MHDD CD-INVOLUNTARY TREATMENT
Synopsis of Bill as introduced:
Amends the Mental Health and Developmental Disabilities Code.
Changes the definition of "psychiatrist" with respect to education and
training requirements. Provides that a hearing on a petition for the
administration of authorized involuntary treatment may be heard
immediately following the hearing on a petition for involuntary
admission to a mental health facility. Changes provisions concerning
continuances of a hearing on a petition for the administration of
authorized involuntary treatment. Provides for additional 180-day
periods of authorized involuntary treatment following an initial
90-day period and a second such period.
SENATE AMENDMENT NO. 1.
In the provisions concerning a hearing on a petition for
authorized involuntary treatment, provides that in exceptional
circumstances as determined by the court, the court may, in its
discretion, grant an additional continuance not to exceed 30 days.
(This replaces the provision, deleted by the bill, that the court may,
in its discretion, grant additional continuances if agreed to by all
HOUSE AMENDMENT NO. 1.
Replaces provisions concerning the time for holding a court
hearing with respect to the administration of authorized involuntary
treatment. Requires a hearing within 7 (instead of 14) days.
Provides for a continuance of up to 7 days as of right. Provides for
an additional continuance of not more than 7 days if needed to
adequately prepare for or present evidence in the hearing or under
exceptional circumstances. Authorizes the court to grant an
additional continuance not to exceed 21 days if necessary to conduct a
physical or other examination of the recipient of services, to
provide the recipient with a trial by jury, or to arrange for
substitution of counsel. (Deletes provisions of current law (i) for
continuances totaling not more than 14 days to prepare for the hearing
and (ii) for additional continuances if agreed to by all parties.)
Provides that the hearing may be heard immediately preceding or
following a judicial proceeding for involuntary admission to a mental
health facility and may be heard by the same trier of fact or law as
in that proceeding.
Last action on Bill: PUBLIC ACT.............................. 91-0787
Last action date: 00-06-09
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status