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
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
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.
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A BILL FOR
HB4234LRB103 34782 SPS 64632 b HB4234 LRB103 34782 SPS 64632 b
HB4234 LRB103 34782 SPS 64632 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing the heading of
6 Article III Art. I and Sections 2-107.4, 3-101, 3-806.1,
7 3-814, 3-902, 4-701, and 5-113 as follows:
8 (405 ILCS 5/2-107.4)
9 Sec. 2-107.4. Video conferencing.
10 (a) The Illinois Supreme Court or any circuit court of
11 this State may adopt rules permitting the use of video
12 conferencing equipment in any hearing under Section 2-107.1
13 subject to the following conditions:
14 (1) if the parties, including the respondent, and
15 their attorneys, including the Attorney General State's
16 Attorney, are at a mental health facility, or some other
17 location to which the respondent may be safely and
18 conveniently transported, and the judge and any court
19 personnel are in another location; or
20 (2) if the respondent and his or her attorney are at a
21 mental health facility or some other location to which the
22 respondent may be safely and conveniently transported, and
23 all of the other participants including the judge are in
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
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.
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A BILL FOR
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
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1 another location, if, and only if, agreed to by the
2 respondent and the respondent's attorney.
3 (b) In any hearing under Section 2-107.1, any court may
4 permit any witness, including a psychiatrist, to testify by
5 video conferencing equipment from any location in the absence
6 of a court rule specifically prohibiting that testimony.
7 (Source: P.A. 99-535, eff. 1-1-17.)
8 (405 ILCS 5/Ch. III Art. I heading)
9 ARTICLE I. JURISDICTION; DUTIES OF THE ATTORNEY GENERAL
10 STATE'S ATTORNEY
11 (405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
12 Sec. 3-101. (a) The Attorney General State's Attorneys of
13 the several counties shall represent the people of the State
14 of Illinois in court proceedings under this Chapter and in
15 proceedings under Section 2-107.1 in their respective
16 counties, shall attend such proceedings either in person or by
17 assistant, and shall ensure that petitions, reports and orders
18 are properly prepared. Nothing herein contained shall prevent
19 any party, including any petitioner, from being represented by
20 his own counsel.
21 (b) Any community mental health provider or inpatient
22 mental health facility, including hospitals operated by the
23 Department, may be represented by counsel in court proceedings
24 under this Chapter if they are providing services or funding
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1 for services to the respondent, or if an order by the court
2 directing said entity to provide services or funding for
3 services to the respondent is being sought by any party.
4 (Source: P.A. 97-375, eff. 8-15-11.)
5 (405 ILCS 5/3-806.1)
6 Sec. 3-806.1. Video conferencing.
7 (a) Notwithstanding the provisions in Section 3-806, the
8 Illinois Supreme Court or any circuit court of this State may
9 adopt rules permitting the use of video conferencing equipment
10 in all hearings under this Chapter subject to the following
11 provisions:
12 (1) Such hearings are permitted if the parties,
13 including the respondent, and their lawyers, including the
14 Attorney General State's Attorney, are at a mental health
15 facility, or some other location to which the respondent
16 may be safely and conveniently transported, and the judge
17 and any court personnel are in another location.
18 (2) Such hearings are permitted if the respondent and
19 his or her counsel are at a mental health facility or some
20 other location to which the respondent may be safely and
21 conveniently transported, and all of the other
22 participants including the judge are in another location,
23 if, and only if, agreed to by the respondent and the
24 respondent's counsel.
25 (3) Video conferencing under this subsection (a) shall
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1 not be permitted in a jury trial under Section 3-802 of
2 this Article.
3 (b) Notwithstanding the above provisions, any court may
4 permit any witness, including a psychiatrist, to testify by
5 video conferencing equipment from any location in the absence
6 of a court rule specifically prohibiting such testimony.
7 (Source: P.A. 96-1321, eff. 1-1-11.)
8 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
9 Sec. 3-814. Treatment plan.
10 (a) Not more than 30 days after admission under this
11 Article, the facility director shall file with the court a
12 current treatment plan which shall include: all the
13 requirements listed in Section 3-209, an evaluation of the
14 recipient's progress and the extent to which he is benefiting
15 from treatment, the criteria which form the basis for the
16 determination that the patient is subject to involuntary
17 admission as defined in Section 1-119, and the specific
18 behaviors or conditions that demonstrate that the recipient
19 meets these criteria for continued confinement. If the
20 facility director is unable to determine any of the required
21 information, the treatment plan shall include an explanation
22 of why the facility director is unable to make this
23 determination, what the facility director is doing to enable
24 himself or herself to determine the information, and the date
25 by which the facility director expects to be able to make this
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1 determination. The facility director shall forward a copy of
2 the plan to the Attorney General State's Attorney, the
3 recipient's attorney, if the recipient is represented by
4 counsel, the recipient, and any guardian of the recipient.
5 (b) The purpose of the filing, forwarding, and review of
6 treatment plans and treatment is to ensure that the recipient
7 is receiving adequate and humane care and services as defined
8 in Section 1-101.2 and to ensure that the recipient continues
9 to meet the standards for involuntary confinement.
10 (c) On request of the recipient or an interested person on
11 his behalf, or on the court's own initiative, the court shall
12 review the current treatment plan to determine whether its
13 contents comply with the requirements of this Section and
14 Section 3-209. A request to review the current treatment plan
15 may be made by the recipient, or by an interested person on his
16 behalf, 30 days after initial commitment under Section 3-813,
17 90 days after the initial commitment, and 90 days after each
18 additional period of commitment under subsection (b) of
19 Section 3-813. If the court determines that any of the
20 information required by this Section or Section 3-209 to be
21 included in the treatment plan is not in the treatment plan or
22 that the treatment plan does not contain information from
23 which the court can determine whether the recipient continues
24 to meet the criteria for continued confinement, the court
25 shall indicate what is lacking and order the facility director
26 to revise the current treatment plan to comply with this
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1 Section and Section 3-209. If the recipient has been ordered
2 committed to the facility after he has been found not guilty by
3 reason of insanity, the treatment plan and its review shall be
4 subject to the provisions of Section 5-2-4 of the Unified Code
5 of Corrections.
6 (d) The recipient or an interested person on his or her
7 behalf may request a hearing or the court on its own motion may
8 order a hearing to review the treatment being received by the
9 recipient. The court, the recipient, or the Attorney General
10 State's Attorney may call witnesses at the hearing. The court
11 may order any public agency, officer, or employee to render
12 such information, cooperation, and assistance as is within its
13 legal authority and as may be appropriate to achieve the
14 objectives of this Section. The court may order an independent
15 examination on its own initiative and shall order such an
16 evaluation if either the recipient or the Attorney General
17 State's Attorney so requests and has demonstrated to the court
18 that the plan cannot be effectively reviewed by the court
19 without such an examination. Under no circumstances shall the
20 court be required to order an independent examination pursuant
21 to this Section more than once each year. The examination
22 shall be conducted by persons authorized to conduct
23 independent examinations under Section 3-804. If the court is
24 satisfied that the recipient is benefiting from treatment, it
25 may continue the original order for the remainder of the
26 admission period. If the court is not so satisfied, it may
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1 modify its original order or it may order the recipient
2 discharged.
3 (e) In lieu of a treatment plan, the facility director may
4 file a typed summary of the treatment plan which contains the
5 information required under Section 3-209 and subsection (a) of
6 this Section.
7 (Source: P.A. 91-536, eff. 1-1-00.)
8 (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
9 Sec. 3-902. Director initiated discharge.
10 (a) The facility director may at any time discharge an
11 informal, voluntary, or minor recipient who is clinically
12 suitable for discharge.
13 (b) The facility director shall discharge a recipient
14 admitted upon court order under this Chapter or any prior
15 statute where he is no longer subject to involuntary admission
16 on an inpatient basis. If the facility director believes that
17 continuing treatment is advisable for such recipient, he shall
18 inform the recipient of his right to remain as an informal or
19 voluntary recipient. If the facility director determines that
20 the recipient is subject to involuntary admission on an
21 outpatient basis, he or she shall petition the court for such a
22 commitment pursuant to this Chapter.
23 (c) When a facility director discharges or changes the
24 status of a recipient pursuant to this Section he shall
25 promptly notify the clerk of the court which entered the
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1 original order of the discharge or change in status. Upon
2 receipt of such notice, the clerk of the court shall note the
3 action taken in the court record. If the person being
4 discharged is a person under legal disability, the facility
5 director shall also submit a certificate regarding his legal
6 status without disability pursuant to Section 3-907.
7 (d) When the facility director determines that discharge
8 is appropriate for a recipient pursuant to this Section or
9 Section 3-403 he or she shall notify the Attorney General
10 state's attorney of the county in which the recipient resided
11 immediately prior to his admission to a mental health facility
12 and the state's attorney of the county where the last petition
13 for commitment was filed at least 48 hours prior to the
14 discharge when the Attorney General either state's attorney
15 has requested in writing such notification on that individual
16 recipient or when the facility director regards a recipient as
17 a continuing threat to the peace and safety of the community.
18 Upon receipt of such notice, the Attorney General state's
19 attorney may take any court action or notify such peace
20 officers that he deems appropriate. When the facility director
21 determines that discharge is appropriate for a recipient
22 pursuant to this Section or Section 3-403, he or she shall
23 notify the person whose petition pursuant to Section 3-701
24 resulted in the current hospitalization of the recipient's
25 discharge at least 48 hours prior to the discharge, if the
26 petitioner has requested in writing such notification on that
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1 individual recipient.
2 (e) The facility director may grant a temporary release to
3 a recipient whose condition is not considered appropriate for
4 discharge where such release is considered to be clinically
5 appropriate, provided that the release does not endanger the
6 public safety.
7 (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
8 96-1453, eff. 8-20-10.)
9 (405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
10 Sec. 4-701. (a) Any client admitted to a developmental
11 disabilities facility under this Chapter may be discharged
12 whenever the facility director determines that he is suitable
13 for discharge.
14 (b) Any client admitted to a facility or program of
15 nonresidential services upon court order under Article V of
16 this Chapter or admitted upon court order as a person with an
17 intellectual disability or as mentally deficient under any
18 prior statute shall be discharged whenever the facility
19 director determines that he no longer meets the standard for
20 judicial admission. When the facility director believes that
21 continued residence is advisable for such a client, he shall
22 inform the client and his guardian, if any, that the client may
23 remain at the facility on administrative admission status.
24 When a facility director discharges or changes the status of
25 such client, he shall promptly notify the clerk of the court
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1 who shall note the action in the court record.
2 (c) When the facility director discharges a client
3 pursuant to subsection (b) of this Section, he shall promptly
4 notify the Attorney General State's Attorney of the county in
5 which the client resided immediately prior to his admission to
6 a developmental disabilities facility. Upon receipt of such
7 notice, the Attorney General State's Attorney may notify such
8 peace officers that he deems appropriate.
9 (d) The facility director may grant a temporary release to
10 any client when such release is appropriate and consistent
11 with the habilitation needs of the client.
12 (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
13 (405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
14 Sec. 5-113. Upon receiving a petition for review under
15 Section 5-111, the Department shall thereupon notify the Board
16 of Reimbursement Appeals which shall render its decision
17 thereon within 30 days after the petition is filed and certify
18 such decision to the Department. Concurrence of a majority of
19 the Board is necessary in any such decision. Upon request of
20 the Department, the Attorney General State's Attorney of the
21 county in which a responsible relative or a recipient who is
22 liable under this Act for payment of sums representing
23 services charges resides, shall institute appropriate legal
24 action against any such responsible relative, or the
25 recipient, or within the time provided by law shall file a
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