Public Act 096-0570
 		





HB2280 Enrolled
LRB096 08706 KTG 18837 b






    AN ACT concerning health.

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


 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by changing Sections 3-801, 3-811, 
and 3-902 as follows:
 
    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)

    Sec. 3-801. A respondent may request admission as an 
informal or voluntary
recipient at any time prior to an 
adjudication that he is subject to
involuntary admission.
The 
facility director shall approve such a request unless the 
facility
director
determines
that the respondent lacks the 
capacity to consent to informal or voluntary
admission or
that 
informal or voluntary admission is clinically inappropriate. 
The director
shall not
find that voluntary admission is 
clinically inappropriate in the absence of a
documented
history 
of the respondent's illness and treatment demonstrating that 
the
respondent is
unlikely to continue to receive needed 
treatment following release from
informal or
voluntary 
admission and that an order for alternative treatment or for 
care and
custody is
necessary in order to ensure continuity of

treatment outside a mental health facility.


    If the facility director approves such a request, the

petitioner shall be notified of the request and of his or her 
right to object thereto, if the petitioner has requested such 
notification on that individual recipient. The court may 
dismiss the pending proceedings, but shall consider any 
objection made by either the petitioner or the State's Attorney 
and may require proof that such
dismissal is in the best 
interest of the respondent and of the public.
If voluntary 
admission is accepted and the petition is dismissed by the 
court, notice shall be provided to the petitioner, orally and 
in writing, of his or her right to receive notice of the 
recipient's discharge pursuant to Section 3-902(d).

(Source: P.A. 94-521, eff. 1-1-06.)

 



    (405 ILCS 5/3-811)  (from Ch. 91 1/2, par. 3-811)



    Sec. 3-811. Involuntary admission; alternative mental 
health facilities. (a) If any person is found subject to 
involuntary admission, the court shall
consider alternative 
mental health facilities which are appropriate for and

available to the respondent, including but not limited to 
hospitalization.  The
court may order the respondent to undergo 
a program of hospitalization in a
mental health facility 
designated by the Department, in a licensed private hospital or 
private
mental health facility if it agrees, or in a facility 
of the United
States
Veterans Administration if it agrees; or 
the court may order the respondent
to undergo a program of 
alternative treatment; or the court may place the
respondent
in 
the care and custody of a relative or other person willing and 
able to
properly care for him or her.  The court shall order the 
least
restrictive alternative for treatment which is 
appropriate.

    (b) Whenever a person is found subject to involuntary 
admission, notice shall be provided to the petitioner, orally 
and in writing, of his or her right to receive notice of the 
recipient's discharge pursuant to Section 3-902(d). 
(Source: P.A. 91-726, eff. 6-2-00.)

 



    (405 ILCS 5/3-902)  (from Ch. 91 1/2, par. 3-902)



    Sec. 3-902. Director initiated discharge. 

    (a) The facility director may at any time discharge an 
informal,
voluntary, or minor recipient who is clinically 
suitable for discharge.

    (b) The facility director shall discharge a recipient 
admitted upon court
order under this Chapter or any prior 
statute where he is no longer subject
to involuntary admission.  
If the facility director believes that continuing
treatment is 
advisable for such recipient, he shall inform the recipient of 
his
right to remain as an informal or voluntary recipient.

    (c) When a facility director discharges or changes the 
status of a recipient
pursuant to this Section he shall 
promptly notify the clerk of the court
which entered the 
original order of the discharge or change in status. Upon

receipt of such notice, the clerk of the court shall note the 
action taken in
the court record.  If the person being 
discharged is a person under legal
disability, the facility 
director shall also submit a certificate regarding his
legal 
status without disability pursuant to Section 3-907.

    (d) When the facility director determines that discharge is 
appropriate
for a recipient pursuant to this Section or Section 
3-403 he or she shall
notify the state's attorney of the county

in which the recipient resided immediately prior to his 
admission to a mental
health facility and the state's attorney 
of the county where the last
petition for commitment was filed 
at least 48 hours prior to the discharge when
either state's 
attorney has requested in writing such notification on that

individual recipient or when
the facility director regards a 
recipient as a continuing threat to the peace
and safety of the 
community.  Upon receipt of such notice, the state's attorney

may take any court action or notify such peace officers that he 
deems
appropriate. When the facility director determines that 
discharge is appropriate for a recipient pursuant to this 
Section or Section 3-403, he or she shall notify the person 
whose petition pursuant to Section 3-701 resulted in the 
current hospitalization of the recipient's discharge at least 
48 hours prior to the discharge, if  the petitioner has 
requested in writing such notification  on that individual 
recipient. 

    (e) The facility director may grant a temporary release to 
a recipient whose
condition is not considered appropriate for 
discharge where such release
is considered to be clinically 
appropriate, provided that the release does
not endanger the 
public safety.

(Source: P.A. 91-726, eff. 6-2-00.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2010.