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92_SB0435sam001
LRB9203382RCcdam01
1 AMENDMENT TO SENATE BILL 435
2 AMENDMENT NO. . Amend Senate Bill 435 as follows:
3 on page 1, by inserting between lines 3 and 4 the following:
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
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1 standards:
2 (1) Any person 18 years of age or older, including
3 any guardian, may petition the circuit court for an order
4 authorizing the administration of authorized involuntary
5 treatment to a recipient of services. The petition shall
6 state that the petitioner has made a good faith attempt
7 to determine whether the recipient has executed a power
8 of attorney for health care under the Powers of Attorney
9 for Health Care Law or a declaration for mental health
10 treatment under the Mental Health Treatment Preference
11 Declaration Act and to obtain copies of these instruments
12 if they exist. If either of the above-named instruments
13 is available to the petitioner, the instrument or a copy
14 of the instrument shall be attached to the petition as an
15 exhibit. The petitioner shall deliver a copy of the
16 petition, and notice of the time and place of the
17 hearing, to the respondent, his or her attorney, any
18 known agent or attorney-in-fact, if any, and the
19 guardian, if any, no later than 3 days prior to the date
20 of the hearing. Service of the petition and notice of the
21 time and place of the hearing may be made by transmitting
22 them via facsimile machine to the respondent or other
23 party. Upon receipt of the petition and notice, the
24 party served, or the person delivering the petition and
25 notice to the party served, shall acknowledge service.
26 If the party sending the petition and notice does not
27 receive acknowledgement of service within 24 hours,
28 service must be made by personal service.
29 If the hearing is requested to be held immediately
30 following the hearing on a petition for involuntary
31 admission, then the notice requirement shall be the same
32 as that for the hearing on the petition for involuntary
33 admission, and the petition filed pursuant to this
34 Section shall be filed with the petition for involuntary
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1 admission. The petition may include a request that the
2 court authorize such testing and procedures as may be
3 essential for the safe and effective administration of
4 the authorized involuntary treatment sought to be
5 administered, but only where the petition sets forth the
6 specific testing and procedures sought to be
7 administered.
8 If a hearing is requested to be held immediately
9 following the hearing on a petition for involuntary
10 admission, then the notice requirement shall be the same
11 as that for the hearing on the petition for involuntary
12 admission, and the petition filed pursuant to this
13 Section shall be filed with the petition for involuntary
14 admission.
15 (2) The court shall hold a hearing within 7 days of
16 the filing of the petition. The People, the petitioner,
17 or the respondent shall be entitled to a continuance of
18 up to 7 days as of right. An additional continuance of
19 not more than 7 days may be granted to any party (i) upon
20 a showing that the continuance is needed in order to
21 adequately prepare for or present evidence in a hearing
22 under this Section or (ii) under exceptional
23 circumstances. The court may grant an additional
24 continuance not to exceed 21 days when, in its
25 discretion, the court determines that such a continuance
26 is necessary in order to provide the recipient with an
27 examination pursuant to Section 3-803 or 3-804 of this
28 Act, to provide the recipient with a trial by jury as
29 provided in Section 3-802 of this Act, or to arrange for
30 the substitution of counsel as provided for by the
31 Illinois Supreme Court Rules. The hearing shall be
32 separate from a judicial proceeding held to determine
33 whether a person is subject to involuntary admission but
34 may be heard immediately preceding or following such a
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1 judicial proceeding and may be heard by the same trier of
2 fact or law as in that judicial proceeding.
3 (3) Unless otherwise provided herein, the
4 procedures set forth in Article VIII of Chapter 3 of this
5 Act, including the provisions regarding appointment of
6 counsel, shall govern hearings held under this subsection
7 (a-5).
8 (4) Authorized involuntary treatment shall not be
9 administered to the recipient unless it has been
10 determined by clear and convincing evidence that all of
11 the following factors are present:
12 (A) That the recipient has a serious mental
13 illness or developmental disability.
14 (B) That because of said mental illness or
15 developmental disability, the recipient exhibits any
16 one of the following: (i) deterioration of his or
17 her ability to function, (ii) suffering, or (iii)
18 threatening behavior.
19 (C) That the illness or disability has existed
20 for a period marked by the continuing presence of
21 the symptoms set forth in item (B) of this
22 subdivision (4) or the repeated episodic occurrence
23 of these symptoms.
24 (D) That the benefits of the treatment
25 outweigh the harm.
26 (E) That the recipient lacks the capacity to
27 make a reasoned decision about the treatment.
28 (F) That other less restrictive services have
29 been explored and found inappropriate.
30 (G) If the petition seeks authorization for
31 testing and other procedures, that such testing and
32 procedures are essential for the safe and effective
33 administration of the treatment.
34 (5) In no event shall an order issued under this
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1 Section be effective for more than 90 days. A second
2 90-day period of involuntary treatment may be authorized
3 pursuant to a hearing that complies with the standards
4 and procedures of this subsection (a-5). Thereafter,
5 additional 180-day periods of involuntary treatment may
6 be authorized pursuant to the standards and procedures of
7 this Section without limit. If a new petition to
8 authorize the administration of authorized involuntary
9 treatment is filed at least 15 days prior to the
10 expiration of the prior order, and if any continuance of
11 the hearing is agreed to by the recipient, the
12 administration of the treatment may continue in
13 accordance with the prior order pending the completion of
14 a hearing under this Section.
15 (6) An order issued under this subsection (a-5)
16 shall designate the persons authorized to administer the
17 authorized involuntary treatment under the standards and
18 procedures of this subsection (a-5). Those persons shall
19 have complete discretion not to administer any treatment
20 authorized under this Section. The order shall also
21 specify the medications and the anticipated range of
22 dosages that have been authorized.
23 (b) A guardian may be authorized to consent to the
24 administration of authorized involuntary treatment to an
25 objecting recipient only under the standards and procedures
26 of subsection (a-5).
27 (c) Notwithstanding any other provision of this Section,
28 a guardian may consent to the administration of authorized
29 involuntary treatment to a non-objecting recipient under
30 Article XIa of the Probate Act of 1975.
31 (d) Nothing in this Section shall prevent the
32 administration of authorized involuntary treatment to
33 recipients in an emergency under Section 2-107 of this Act.
34 (e) Notwithstanding any of the provisions of this
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1 Section, authorized involuntary treatment may be administered
2 pursuant to a power of attorney for health care under the
3 Powers of Attorney for Health Care Law or a declaration for
4 mental health treatment under the Mental Health Treatment
5 Preference Declaration Act.
6 (f) Whenever treatment is ordered under this Section for
7 a recipient who is confined in a county or municipal jail or
8 other pretrial detention facility awaiting trial on criminal
9 charges, the clerk of the court must send a copy of the order
10 for treatment to the counsel who represents the recipient in
11 the criminal proceeding.
12 (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00;
13 91-787, eff. 1-1-01; revised 6-28-00.)"; and
14 on page 1, line 5, by inserting "and adding Section 3-15-4"
15 after "Section 3-15-3"; and
16 on page 1, lines 15, 24, 27, 29, and 31, by inserting "and
17 procedures" after "standards" wherever it appears; and
18 on page 1, line 20, by changing "insure" to "ensure"; and
19 on page 1 lines 26, 30, and 31, by inserting "juvenile
20 detention" before "facility" wherever it appears; and
21 on page 2, line 3, by changing "Jail or facility" to "the
22 jail or juvenile detention facility"; and
23 on page 2, line 4, by inserting "and procedures" after
24 "standards"; and
25 on page 2, by inserting after line 6 the following:
26 "(730 ILCS 5/3-15-4 new)
27 Sec. 3-15-4. Task force on mental health services in
28 municipal jails and lockups.
29 (a) The Department of Corrections shall convene a
30 special task force to develop and propose model standards for
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1 the delivery of mental health services and the prevention of
2 suicides in municipal jails and lockups. The task force
3 shall be composed of no more than 22 members appointed by the
4 Director of Corrections as follows:
5 (1) Not more than 8 members representing
6 municipalities.
7 (2) Not more than 8 members representing community
8 mental health service providers and State operated and
9 private psychiatric hospitals, including no more than 3
10 representatives of the Office of Mental Health,
11 Department of Human Services.
12 (3) Three members of the general public, at least
13 one of whom must be a primary consumer of mental health
14 services.
15 (4) Not more than 3 representatives of the
16 following groups: the National Commission on Correctional
17 Health Care, the American Correctional Association, the
18 Joint Commission on the Accreditation of Health Care
19 Organizations, the American Association of Correctional
20 Psychology, the John Howard Association.
21 The Director of Corrections shall in appointing the task
22 force attempt to ensure that the membership on the task force
23 represents the geographic diversity of the State.
24 (b) The members of the task force shall serve without
25 compensation and may not receive reimbursement for any
26 expenses incurred in performing their duties as members of
27 the task force.
28 (c) The task force may, without limitation, (i)
29 determine what services and screening should be provided in
30 municipal pre-trial detention facilities and what training
31 and resources are necessary to provide those services and
32 (ii) recommend changes in the Department's standards for
33 municipal jails and lockups.
34 (d) Before the Department acts upon any recommendation
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1 of the task force, the Department must hold a public hearing
2 to provide individuals with mental illnesses and their family
3 members, mental health advocacy organizations, and the public
4 to review, comment upon, and suggest any changes to the
5 proposed standards for municipal jails and lockups.
6 (e) The task force must submit its recommendations as to
7 any changes in the standards for municipal jails and lockups
8 to the General Assembly by January 15, 2002.
9 Section 99. Effective date. This Section and Section
10 3-15-4 of the Unified Code of Corrections take effect upon
11 becoming law.".