chapter 3 of this
19        Act,  including  the  provisions regarding appointment of
20        counsel, shall govern hearings held under this subsection
21        (a).
22             (4)  Authorized involuntary treatment shall  not  be
23        administered   to   the  recipient  unless  it  has  been
24        determined by clear and convincing evidence that  all  of
25        the following factors are present:
26                  (A)  That  the  recipient  has a serious mental
27             illness or developmental disability.
28                  (B)  That because of  said  mental  illness  or
29             developmental disability, the recipient exhibits any
30             one  of  the  following:  (i)  deterioration  of his
31             ability   to   function,   (ii)   suffering,   (iii)
32             threatening behavior, or (iv) disruptive behavior.
33                  (C)  That the illness or disability has existed
34             for a period marked by the  continuing  presence  of
 
SB1508 Enrolled            -4-                 LRB9112739DJcd
 1             the   symptoms   set  forth  in  item  (B)  of  this
 2             subdivision (4) or the repeated episodic  occurrence
 3             of these symptoms.
 4                  (D)  That   the   benefits   of  the  treatment
 5             outweigh the harm.
 6                  (E)  That the recipient lacks the  capacity  to
 7             make a reasoned decision about the treatment.
 8                  (F)  That  other less restrictive services have
 9             been explored and found inappropriate.
10                  (G)  If the petition  seeks  authorization  for
11             testing  and other procedures, that such testing and
12             procedures are essential for the safe and  effective
13             administration of the treatment.
14             (5)  In  no  event  shall an order issued under this
15        Section be effective for more  than  90  days.  A  second
16        90-day  period of involuntary treatment may be authorized
17        pursuant to a hearing that complies  However,  authorized
18        involuntary  treatment may be administered for additional
19        90-day periods without  limitation  under  hearings  that
20        comply  with  the  above standards and procedures of this
21        subsection (a). Thereafter, additional 180-day periods of
22        involuntary treatment may be authorized pursuant  to  the
23        standards  and  procedures of this Section without limit.
24        If a new petition  to  authorize  the  administration  of
25        authorized  involuntary  treatment  is  filed at least 15
26        days prior to the expiration of the prior order,  and  if
27        any  continuance  of  the  hearing  is  agreed  to by the
28        recipient,  the  administration  of  the  treatment   may
29        continue  in  accordance with the prior order pending the
30        completion of a hearing under this Section.
31             (6)  An order issued under this subsection (a) shall
32        designate  the  persons  authorized  to  administer   the
33        authorized  involuntary treatment under the standards and
34        procedures of this subsection (a).  Those  persons  shall
 
SB1508 Enrolled            -5-                 LRB9112739DJcd
 1        have  complete discretion not to administer any treatment
 2        authorized under  this  Section.  The  order  shall  also
 3        specify  the  medications  and  the  anticipated range of
 4        dosages that have been authorized.
 5        (b)  A guardian may  be  authorized  to  consent  to  the
 6    administration  of  authorized  involuntary  treatment  to an
 7    objecting recipient only under the standards  and  procedures
 8    of subsection (a).
 9        (c)  Notwithstanding any other provision of this Section,
10    a  guardian  may  consent to the administration of authorized
11    involuntary treatment  to  a  non-objecting  recipient  under
12    Article XIa of the Probate Act of 1975.
13        (d)  Nothing   in   this   Section   shall   prevent  the
14    administration  of  authorized   involuntary   treatment   to
15    recipients in an emergency under Section 2-107 of this Act.
16        (e)  Notwithstanding   any  of  the  provisions  of  this
17    Section, authorized involuntary treatment may be administered
18    pursuant to a power of attorney for  health  care  under  the
19    Powers  of  Attorney for Health Care Law or a declaration for
20    mental health treatment under  the  Mental  Health  Treatment
21    Preference Declaration Act.
22    (Source:  P.A.  89-11,  eff.  3-31-95;  89-439,  eff. 6-1-96;
23    90-538, eff. 12-1-97.)

24        (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
25        Sec. 3-813. (a)  An  initial  order  for  hospitalization
26    shall be for a period not to exceed 90 180 days. Prior to the
27    expiration  of  the  initial  order  if the facility director
28    believes that  the  recipient  continues  to  be  subject  to
29    involuntary  admission, a new petition and 2 new certificates
30    may be filed with the court. If  a  petition  is  filed,  the
31    facility  director  shall  file  with  the  court  a  current
32    treatment   plan   which   includes   an  evaluation  of  the
33    recipient's progress and the extent to which he is benefiting
 
SB1508 Enrolled            -6-                 LRB9112739DJcd
 1    from  treatment.  If  no  petition  is  filed  prior  to  the
 2    expiration of the  initial  order,  the  recipient  shall  be
 3    discharged. Following a hearing, the court may order a second
 4    period  of  hospitalization not to exceed 90 180 days only if
 5    it finds that  the  recipient  continues  to  be  subject  to
 6    involuntary admission.
 7        (b)  Additional  180  day  periods  of  treatment  may be
 8    sought pursuant to the procedures set out in this Section for
 9    so  long  as  the  recipient  continues  to  be  subject   to
10    involuntary  admission.  The provisions of this chapter which
11    apply  whenever  an  initial  order  is  sought  shall  apply
12    whenever an additional period of treatment is sought.
13    (Source: P.A. 88-380.)

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