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Full Text of HB4924
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HB4924 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4924
Introduced , by Rep. Lindsey LaPointe
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; or (2) 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. Removes provisions granting the circuit
court jurisdiction, until January 1, 2030, over all persons subject to
involuntary admission on an outpatient basis.
LRB104 18178 KTG 31617 b
A BILL FOR
HB4924
LRB104 18178 KTG 31617 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 Sections 3-100 and
6
3-811 as follows:
7
(405 ILCS 5/3-100)
(from Ch. 91 1/2, par. 3-100)
8
Sec. 3-100.
Jurisdiction over involuntary admissions.
(a)
9
The circuit court has jurisdiction under this Chapter over
10
persons
not charged with a felony
who are
:
11
(1)
subject to involuntary admission
on an inpatient
12
basis as defined in Section 1-119; or
.
13
(2) in need of treatment under Section 2-107.1.
14
(b) The circuit court has jurisdiction over all persons
15
who are subject to involuntary admission on an outpatient
16
basis under Article VII-A of this Chapter. This subsection (b)
17
is inoperative on and after January 1, 2030.
18
(c) Inmates of penal institutions shall not be considered
19
as charged with a felony within the meaning of this Chapter.
20
Court proceedings under Article VIII of this Chapter may be
21
instituted as to any such inmate at any time within 90 days
22
prior to discharge of such inmate by expiration of sentence or
23
otherwise, and if such inmate is found to be subject to
HB4924
- 2 -
LRB104 18178 KTG 31617 b
1
involuntary admission, the order of the court ordering
2
hospitalization or other disposition shall become effective at
3
the time of discharge of the inmate from penal custody.
4
(d) The circuit court has jurisdiction over all persons
5
alleged to be in need of treatment under Section 2-107.1 of
6
this Code, whether or not they are charged with a felony.
7
(Source: P.A. 104-217, eff. 1-1-26
.)
8
(405 ILCS 5/3-811)
(from Ch. 91 1/2, par. 3-811)
9
Sec. 3-811.
Involuntary admission; alternative mental
10
health facilities.
11
(a) If any person is found subject to involuntary
12
admission on an inpatient basis, the court shall consider
13
alternative mental health facilities which are appropriate for
14
and available to the respondent, including but not limited to
15
hospitalization. The court may order the respondent to undergo
16
a program of hospitalization in a mental health facility
17
designated by the Department, in a licensed private hospital
18
or private mental health facility if it agrees, or in a
19
facility of the United States Veterans Administration if it
20
agrees. If any person is found subject to involuntary
21
admission on an outpatient basis, the court may order the
22
respondent to undergo a program of alternative treatment; or
23
the court may place the respondent in the care and custody of a
24
relative or other person willing and able to properly care for
25
him or her. The court shall order the least restrictive
HB4924
- 3 -
LRB104 18178 KTG 31617 b
1
alternative for treatment which is appropriate.
Except as
2
provided in the Code of Criminal Procedure of 1963, no
3
respondent who has pending felony charges may be ordered to
4
undergo a program of hospitalization in a mental health
5
facility operated by the Department unless the Department
6
agrees to the program of hospitalization.
7
(b) Whenever a person is found subject to involuntary
8
admission on an inpatient or outpatient basis, notice shall be
9
provided to the petitioner, orally and in writing, of his or
10
her right to receive notice of the recipient's discharge
11
pursuant to Section 3-902(d).
12
(c) An order that a person is found subject to involuntary
13
admission on an inpatient basis does not eliminate any
14
obligations under the federal Emergency Medical Transport and
15
Active Labor Act (EMTALA) of the transferring facility toward
16
the receiving facility. Before implementing an order, the
17
transferring facility shall notify the receiving facility of
18
the recipient and obtain medical clearance for the recipient.
19
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
20
96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.)
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