IL
Illinois House Bill HB2387

Illinois 2025-2026 Regular Session

Illinois House Bill HB2387 Compare Versions

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1-HB2387 EngrossedLRB104 08542 KTG 18594 b HB2387 Engrossed LRB104 08542 KTG 18594 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2387 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100405 ILCS 5/3-752405 ILCS 5/3-753405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812 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. LRB104 08542 KTG 18594 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2387 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100405 ILCS 5/3-752405 ILCS 5/3-753405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-752 405 ILCS 5/3-753 405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812 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. LRB104 08542 KTG 18594 b LRB104 08542 KTG 18594 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2387 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
3+405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100405 ILCS 5/3-752405 ILCS 5/3-753405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-752 405 ILCS 5/3-753 405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
4+405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
5+405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
6+405 ILCS 5/3-752
7+405 ILCS 5/3-753
8+405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
9+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.
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315 1 AN ACT concerning health.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
618 4 Section 5. The Mental Health and Developmental
7-5 Disabilities Code is amended by changing Sections 3-100,
8-6 3-752, 3-753, and 3-812 as follows:
9-7 (405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
10-8 Sec. 3-100. Jurisdiction over involuntary admissions.
11-9 (a) The circuit court has jurisdiction under this Chapter
12-10 over persons not charged with a felony who are subject to
13-11 involuntary admission.
14-12 (b) The circuit court has jurisdiction over all persons
15-13 who are subject to involuntary admission on an outpatient
16-14 basis under Article VII-A of this Chapter. This subsection (b)
17-15 is inoperative on and after January 1, 2030.
18-16 (c) Inmates of penal institutions shall not be considered
19-17 as charged with a felony within the meaning of this Chapter.
20-18 Court proceedings under Article VIII of this Chapter may be
21-19 instituted as to any such inmate at any time within 90 days
22-20 prior to discharge of such inmate by expiration of sentence or
23-21 otherwise, and if such inmate is found to be subject to
24-22 involuntary admission, the order of the court ordering
25-23 hospitalization or other disposition shall become effective at
19+5 Disabilities Code is amended by changing Sections 2-107.1,
20+6 3-100, 3-752, 3-753, and 3-812 as follows:
21+7 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
22+8 Sec. 2-107.1. Administration of psychotropic medication
23+9 and electroconvulsive therapy upon application to a court.
24+10 (a) (Blank).
25+11 (a-5) Notwithstanding the provisions of Section 2-107 of
26+12 this Code, psychotropic medication and electroconvulsive
27+13 therapy may be administered to an adult recipient of services
28+14 on an inpatient or outpatient basis without the informed
29+15 consent of the recipient under the following standards:
30+16 (1) Any person 18 years of age or older, including any
31+17 guardian, may petition the circuit court for an order
32+18 authorizing the administration of psychotropic medication
33+19 and electroconvulsive therapy to a recipient of services.
34+20 The petition shall state that the petitioner has made a
35+21 good faith attempt to determine whether the recipient has
36+22 executed a power of attorney for health care under the
37+23 Powers of Attorney for Health Care Law or a declaration
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34-1 the time of discharge of the inmate from penal custody.
35-2 (d) The circuit court has jurisdiction over all persons
36-3 alleged to be in need of treatment under Section 2-107.1 of
37-4 this Code, whether or not they are charged with a felony.
38-5 (Source: P.A. 99-179, eff. 7-29-15.)
39-6 (405 ILCS 5/3-752)
40-7 Sec. 3-752. Certificate.
41-8 (a) The petition may be accompanied by the certificate of
42-9 a physician, qualified examiner, psychiatrist, advanced
43-10 practice psychiatric nurse, or clinical psychologist which
44-11 certifies that the respondent is subject to involuntary
45-12 admission on an outpatient basis. The certificate shall
46-13 indicate that the physician, qualified examiner, psychiatrist,
47-14 advanced practice psychiatric nurse, or clinical psychologist
48-15 personally examined the respondent not more than 72 hours
49-16 prior to the completion of the certificate. It shall also
50-17 contain the physician's, qualified examiner's, psychiatrist's,
51-18 advanced practice psychiatric nurse's, or clinical
52-19 psychologist's clinical observations, other factual
53-20 information relied upon in reaching a diagnosis, and a
54-21 statement as to whether the respondent was advised of his or
55-22 her rights under Section 3-208.
56-23 (b) Upon receipt of the petition either with or without a
57-24 certificate, if the court finds the documents are in order, it
58-25 may make such orders pursuant to Section 3-753 as are
41+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2387 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
42+405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100405 ILCS 5/3-752405 ILCS 5/3-753405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1 405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100 405 ILCS 5/3-752 405 ILCS 5/3-753 405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
43+405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
44+405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
45+405 ILCS 5/3-752
46+405 ILCS 5/3-753
47+405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
48+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.
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57+405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1
58+405 ILCS 5/3-100 from Ch. 91 1/2, par. 3-100
59+405 ILCS 5/3-752
60+405 ILCS 5/3-753
61+405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
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69-1 necessary to provide for examination of the respondent. If the
70-2 petition is not accompanied by a certificate 2 certificates
71-3 executed pursuant to Section 3-753, the court may order the
72-4 respondent to present himself or herself for examination at a
73-5 time and place designated by the court. If the petition is
74-6 accompanied by a certificate 2 certificates executed pursuant
75-7 to Section 3-753 and the court finds the documents are in
76-8 order, the court shall set the matter for hearing.
77-9 (Source: P.A. 101-587, eff. 1-1-20.)
78-10 (405 ILCS 5/3-753)
79-11 Sec. 3-753. Examination. If no certificate was filed, the
80-12 respondent shall be examined separately by a physician,
81-13 clinical psychologist, advanced practice psychiatric nurse, or
82-14 qualified examiner, or and by a psychiatrist. If a certificate
83-15 executed by a psychiatrist was filed, the respondent shall be
84-16 examined by a physician, clinical psychologist, qualified
85-17 examiner, advanced practice psychiatric nurse, or
86-18 psychiatrist. If a certificate executed by a qualified
87-19 examiner, clinical psychologist, advanced practice psychiatric
88-20 nurse, or a physician who is not a psychiatrist was filed, the
89-21 respondent shall be examined by a psychiatrist. The examining
90-22 physician, clinical psychologist, qualified examiner, advanced
91-23 practice psychiatric nurse, or psychiatrist may interview by
92-24 telephone or in person any witnesses or other persons listed
93-25 in the petition for involuntary admission. If, as a result of
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104-1 an examination, a certificate is executed, the certificate
105-2 shall be promptly filed with the court. If a certificate is
106-3 executed, the examining physician, clinical psychologist,
107-4 qualified examiner, advanced practice psychiatric nurse, or
108-5 psychiatrist may also submit for filing with the court a
109-6 report in which his or her findings are described in detail,
110-7 and may rely upon such findings for his opinion that the
111-8 respondent is subject to involuntary admission. Copies of the
112-9 certificates shall be made available to the attorneys for the
113-10 parties upon request prior to the hearing.
114-11 (Source: P.A. 101-587, eff. 1-1-20.)
115-12 (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
116-13 Sec. 3-812. Court ordered admission on an outpatient
117-14 basis; modification; revocation.
118-15 (a) If a respondent is found subject to involuntary
119-16 admission on an outpatient basis, the court may issue an
120-17 order: (i) placing the respondent in the care and custody of a
121-18 relative or other person willing and able to properly care for
122-19 him or her; or (ii) committing the respondent to alternative
123-20 treatment at a community mental health provider.
124-21 (b) An order placing the respondent in the care and
125-22 custody of a relative or other person shall specify the powers
126-23 and duties of the custodian. Unless the respondent is charged
127-24 with a felony, an An order of care and custody entered pursuant
128-25 to this Section may grant the custodian the authority to admit
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80+1 for mental health treatment under the Mental Health
81+2 Treatment Preference Declaration Act and to obtain copies
82+3 of these instruments if they exist. If either of the
83+4 above-named instruments is available to the petitioner,
84+5 the instrument or a copy of the instrument shall be
85+6 attached to the petition as an exhibit. The petitioner
86+7 shall deliver a copy of the petition, and notice of the
87+8 time and place of the hearing, to the respondent, his or
88+9 her attorney, any known agent or attorney-in-fact, if any,
89+10 and the guardian, if any, no later than 3 days prior to the
90+11 date of the hearing. Service of the petition and notice of
91+12 the time and place of the hearing may be made by
92+13 transmitting them via facsimile machine to the respondent
93+14 or other party. Upon receipt of the petition and notice,
94+15 the party served, or the person delivering the petition
95+16 and notice to the party served, shall acknowledge service.
96+17 If the party sending the petition and notice does not
97+18 receive acknowledgement of service within 24 hours,
98+19 service must be made by personal service.
99+20 The petition may include a request that the court
100+21 authorize such testing and procedures as may be essential
101+22 for the safe and effective administration of the
102+23 psychotropic medication or electroconvulsive therapy
103+24 sought to be administered, but only where the petition
104+25 sets forth the specific testing and procedures sought to
105+26 be administered.
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139-1 a respondent to a hospital if the respondent fails to comply
140-2 with the conditions of the order. If necessary in order to
141-3 obtain the hospitalization of the respondent, the custodian
142-4 may apply to the court for an order authorizing an officer of
143-5 the peace to take the respondent into custody and transport
144-6 the respondent to a mental health facility. The provisions of
145-7 Section 3-605 shall govern the transportation of the
146-8 respondent to a mental health facility, except to the extent
147-9 that those provisions are inconsistent with this Section. No
148-10 person admitted to a hospital pursuant to this subsection
149-11 shall be detained for longer than 24 hours, excluding
150-12 Saturdays, Sundays, and holidays, unless, within that period,
151-13 a petition for involuntary admission on an inpatient basis and
152-14 a certificate supporting such petition have been filed as
153-15 provided in Section 3-611.
154-16 (c) Alternative treatment shall not be ordered unless the
155-17 program being considered is capable of providing adequate and
156-18 humane treatment in the least restrictive setting which is
157-19 appropriate to the respondent's condition. The court shall
158-20 have continuing authority to modify an order for alternative
159-21 treatment if the recipient fails to comply with the order or is
160-22 otherwise found unsuitable for alternative treatment. Prior to
161-23 modifying such an order, the court shall receive a report from
162-24 the facility director of the program specifying why the
163-25 alternative treatment is unsuitable. The recipient shall be
164-26 notified and given an opportunity to respond when modification
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116+1 If a hearing is requested to be held immediately
117+2 following the hearing on a petition for involuntary
118+3 admission, then the notice requirement shall be the same
119+4 as that for the hearing on the petition for involuntary
120+5 admission, and the petition filed pursuant to this Section
121+6 shall be filed with the petition for involuntary
122+7 admission.
123+8 (2) The court shall hold a hearing within 7 days of the
124+9 filing of the petition. The People, the petitioner, or the
125+10 respondent shall be entitled to a continuance of up to 7
126+11 days as of right. An additional continuance of not more
127+12 than 7 days may be granted to any party (i) upon a showing
128+13 that the continuance is needed in order to adequately
129+14 prepare for or present evidence in a hearing under this
130+15 Section or (ii) under exceptional circumstances. The court
131+16 may grant an additional continuance not to exceed 21 days
132+17 when, in its discretion, the court determines that such a
133+18 continuance is necessary in order to provide the recipient
134+19 with an examination pursuant to Section 3-803 or 3-804 of
135+20 this Act, to provide the recipient with a trial by jury as
136+21 provided in Section 3-802 of this Act, or to arrange for
137+22 the substitution of counsel as provided for by the
138+23 Illinois Supreme Court Rules. The hearing shall be
139+24 separate from a judicial proceeding held to determine
140+25 whether a person is subject to involuntary admission on an
141+26 inpatient basis but may be heard immediately preceding or
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175-1 of the order for alternative treatment is considered. If the
176-2 court determines that the respondent has violated the order
177-3 for alternative treatment in the community or that alternative
178-4 treatment in the community will no longer provide adequate
179-5 assurances for the safety of the respondent or others, the
180-6 court may revoke the order for alternative treatment in the
181-7 community and may order a peace officer to take the recipient
182-8 into custody and transport him to an inpatient mental health
183-9 facility. The provisions of Section 3-605 shall govern the
184-10 transportation of the respondent to a mental health facility,
185-11 except to the extent that those provisions are inconsistent
186-12 with this Section. No person admitted to a hospital pursuant
187-13 to this subsection shall be detained for longer than 24 hours,
188-14 excluding Saturdays, Sundays, and holidays, unless, within
189-15 that period, a petition for involuntary admission on an
190-16 inpatient basis and a certificate supporting such petition
191-17 have been filed as provided in Section 3-611.
192-18 (d) A court order placing the respondent in the care and
193-19 custody of a relative or other person willing and able to
194-20 properly care for him or her or committing the respondent to
195-21 alternative treatment at a community mental health provider
196-22 may include provisions requiring that the respondent
197-23 participate in: case management services, individual or group
198-24 therapy, day or partial day programs, educational or
199-25 vocational training, supervised living, assertive community
200-26 treatment team services, and any other mental health treatment
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152+1 following such a judicial proceeding and may be heard by
153+2 the same trier of fact or law as in that judicial
154+3 proceeding.
155+4 (3) Unless otherwise provided herein, the procedures
156+5 set forth in Article VIII of Chapter III of this Act,
157+6 including the provisions regarding appointment of counsel,
158+7 shall govern hearings held under this subsection (a-5).
159+8 (4) Psychotropic medication and electroconvulsive
160+9 therapy may be administered to the recipient if and only
161+10 if it has been determined by clear and convincing evidence
162+11 that all of the following factors are present. In
163+12 determining whether a person meets the criteria specified
164+13 in the following paragraphs (A) through (G), the court may
165+14 consider evidence of the person's history of serious
166+15 violence, repeated past pattern of specific behavior,
167+16 actions related to the person's illness, or past outcomes
168+17 of various treatment options.
169+18 (A) That the recipient has a serious mental
170+19 illness or developmental disability.
171+20 (B) That because of said mental illness or
172+21 developmental disability, the recipient currently
173+22 exhibits any one of the following: (i) deterioration
174+23 of his or her ability to function, as compared to the
175+24 recipient's ability to function prior to the current
176+25 onset of symptoms of the mental illness or disability
177+26 for which treatment is presently sought, (ii)
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211-1 that would help prevent relapse or deterioration resulting in
212-2 hospitalization; however, psychotropic medication or
213-3 electroconvulsive therapy and accompanying tests may be
214-4 ordered only pursuant to Section 2-107.1. Unless the
215-5 respondent is charged with a felony, the court may also order
216-6 the custodian or treatment provider to file under seal
217-7 periodic reports with the court reflecting the respondent's
218-8 participation in treatment and his or her clinical condition
219-9 and provide copies to the State's Attorney and respondent's
220-10 counsel. If the respondent is charged with a felony, no
221-11 document filed pursuant to this Section shall be admissible in
222-12 any other proceeding, including, but not limited to,
223-13 proceedings related to the felony, except that such documents
224-14 may be admissible in a proceeding under Section 2-107.1.
225-15 (e) Noncompliance with an order placing the respondent in
226-16 the care and custody of a relative or other person willing and
227-17 able to properly care for him or her or committing the
228-18 respondent to alternative treatment at a community mental
229-19 health provider shall not be a basis for a finding of contempt.
230-20 (Source: P.A. 98-221, eff. 1-1-14.)
231-21 Section 10. The Clerks of Courts Act is amended by
232-22 changing Section 27.1c as follows:
233-23 (705 ILCS 105/27.1c)
234-24 Sec. 27.1c. Assessment report.
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188+1 suffering, or (iii) threatening behavior.
189+2 (C) That the illness or disability has existed for
190+3 a period marked by the continuing presence of the
191+4 symptoms set forth in item (B) of this subdivision (4)
192+5 or the repeated episodic occurrence of these symptoms.
193+6 (D) That the benefits of the treatment outweigh
194+7 the harm.
195+8 (E) That the recipient lacks the capacity to make
196+9 a reasoned decision about the treatment.
197+10 (F) That other less restrictive services have been
198+11 explored and found inappropriate.
199+12 (G) If the petition seeks authorization for
200+13 testing and other procedures, that such testing and
201+14 procedures are essential for the safe and effective
202+15 administration of the treatment.
203+16 (5) In no event shall an order issued under this
204+17 Section be effective for more than 90 days. A second
205+18 90-day period of involuntary treatment may be authorized
206+19 pursuant to a hearing that complies with the standards and
207+20 procedures of this subsection (a-5). Thereafter,
208+21 additional 180-day periods of involuntary treatment may be
209+22 authorized pursuant to the standards and procedures of
210+23 this Section without limit. If a new petition to authorize
211+24 the administration of psychotropic medication or
212+25 electroconvulsive therapy is filed at least 15 days prior
213+26 to the expiration of the prior order, and if any
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245-1 (a) Not later than March 1, 2022, and March 1 of every year
246-2 thereafter, the clerk of the circuit court shall submit to the
247-3 Administrative Office of the Illinois Courts an annual report
248-4 for the period January 1 through December 31 of the previous
249-5 year. The report shall contain, with respect to each of the 4
250-6 categories of civil cases established by the Supreme Court
251-7 pursuant to Section 27.1b of this Act:
252-8 (1) the total number of cases that were filed;
253-9 (2) the amount of filing fees that were collected
254-10 pursuant to subsection (a) of Section 27.1b;
255-11 (3) the amount of appearance fees that were collected
256-12 pursuant to subsection (b) of Section 27.1b;
257-13 (4) the amount of fees collected pursuant to
258-14 subsection (b-5) of Section 27.1b;
259-15 (5) the amount of filing fees collected for
260-16 counterclaims or third party complaints pursuant to
261-17 subsection (c) of Section 27.1b;
262-18 (6) the nature and amount of any fees collected
263-19 pursuant to subsection (y) of Section 27.1b; and
264-20 (7) the number of cases for which, pursuant to Section
265-21 5-105 of the Code of Civil Procedure, there were waivers
266-22 of fees, costs, and charges of 25%, 50%, 75%, or 100%,
267-23 respectively, and the associated amount of fees, costs,
268-24 and charges that were waived.
269-25 (b) The Administrative Office of the Illinois Courts shall
270-26 publish the reports submitted under this Section on its
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224+1 continuance of the hearing is agreed to by the recipient,
225+2 the administration of the treatment may continue in
226+3 accordance with the prior order pending the completion of
227+4 a hearing under this Section.
228+5 (6) An order issued under this subsection (a-5) shall
229+6 designate the persons authorized to administer the
230+7 treatment under the standards and procedures of this
231+8 subsection (a-5). Those persons shall have complete
232+9 discretion not to administer any treatment authorized
233+10 under this Section. The order shall also specify the
234+11 medications and the anticipated range of dosages that have
235+12 been authorized and may include a list of any alternative
236+13 medications and range of dosages deemed necessary.
237+14 (a-10) The court may, in its discretion, appoint a
238+15 guardian ad litem for a recipient before the court or
239+16 authorize an existing guardian of the person to monitor
240+17 treatment and compliance with court orders under this Section.
241+18 (b) A guardian may be authorized to consent to the
242+19 administration of psychotropic medication or electroconvulsive
243+20 therapy to an objecting recipient only under the standards and
244+21 procedures of subsection (a-5).
245+22 (c) Notwithstanding any other provision of this Section, a
246+23 guardian may consent to the administration of psychotropic
247+24 medication or electroconvulsive therapy to a non-objecting
248+25 recipient under Article XIa of the Probate Act of 1975.
249+26 (d) Nothing in this Section shall prevent the
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281-1 website.
282-2 (c) (Blank).
283-3 (c-5) Not later than March 1, 2026, and March 1 of every
284-4 year thereafter, the clerk of the circuit court shall submit
285-5 to the Administrative Office of the Illinois Courts a report
286-6 for the previous calendar year containing the total number of
287-7 petitions filed asserting that a person is subject to
288-8 involuntary admission on an outpatient basis pursuant to
289-9 Section 3-751 of the Mental Health and Developmental
290-10 Disabilities Code. This subsection (c) is inoperative on and
291-11 after January 1, 2030.
292-12 (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21.)
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260+1 administration of psychotropic medication or electroconvulsive
261+2 therapy to recipients in an emergency under Section 2-107 of
262+3 this Act.
263+4 (e) Notwithstanding any of the provisions of this Section,
264+5 psychotropic medication or electroconvulsive therapy may be
265+6 administered pursuant to a power of attorney for health care
266+7 under the Powers of Attorney for Health Care Law or a
267+8 declaration for mental health treatment under the Mental
268+9 Health Treatment Preference Declaration Act over the objection
269+10 of the recipient if the recipient has not revoked the power of
270+11 attorney or declaration for mental health treatment as
271+12 provided in the relevant statute.
272+13 (f) The Department shall conduct annual trainings for
273+14 physicians and registered nurses working in State-operated
274+15 mental health facilities on the appropriate use of
275+16 psychotropic medication and electroconvulsive therapy,
276+17 standards for their use, and the preparation of court
277+18 petitions under this Section.
278+19 (Source: P.A. 100-710, eff. 8-3-18.)
279+20 (405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
280+21 Sec. 3-100. The circuit court has jurisdiction under this
281+22 Chapter over persons not charged with a felony who are subject
282+23 to involuntary admission on an inpatient basis. The circuit
283+24 court has jurisdiction over all persons who are subject to
284+25 involuntary admission on an outpatient basis under Article
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295+1 VII-A of this Code, whether or not they are charged with a
296+2 felony. Inmates of penal institutions shall not be considered
297+3 as charged with a felony within the meaning of this Chapter.
298+4 Court proceedings under Article VIII of this Chapter may be
299+5 instituted as to any such inmate at any time within 90 days
300+6 prior to discharge of such inmate by expiration of sentence or
301+7 otherwise, and if such inmate is found to be subject to
302+8 involuntary admission, the order of the court ordering
303+9 hospitalization or other disposition shall become effective at
304+10 the time of discharge of the inmate from penal custody. The
305+11 circuit court has jurisdiction over all persons alleged to be
306+12 in need of treatment under Section 2-107.1 of this Code,
307+13 whether or not they are charged with a felony.
308+14 (Source: P.A. 99-179, eff. 7-29-15.)
309+15 (405 ILCS 5/3-752)
310+16 Sec. 3-752. Certificate.
311+17 (a) The petition may be accompanied by the certificate of
312+18 a physician, qualified examiner, psychiatrist, advanced
313+19 practice psychiatric nurse, or clinical psychologist which
314+20 certifies that the respondent is subject to involuntary
315+21 admission on an outpatient basis. The certificate shall
316+22 indicate that the physician, qualified examiner, psychiatrist,
317+23 advanced practice psychiatric nurse, or clinical psychologist
318+24 personally examined the respondent not more than 72 hours
319+25 prior to the completion of the certificate. It shall also
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330+1 contain the physician's, qualified examiner's, psychiatrist's,
331+2 advanced practice psychiatric nurse's, or clinical
332+3 psychologist's clinical observations, other factual
333+4 information relied upon in reaching a diagnosis, and a
334+5 statement as to whether the respondent was advised of his or
335+6 her rights under Section 3-208.
336+7 (b) Upon receipt of the petition either with or without a
337+8 certificate, if the court finds the documents are in order, it
338+9 may make such orders pursuant to Section 3-753 as are
339+10 necessary to provide for examination of the respondent. If the
340+11 petition is not accompanied by a certificate 2 certificates
341+12 executed pursuant to Section 3-753, the court may order the
342+13 respondent to present himself or herself for examination at a
343+14 time and place designated by the court. If the petition is
344+15 accompanied by a certificate 2 certificates executed pursuant
345+16 to Section 3-753 and the court finds the documents are in
346+17 order, the court shall set the matter for hearing.
347+18 (Source: P.A. 101-587, eff. 1-1-20.)
348+19 (405 ILCS 5/3-753)
349+20 Sec. 3-753. Examination. If no certificate was filed, the
350+21 respondent shall be examined separately by a physician,
351+22 clinical psychologist, advanced practice psychiatric nurse, or
352+23 qualified examiner, or and by a psychiatrist. If a certificate
353+24 executed by a psychiatrist was filed, the respondent shall be
354+25 examined by a physician, clinical psychologist, qualified
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365+1 examiner, advanced practice psychiatric nurse, or
366+2 psychiatrist. If a certificate executed by a qualified
367+3 examiner, clinical psychologist, advanced practice psychiatric
368+4 nurse, or a physician who is not a psychiatrist was filed, the
369+5 respondent shall be examined by a psychiatrist. The examining
370+6 physician, clinical psychologist, qualified examiner, advanced
371+7 practice psychiatric nurse, or psychiatrist may interview by
372+8 telephone or in person any witnesses or other persons listed
373+9 in the petition for involuntary admission. If, as a result of
374+10 an examination, a certificate is executed, the certificate
375+11 shall be promptly filed with the court. If a certificate is
376+12 executed, the examining physician, clinical psychologist,
377+13 qualified examiner, advanced practice psychiatric nurse, or
378+14 psychiatrist may also submit for filing with the court a
379+15 report in which his or her findings are described in detail,
380+16 and may rely upon such findings for his opinion that the
381+17 respondent is subject to involuntary admission. Copies of the
382+18 certificates shall be made available to the attorneys for the
383+19 parties upon request prior to the hearing.
384+20 (Source: P.A. 101-587, eff. 1-1-20.)
385+21 (405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
386+22 Sec. 3-812. Court ordered admission on an outpatient
387+23 basis; modification; revocation.
388+24 (a) If a respondent is found subject to involuntary
389+25 admission on an outpatient basis, the court may issue an
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400+1 order: (i) placing the respondent in the care and custody of a
401+2 relative or other person willing and able to properly care for
402+3 him or her; or (ii) committing the respondent to alternative
403+4 treatment at a community mental health provider.
404+5 (b) An order placing the respondent in the care and
405+6 custody of a relative or other person shall specify the powers
406+7 and duties of the custodian. An order of care and custody
407+8 entered pursuant to this Section may grant the custodian the
408+9 authority to admit a respondent to a hospital if the
409+10 respondent fails to comply with the conditions of the order.
410+11 If necessary in order to obtain the hospitalization of the
411+12 respondent, the custodian may apply to the court for an order
412+13 authorizing an officer of the peace to take the respondent
413+14 into custody and transport the respondent to a mental health
414+15 facility. The provisions of Section 3-605 shall govern the
415+16 transportation of the respondent to a mental health facility,
416+17 except to the extent that those provisions are inconsistent
417+18 with this Section. No person admitted to a hospital pursuant
418+19 to this subsection shall be detained for longer than 24 hours,
419+20 excluding Saturdays, Sundays, and holidays, unless, within
420+21 that period, a petition for involuntary admission on an
421+22 inpatient basis and a certificate supporting such petition
422+23 have been filed as provided in Section 3-611.
423+24 (c) Alternative treatment shall not be ordered unless the
424+25 program being considered is capable of providing adequate and
425+26 humane treatment in the least restrictive setting which is
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436+1 appropriate to the respondent's condition. The court shall
437+2 have continuing authority to modify an order for alternative
438+3 treatment if the recipient fails to comply with the order or is
439+4 otherwise found unsuitable for alternative treatment. Prior to
440+5 modifying such an order, the court shall receive a report from
441+6 the facility director of the program specifying why the
442+7 alternative treatment is unsuitable. The recipient shall be
443+8 notified and given an opportunity to respond when modification
444+9 of the order for alternative treatment is considered. If the
445+10 court determines that the respondent has violated the order
446+11 for alternative treatment in the community or that alternative
447+12 treatment in the community will no longer provide adequate
448+13 assurances for the safety of the respondent or others, the
449+14 court may revoke the order for alternative treatment in the
450+15 community and may order a peace officer to take the recipient
451+16 into custody and transport him to an inpatient mental health
452+17 facility. The provisions of Section 3-605 shall govern the
453+18 transportation of the respondent to a mental health facility,
454+19 except to the extent that those provisions are inconsistent
455+20 with this Section. No person admitted to a hospital pursuant
456+21 to this subsection shall be detained for longer than 24 hours,
457+22 excluding Saturdays, Sundays, and holidays, unless, within
458+23 that period, a petition for involuntary admission on an
459+24 inpatient basis and a certificate supporting such petition
460+25 have been filed as provided in Section 3-611.
461+26 (d) A court order placing the respondent in the care and
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