[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1371
LRB9111450DJcd
1 AN ACT to amend the Mental Health and Developmental
2 Disabilities Code by adding Section 3-701.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Mental Health and Developmental
6 Disabilities Code is amended by adding Section 3-701.5 as
7 follows:
8 (405 ILCS 5/3-701.5 new)
9 Sec. 3-701.5. Petition for involuntary admission; law
10 enforcement officer.
11 (a) In this Section, "law enforcement officer" means a
12 person employed by the State, a county, or a municipality as
13 a policeman, auxiliary policeman, or peace officer or in a
14 similar position involving the enforcement of the law and
15 protection of the public interest at the risk of that
16 person's life.
17 (b) A law enforcement officer may execute a petition
18 asserting that another person is subject to involuntary
19 admission. The petition must include the information
20 specified in subsection (b) of Section 3-601. The petition
21 must be filed with the court in the county in which the
22 respondent resides or is present.
23 (c) The court may inquire of the petitioner whether
24 there are reasonable grounds to believe that the facts stated
25 in the petition are true and whether the respondent is
26 subject to involuntary admission. The inquiry may proceed
27 without notice to the respondent if the petitioner alleges
28 that an emergency exists such that immediate hospitalization
29 is necessary.
30 (d) Notwithstanding any other provision of this Code, if
31 the court finds that the petition is in order, the court
-2- LRB9111450DJcd
1 shall order that the respondent be admitted to a
2 State-operated mental health facility for a minimum of 45
3 days. The facility shall cause the respondent to be examined
4 separately by 2 psychiatrists during that 45-day period.
5 (e) If, as a result of an examination under subsection
6 (d), a psychiatrist executes a certificate certifying that
7 the respondent is subject to involuntary admission, the
8 certificate shall be promptly filed with the court and the
9 court shall proceed with a hearing as provided in this
10 Chapter. If no such certificate is filed within the 45-day
11 period described in subsection (d), the facility shall
12 immediately thereafter release the respondent.