SB0839sam002 97TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 3/11/2011

09700SB0839sam002 LRB097 04587 KTG 52817 a

AMENDMENT TO SENATE BILL 839

AMENDMENT NO. ______. Amend Senate Bill 839 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Sections 1-109, 2-104, 3-600, 3-610, and 3-809 as follows:

(405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109)

Sec. 1-109. "Discharge" means the full physical release from a mental health facility of any person admitted or otherwise detained under this Act from treatment, habilitation, or care and custody.

(Source: P.A. 80-1414.)

(405 ILCS 5/2-104) (from Ch. 91 1/2, par. 2-104)

Sec. 2-104. Every recipient who resides in a mental health or developmental disabilities facility shall be permitted to receive, possess and use personal property and shall be provided with a reasonable amount of storage space therefor, except in the circumstances and under the conditions provided in this Section.

(a) Possession and use of certain classes of property may be restricted by the facility director when necessary to protect the recipient or others from harm, provided that notice of such restriction shall be given to all recipients upon admission.

(b) The professional responsible for overseeing the implementation of a recipient's services plan may, with the approval of the facility director, restrict the right to property when necessary to protect such recipient or others from harm.

(c) When a recipient or a respondent is discharged from the mental health or developmental disabilities facility, all of his or her lawful personal property which is in the custody of the facility shall be returned to him.

(Source: P.A. 80-1414.)

(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600)

Sec. 3-600. A person 18 years of age or older who is not currently physically present at the facility and who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may be admitted to a mental health facility pursuant to this Article.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)

Sec. 3-610. As soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission of a respondent pursuant to this Article, the respondent shall be examined by a psychiatrist. The psychiatrist may be a member of the staff of the facility but shall not be the person who executed the first certificate. If a certificate has already been completed by a psychiatrist following the respondent's admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. If the respondent is not examined or if the psychiatrist, physician, clinical psychologist, or qualified examiner does not execute a certificate pursuant to Section 3-602, the respondent shall be immediately discharged released forthwith.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809)

Sec. 3-809. If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis, or there has been a failure to fully comply with the procedures of this Code, the court shall dismiss the petition and order the respondent discharged. If the respondent is found subject to involuntary admission on an inpatient or outpatient basis, the court shall enter an order so specifying. If the court is not satisfied with the verdict of the jury finding the respondent subject to involuntary admission on an inpatient or outpatient basis, it may set aside such verdict and order the respondent discharged or it may order another hearing. Absent a new petition filed prior to the entry of the court's order and subject to the mandates of this Code, there shall be no exception to the respondent's full discharge absent the respondent's request to remain at the facility as an informal or voluntary recipient.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)".