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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB1508enr SB1508 Enrolled LRB9112739DJcd 1 AN ACT to amend the Mental Health and Developmental 2 Disabilities Code by changing Sections 1-121, 2-107.1, and 3 3-813. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Mental Health and Developmental 7 Disabilities Code is amended by changing Sections 1-121, 8 2-107.1, and 3-813 as follows: 9 (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121) 10 Sec. 1-121. "Psychiatrist" means a physician as defined 11 in the first sentence of Section 1-120 who has successfully 12 completed a residency program in psychiatry accredited by 13 either the Accreditation Council for Graduate Medical 14 Education or the American Osteopathic Associationat least 315years of formal training or primary experience in the16diagnosis and treatment of mental illness. 17 (Source: P.A. 80-1414.) 18 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) 19 Sec. 2-107.1. Administration of authorized involuntary 20 treatment upon application to a court. 21 (a) Notwithstanding the provisions of Section 2-107 of 22 this Code, authorized involuntary treatment may be 23 administered to an adult recipient of services without the 24 informed consent of the recipient under the following 25 standards: 26 (1) Any person 18 years of age or older, including 27 any guardian, may petition the circuit court for an order 28 authorizing the administration of authorized involuntary 29 treatment to a recipient of services. The petition shall 30 state that the petitioner has made a good faith attempt SB1508 Enrolled -2- LRB9112739DJcd 1 to determine whether the recipient has executed a power 2 of attorney for health care under the Powers of Attorney 3 for Health Care Law or a declaration for mental health 4 treatment under the Mental Health Treatment Preference 5 Declaration Act and to obtain copies of these instruments 6 if they exist. If either of the above-named instruments 7 is available to the petitioner, the instrument shall be 8 attached to the petition as an exhibit. The petitioner 9 shall deliver a copy of the petition, and notice of the 10 time and place of the hearing, to the respondent, his or 11 her attorney, any known agent or attorney-in-fact, if 12 any, and the guardian, if any, no later than 310days 13 prior to the date of the hearing. The petition may 14 include a request that the court authorize such testing 15 and procedures as may be essential for the safe and 16 effective administration of the authorized involuntary 17 treatment sought to be administered, but only where the 18 petition sets forth the specific testing and procedures 19 sought to be administered. 20 If a hearing is requested to be held immediately 21 following the hearing on a petition for involuntary 22 admission, then the notice requirement shall be the same 23 as that for the hearing on the petition for involuntary 24 admission, and the petition filed pursuant to this 25 Section shall be filed with the petition for involuntary 26 admission. 27 (2) The court shall hold a hearing within 714days 28 of the filing of the petition. The People, the 29 petitioner, or the respondent shall be entitled to a 30 continuance of up to 7 days as of right. An additional 31 continuance ofContinuances totalingnot more than 71432 days may be granted to any party (i)the recipientupon a 33 showing that the continuance iscontinuances areneeded 34 in order toprepareadequately prepare for or present SB1508 Enrolled -3- LRB9112739DJcd 1 evidence in a hearing under this Section or (ii) under 2 exceptional circumstances. The court may, in its3discretion,grant an additional continuance not to exceed 4 21 days when, in its discretion, the court determines 5 that such a continuance is necessary in order to provide 6 the recipient with an examination pursuant to Section 7 3-803 or 3-804 of this Act, to provide the recipient with 8 a trial by jury as provided in Section 3-802 of this Act, 9 or to arrange for the substitution of counsel as provided 10 for by the Illinois Supreme Court Rulescontinuances if11agreed to by all parties. The hearing shall be separate 12 from a judicial proceeding held to determine whether a 13 person is subject to involuntary admission but may be 14 heard immediately preceding or following such a judicial 15 proceeding and may be heard by the same trier of fact or 16 law as in that judicial proceeding. 17 (3) Unless otherwise provided herein, the 18 procedures set forth in Article VIII of Chapter 3 of this 19 Act, including the provisions regarding appointment of 20 counsel, shall govern hearings held under this subsection 21 (a). 22 (4) Authorized involuntary treatment shall not be 23 administered to the recipient unless it has been 24 determined by clear and convincing evidence that all of 25 the following factors are present: 26 (A) That the recipient has a serious mental 27 illness or developmental disability. 28 (B) That because of said mental illness or 29 developmental disability, the recipient exhibits any 30 one of the following: (i) deterioration of his 31 ability to function, (ii) suffering, (iii) 32 threatening behavior, or (iv) disruptive behavior. 33 (C) That the illness or disability has existed 34 for a period marked by the continuing presence of SB1508 Enrolled -4- LRB9112739DJcd 1 the symptoms set forth in item (B) of this 2 subdivision (4) or the repeated episodic occurrence 3 of these symptoms. 4 (D) That the benefits of the treatment 5 outweigh the harm. 6 (E) That the recipient lacks the capacity to 7 make a reasoned decision about the treatment. 8 (F) That other less restrictive services have 9 been explored and found inappropriate. 10 (G) If the petition seeks authorization for 11 testing and other procedures, that such testing and 12 procedures are essential for the safe and effective 13 administration of the treatment. 14 (5) In no event shall an order issued under this 15 Section be effective for more than 90 days. A second 16 90-day period of involuntary treatment may be authorized 17 pursuant to a hearing that compliesHowever, authorized18involuntary treatment may be administered for additional1990-day periods without limitation under hearings that20complywith theabovestandards and procedures of this 21 subsection (a). Thereafter, additional 180-day periods of 22 involuntary treatment may be authorized pursuant to the 23 standards and procedures of this Section without limit. 24 If a new petition to authorize the administration of 25 authorized involuntary treatment is filed at least 15 26 days prior to the expiration of the prior order, and if 27 any continuance of the hearing is agreed to by the 28 recipient, the administration of the treatment may 29 continue in accordance with the prior order pending the 30 completion of a hearing under this Section. 31 (6) An order issued under this subsection (a) shall 32 designate the persons authorized to administer the 33 authorized involuntary treatment under the standards and 34 procedures of this subsection (a). Those persons shall SB1508 Enrolled -5- LRB9112739DJcd 1 have complete discretion not to administer any treatment 2 authorized under this Section. The order shall also 3 specify the medications and the anticipated range of 4 dosages that have been authorized. 5 (b) A guardian may be authorized to consent to the 6 administration of authorized involuntary treatment to an 7 objecting recipient only under the standards and procedures 8 of subsection (a). 9 (c) Notwithstanding any other provision of this Section, 10 a guardian may consent to the administration of authorized 11 involuntary treatment to a non-objecting recipient under 12 Article XIa of the Probate Act of 1975. 13 (d) Nothing in this Section shall prevent the 14 administration of authorized involuntary treatment to 15 recipients in an emergency under Section 2-107 of this Act. 16 (e) Notwithstanding any of the provisions of this 17 Section, authorized involuntary treatment may be administered 18 pursuant to a power of attorney for health care under the 19 Powers of Attorney for Health Care Law or a declaration for 20 mental health treatment under the Mental Health Treatment 21 Preference Declaration Act. 22 (Source: P.A. 89-11, eff. 3-31-95; 89-439, eff. 6-1-96; 23 90-538, eff. 12-1-97.) 24 (405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) 25 Sec. 3-813. (a) An initial order for hospitalization 26 shall be for a period not to exceed 90180days. Prior to the 27 expiration of the initial order if the facility director 28 believes that the recipient continues to be subject to 29 involuntary admission, a new petition and 2 new certificates 30 may be filed with the court. If a petition is filed, the 31 facility director shall file with the court a current 32 treatment plan which includes an evaluation of the 33 recipient's progress and the extent to which he is benefiting SB1508 Enrolled -6- LRB9112739DJcd 1 from treatment. If no petition is filed prior to the 2 expiration of the initial order, the recipient shall be 3 discharged. Following a hearing, the court may order a second 4 period of hospitalization not to exceed 90180days only if 5 it finds that the recipient continues to be subject to 6 involuntary admission. 7 (b) Additional 180 day periods of treatment may be 8 sought pursuant to the procedures set out in this Section for 9 so long as the recipient continues to be subject to 10 involuntary admission. The provisions of this chapter which 11 apply whenever an initial order is sought shall apply 12 whenever an additional period of treatment is sought. 13 (Source: P.A. 88-380.)