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.
House Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with these exceptions: (1) deletes the amendatory changes to the provision of the Mental Health and Developmental Disabilities Code concerning the administration of psychotropic medication and electroconvulsive therapy upon application to a court; (2) provides that the circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis and provides that the provision is inoperative on and after January 1, 2030; (3) provides that unless the respondent is charged with a felony, an order of care and custody may grant the custodian the authority to admit a respondent to a hospital if the respondent fails to comply with the conditions of the order; (4) provides that noncompliance with an 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 shall not be a basis for a finding of contempt; and (5) makes amendatory changes to the Clerks of Courts Act to provide that not later than March 1, 2026, and March 1 of every year thereafter, the clerk of the circuit court shall submit to the Administrative Office of the Illinois Courts a report for the previous calendar year containing the total number of petitions filed asserting that a person is subject to involuntary admission on an outpatient basis pursuant to the Mental Health and Developmental Disabilities Code and provides that the provision is inoperative on and after January 1, 2030.
Statutes affected: Introduced: 405 ILCS 5/2, 405 ILCS 5/3
Engrossed: 405 ILCS 5/3, 705 ILCS 105/27