IL
Illinois House Bill HB4234

Illinois 2023-2024 Regular Session

Illinois House Bill HB4234 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4234 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 405 ILCS 5/2-107.4405 ILCS 5/Ch. III Art. I heading405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101405 ILCS 5/3-806.1405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113 Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes. LRB103 34782 SPS 64632 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4234 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 405 ILCS 5/2-107.4405 ILCS 5/Ch. III Art. I heading405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101405 ILCS 5/3-806.1405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113 405 ILCS 5/2-107.4 405 ILCS 5/Ch. III Art. I heading 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101 405 ILCS 5/3-806.1 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113 Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes. LRB103 34782 SPS 64632 b LRB103 34782 SPS 64632 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4234 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
33 405 ILCS 5/2-107.4405 ILCS 5/Ch. III Art. I heading405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101405 ILCS 5/3-806.1405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113 405 ILCS 5/2-107.4 405 ILCS 5/Ch. III Art. I heading 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101 405 ILCS 5/3-806.1 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
44 405 ILCS 5/2-107.4
55 405 ILCS 5/Ch. III Art. I heading
66 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101
77 405 ILCS 5/3-806.1
88 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814
99 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
1010 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701
1111 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
1212 Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes.
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1818 1 AN ACT concerning health.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Mental Health and Developmental
2222 5 Disabilities Code is amended by changing the heading of
2323 6 Article III Art. I and Sections 2-107.4, 3-101, 3-806.1,
2424 7 3-814, 3-902, 4-701, and 5-113 as follows:
2525 8 (405 ILCS 5/2-107.4)
2626 9 Sec. 2-107.4. Video conferencing.
2727 10 (a) The Illinois Supreme Court or any circuit court of
2828 11 this State may adopt rules permitting the use of video
2929 12 conferencing equipment in any hearing under Section 2-107.1
3030 13 subject to the following conditions:
3131 14 (1) if the parties, including the respondent, and
3232 15 their attorneys, including the Attorney General State's
3333 16 Attorney, are at a mental health facility, or some other
3434 17 location to which the respondent may be safely and
3535 18 conveniently transported, and the judge and any court
3636 19 personnel are in another location; or
3737 20 (2) if the respondent and his or her attorney are at a
3838 21 mental health facility or some other location to which the
3939 22 respondent may be safely and conveniently transported, and
4040 23 all of the other participants including the judge are in
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4444 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4234 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
4545 405 ILCS 5/2-107.4405 ILCS 5/Ch. III Art. I heading405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101405 ILCS 5/3-806.1405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113 405 ILCS 5/2-107.4 405 ILCS 5/Ch. III Art. I heading 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101 405 ILCS 5/3-806.1 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
4646 405 ILCS 5/2-107.4
4747 405 ILCS 5/Ch. III Art. I heading
4848 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101
4949 405 ILCS 5/3-806.1
5050 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814
5151 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
5252 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701
5353 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
5454 Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes.
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5757 A BILL FOR
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6464 405 ILCS 5/Ch. III Art. I heading
6565 405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101
6666 405 ILCS 5/3-806.1
6767 405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814
6868 405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
6969 405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701
7070 405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
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8989 1 another location, if, and only if, agreed to by the
9090 2 respondent and the respondent's attorney.
9191 3 (b) In any hearing under Section 2-107.1, any court may
9292 4 permit any witness, including a psychiatrist, to testify by
9393 5 video conferencing equipment from any location in the absence
9494 6 of a court rule specifically prohibiting that testimony.
9595 7 (Source: P.A. 99-535, eff. 1-1-17.)
9696 8 (405 ILCS 5/Ch. III Art. I heading)
9797 9 ARTICLE I. JURISDICTION; DUTIES OF THE ATTORNEY GENERAL
9898 10 STATE'S ATTORNEY
9999 11 (405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
100100 12 Sec. 3-101. (a) The Attorney General State's Attorneys of
101101 13 the several counties shall represent the people of the State
102102 14 of Illinois in court proceedings under this Chapter and in
103103 15 proceedings under Section 2-107.1 in their respective
104104 16 counties, shall attend such proceedings either in person or by
105105 17 assistant, and shall ensure that petitions, reports and orders
106106 18 are properly prepared. Nothing herein contained shall prevent
107107 19 any party, including any petitioner, from being represented by
108108 20 his own counsel.
109109 21 (b) Any community mental health provider or inpatient
110110 22 mental health facility, including hospitals operated by the
111111 23 Department, may be represented by counsel in court proceedings
112112 24 under this Chapter if they are providing services or funding
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123123 1 for services to the respondent, or if an order by the court
124124 2 directing said entity to provide services or funding for
125125 3 services to the respondent is being sought by any party.
126126 4 (Source: P.A. 97-375, eff. 8-15-11.)
127127 5 (405 ILCS 5/3-806.1)
128128 6 Sec. 3-806.1. Video conferencing.
129129 7 (a) Notwithstanding the provisions in Section 3-806, the
130130 8 Illinois Supreme Court or any circuit court of this State may
131131 9 adopt rules permitting the use of video conferencing equipment
132132 10 in all hearings under this Chapter subject to the following
133133 11 provisions:
134134 12 (1) Such hearings are permitted if the parties,
135135 13 including the respondent, and their lawyers, including the
136136 14 Attorney General State's Attorney, are at a mental health
137137 15 facility, or some other location to which the respondent
138138 16 may be safely and conveniently transported, and the judge
139139 17 and any court personnel are in another location.
140140 18 (2) Such hearings are permitted if the respondent and
141141 19 his or her counsel are at a mental health facility or some
142142 20 other location to which the respondent may be safely and
143143 21 conveniently transported, and all of the other
144144 22 participants including the judge are in another location,
145145 23 if, and only if, agreed to by the respondent and the
146146 24 respondent's counsel.
147147 25 (3) Video conferencing under this subsection (a) shall
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158158 1 not be permitted in a jury trial under Section 3-802 of
159159 2 this Article.
160160 3 (b) Notwithstanding the above provisions, any court may
161161 4 permit any witness, including a psychiatrist, to testify by
162162 5 video conferencing equipment from any location in the absence
163163 6 of a court rule specifically prohibiting such testimony.
164164 7 (Source: P.A. 96-1321, eff. 1-1-11.)
165165 8 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
166166 9 Sec. 3-814. Treatment plan.
167167 10 (a) Not more than 30 days after admission under this
168168 11 Article, the facility director shall file with the court a
169169 12 current treatment plan which shall include: all the
170170 13 requirements listed in Section 3-209, an evaluation of the
171171 14 recipient's progress and the extent to which he is benefiting
172172 15 from treatment, the criteria which form the basis for the
173173 16 determination that the patient is subject to involuntary
174174 17 admission as defined in Section 1-119, and the specific
175175 18 behaviors or conditions that demonstrate that the recipient
176176 19 meets these criteria for continued confinement. If the
177177 20 facility director is unable to determine any of the required
178178 21 information, the treatment plan shall include an explanation
179179 22 of why the facility director is unable to make this
180180 23 determination, what the facility director is doing to enable
181181 24 himself or herself to determine the information, and the date
182182 25 by which the facility director expects to be able to make this
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193193 1 determination. The facility director shall forward a copy of
194194 2 the plan to the Attorney General State's Attorney, the
195195 3 recipient's attorney, if the recipient is represented by
196196 4 counsel, the recipient, and any guardian of the recipient.
197197 5 (b) The purpose of the filing, forwarding, and review of
198198 6 treatment plans and treatment is to ensure that the recipient
199199 7 is receiving adequate and humane care and services as defined
200200 8 in Section 1-101.2 and to ensure that the recipient continues
201201 9 to meet the standards for involuntary confinement.
202202 10 (c) On request of the recipient or an interested person on
203203 11 his behalf, or on the court's own initiative, the court shall
204204 12 review the current treatment plan to determine whether its
205205 13 contents comply with the requirements of this Section and
206206 14 Section 3-209. A request to review the current treatment plan
207207 15 may be made by the recipient, or by an interested person on his
208208 16 behalf, 30 days after initial commitment under Section 3-813,
209209 17 90 days after the initial commitment, and 90 days after each
210210 18 additional period of commitment under subsection (b) of
211211 19 Section 3-813. If the court determines that any of the
212212 20 information required by this Section or Section 3-209 to be
213213 21 included in the treatment plan is not in the treatment plan or
214214 22 that the treatment plan does not contain information from
215215 23 which the court can determine whether the recipient continues
216216 24 to meet the criteria for continued confinement, the court
217217 25 shall indicate what is lacking and order the facility director
218218 26 to revise the current treatment plan to comply with this
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229229 1 Section and Section 3-209. If the recipient has been ordered
230230 2 committed to the facility after he has been found not guilty by
231231 3 reason of insanity, the treatment plan and its review shall be
232232 4 subject to the provisions of Section 5-2-4 of the Unified Code
233233 5 of Corrections.
234234 6 (d) The recipient or an interested person on his or her
235235 7 behalf may request a hearing or the court on its own motion may
236236 8 order a hearing to review the treatment being received by the
237237 9 recipient. The court, the recipient, or the Attorney General
238238 10 State's Attorney may call witnesses at the hearing. The court
239239 11 may order any public agency, officer, or employee to render
240240 12 such information, cooperation, and assistance as is within its
241241 13 legal authority and as may be appropriate to achieve the
242242 14 objectives of this Section. The court may order an independent
243243 15 examination on its own initiative and shall order such an
244244 16 evaluation if either the recipient or the Attorney General
245245 17 State's Attorney so requests and has demonstrated to the court
246246 18 that the plan cannot be effectively reviewed by the court
247247 19 without such an examination. Under no circumstances shall the
248248 20 court be required to order an independent examination pursuant
249249 21 to this Section more than once each year. The examination
250250 22 shall be conducted by persons authorized to conduct
251251 23 independent examinations under Section 3-804. If the court is
252252 24 satisfied that the recipient is benefiting from treatment, it
253253 25 may continue the original order for the remainder of the
254254 26 admission period. If the court is not so satisfied, it may
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265265 1 modify its original order or it may order the recipient
266266 2 discharged.
267267 3 (e) In lieu of a treatment plan, the facility director may
268268 4 file a typed summary of the treatment plan which contains the
269269 5 information required under Section 3-209 and subsection (a) of
270270 6 this Section.
271271 7 (Source: P.A. 91-536, eff. 1-1-00.)
272272 8 (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
273273 9 Sec. 3-902. Director initiated discharge.
274274 10 (a) The facility director may at any time discharge an
275275 11 informal, voluntary, or minor recipient who is clinically
276276 12 suitable for discharge.
277277 13 (b) The facility director shall discharge a recipient
278278 14 admitted upon court order under this Chapter or any prior
279279 15 statute where he is no longer subject to involuntary admission
280280 16 on an inpatient basis. If the facility director believes that
281281 17 continuing treatment is advisable for such recipient, he shall
282282 18 inform the recipient of his right to remain as an informal or
283283 19 voluntary recipient. If the facility director determines that
284284 20 the recipient is subject to involuntary admission on an
285285 21 outpatient basis, he or she shall petition the court for such a
286286 22 commitment pursuant to this Chapter.
287287 23 (c) When a facility director discharges or changes the
288288 24 status of a recipient pursuant to this Section he shall
289289 25 promptly notify the clerk of the court which entered the
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300300 1 original order of the discharge or change in status. Upon
301301 2 receipt of such notice, the clerk of the court shall note the
302302 3 action taken in the court record. If the person being
303303 4 discharged is a person under legal disability, the facility
304304 5 director shall also submit a certificate regarding his legal
305305 6 status without disability pursuant to Section 3-907.
306306 7 (d) When the facility director determines that discharge
307307 8 is appropriate for a recipient pursuant to this Section or
308308 9 Section 3-403 he or she shall notify the Attorney General
309309 10 state's attorney of the county in which the recipient resided
310310 11 immediately prior to his admission to a mental health facility
311311 12 and the state's attorney of the county where the last petition
312312 13 for commitment was filed at least 48 hours prior to the
313313 14 discharge when the Attorney General either state's attorney
314314 15 has requested in writing such notification on that individual
315315 16 recipient or when the facility director regards a recipient as
316316 17 a continuing threat to the peace and safety of the community.
317317 18 Upon receipt of such notice, the Attorney General state's
318318 19 attorney may take any court action or notify such peace
319319 20 officers that he deems appropriate. When the facility director
320320 21 determines that discharge is appropriate for a recipient
321321 22 pursuant to this Section or Section 3-403, he or she shall
322322 23 notify the person whose petition pursuant to Section 3-701
323323 24 resulted in the current hospitalization of the recipient's
324324 25 discharge at least 48 hours prior to the discharge, if the
325325 26 petitioner has requested in writing such notification on that
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336336 1 individual recipient.
337337 2 (e) The facility director may grant a temporary release to
338338 3 a recipient whose condition is not considered appropriate for
339339 4 discharge where such release is considered to be clinically
340340 5 appropriate, provided that the release does not endanger the
341341 6 public safety.
342342 7 (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
343343 8 96-1453, eff. 8-20-10.)
344344 9 (405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
345345 10 Sec. 4-701. (a) Any client admitted to a developmental
346346 11 disabilities facility under this Chapter may be discharged
347347 12 whenever the facility director determines that he is suitable
348348 13 for discharge.
349349 14 (b) Any client admitted to a facility or program of
350350 15 nonresidential services upon court order under Article V of
351351 16 this Chapter or admitted upon court order as a person with an
352352 17 intellectual disability or as mentally deficient under any
353353 18 prior statute shall be discharged whenever the facility
354354 19 director determines that he no longer meets the standard for
355355 20 judicial admission. When the facility director believes that
356356 21 continued residence is advisable for such a client, he shall
357357 22 inform the client and his guardian, if any, that the client may
358358 23 remain at the facility on administrative admission status.
359359 24 When a facility director discharges or changes the status of
360360 25 such client, he shall promptly notify the clerk of the court
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371371 1 who shall note the action in the court record.
372372 2 (c) When the facility director discharges a client
373373 3 pursuant to subsection (b) of this Section, he shall promptly
374374 4 notify the Attorney General State's Attorney of the county in
375375 5 which the client resided immediately prior to his admission to
376376 6 a developmental disabilities facility. Upon receipt of such
377377 7 notice, the Attorney General State's Attorney may notify such
378378 8 peace officers that he deems appropriate.
379379 9 (d) The facility director may grant a temporary release to
380380 10 any client when such release is appropriate and consistent
381381 11 with the habilitation needs of the client.
382382 12 (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
383383 13 (405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
384384 14 Sec. 5-113. Upon receiving a petition for review under
385385 15 Section 5-111, the Department shall thereupon notify the Board
386386 16 of Reimbursement Appeals which shall render its decision
387387 17 thereon within 30 days after the petition is filed and certify
388388 18 such decision to the Department. Concurrence of a majority of
389389 19 the Board is necessary in any such decision. Upon request of
390390 20 the Department, the Attorney General State's Attorney of the
391391 21 county in which a responsible relative or a recipient who is
392392 22 liable under this Act for payment of sums representing
393393 23 services charges resides, shall institute appropriate legal
394394 24 action against any such responsible relative, or the
395395 25 recipient, or within the time provided by law shall file a
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