MHDD-INVOLUNTARY ADMISSIONS

Illinois General Assembly - Full Text of HB5272

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5272

Introduced 2/10/2026, by Rep. Debbie Meyers-Martin

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-100

from Ch. 91 1/2, par. 3-100
405 ILCS 5/3-812

from Ch. 91 1/2, par. 3-812

Amends the Mental Health and Developmental Disabilities Code. In
regard to involuntary admissions, provides that a circuit court has
jurisdiction over persons who are subject to involuntary admission (rather
than jurisdiction over persons not charged with a felony who are subject to
involuntary admission).
LRB104 18156 KTG 31595 b

A BILL FOR

HB5272
LRB104 18156 KTG 31595 b
1

AN ACT concerning mental 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,
6
3-600, 3-812 and by adding Section 3-600.1 as follows:

7

(405 ILCS 5/3-100)

(from Ch. 91 1/2, par. 3-100)
8

Sec. 3-100.
Jurisdiction over involuntary admissions.
9

(a) The circuit court has jurisdiction under this Chapter
10
over persons
not charged with a felony
who are subject to
11
involuntary admission.
12

(b) The circuit court has jurisdiction over all persons
13
who are subject to involuntary admission on an outpatient
14
basis under Article VII-A of this Chapter. This subsection (b)
15
is inoperative on and after January 1, 2030.
16

(c)
Inmates of penal institutions shall not be considered
17
as charged with a felony within the meaning of this Chapter.

18
Court proceedings under Article VIII of this Chapter may be
19
instituted as to any
inmate of a penal institution

such inmate

20
at any time within 90 days prior to discharge of such inmate by
21
expiration of sentence or otherwise, and if such inmate is
22
found to be subject to involuntary admission, the order of the
23
court ordering hospitalization or other disposition shall

HB5272
- 2 -
LRB104 18156 KTG 31595 b
1
become effective at the time of discharge of the inmate from
2
penal custody.
3

(d) The circuit court has jurisdiction over all persons
4
alleged to be in need of treatment under Section 2-107.1 of
5
this Code
, whether or not they are charged with a felony
.
6
(Source: P.A. 104-217, eff. 1-1-26
.)

7

(405 ILCS 5/3-812)

(from Ch. 91 1/2, par. 3-812)
8

Sec. 3-812.
Court ordered admission on an outpatient
9
basis; modification; revocation.

10

(a) If a respondent is found subject to involuntary
11
admission on an outpatient basis, the court may issue an
12
order: (i) placing the respondent in the care and custody of a
13
relative or other person willing and able to properly care for
14
him or her; or (ii) committing the respondent to alternative
15
treatment at a community mental health provider.
16

(b) An order placing the respondent in the care and
17
custody of a relative or other person shall specify the powers
18
and duties of the custodian.
An

Unless the respondent is
19
charged with a felony, an
order of care and custody entered
20
pursuant to this Section may grant the custodian the authority
21
to consent to the admission of a respondent to a hospital if
22
the respondent fails to comply with the conditions of the
23
order. If necessary in order to obtain the hospitalization of
24
the respondent, the custodian may apply to the court for an
25
order authorizing an officer of the peace to take the

HB5272
- 3 -
LRB104 18156 KTG 31595 b
1
respondent into custody and transport the respondent to a
2
mental health facility. The provisions of Section 3-605 shall
3
govern the transportation of the respondent to a mental health
4
facility, except to the extent that those provisions are
5
inconsistent with this Section. No person admitted to a
6
hospital pursuant to this subsection shall be detained for
7
longer than 24 hours, excluding Saturdays, Sundays, and
8
holidays, unless, within that period, a petition for
9
involuntary admission on an inpatient basis and a certificate
10
supporting such petition have been filed as provided in
11
Section 3-611.
12

(c) Alternative treatment shall not be ordered unless the
13
program being considered is capable of providing adequate and
14
humane treatment in the least restrictive setting which is
15
appropriate to the respondent's condition. The court shall
16
have continuing authority to modify an order for alternative
17
treatment if the recipient fails to comply with the order or is
18
otherwise found unsuitable for alternative treatment. Prior to
19
modifying such an order, the court shall receive a report from
20
the facility director of the program specifying why the
21
alternative treatment is unsuitable. The recipient shall be
22
notified and given an opportunity to respond when modification
23
of the order for alternative treatment is considered. If the
24
court determines that the respondent has violated the order
25
for alternative treatment in the community or that alternative
26
treatment in the community will no longer provide adequate

HB5272
- 4 -
LRB104 18156 KTG 31595 b
1
assurances for the safety of the respondent or others, the
2
court may revoke the order for alternative treatment in the
3
community and may order a peace officer to take the recipient
4
into custody and transport him to an inpatient mental health
5
facility. The provisions of Section 3-605 shall govern the
6
transportation of the respondent to a mental health facility,
7
except to the extent that those provisions are inconsistent
8
with this Section. No person admitted to a hospital pursuant
9
to this subsection shall be detained for longer than 24 hours,
10
excluding Saturdays, Sundays, and holidays, unless, within
11
that period, a petition for involuntary admission on an
12
inpatient basis and a certificate supporting such petition
13
have been filed as provided in Section 3-611.
14

(d) Noncompliance with an order placing the respondent in
15
the care and custody of a relative or other person willing and
16
able to properly care for him or her or committing the
17
respondent to alternative treatment at a community mental
18
health provider shall not be a basis for a finding of contempt.
19
(Source: P.A. 104-217, eff. 1-1-26
.)

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