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91_SB1599
SRS91S0073AWcb
1 AN ACT to amend the Mental Health and Development
2 Disabilities Code by changing Sections 3-603, 3-701, and
3 3-704 and adding Section 3-704.1.
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 3-603,
8 3-701, and 3-704 and adding Section 3-704.1 as follows:
9 (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
10 Sec. 3-603. (a) If no physician, qualified examiner, or
11 clinical psychologist or qualified certifier at a
12 participating mental health center is immediately available
13 or it is not possible after a diligent effort to obtain the
14 certificate provided for in Section 3-602, the respondent may
15 be detained for examination in a mental health facility upon
16 presentation of the petition alone pending the obtaining of
17 such a certificate, except that if admission is sought to a
18 State-operated mental health facility and the Community
19 Service Area has a participating mental health center, the
20 participating mental health center shall be notified and
21 shall provide a qualified certifier to conduct a screening
22 within 24 hours.
23 (b) In such instance the petition shall conform to the
24 requirements of Section 3-601 and further specify that:
25 1. the petitioner believes, as a result of his personal
26 observation, that the respondent is subject to involuntary
27 admission;
28 2. a diligent effort was made to obtain a certificate;
29 and
30 3. no physician, qualified examiner, or clinical
31 psychologist could be found who has examined or could examine
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1 the respondent; and.
2 4. a diligent effort has been made to convince the
3 respondent to appear voluntarily for examination by a
4 physician, qualified examiner, or clinical psychologist,
5 unless the petitioner reasonably believes that effort would
6 impose a risk of harm to the respondent or others.
7 (Source: P.A. 88-484.)
8 (405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)
9 Sec. 3-701. (a) Any person 18 years of age or older may
10 execute a petition asserting that another person is subject
11 to involuntary admission. The petition shall be prepared
12 pursuant to paragraph (b) of Section 3-601 and shall be filed
13 with the court in the county where the respondent resides or
14 is present.
15 (b) The court may inquire of the petitioner whether
16 there are reasonable grounds to believe that the facts stated
17 in the petition are true and whether the respondent is
18 subject to involuntary admission. The inquiry may proceed
19 without notice to the respondent only if the petitioner
20 alleges facts showing that an emergency exists such that
21 immediate hospitalization is necessary and the petitioner
22 testifies before the court as to the factual basis for the
23 allegations.
24 (Source: P.A. 80-1414.)
25 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
26 Sec. 3-704. Examination; detention.
27 (a) The respondent shall be permitted to remain in his
28 place of residence pending any examination. He may be
29 accompanied by one or more of his relatives or friends or by
30 his attorney to the place of examination. If, however, the
31 court finds that it is necessary in order to complete the
32 examination the court may order that the person be admitted
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1 to a mental health facility pending examination and may order
2 a peace officer or other person to transport him there. If
3 examination and detention is sought at a State-operated
4 mental health facility and the Community Service Area has a
5 participating mental health center, the person shall be seen
6 for a screening examination by a qualified certifier. After
7 examination, the participating mental health center shall
8 recommend to the court an appropriate treatment setting. If
9 the appropriate setting is a State-operated mental health
10 facility, the participating mental health center shall
11 provide a written statement, as required under Section
12 3-601.1, obtained from a qualified certifier recommending
13 admission to a State-operated mental health facility.
14 Whenever possible the examination shall be conducted at a
15 local mental health facility. No person may be detained for
16 examination under this Section for more than 24 hours. The
17 person shall be released upon completion of the examination
18 unless the physician, qualified examiner or clinical
19 psychologist executes a certificate stating that the person
20 is subject to involuntary admission and in need of immediate
21 hospitalization to protect such person or others from
22 physical harm. Upon admission under this Section treatment
23 may be given pursuant to Section 3-608.
24 (a-5) Whenever a respondent has been transported to a
25 mental health facility for an examination, the admitting
26 facility shall inquire, upon the respondent's arrival,
27 whether the respondent wishes any person or persons to be
28 notified of his or her detention at that facility. If the
29 respondent does wish to have any person or persons notified
30 of his or her detention at the facility, the facility must
31 promptly make all reasonable attempts to locate the
32 individual identified by the respondent, or at least 2
33 individuals identified by the respondent if more than one has
34 been identified, and notify them of the respondent's
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1 detention at the facility for a mandatory examination
2 pursuant to court order.
3 (b) Not later than 24 hours, excluding Saturdays,
4 Sundays, and holidays, after admission under this Section,
5 the respondent shall be asked if he desires the petition and
6 the notice required under Section 3-206 sent to any other
7 persons and at least 2 such persons designated by the
8 respondent shall be sent the documents. At the time of his
9 admission the respondent shall be allowed to complete not
10 fewer than 2 telephone calls to such persons as he chooses.
11 (Source: P.A. 88-484.)
12 (405 ILCS 5/3-704.1 new)
13 Sec. 3-704.1. Task force.
14 (a) The Illinois Law Enforcement Training Standards
15 Board shall convene a task force for the purpose of
16 developing and recommending for adoption by the Board a model
17 protocol concerning the involvement of mental health
18 professionals when a peace officer is required to transport
19 an individual for a mental health examination pursuant to an
20 order entered under subsection (a) of Section 3-704. The
21 task force in its discretion may also develop other model
22 protocols concerning the interaction between law enforcement
23 and individuals with mental illness. The task force shall
24 have no more than 19 members, appointed by the Executive
25 Director of the Illinois Law Enforcement Training Standards
26 Board, and shall be comprised of the following: (i) up to 8
27 representatives from law enforcement, (ii) up to 8
28 representatives of community mental health service providers
29 and State operated and private psychiatric hospitals,
30 including up to 3 representatives of the Office of Mental
31 Health, Department of Human Services, and (iii) 3 members of
32 the general public, at least one of whom must be a primary
33 consumer of mental health services. In establishing the task
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1 force every effort shall be made to ensure that it represents
2 the geographic diversity of the State.
3 (b) The members of the task force shall serve without
4 compensation and shall not receive reimbursement for any
5 expense incurred in performing their duties.
6 (c) Prior to taking any formal action upon the
7 recommendations of the task force, the Board shall hold a
8 public hearing to provide the opportunity for individuals
9 with mental illness and their family members, mental health
10 advocacy organizations, and the public at large to review,
11 comment upon, and suggest any changes to the proposed model
12 protocols.
13 (d) The Board shall submit to the General Assembly, no
14 later than March 1, 2001, whatever model protocols it has
15 adopted under subsection (a).
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.