Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1915 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1915 Introduced 2/9/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811 Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization. LRB103 27579 SPS 53955 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1915 Introduced 2/9/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811 Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization. LRB103 27579 SPS 53955 b LRB103 27579 SPS 53955 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1915 Introduced 2/9/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
4	4	405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
5	5	405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
6	6	Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization.
7	7	LRB103 27579 SPS 53955 b LRB103 27579 SPS 53955 b
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10	10	SB1915LRB103 27579 SPS 53955 b SB1915 LRB103 27579 SPS 53955 b
11	11	SB1915 LRB103 27579 SPS 53955 b
12	12	1 AN ACT concerning health.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Mental Health and Developmental
16	16	5 Disabilities Code is amended by changing Sections 3-100 and
17	17	6 3-811 as follows:
18	18	7 (405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
19	19	8 Sec. 3-100. The circuit court has jurisdiction under this
20	20	9 Chapter over persons not charged with a felony who are:
21	21	10 (1) subject to involuntary admission on an inpatient basis
22	22	11 as defined in Section 1-119;
23	23	12 (2) subject to involuntary admission on an outpatient
24	24	13 basis as defined in Section 1-119.1; or
25	25	14 (3) in need of treatment under Section 2-107.1. Inmates of
26	26	15 penal institutions shall not be considered as charged with a
27	27	16 felony within the meaning of this Chapter. Court proceedings
28	28	17 under Article VIII of this Chapter may be instituted as to any
29	29	18 such inmate at any time within 90 days prior to discharge of
30	30	19 such inmate by expiration of sentence or otherwise, and if
31	31	20 such inmate is found to be subject to involuntary admission,
32	32	21 the order of the court ordering hospitalization or other
33	33	22 disposition shall become effective at the time of discharge of
34	34	23 the inmate from penal custody. The circuit court has
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1915 Introduced 2/9/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
39	39	405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
40	40	405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
41	41	405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
42	42	Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; (2) subject to involuntary admission on an outpatient basis; or (3) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization.
43	43	LRB103 27579 SPS 53955 b LRB103 27579 SPS 53955 b
44	44	LRB103 27579 SPS 53955 b
45	45	A BILL FOR
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51	51	405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
52	52	405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
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71	71	1 jurisdiction over all persons alleged to be in need of
72	72	2 treatment under Section 2-107.1 of this Code, whether or not
73	73	3 they are charged with a felony.
74	74	4 (Source: P.A. 99-179, eff. 7-29-15.)
75	75	5 (405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
76	76	6 Sec. 3-811. Involuntary admission; alternative mental
77	77	7 health facilities.
78	78	8 (a) If any person is found subject to involuntary
79	79	9 admission on an inpatient basis, the court shall consider
80	80	10 alternative mental health facilities which are appropriate for
81	81	11 and available to the respondent, including but not limited to
82	82	12 hospitalization. The court may order the respondent to undergo
83	83	13 a program of hospitalization in a mental health facility
84	84	14 designated by the Department, in a licensed private hospital
85	85	15 or private mental health facility if it agrees, or in a
86	86	16 facility of the United States Veterans Administration if it
87	87	17 agrees. If any person is found subject to involuntary
88	88	18 admission on an outpatient basis, the court may order the
89	89	19 respondent to undergo a program of alternative treatment; or
90	90	20 the court may place the respondent in the care and custody of a
91	91	21 relative or other person willing and able to properly care for
92	92	22 him or her. The court shall order the least restrictive
93	93	23 alternative for treatment which is appropriate. Except as
94	94	24 provided in the Code of Criminal Procedure of 1963, no
95	95	25 respondent who has pending felony charges may be ordered to
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106	106	1 undergo a program of hospitalization in a mental health
107	107	2 facility operated by the Department unless the Department
108	108	3 agrees to the program of hospitalization.
109	109	4 (b) Whenever a person is found subject to involuntary
110	110	5 admission on an inpatient or outpatient basis, notice shall be
111	111	6 provided to the petitioner, orally and in writing, of his or
112	112	7 her right to receive notice of the recipient's discharge
113	113	8 pursuant to Section 3-902(d).
114	114	9 (c) An order that a person is found subject to involuntary
115	115	10 admission on an inpatient basis does not eliminate any
116	116	11 obligations under the federal Emergency Medical Transport and
117	117	12 Active Labor Act (EMTALA) of the transferring facility toward
118	118	13 the receiving facility. Before implementing an order, the
119	119	14 transferring facility shall notify the receiving facility of
120	120	15 the recipient and obtain medical clearance for the recipient.
121	121	16 (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
122	122	17 96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.)
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