Bill Text: IL HB5351 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction under the Admission, Transfer and Discharge Procedures for the Mentally Ill Chapter of the Code over persons not charged with a felony who are subject to involuntary admission on an inpatient basis. Provides that the circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis under the Admission on an Outpatient Basis by Court Order Article of that Chapter of the Code, whether or not they are charged with a felony. Provides that a petition that the respondent is subject to involuntary admission on an outpatient basis must be accompanied by one certificate (rather than 2 certificates) of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis. Provides that a court order placing the respondent in the care and custody of a relative or other person willing and able to properly care for him or her or committing the respondent to alternative treatment at a community mental health provider may include provisions requiring that the respondent participate in: case management services, individual or group therapy, day or partial day programs, educational or vocational training, supervised living, assertive community treatment team services, substance use disorder treatment and testing and any other service that would help prevent relapse or deterioration resulting in hospitalization. Provides that psychotropic medication or electroconvulsive therapy and accompanying tests may be ordered only pursuant to the administration of psychotropic medication and electroconvulsive therapy upon application to a court provisions of the Code. Provides that the court may also order the custodian or treatment provider to file periodic reports with the court, and provide copies to the State's Attorney and respondent's counsel, reflecting the respondent's participation in treatment and his or her clinical condition.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-04-30 - Rule 2-10 Committee Deadline Established As May 10, 2024 [HB5351 Detail]

Download: Illinois-2023-HB5351-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-107.1,
3-100, 3-752, 3-753, and 3-812 as follows:
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of psychotropic medication
and electroconvulsive therapy upon application to a court.
(a) (Blank).
(a-5) Notwithstanding the provisions of Section 2-107 of
this Code, psychotropic medication and electroconvulsive
therapy may be administered to an adult recipient of services
on an inpatient or outpatient basis without the informed
consent of the recipient under the following standards:
(1) Any person 18 years of age or older, including any
guardian, may petition the circuit court for an order
authorizing the administration of psychotropic medication
and electroconvulsive therapy to a recipient of services.
The petition shall state that the petitioner has made a
good faith attempt to determine whether the recipient has
executed a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration

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for mental health treatment under the Mental Health
Treatment Preference Declaration Act and to obtain copies
of these instruments if they exist. If either of the
above-named instruments is available to the petitioner,
the instrument or a copy of the instrument shall be
attached to the petition as an exhibit. The petitioner
shall deliver a copy of the petition, and notice of the
time and place of the hearing, to the respondent, his or
her attorney, any known agent or attorney-in-fact, if any,
and the guardian, if any, no later than 3 days prior to the
date of the hearing. Service of the petition and notice of
the time and place of the hearing may be made by
transmitting them via facsimile machine to the respondent
or other party. Upon receipt of the petition and notice,
the party served, or the person delivering the petition
and notice to the party served, shall acknowledge service.
If the party sending the petition and notice does not
receive acknowledgement of service within 24 hours,
service must be made by personal service.
The petition may include a request that the court
authorize such testing and procedures as may be essential
for the safe and effective administration of the
psychotropic medication or electroconvulsive therapy
sought to be administered, but only where the petition
sets forth the specific testing and procedures sought to
be administered.

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If a hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this Section
shall be filed with the petition for involuntary
admission.
(2) The court shall hold a hearing within 7 days of the
filing of the petition. The People, the petitioner, or the
respondent shall be entitled to a continuance of up to 7
days as of right. An additional continuance of not more
than 7 days may be granted to any party (i) upon a showing
that the continuance is needed in order to adequately
prepare for or present evidence in a hearing under this
Section or (ii) under exceptional circumstances. The court
may grant an additional continuance not to exceed 21 days
when, in its discretion, the court determines that such a
continuance is necessary in order to provide the recipient
with an examination pursuant to Section 3-803 or 3-804 of
this Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for
the substitution of counsel as provided for by the
Illinois Supreme Court Rules. The hearing shall be
separate from a judicial proceeding held to determine
whether a person is subject to involuntary admission on an
inpatient basis but may be heard immediately preceding or

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following such a judicial proceeding and may be heard by
the same trier of fact or law as in that judicial
proceeding.
(3) Unless otherwise provided herein, the procedures
set forth in Article VIII of Chapter III of this Act,
including the provisions regarding appointment of counsel,
shall govern hearings held under this subsection (a-5).
(4) Psychotropic medication and electroconvulsive
therapy may be administered to the recipient if and only
if it has been determined by clear and convincing evidence
that all of the following factors are present. In
determining whether a person meets the criteria specified
in the following paragraphs (A) through (G), the court may
consider evidence of the person's history of serious
violence, repeated past pattern of specific behavior,
actions related to the person's illness, or past outcomes
of various treatment options.
(A) That the recipient has a serious mental
illness or developmental disability.
(B) That because of said mental illness or
developmental disability, the recipient currently
exhibits any one of the following: (i) deterioration
of his or her ability to function, as compared to the
recipient's ability to function prior to the current
onset of symptoms of the mental illness or disability
for which treatment is presently sought, (ii)

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suffering, or (iii) threatening behavior.
(C) That the illness or disability has existed for
a period marked by the continuing presence of the
symptoms set forth in item (B) of this subdivision (4)
or the repeated episodic occurrence of these symptoms.
(D) That the benefits of the treatment outweigh
the harm.
(E) That the recipient lacks the capacity to make
a reasoned decision about the treatment.
(F) That other less restrictive services have been
explored and found inappropriate.
(G) If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second
90-day period of involuntary treatment may be authorized
pursuant to a hearing that complies with the standards and
procedures of this subsection (a-5). Thereafter,
additional 180-day periods of involuntary treatment may be
authorized pursuant to the standards and procedures of
this Section without limit. If a new petition to authorize
the administration of psychotropic medication or
electroconvulsive therapy is filed at least 15 days prior
to the expiration of the prior order, and if any

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continuance of the hearing is agreed to by the recipient,
the administration of the treatment may continue in
accordance with the prior order pending the completion of
a hearing under this Section.
(6) An order issued under this subsection (a-5) shall
designate the persons authorized to administer the
treatment under the standards and procedures of this
subsection (a-5). Those persons shall have complete
discretion not to administer any treatment authorized
under this Section. The order shall also specify the
medications and the anticipated range of dosages that have
been authorized and may include a list of any alternative
medications and range of dosages deemed necessary.
(a-10) The court may, in its discretion, appoint a
guardian ad litem for a recipient before the court or
authorize an existing guardian of the person to monitor
treatment and compliance with court orders under this Section.
(b) A guardian may be authorized to consent to the
administration of psychotropic medication or electroconvulsive
therapy to an objecting recipient only under the standards and
procedures of subsection (a-5).
(c) Notwithstanding any other provision of this Section, a
guardian may consent to the administration of psychotropic
medication or electroconvulsive therapy to a non-objecting
recipient under Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the

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administration of psychotropic medication or electroconvulsive
therapy to recipients in an emergency under Section 2-107 of
this Act.
(e) Notwithstanding any of the provisions of this Section,
psychotropic medication or electroconvulsive therapy may be
administered pursuant to a power of attorney for health care
under the Powers of Attorney for Health Care Law or a
declaration for mental health treatment under the Mental
Health Treatment Preference Declaration Act over the objection
of the recipient if the recipient has not revoked the power of
attorney or declaration for mental health treatment as
provided in the relevant statute.
(f) The Department shall conduct annual trainings for
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of
psychotropic medication and electroconvulsive therapy,
standards for their use, and the preparation of court
petitions under this Section.
(Source: P.A. 100-710, eff. 8-3-18.)
(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
Sec. 3-100. The circuit court has jurisdiction under this
Chapter over persons not charged with a felony who are subject
to involuntary admission on an inpatient basis. The circuit
court has jurisdiction over all persons who are subject to
involuntary admission on an outpatient basis under Article

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VII-A of this Code, whether or not they are charged with a
felony. Inmates of penal institutions shall not be considered
as charged with a felony within the meaning of this Chapter.
Court proceedings under Article VIII of this Chapter may be
instituted as to any such inmate at any time within 90 days
prior to discharge of such inmate by expiration of sentence or
otherwise, and if such inmate is found to be subject to
involuntary admission, the order of the court ordering
hospitalization or other disposition shall become effective at
the time of discharge of the inmate from penal custody. The
circuit court has jurisdiction over all persons alleged to be
in need of treatment under Section 2-107.1 of this Code,
whether or not they are charged with a felony.
(Source: P.A. 99-179, eff. 7-29-15.)
(405 ILCS 5/3-752)
Sec. 3-752. Certificate.
(a) The petition may be accompanied by the certificate of
a physician, qualified examiner, psychiatrist, advanced
practice psychiatric nurse, or clinical psychologist which
certifies that the respondent is subject to involuntary
admission on an outpatient basis. The certificate shall
indicate that the physician, qualified examiner, psychiatrist,
advanced practice psychiatric nurse, or clinical psychologist
personally examined the respondent not more than 72 hours
prior to the completion of the certificate. It shall also

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contain the physician's, qualified examiner's, psychiatrist's,
advanced practice psychiatric nurse's, or clinical
psychologist's clinical observations, other factual
information relied upon in reaching a diagnosis, and a
statement as to whether the respondent was advised of his or
her rights under Section 3-208.
(b) Upon receipt of the petition either with or without a
certificate, if the court finds the documents are in order, it
may make such orders pursuant to Section 3-753 as are
necessary to provide for examination of the respondent. If the
petition is not accompanied by a certificate 2 certificates
executed pursuant to Section 3-753, the court may order the
respondent to present himself or herself for examination at a
time and place designated by the court. If the petition is
accompanied by a certificate 2 certificates executed pursuant
to Section 3-753 and the court finds the documents are in
order, the court shall set the matter for hearing.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/3-753)
Sec. 3-753. Examination. If no certificate was filed, the
respondent shall be examined separately by a physician,
clinical psychologist, advanced practice psychiatric nurse, or
qualified examiner, or and by a psychiatrist. If a certificate
executed by a psychiatrist was filed, the respondent shall be
examined by a physician, clinical psychologist, qualified

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examiner, advanced practice psychiatric nurse, or
psychiatrist. If a certificate executed by a qualified
examiner, clinical psychologist, advanced practice psychiatric
nurse, or a physician who is not a psychiatrist was filed, the
respondent shall be examined by a psychiatrist. The examining
physician, clinical psychologist, qualified examiner, advanced
practice psychiatric nurse, or psychiatrist may interview by
telephone or in person any witnesses or other persons listed
in the petition for involuntary admission. If, as a result of
an examination, a certificate is executed, the certificate
shall be promptly filed with the court. If a certificate is
executed, the examining physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may also submit for filing with the court a
report in which his or her findings are described in detail,
and may rely upon such findings for his opinion that the
respondent is subject to involuntary admission. Copies of the
certificates shall be made available to the attorneys for the
parties upon request prior to the hearing.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
Sec. 3-812. Court ordered admission on an outpatient
basis; modification; revocation.
(a) If a respondent is found subject to involuntary
admission on an outpatient basis, the court may issue an

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order: (i) placing the respondent in the care and custody of a
relative or other person willing and able to properly care for
him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider.
(b) An order placing the respondent in the care and
custody of a relative or other person shall specify the powers
and duties of the custodian. An order of care and custody
entered pursuant to this Section may grant the custodian the
authority to admit a respondent to a hospital if the
respondent fails to comply with the conditions of the order.
If necessary in order to obtain the hospitalization of the
respondent, the custodian may apply to the court for an order
authorizing an officer of the peace to take the respondent
into custody and transport the respondent to a mental health
facility. The provisions of Section 3-605 shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. No person admitted to a hospital pursuant
to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within
that period, a petition for involuntary admission on an
inpatient basis and a certificate supporting such petition
have been filed as provided in Section 3-611.
(c) Alternative treatment shall not be ordered unless the
program being considered is capable of providing adequate and
humane treatment in the least restrictive setting which is

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appropriate to the respondent's condition. The court shall
have continuing authority to modify an order for alternative
treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment. Prior to
modifying such an order, the court shall receive a report from
the facility director of the program specifying why the
alternative treatment is unsuitable. The recipient shall be
notified and given an opportunity to respond when modification
of the order for alternative treatment is considered. If the
court determines that the respondent has violated the order
for alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate
assurances for the safety of the respondent or others, the
court may revoke the order for alternative treatment in the
community and may order a peace officer to take the recipient
into custody and transport him to an inpatient mental health
facility. The provisions of Section 3-605 shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. No person admitted to a hospital pursuant
to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within
that period, a petition for involuntary admission on an
inpatient basis and a certificate supporting such petition
have been filed as provided in Section 3-611.
(d) A court order placing the respondent in the care and

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