Bill Text: IL HB4234 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB4234 Detail]

Download: Illinois-2023-HB4234-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4234 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
405 ILCS 5/2-107.4
405 ILCS 5/Ch. III Art. I heading
405 ILCS 5/3-101 from Ch. 91 1/2, par. 3-101
405 ILCS 5/3-806.1
405 ILCS 5/3-814 from Ch. 91 1/2, par. 3-814
405 ILCS 5/3-902 from Ch. 91 1/2, par. 3-902
405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701
405 ILCS 5/5-113 from Ch. 91 1/2, par. 5-113
Amends the Mental Health and Developmental Disabilities Code. Provides that the Attorney General (rather than the State's Attorneys of the several counties) shall represent the people of the State of Illinois in court proceedings under the Act, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Changes references from "State's Attorney" to "Attorney General". Makes corresponding changes.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing the heading of
Article III Art. I and Sections 2-107.4, 3-101, 3-806.1,
3-814, 3-902, 4-701, and 5-113 as follows:
(405 ILCS 5/2-107.4)
Sec. 2-107.4. Video conferencing.
(a) The Illinois Supreme Court or any circuit court of
this State may adopt rules permitting the use of video
conferencing equipment in any hearing under Section 2-107.1
subject to the following conditions:
(1) if the parties, including the respondent, and
their attorneys, including the Attorney General State's
Attorney, are at a mental health facility, or some other
location to which the respondent may be safely and
conveniently transported, and the judge and any court
personnel are in another location; or
(2) if the respondent and his or her attorney are at a
mental health facility or some other location to which the
respondent may be safely and conveniently transported, and
all of the other participants including the judge are in

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another location, if, and only if, agreed to by the
respondent and the respondent's attorney.
(b) In any hearing under Section 2-107.1, any court may
permit any witness, including a psychiatrist, to testify by
video conferencing equipment from any location in the absence
of a court rule specifically prohibiting that testimony.
(Source: P.A. 99-535, eff. 1-1-17.)
(405 ILCS 5/Ch. III Art. I heading)
ARTICLE I. JURISDICTION; DUTIES OF THE ATTORNEY GENERAL
STATE'S ATTORNEY
(405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
Sec. 3-101. (a) The Attorney General State's Attorneys of
the several counties shall represent the people of the State
of Illinois in court proceedings under this Chapter and in
proceedings under Section 2-107.1 in their respective
counties, shall attend such proceedings either in person or by
assistant, and shall ensure that petitions, reports and orders
are properly prepared. Nothing herein contained shall prevent
any party, including any petitioner, from being represented by
his own counsel.
(b) Any community mental health provider or inpatient
mental health facility, including hospitals operated by the
Department, may be represented by counsel in court proceedings
under this Chapter if they are providing services or funding

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for services to the respondent, or if an order by the court
directing said entity to provide services or funding for
services to the respondent is being sought by any party.
(Source: P.A. 97-375, eff. 8-15-11.)
(405 ILCS 5/3-806.1)
Sec. 3-806.1. Video conferencing.
(a) Notwithstanding the provisions in Section 3-806, the
Illinois Supreme Court or any circuit court of this State may
adopt rules permitting the use of video conferencing equipment
in all hearings under this Chapter subject to the following
provisions:
(1) Such hearings are permitted if the parties,
including the respondent, and their lawyers, including the
Attorney General State's Attorney, are at a mental health
facility, or some other location to which the respondent
may be safely and conveniently transported, and the judge
and any court personnel are in another location.
(2) Such hearings are permitted if the respondent and
his or her counsel are at a mental health facility or some
other location to which the respondent may be safely and
conveniently transported, and all of the other
participants including the judge are in another location,
if, and only if, agreed to by the respondent and the
respondent's counsel.
(3) Video conferencing under this subsection (a) shall

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not be permitted in a jury trial under Section 3-802 of
this Article.
(b) Notwithstanding the above provisions, any court may
permit any witness, including a psychiatrist, to testify by
video conferencing equipment from any location in the absence
of a court rule specifically prohibiting such testimony.
(Source: P.A. 96-1321, eff. 1-1-11.)
(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
Sec. 3-814. Treatment plan.
(a) Not more than 30 days after admission under this
Article, the facility director shall file with the court a
current treatment plan which shall include: all the
requirements listed in Section 3-209, an evaluation of the
recipient's progress and the extent to which he is benefiting
from treatment, the criteria which form the basis for the
determination that the patient is subject to involuntary
admission as defined in Section 1-119, and the specific
behaviors or conditions that demonstrate that the recipient
meets these criteria for continued confinement. If the
facility director is unable to determine any of the required
information, the treatment plan shall include an explanation
of why the facility director is unable to make this
determination, what the facility director is doing to enable
himself or herself to determine the information, and the date
by which the facility director expects to be able to make this

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determination. The facility director shall forward a copy of
the plan to the Attorney General State's Attorney, the
recipient's attorney, if the recipient is represented by
counsel, the recipient, and any guardian of the recipient.
(b) The purpose of the filing, forwarding, and review of
treatment plans and treatment is to ensure that the recipient
is receiving adequate and humane care and services as defined
in Section 1-101.2 and to ensure that the recipient continues
to meet the standards for involuntary confinement.
(c) On request of the recipient or an interested person on
his behalf, or on the court's own initiative, the court shall
review the current treatment plan to determine whether its
contents comply with the requirements of this Section and
Section 3-209. A request to review the current treatment plan
may be made by the recipient, or by an interested person on his
behalf, 30 days after initial commitment under Section 3-813,
90 days after the initial commitment, and 90 days after each
additional period of commitment under subsection (b) of
Section 3-813. If the court determines that any of the
information required by this Section or Section 3-209 to be
included in the treatment plan is not in the treatment plan or
that the treatment plan does not contain information from
which the court can determine whether the recipient continues
to meet the criteria for continued confinement, the court
shall indicate what is lacking and order the facility director
to revise the current treatment plan to comply with this

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Section and Section 3-209. If the recipient has been ordered
committed to the facility after he has been found not guilty by
reason of insanity, the treatment plan and its review shall be
subject to the provisions of Section 5-2-4 of the Unified Code
of Corrections.
(d) The recipient or an interested person on his or her
behalf may request a hearing or the court on its own motion may
order a hearing to review the treatment being received by the
recipient. The court, the recipient, or the Attorney General
State's Attorney may call witnesses at the hearing. The court
may order any public agency, officer, or employee to render
such information, cooperation, and assistance as is within its
legal authority and as may be appropriate to achieve the
objectives of this Section. The court may order an independent
examination on its own initiative and shall order such an
evaluation if either the recipient or the Attorney General
State's Attorney so requests and has demonstrated to the court
that the plan cannot be effectively reviewed by the court
without such an examination. Under no circumstances shall the
court be required to order an independent examination pursuant
to this Section more than once each year. The examination
shall be conducted by persons authorized to conduct
independent examinations under Section 3-804. If the court is
satisfied that the recipient is benefiting from treatment, it
may continue the original order for the remainder of the
admission period. If the court is not so satisfied, it may

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modify its original order or it may order the recipient
discharged.
(e) In lieu of a treatment plan, the facility director may
file a typed summary of the treatment plan which contains the
information required under Section 3-209 and subsection (a) of
this Section.
(Source: P.A. 91-536, eff. 1-1-00.)
(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902)
Sec. 3-902. Director initiated discharge.
(a) The facility director may at any time discharge an
informal, voluntary, or minor recipient who is clinically
suitable for discharge.
(b) The facility director shall discharge a recipient
admitted upon court order under this Chapter or any prior
statute where he is no longer subject to involuntary admission
on an inpatient basis. If the facility director believes that
continuing treatment is advisable for such recipient, he shall
inform the recipient of his right to remain as an informal or
voluntary recipient. If the facility director determines that
the recipient is subject to involuntary admission on an
outpatient basis, he or she shall petition the court for such a
commitment pursuant to this Chapter.
(c) When a facility director discharges or changes the
status of a recipient pursuant to this Section he shall
promptly notify the clerk of the court which entered the

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original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the
action taken in the court record. If the person being
discharged is a person under legal disability, the facility
director shall also submit a certificate regarding his legal
status without disability pursuant to Section 3-907.
(d) When the facility director determines that discharge
is appropriate for a recipient pursuant to this Section or
Section 3-403 he or she shall notify the Attorney General
state's attorney of the county in which the recipient resided
immediately prior to his admission to a mental health facility
and the state's attorney of the county where the last petition
for commitment was filed at least 48 hours prior to the
discharge when the Attorney General either state's attorney
has requested in writing such notification on that individual
recipient or when the facility director regards a recipient as
a continuing threat to the peace and safety of the community.
Upon receipt of such notice, the Attorney General state's
attorney may take any court action or notify such peace
officers that he deems appropriate. When the facility director
determines that discharge is appropriate for a recipient
pursuant to this Section or Section 3-403, he or she shall
notify the person whose petition pursuant to Section 3-701
resulted in the current hospitalization of the recipient's
discharge at least 48 hours prior to the discharge, if the
petitioner has requested in writing such notification on that

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individual recipient.
(e) The facility director may grant a temporary release to
a recipient whose condition is not considered appropriate for
discharge where such release is considered to be clinically
appropriate, provided that the release does not endanger the
public safety.
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
96-1453, eff. 8-20-10.)
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701. (a) Any client admitted to a developmental
disabilities facility under this Chapter may be discharged
whenever the facility director determines that he is suitable
for discharge.
(b) Any client admitted to a facility or program of
nonresidential services upon court order under Article V of
this Chapter or admitted upon court order as a person with an
intellectual disability or as mentally deficient under any
prior statute shall be discharged whenever the facility
director determines that he no longer meets the standard for
judicial admission. When the facility director believes that
continued residence is advisable for such a client, he shall
inform the client and his guardian, if any, that the client may
remain at the facility on administrative admission status.
When a facility director discharges or changes the status of
such client, he shall promptly notify the clerk of the court

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who shall note the action in the court record.
(c) When the facility director discharges a client
pursuant to subsection (b) of this Section, he shall promptly
notify the Attorney General State's Attorney of the county in
which the client resided immediately prior to his admission to
a developmental disabilities facility. Upon receipt of such
notice, the Attorney General State's Attorney may notify such
peace officers that he deems appropriate.
(d) The facility director may grant a temporary release to
any client when such release is appropriate and consistent
with the habilitation needs of the client.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
(405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
Sec. 5-113. Upon receiving a petition for review under
Section 5-111, the Department shall thereupon notify the Board
of Reimbursement Appeals which shall render its decision
thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of
the Board is necessary in any such decision. Upon request of
the Department, the Attorney General State's Attorney of the
county in which a responsible relative or a recipient who is
liable under this Act for payment of sums representing
services charges resides, shall institute appropriate legal
action against any such responsible relative, or the
recipient, or within the time provided by law shall file a

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