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91_HB0183ham001
LRB9100217WHpram
1 AMENDMENT TO HOUSE BILL 183
2 AMENDMENT NO. . Amend House Bill 183 by replacing
3 the title with the following:
4 "AN ACT to amend the Mental Health and Developmental
5 Disabilities Code by changing Sections 3-603, 3-701, and
6 3-704 and adding Section 3-704.1."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Mental Health and Developmental
10 Disabilities Code is amended by changing Sections 3-603,
11 3-701, and 3-704 and adding Section 3-704.1 as follows:
12 (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
13 Sec. 3-603. (a) If no physician, qualified examiner, or
14 clinical psychologist or qualified certifier at a
15 participating mental health center is immediately available
16 or it is not possible after a diligent effort to obtain the
17 certificate provided for in Section 3-602, the respondent may
18 be detained for examination in a mental health facility upon
19 presentation of the petition alone pending the obtaining of
20 such a certificate, except that if admission is sought to a
21 State-operated mental health facility and the Community
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1 Service Area has a participating mental health center, the
2 participating mental health center shall be notified and
3 shall provide a qualified certifier to conduct a screening
4 within 24 hours.
5 (b) In such instance the petition shall conform to the
6 requirements of Section 3-601 and further specify that:
7 1. the petitioner believes, as a result of his personal
8 observation, that the respondent is subject to involuntary
9 admission;
10 2. a diligent effort was made to obtain a certificate;
11 and
12 3. no physician, qualified examiner, or clinical
13 psychologist could be found who has examined or could examine
14 the respondent; and
15 4. a diligent effort has been made to convince the
16 respondent to appear voluntarily for examination by a
17 physician, qualified examiner, or clinical psychologist,
18 unless the petitioner reasonably believes such an effort
19 would pose a risk of harm to the respondent or others.
20 (Source: P.A. 88-484.)
21 (405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)
22 Sec. 3-701. (a) Any person 18 years of age or older may
23 execute a petition asserting that another person is subject
24 to involuntary admission. The petition shall be prepared
25 pursuant to paragraph (b) of Section 3-601 and shall be filed
26 with the court in the county where the respondent resides or
27 is present.
28 (b) The court may inquire of the petitioner whether
29 there are reasonable grounds to believe that the facts stated
30 in the petition are true and whether the respondent is
31 subject to involuntary admission. The inquiry may proceed
32 without notice to the respondent only if the petitioner
33 alleges facts showing that an emergency exists such that
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1 immediate hospitalization is necessary and the petitioner
2 testifies before the court as to the factual basis for the
3 allegations.
4 (Source: P.A. 80-1414.)
5 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
6 Sec. 3-704. Examination; detention.
7 (a) The respondent shall be permitted to remain in his
8 place of residence pending any examination. He may be
9 accompanied by one or more of his relatives or friends or by
10 his attorney to the place of examination. If, however, the
11 court finds that it is necessary in order to complete the
12 examination the court may order that the person be admitted
13 to a mental health facility pending examination and may order
14 a peace officer or other person to transport him there. If
15 examination and detention is sought at a State-operated
16 mental health facility and the Community Service Area has a
17 participating mental health center, the person shall be seen
18 for a screening examination by a qualified certifier. After
19 examination, the participating mental health center shall
20 recommend to the court an appropriate treatment setting. If
21 the appropriate setting is a State-operated mental health
22 facility, the participating mental health center shall
23 provide a written statement, as required under Section
24 3-601.1, obtained from a qualified certifier recommending
25 admission to a State-operated mental health facility.
26 Whenever possible the examination shall be conducted at a
27 local mental health facility. No person may be detained for
28 examination under this Section for more than 24 hours. The
29 person shall be released upon completion of the examination
30 unless the physician, qualified examiner or clinical
31 psychologist executes a certificate stating that the person
32 is subject to involuntary admission and in need of immediate
33 hospitalization to protect such person or others from
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1 physical harm. Upon admission under this Section treatment
2 may be given pursuant to Section 3-608.
3 (a-5) When a respondent has been transported to a mental
4 health facility for an examination, the admitting facility
5 shall inquire, upon the respondent's arrival, whether the
6 respondent wishes any person or persons to be notified of his
7 or her detention at the facility. If the respondent does
8 wish to have any person or persons notified of his or her
9 detention at the facility, the facility must make all
10 reasonable attempts to locate, within one hour after the
11 respondent's arrival, at least 2 individuals identified by
12 the respondent and notify them of the respondent's detention
13 at the facility for a mandatory examination pursuant to court
14 order.
15 (b) Not later than 24 hours, excluding Saturdays,
16 Sundays, and holidays, after admission under this Section,
17 the respondent shall be asked if he desires the petition and
18 the notice required under Section 3-206 sent to any other
19 persons and at least 2 such persons designated by the
20 respondent shall be sent the documents. At the time of his
21 admission the respondent shall be allowed to complete not
22 fewer than 2 telephone calls to such persons as he chooses.
23 (Source: P.A. 88-484.)
24 (405 ILCS 5/3-704.1 new)
25 Sec. 3-704.1. Task Force.
26 (a) The Illinois Law Enforcement Training Standards
27 Board shall convene a task force for the purpose of
28 developing and recommending for adoption by the Board a model
29 protocol concerning the involvement of mental health
30 professionals when a peace officer is required to enforce an
31 order entered under subsection (a) of Section 3-704 to
32 transport an individual for a mandatory mental health
33 examination. The members of the task force shall include
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1 representatives from law enforcement, community mental health
2 service providers, and one or more designees of the Director
3 of the Office of Mental Health, Department of Human Services.
4 In establishing the task force, every effort shall be made to
5 ensure that it represents the geographic diversity of the
6 State.
7 (b) The members of the task force shall serve without
8 compensation.
9 (c) Before taking any formal action upon the
10 recommendations of the task force, the Board shall hold a
11 public hearing to provide the opportunity for individuals
12 with mental illness and their family members, mental health
13 advocacy organizations, and the public at large to review,
14 comment upon, and suggest any changes to the proposed model
15 protocol.
16 (d) The Board shall submit to the General Assembly, no
17 later than March 1, 2000, the model protocol it has adopted
18 for the coordination of efforts between law enforcement
19 personnel and mental health professionals in the enforcement
20 of orders requiring transport of individuals for emergency
21 mental health examinations.
22 (e) This Section is repealed on January 1, 2001.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".