MENTAL HEALTH-COURT ORDERS

Illinois General Assembly - Full Text of HB5329

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HB5329 - 104th General Assembly

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HB5329 Engrossed
LRB104 20662 KTG 34160 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 1-109,
6
1-129, 2-107, 2-107.1, 3-611, and 3-807 and by adding Section
7
1-103.5 as follows:

8

(405 ILCS 5/1-103.5 new)
9

Sec. 1-103.5.
Confinement.
"Confinement", with respect to
10
a mental health facility, means that an individual is
11
prevented or otherwise not permitted to leave the facility.

12

(405 ILCS 5/1-109)

(from Ch. 91 1/2, par. 1-109)
13

Sec. 1-109.
"Discharge" means the full
and physical

14
release of any person admitted or otherwise detained under
15
this Act from treatment, habilitation, or care and custody.
16
(Source: P.A. 80-1414.)

17

(405 ILCS 5/1-129)
18

Sec. 1-129.
Mental illness.
"Mental illness" means a
19
mental, or emotional disorder that substantially impairs a
20
person's thought, perception of reality, emotional process,
21
judgment, behavior, or ability to cope with the ordinary

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
demands of life, but does not include a developmental
2
disability,
a neurocognitive disorder

dementia or Alzheimer's
3
disease
absent psychosis, a substance use disorder, or an
4
abnormality manifested only by repeated criminal or otherwise
5
antisocial conduct.
6
(Source: P.A. 100-759, eff. 1-1-19
.)

7

(405 ILCS 5/2-107)

(from Ch. 91 1/2, par. 2-107)
8

Sec. 2-107.
Refusal of services; informing of risks.
9

(a) An adult recipient of services or the recipient's
10
guardian, if the recipient is under guardianship, and the
11
recipient's substitute decision maker, if any, must be
12
informed of the recipient's right to refuse medication or
13
electroconvulsive therapy. The recipient and the recipient's
14
guardian or substitute decision maker shall be given the
15
opportunity to refuse generally accepted mental health or
16
developmental disability services, including but not limited
17
to medication or electroconvulsive therapy. If such services
18
are refused, they shall not be given unless such services are
19
necessary to prevent the recipient from causing serious and
20
imminent physical harm to the recipient or others and no less
21
restrictive alternative is available. The facility director
22
shall inform a recipient, guardian, or substitute decision
23
maker, if any, who refuses such services of alternate services
24
available and the risks of such alternate services, as well as
25
the possible consequences to the recipient of refusal of such

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
services.
2

(b) Psychotropic medication or electroconvulsive therapy
3
may be administered under this Section for up to 24 hours only
4
if the circumstances leading up to the need for emergency
5
treatment are set forth in writing in the recipient's record.
6

(c) Administration of medication or electroconvulsive
7
therapy may not be continued unless the need for such
8
treatment is redetermined at least every 24 hours based upon a
9
personal examination of the recipient by a physician or a
10
nurse under the supervision of a physician and the
11
circumstances demonstrating that need are set forth in writing
12
in the recipient's record.
13

(d) Neither psychotropic medication nor electroconvulsive
14
therapy may be administered under this Section for a period in
15
excess of 72 hours, excluding Saturdays, Sundays, and
16
holidays, unless a petition is filed under Section 2-107.1 and
17
the treatment continues to be necessary under subsection (a)
18
of this Section. Once the petition has been filed, treatment
19
may continue in compliance with subsections (a), (b), and (c)
20
of this Section until the final outcome of the hearing on the
21
petition.
22

(e) The Department shall issue rules designed to
ensure

23
insure
that in State-operated mental health facilities
24
psychotropic medication and electroconvulsive therapy are
25
administered in accordance with this Section and only when
26
appropriately authorized and monitored by a physician or a

HB5329 Engrossed
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1
nurse under the supervision of a physician in accordance with
2
accepted medical practice. The facility director of each
3
mental health facility not operated by the State shall issue
4
rules designed to
ensure

insure
that in that facility
5
psychotropic medication and electroconvulsive therapy are
6
administered in accordance with this Section and only when
7
appropriately authorized and monitored by a physician or a
8
nurse under the supervision of a physician in accordance with
9
accepted medical practice. Such rules shall be available for
10
public inspection and copying during normal business hours.
11

(f) The provisions of this Section with respect to the
12
emergency administration of psychotropic medication and
13
electroconvulsive therapy do not apply to facilities licensed
14
under the Nursing Home Care Act, the Specialized Mental Health
15
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
16
the MC/DD Act.
17

(g) Under no circumstances may long-acting psychotropic
18
medications be administered under this Section.
19

(h) Whenever psychotropic medication or electroconvulsive
20
therapy is refused pursuant to subsection (a) of this Section
21
at least once that day, the physician
or advanced practice
22
psychiatric nurse
shall determine and state in writing the
23
reasons why the recipient did not meet the criteria for
24
administration of medication or electroconvulsive therapy
25
under subsection (a) and whether the recipient meets the
26
standard for administration of psychotropic medication or

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
electroconvulsive therapy under Section 2-107.1 of this Code.
2
If the physician
or advanced practice psychiatric nurse

3
determines that the recipient meets the standard for
4
administration of psychotropic medication or electroconvulsive
5
therapy under Section 2-107.1, the facility director or his or
6
her designee shall petition the court for administration of
7
psychotropic medication or electroconvulsive therapy pursuant
8
to that Section unless the facility director or his or her
9
designee states in writing in the recipient's record why the
10
filing of such a petition is not warranted. This subsection
11
(h) applies only to State-operated mental health facilities.
12

(i) The Department shall conduct annual trainings for all
13
physicians and registered nurses working in State-operated
14
mental health facilities on the appropriate use of emergency
15
administration of psychotropic medication and
16
electroconvulsive therapy, standards for their use, and the
17
methods of authorization under this Section.
18
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)

19

(405 ILCS 5/2-107.1)

(from Ch. 91 1/2, par. 2-107.1)
20

Sec. 2-107.1.
Administration of psychotropic medication
21
and electroconvulsive therapy upon application to a court.
22

(a) (Blank).
23

(a-5) Notwithstanding the provisions of Section 2-107 of
24
this Code, psychotropic medication and electroconvulsive
25
therapy may be administered to an adult recipient of services

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
on an inpatient or outpatient basis without the informed
2
consent of the recipient under the following standards:
3

(1) Any person 18 years of age or older, including any
4

guardian, may petition the circuit court for an order
5

authorizing the administration of psychotropic medication
6

and electroconvulsive therapy to a recipient of services.
7

The petition shall state that the petitioner has made a
8

good faith attempt to determine whether the recipient has
9

executed a power of attorney for health care under the
10

Powers of Attorney for Health Care Law or a declaration
11

for mental health treatment under the Mental Health
12

Treatment Preference Declaration Act and to obtain copies
13

of these instruments if they exist. If either of the
14

above-named instruments is available to the petitioner,
15

the instrument or a copy of the instrument shall be
16

attached to the petition as an exhibit. The petitioner
17

shall deliver a copy of the petition
,
and notice of the
18

time and place of the hearing
,
to the respondent, his or
19

her attorney, any known agent or attorney-in-fact, if any,
20

and the guardian, if any, no later than 3 days prior to the
21

date of the hearing. Service of the petition and notice of
22

the time and place of the hearing may be made
upon parties
23

other than the respondent
by transmitting them via
24

facsimile machine
or by operation of an electronic filing
25

manager service authorized by the Supreme Court. Service
26

of the petition and notice of the time and place of the

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

hearing upon a respondent may be accomplished by any one
2

of the following:
3

(A) Personal service.
4

(B) Handing a copy of the petition and notice to
5

the respondent together with a waiver of personal
6

service. The waiver may be returned to the party
7

delivering the petition and notice. If the party
8

delivering the petition and notice to the respondent
9

does not receive the waiver, the service must be by
10

personal service.
11

(C) If the respondent is confined to a mental
12

health facility, handing a copy of the petition and
13

notice to the respondent, provided the party
14

delivering the petition and notice to the respondent
15

files within 24 hours a verified statement naming the
16

party served and stating the means, place, date, and
17

time of service. If no verification of service is
18

filed before the matter is set for hearing, then
19

service must be made by personal service.

to the
20

respondent or other party. Upon receipt of the
21

petition and notice, the party served, or the person
22

delivering the petition and notice to the party
23

served, shall acknowledge service. If the party
24

sending the petition and notice does not receive
25

acknowledgement of service within 24 hours, service
26

must be made by personal service.

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

A petition requesting that the court authorize
2

treatment with psychotropic medication shall specify the
3

full names of the medications and anticipated range of
4

dosage that comprise such treatment. The petition also may
5

include a request that the court authorize alternative or
6

alternate treatments with psychotropic medications, but
7

only where the petition sets forth the psychotropic
8

medications and the anticipated range of dosages for each
9

alternative or alternate and each combination of
10

psychotropic medications that may be administered
11

simultaneously.

12

The petition may include a request that the court
13

authorize such testing and procedures as may be essential
14

for the safe and effective administration of the
15

psychotropic medication or electroconvulsive therapy
16

sought to be administered, but only where the petition
17

sets forth the specific testing and procedures sought to
18

be administered.
19

If a hearing is requested to be held immediately
20

following the hearing on a petition for involuntary
21

admission, then the notice requirement shall be the same
22

as that for the hearing on the petition for involuntary
23

admission, and the petition filed pursuant to this Section
24

shall be filed with the petition for involuntary
25

admission.
26

(2) The court shall hold a hearing within 7 days of the

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

filing of the petition. The People, the petitioner, or the
2

respondent shall be entitled to a continuance of up to 7
3

days as of right. An additional continuance of not more
4

than 7 days may be granted to any party (i) upon a showing
5

that the continuance is needed in order to adequately
6

prepare for or present evidence in a hearing under this
7

Section or (ii) under exceptional circumstances. The court
8

may grant an additional continuance not to exceed 21 days
9

when, in its discretion, the court determines that such a
10

continuance is necessary in order to provide the recipient
11

with an examination pursuant to Section 3-803 or 3-804 of
12

this Act, to provide the recipient with a trial by jury as
13

provided in Section 3-802 of this Act, or to arrange for
14

the substitution of counsel as provided for by the
15

Illinois Supreme Court Rules. The hearing shall be
16

separate from a judicial proceeding held to determine
17

whether a person is subject to involuntary admission but
18

may be heard immediately preceding or following such a
19

judicial proceeding and may be heard by the same trier of
20

fact or law as in that judicial proceeding.
21

(3) Unless otherwise provided herein, the procedures
22

set forth in Article VIII of Chapter III of this Act,
23

including the provisions regarding appointment of counsel,
24

shall govern hearings held under this subsection (a-5).
25

(4) Psychotropic medication and electroconvulsive
26

therapy may be administered to the recipient if and only

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

if it has been determined by clear and convincing evidence
2

that
:

all of the following factors are present. In
3

determining whether a person meets the criteria specified
4

in the following paragraphs (A) through (G), the court may
5

consider evidence of the person's history of serious
6

violence, repeated past pattern of specific behavior,
7

actions related to the person's illness, or past outcomes
8

of various treatment options.
9

(A)
That
the recipient has a serious mental
10

illness or developmental disability
;

.
11

(B)
That
because of said mental illness or
12

developmental disability, the recipient currently
13

exhibits any one of the following: (i) deterioration
14

of his or her ability to function, as compared to the
15

recipient's ability to function prior to the current
16

onset of symptoms of the mental illness or disability
17

for which treatment is presently sought, (ii)
18

suffering, or (iii) threatening behavior
;

.
19

(C)
That
the illness or disability has existed for
20

a period marked by the continuing presence of the
21

symptoms set forth in item (B) of this subdivision (4)
22

or the repeated episodic occurrence of these
23

symptoms
;

.
24

(D)
That
the benefits of the treatment outweigh
25

the harm
;

.
26

(E)
That
the recipient lacks the capacity to make

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

a reasoned decision about the treatment
;

.
2

(F)
That
other less restrictive services have been
3

explored and found inappropriate
; and

.
4

(G)
if

If
the petition seeks authorization for
5

testing and other procedures,
that
such testing and
6

procedures are essential for the safe and effective
7

administration of the treatment.
8

(4.5) In determining whether there is clear and
9

convincing evidence, the court may consider evidence
10

presented, if any, about a recipient's history of serious
11

violence, repeated past pattern of specific behavior
12

related to the recipient's illness, or outcomes of past
13

treatments.

14

(5) In no event shall an order issued under this
15

Section be effective for more than 90 days. A second
16

90-day period of involuntary treatment may be authorized
17

pursuant to a hearing that complies with the standards and
18

procedures of this subsection (a-5). Thereafter,
19

additional 180-day periods of involuntary treatment may be
20

authorized pursuant to the standards and procedures of
21

this Section without limit. If a new petition to authorize
22

the administration of psychotropic medication or
23

electroconvulsive therapy is filed at least 15 days prior
24

to the expiration of the prior order, and if any
25

continuance of the hearing is agreed to by the recipient,
26

the administration of the treatment may continue in

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1

accordance with the prior order pending the completion of
2

a hearing under this Section.
3

(6) An order issued under this subsection (a-5) shall
4

designate the persons authorized to administer the
5

treatment under the standards and procedures of this
6

subsection (a-5). Those persons shall have complete
7

discretion not to administer any treatment authorized
8

under this Section. The order shall also specify the
9

medications and the anticipated range of dosages that have
10

been authorized
and may include a list of any alternative
11

medications and range of dosages deemed necessary
.
In
12

addition, the order may authorize the administration of
13

any alternative or alternate treatment that is requested
14

in the petition and for which the court finds clear and
15

convincing evidence that the benefits of the alternative
16

or alternate treatment outweigh the harm and the recipient
17

lacks the capacity to make a reasoned decision about the
18

treatment. The medications and the anticipated range of
19

dosages for any alternative or alternate treatment that
20

the court authorizes shall be included in the order. Where
21

the simultaneous use of multiple psychotropic medications
22

is authorized, the order shall specify the combinations
23

that are authorized.

24

(a-10) The court may, in its discretion, appoint a
25
guardian ad litem for a recipient before the court or
26
authorize an existing guardian of the person to monitor

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
treatment and compliance with court orders under this Section.
2

(b) A guardian may be authorized to consent to the
3
administration of psychotropic medication or electroconvulsive
4
therapy to an objecting recipient only under the standards and
5
procedures of subsection (a-5).
6

(c) Notwithstanding any other provision of this Section, a
7
guardian may consent to the administration of psychotropic
8
medication or electroconvulsive therapy to a non-objecting
9
recipient under Article XIa of the Probate Act of 1975.
10

(d) Nothing in this Section shall prevent the
11
administration of psychotropic medication
or electroconvulsive
12
therapy
to recipients in an emergency under Section 2-107 of
13
this Act.
14

(e) Notwithstanding any of the provisions of this Section,
15
psychotropic medication or electroconvulsive therapy may be
16
administered pursuant to a power of attorney for health care
17
under the Powers of Attorney for Health Care Law or a
18
declaration for mental health treatment under the Mental
19
Health Treatment Preference Declaration Act over the objection
20
of the recipient if the recipient has not revoked the power of
21
attorney or declaration for mental health treatment as
22
provided in the relevant statute.
23

(f) The Department shall conduct annual trainings for
24
physicians and registered nurses working in State-operated
25
mental health facilities on the appropriate use of
26
psychotropic medication and electroconvulsive therapy,

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
standards for their use, and the preparation of court
2
petitions under this Section
before any such psychiatrists or
3
advanced practice psychiatric nurses may petition the court or
4
testify at a hearing under this Section
.
5
(Source: P.A. 100-710, eff. 8-3-18.)

6

(405 ILCS 5/3-611)

(from Ch. 91 1/2, par. 3-611)
7

Sec. 3-611.
Filing petition, first certificate, and proof
8
of service.

9

(a)
Within 24 hours, excluding Saturdays, Sundays and
10
holidays, after the respondent's admission under this Article,
11
the facility director of the facility shall file 2 copies of
12
the petition, the first certificate, and proof of service of
13
the petition and statement of rights upon the respondent with
14
the court in the county in which the facility is located.
15

(b)
Upon completion of the second certificate, the
16
facility director shall promptly file it with the court and
17
provide a copy to the respondent.
18

(c)
The facility director shall make copies of the
19
certificates available to the attorneys for the parties upon
20
request.
21

(d)
Upon the filing of the petition and first certificate,
22
the court shall set a hearing to be held within 5 days,
23
excluding Saturdays, Sundays and holidays, after receipt of
24
the petition. The court shall direct that notice of the time
25
and place of the hearing be served upon the respondent, his

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
responsible relatives, and the persons entitled to receive a
2
copy of the petition pursuant to Section 3-609.
3

(e) For purposes of this Section, (1) a respondent is
4
admitted to a mental health facility at the earlier of the
5
respondent's confinement or receipt of treatment and (2) a
6
respondent who is ordered discharged in accordance with
7
Section 3-809 or subsection (b) of Section 3-901, or
8
discharged upon notice by the facility director as provided by
9
subsection (a) of Section 3-903, remains admitted to a mental
10
health facility until the respondent is physically released
11
from the mental health facility and thereafter physically
12
enters a mental health facility.

13
(Source: P.A. 98-865, eff. 8-8-14.)

14

(405 ILCS 5/3-807)

(from Ch. 91 1/2, par. 3-807)
15

Sec. 3-807.
Testimony.

No respondent may be found subject
16
to involuntary admission on an inpatient or outpatient basis
17
unless at least one psychiatrist, clinical social worker,
18
clinical psychologist, advanced practice psychiatric nurse, or
19
qualified examiner who has examined the respondent testifies
20
in person at the hearing.
No administration of psychotropic
21
medication or electroconvulsive therapy without the informed
22
consent of the recipient may be authorized unless at least one
23
psychiatrist or advanced practice psychiatric nurse who has
24
examined the recipient testifies in person at the hearing.
The
25
respondent may waive the requirement of the testimony subject

HB5329 Engrossed
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LRB104 20662 KTG 34160 b
1
to the approval of the court.
2
(Source: P.A. 101-587, eff. 1-1-20
.)

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