In re Ellis

No. 3--96--0332
_________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 1996

IN THE MATTER OF VICKY L. ) Appeal from the Circuit Court
ELLIS ) for the 10th Judicial Circuit
) Peoria County, Illinois
(THE PEOPLE OF THE STATE OF )
ILLINOIS, )
)
Petitioner-Appellee, ) No. 96--MH--75
)
v. )
)
VICKY L. ELLIS, ) Honorable
) E. Michael O'Brien,
Respondent-Appellant). ) Judge Presiding
_________________________________________________________________

JUSTICE McCUSKEY delivered the opinion of the court:
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The respondent, Vicky L. Ellis, appeals from the judgment of
the circuit court of Peoria County finding her subject to
involuntary admission to a mental health facility and authorizing
the involuntary administration of psychotropic medication.
Following our careful review of the record, we find the State
failed to prove that the respondent was examined within 24 hours of
her admission pursuant to section 3--610 of the Mental Health and
Developmental Disabilities Code (Code) (405 ILCS 5/3--610 (West
1994)). As a result, we reverse.
FACTS
At 3 p.m. on March 12, 1996, an emergency room doctor at
Illinois Valley Hospital certified that the respondent was mentally
ill and could reasonably be expected to inflict harm upon herself.
The doctor's certificate said the respondent tried to kill herself
by cutting her right wrist and index finger. Based on this
certificate, the respondent was admitted to the Zeller Mental
Health Center (Zeller) the following day.
At 2:36 p.m. on March 13, 1996, a petition for involuntary
admission was filed in the office of the circuit clerk of Peoria
County. The petition included a psychologist's certificate that he
gave the respondent a copy of the petition at "1100", within 12
hours of her admission to Zeller. Because the petition was filed
at 2:36 p.m., we conclude that the a copy of the petition was given
to the respondent at 11 a.m.
Dr. Jayalakshmi Attaluri examined the respondent at noon on
March 14, 1996, and certified that the respondent was mentally ill
and in need of involuntary admission to a mental health facility.
ANALYSIS
Section 3--610 of the Code provides that if a person admitted
to a mental health facility by emergency certification is not
examined by a psychiatrist within 24 hours of admission, that
person "shall be released forthwith." (Emphasis added.) 405 ILCS
5/3--610 (West 1994). The Code's procedural safeguards are not
mere technicalities; they are essential tools to protect the
liberty interests of persons adjudged to be mentally ill. In re
Luttrell, 261 Ill. App. 3d 221, 230, 633 N.E.2d 74, 81 (1994).
These safeguards must be strictly construed in favor of the
respondent. In re La Touche, 247 Ill. App. 3d 615, 618, 617 N.E.2d 844, 846 (1993).
It is well-settled law that the 24-hour examination rule is a
bright line rule and failure to conduct an examination within 24
hours results in the release of the respondent. See In re
Rovelstad, 281 Ill. App. 3d 956, 965, 667 N.E.2d 720, 725 (1996);
In re Valentine, 201 Ill. App. 3d 10, 13-14, 558 N.E.2d 807, 809-10
(1990); see also La Touche, 247 Ill. App. 3d 615, 620, 617 N.E.2d 844, 847 (holding that the 24-hour deadline for filing a petition
for commitment is a bright line rule). The burden is upon the
State to affirmatively demonstrate that it has complied with the
mandates of the Code. Rovelstad, 281 Ill. App. 3d at 965, 667 N.E.2d at 725.
In the case at hand, the record shows that Dr. Attaluri's
examination of the respondent did not occur within 24 hours of the
respondent's admission to Zeller. The psychologist certified that
the respondent was given a copy of the petition for involuntary
commitment at 11 a.m. on March 13, within 12 hours of the
respondent's admission. The record also reflects that the doctor's
examination did not occur until noon on March 14. Because the
doctor's examination was at least one hour too late, the State has
failed to prove it complied with the requirements of the Code.
Accordingly, the judgment committing the respondent to the mental
health facility must be reversed.
While our decision concerning the untimely examination of the
respondent is dispositive of the case, we are compelled to note one
other apparent error on the part of the State. Section 3--
601(b)(2) of the Code provides that the petition for involuntary
admission must contain the names and addresses of the spouse,
parent, guardian, close relative or friend of the respondent. If
the petitioner cannot supply the names, then he or she must state
that a diligent inquiry has been made and must specify the steps
taken in that inquiry. 405 ILCS 5/3--601(b)(2) (West 1994).
The petition filed against the respondent does not list the
names and addresses required by the statute, nor does it contain a
statement of diligent inquiry. The State admits the respondent has
been previously hospitalized on approximately 20 occasions and that
the respondent's mother has maintained contact with Zeller. From
these facts, we can find no excuse for the State's failure to
comply with the requirements of section 3--601(b)(2).
CONCLUSION
In sum, for the reasons stated, the State failed to comply
with the 24-hour examination rule found in section 3--610 of the
Code. As a consequence, we reverse the respondent's involuntary
commitment. Because of our holding, we will not address the other
issues raised in this appeal.
Accordingly, the judgment of the circuit court of Peoria
County is reversed.
Reversed.
HOLDRIDGE, P.J., and MICHELA, J., concur.