HB3812 Engrossed

LRB094 09019 DRJ 39240 b






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    AN ACT in relation to health. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Mental Health and Developmental 
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Disabilities Code is amended
by changing Section 3-801 and 
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adding Section 3-801.5 as follows:


 
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    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)

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    Sec. 3-801. A respondent may request admission as an 
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informal or voluntary
recipient at any time prior to an 
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adjudication that he is subject to
involuntary admission.
The 
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facility director shall approve such a request unless the 
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facility
director
determines
that the respondent lacks the 
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capacity to consent to informal or voluntary
admission or
that 
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informal or voluntary admission is clinically inappropriate. 
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The director
shall not
find that voluntary admission is 
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clinically inappropriate in the absence of a
documented
history 
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of the respondent's illness and treatment demonstrating that 
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the
respondent is
unlikely to continue to receive needed 
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treatment following release from
informal or
voluntary 
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admission and that an order for alternative treatment or for 
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care and
custody is
necessary in order to ensure continuity of

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treatment outside a mental health facility.


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    If the facility director approves such a request, the
court 
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may dismiss the pending proceedings but may require proof that 
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such
dismissal is in the best interest of the respondent and of 
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the public.


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(Source: P.A. 88-380.)

 
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    (405 ILCS 5/3-801.5 new)

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    Sec. 3-801.5. Agreed order for alternative treatment or 
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care and custody.

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    (a) At any time before the conclusion of the hearing and 
 


 






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the entry of the
court's
findings, a respondent may enter into 
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an agreement to be subject to an order
for
alternative 
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treatment or care and custody as provided for in Sections 
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3-811,
3-812, 3-813,
and 3-815 of this Code, provided that:

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        (1) The court and the parties have been presented with 
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    a written report
pursuant to Section 3-810 of this Code 
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    containing a recommendation for
alternative treatment or 
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    care and custody and setting forth in detail the
conditions

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    for such an order, and the court is satisfied that the 
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    proposal for alternative
treatment or care and custody is 
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    in the best interest of the respondent and of
the
public.

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        (2) The court advises the respondent of the conditions 
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    of the proposed
order in open court and is satisfied that 
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    the respondent understands and agrees
to
the conditions of 
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    the proposed order for alternative treatment or care and

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    custody.

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        (3) The proposed custodian is advised of the 
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    recommendation for care and
custody and agrees to abide by 
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    the terms of the proposed order.

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        (4) No such order may require the respondent to be 
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    hospitalized except as
provided in subsection (b) of this 
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    Section.

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        (5) No order may include as one of its conditions the 
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    administration of
psychotropic medication, unless the 
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    court determines, based on the documented
history of the 
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    respondent's treatment and illness, that the respondent is

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    unlikely to
continue to receive needed psychotropic 
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    medication in the absence of such an
order.

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    (b) An agreed order of care and custody entered pursuant to 
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this Section may
grant the custodian the authority to admit a 
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respondent to a hospital if the
respondent fails
to comply with 
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the conditions of the agreed order. If necessary in order to

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obtain the
hospitalization of the respondent, the custodian may 
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apply to the court for an
order
authorizing an officer of the 
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peace to take the respondent into custody and
transport the

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respondent to the hospital specified in the agreed order. The 
 


 






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provisions of
Section 3-605
of this Code shall govern the 
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transportation of the respondent to a mental
health facility,

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except to the extent that those provisions are inconsistent 
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with this Section.
However, a
person admitted to a hospital 
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pursuant to powers granted under an agreed order
for care
and 
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custody shall be treated as a voluntary recipient pursuant to 
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Article IV of
this Chapter
and shall be advised immediately of 
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his or her right to request a discharge
pursuant to
Section 
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3-403 of this Code.

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    (c) If the court has appointed counsel for the respondent 
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pursuant to
Section 3-805
of this Code, that appointment shall 
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continue for the duration of any order
entered under
this 
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Section, and the respondent shall be represented by counsel in 
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any
proceeding held
pursuant to this Section.

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    (d) An order entered under this Section shall not 
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constitute a finding that
the
respondent is subject to 
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involuntary admission.

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    (e) Nothing in this Section shall be deemed to create an 
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agency relationship
between the respondent and any custodian 
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appointed pursuant to this Section.

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    (f) Notwithstanding any other provision of Illinois law, no 
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respondent may
be
cited for contempt for violating the terms 
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and conditions of his or her agreed
order of care
and custody.