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92_SB0435eng SB435 Engrossed LRB9203382RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Mental Health and Developmental 5 Disabilities Code is amended by changing Section 2-107.1 as 6 follows: 7 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) 8 Sec. 2-107.1. Administration of authorized involuntary 9 treatment upon application to a court. 10 (a) An adult recipient of services and the recipient's 11 guardian, if the recipient is under guardianship, and the 12 substitute decision maker, if any, shall be informed of the 13 recipient's right to refuse medication. The recipient and the 14 recipient's guardian or substitute decision maker shall be 15 given the opportunity to refuse generally accepted mental 16 health or developmental disability services, including but 17 not limited to medication. 18 (a-5) Notwithstanding the provisions of Section 2-107 of 19 this Code, authorized involuntary treatment may be 20 administered to an adult recipient of services without the 21 informed consent of the recipient under the following 22 standards: 23 (1) Any person 18 years of age or older, including 24 any guardian, may petition the circuit court for an order 25 authorizing the administration of authorized involuntary 26 treatment to a recipient of services. The petition shall 27 state that the petitioner has made a good faith attempt 28 to determine whether the recipient has executed a power 29 of attorney for health care under the Powers of Attorney 30 for Health Care Law or a declaration for mental health 31 treatment under the Mental Health Treatment Preference SB435 Engrossed -2- LRB9203382RCcd 1 Declaration Act and to obtain copies of these instruments 2 if they exist. If either of the above-named instruments 3 is available to the petitioner, the instrument or a copy 4 of the instrument shall be attached to the petition as an 5 exhibit. The petitioner shall deliver a copy of the 6 petition, and notice of the time and place of the 7 hearing, to the respondent, his or her attorney, any 8 known agent or attorney-in-fact, if any, and the 9 guardian, if any, no later than 3 days prior to the date 10 of the hearing. Service of the petition and notice of the 11 time and place of the hearing may be made by transmitting 12 them via facsimile machine to the respondent or other 13 party. Upon receipt of the petition and notice, the 14 party served, or the person delivering the petition and 15 notice to the party served, shall acknowledge service. 16 If the party sending the petition and notice does not 17 receive acknowledgement of service within 24 hours, 18 service must be made by personal service. 19If the hearing is requested to be held immediately20following the hearing on a petition for involuntary21admission, then the notice requirement shall be the same22as that for the hearing on the petition for involuntary23admission, and the petition filed pursuant to this24Section shall be filed with the petition for involuntary25admission.The petition may include a request that the 26 court authorize such testing and procedures as may be 27 essential for the safe and effective administration of 28 the authorized involuntary treatment sought to be 29 administered, but only where the petition sets forth the 30 specific testing and procedures sought to be 31 administered. 32 If a hearing is requested to be held immediately 33 following the hearing on a petition for involuntary 34 admission, then the notice requirement shall be the same SB435 Engrossed -3- LRB9203382RCcd 1 as that for the hearing on the petition for involuntary 2 admission, and the petition filed pursuant to this 3 Section shall be filed with the petition for involuntary 4 admission. 5 (2) The court shall hold a hearing within 7 days of 6 the filing of the petition. The People, the petitioner, 7 or the respondent shall be entitled to a continuance of 8 up to 7 days as of right. An additional continuance of 9 not more than 7 days may be granted to any party (i) upon 10 a showing that the continuance is needed in order to 11 adequately prepare for or present evidence in a hearing 12 under this Section or (ii) under exceptional 13 circumstances. The court may grant an additional 14 continuance not to exceed 21 days when, in its 15 discretion, the court determines that such a continuance 16 is necessary in order to provide the recipient with an 17 examination pursuant to Section 3-803 or 3-804 of this 18 Act, to provide the recipient with a trial by jury as 19 provided in Section 3-802 of this Act, or to arrange for 20 the substitution of counsel as provided for by the 21 Illinois Supreme Court Rules. The hearing shall be 22 separate from a judicial proceeding held to determine 23 whether a person is subject to involuntary admission but 24 may be heard immediately preceding or following such a 25 judicial proceeding and may be heard by the same trier of 26 fact or law as in that judicial proceeding. 27 (3) Unless otherwise provided herein, the 28 procedures set forth in Article VIII of Chapter 3 of this 29 Act, including the provisions regarding appointment of 30 counsel, shall govern hearings held under this subsection 31 (a-5). 32 (4) Authorized involuntary treatment shall not be 33 administered to the recipient unless it has been 34 determined by clear and convincing evidence that all of SB435 Engrossed -4- LRB9203382RCcd 1 the following factors are present: 2 (A) That the recipient has a serious mental 3 illness or developmental disability. 4 (B) That because of said mental illness or 5 developmental disability, the recipient exhibits any 6 one of the following: (i) deterioration of his or 7 her ability to function, (ii) suffering, or (iii) 8 threatening behavior. 9 (C) That the illness or disability has existed 10 for a period marked by the continuing presence of 11 the symptoms set forth in item (B) of this 12 subdivision (4) or the repeated episodic occurrence 13 of these symptoms. 14 (D) That the benefits of the treatment 15 outweigh the harm. 16 (E) That the recipient lacks the capacity to 17 make a reasoned decision about the treatment. 18 (F) That other less restrictive services have 19 been explored and found inappropriate. 20 (G) If the petition seeks authorization for 21 testing and other procedures, that such testing and 22 procedures are essential for the safe and effective 23 administration of the treatment. 24 (5) In no event shall an order issued under this 25 Section be effective for more than 90 days. A second 26 90-day period of involuntary treatment may be authorized 27 pursuant to a hearing that complies with the standards 28 and procedures of this subsection (a-5). Thereafter, 29 additional 180-day periods of involuntary treatment may 30 be authorized pursuant to the standards and procedures of 31 this Section without limit. If a new petition to 32 authorize the administration of authorized involuntary 33 treatment is filed at least 15 days prior to the 34 expiration of the prior order, and if any continuance of SB435 Engrossed -5- LRB9203382RCcd 1 the hearing is agreed to by the recipient, the 2 administration of the treatment may continue in 3 accordance with the prior order pending the completion of 4 a hearing under this Section. 5 (6) An order issued under this subsection (a-5) 6 shall designate the persons authorized to administer the 7 authorized involuntary treatment under the standards and 8 procedures of this subsection (a-5). Those persons shall 9 have complete discretion not to administer any treatment 10 authorized under this Section. The order shall also 11 specify the medications and the anticipated range of 12 dosages that have been authorized. 13 (b) A guardian may be authorized to consent to the 14 administration of authorized involuntary treatment to an 15 objecting recipient only under the standards and procedures 16 of subsection (a-5). 17 (c) Notwithstanding any other provision of this Section, 18 a guardian may consent to the administration of authorized 19 involuntary treatment to a non-objecting recipient under 20 Article XIa of the Probate Act of 1975. 21 (d) Nothing in this Section shall prevent the 22 administration of authorized involuntary treatment to 23 recipients in an emergency under Section 2-107 of this Act. 24 (e) Notwithstanding any of the provisions of this 25 Section, authorized involuntary treatment may be administered 26 pursuant to a power of attorney for health care under the 27 Powers of Attorney for Health Care Law or a declaration for 28 mental health treatment under the Mental Health Treatment 29 Preference Declaration Act. 30 (f) Whenever treatment is ordered under this Section for 31 a recipient who is confined in a county or municipal jail or 32 other pretrial detention facility awaiting trial on criminal 33 charges, the clerk of the court must send a copy of the order 34 for treatment to the counsel who represents the recipient in SB435 Engrossed -6- LRB9203382RCcd 1 the criminal proceeding. 2 (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00; 3 91-787, eff. 1-1-01; revised 6-28-00.) 4 Section 5. The Unified Code of Corrections is amended 5 by changing Section 3-15-3 and adding Section 3-15-4 as 6 follows: 7 (730 ILCS 5/3-15-3) (from Ch. 38, par. 1003-15-3) 8 Sec. 3-15-3. Persons with mental illness and 9 developmental disabilities. 10 (a) The Department must,mayby rule, establish 11 standards and procedures for the provision of mental health 12 and developmental disability services to persons with mental 13 illness and persons with a developmental disability confined 14 in a local jail or juvenile detention facility as set forth 15 under Section 3-7-7 of this Code. 16 Those standards and procedures must address screening and 17 classification, the use of psychotropic medications, suicide 18 prevention, qualifications of staff, staffing levels, staff 19 training, discharge, linkage and aftercare, the 20 confidentiality of mental health records, and such other 21 issues as are necessary to ensure that inmates with mental 22 illness receive adequate and humane care and services. 23 (b) At least once each year, the Department must inspect 24 each local jail and juvenile detention facility for 25 compliance with the standards and procedures established. The 26 results of the inspection must be made available by the 27 Department for public inspection. If any jail or juvenile 28 detention facility does not comply with the standards and 29 procedures established, the Director of Corrections must give 30 notice to the county board and the sheriff of such 31 noncompliance, specifying the particular standards and 32 procedures that have not been met by the jail or juvenile SB435 Engrossed -7- LRB9203382RCcd 1 detention facility. If the jail or juvenile detention 2 facility is not in compliance with the standards and 3 procedures when 6 months have elapsed from the giving of such 4 notice, the Director of Corrections may petition the 5 appropriate court for an order requiring the jail or juvenile 6 detention facility to comply with the standards and 7 procedures established by the Department or for other 8 appropriate relief. 9 (Source: P.A. 88-380.) 10 (730 ILCS 5/3-15-4 new) 11 Sec. 3-15-4. Task force on mental health services in 12 municipal jails and lockups. 13 (a) The Department of Corrections shall convene a 14 special task force to develop and propose model standards for 15 the delivery of mental health services and the prevention of 16 suicides in municipal jails and lockups. The task force 17 shall be composed of no more than 22 members appointed by the 18 Director of Corrections as follows: 19 (1) Not more than 8 members representing 20 municipalities. 21 (2) Not more than 8 members representing community 22 mental health service providers and State operated and 23 private psychiatric hospitals, including no more than 3 24 representatives of the Office of Mental Health, 25 Department of Human Services. 26 (3) Three members of the general public, at least 27 one of whom must be a primary consumer of mental health 28 services. 29 (4) Not more than 3 representatives of the 30 following groups: the National Commission on Correctional 31 Health Care, the American Correctional Association, the 32 Joint Commission on the Accreditation of Health Care 33 Organizations, the American Association of Correctional SB435 Engrossed -8- LRB9203382RCcd 1 Psychology, the John Howard Association. 2 The Director of Corrections shall in appointing the task 3 force attempt to ensure that the membership on the task force 4 represents the geographic diversity of the State. 5 (b) The members of the task force shall serve without 6 compensation and may not receive reimbursement for any 7 expenses incurred in performing their duties as members of 8 the task force. 9 (c) The task force may, without limitation, (i) 10 determine what services and screening should be provided in 11 municipal pre-trial detention facilities and what training 12 and resources are necessary to provide those services and 13 (ii) recommend changes in the Department's standards for 14 municipal jails and lockups. 15 (d) Before the Department acts upon any recommendation 16 of the task force, the Department must hold a public hearing 17 to provide individuals with mental illnesses and their family 18 members, mental health advocacy organizations, and the public 19 to review, comment upon, and suggest any changes to the 20 proposed standards for municipal jails and lockups. 21 (e) The task force must submit its recommendations as to 22 any changes in the standards for municipal jails and lockups 23 to the General Assembly by January 15, 2002. 24 Section 99. Effective date. This Section and Section 25 3-15-4 of the Unified Code of Corrections take effect upon 26 becoming law.