2005 Illinois 405 ILCS 5/ Mental Health and Developmental Disabilities Code. Article IX - Discharge Restoration Transfer
(405 ILCS 5/Ch. III Art. IX heading) ARTICLE IX. DISCHARGE RESTORATION TRANSFER
(405 ILCS 5/3‑900)(from Ch. 91 1/2, par. 3‑900) Sec. 3‑900. (a) Any person hospitalized or admitted to alternative treatment
or care and custody as having mental illness on court order under this Chapter
or under any prior statute or any person on his behalf may file a petition for
discharge at any time in the court of the county where the recipient resides or
is found. (b) The petition shall set forth: (1) the name of the recipient; (2) the
underlying circumstances and date of the order; (3) a request for discharge
from the order; and (4) the reasons for such request. (Source: P.A. 88‑380.)
(405 ILCS 5/3‑901)(from Ch. 91 1/2, par. 3‑901) Sec. 3‑901. (a) Upon the filing of a petition under Section 3‑900 or
Section 3‑906, the court shall set the matter for hearing to be held within
5 days, excluding Saturdays, Sundays, and holidays. The court shall direct
that notice of the time and place of the hearing be given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate. (b) Article VIII of this Chapter applies to hearings held under this
Section. If the court finds that the recipient is not subject to involuntary
admission, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability. A copy of any order discharging the recipient shall be given
to the recipient and to the facility director. (c) If the court determines that the recipient continues to be subject to
involuntary admission, the court may continue or modify its original order in
accordance with this Act. Thereafter, no new petition for discharge may be
filed without leave of court. (Source: P.A. 88‑380.)
(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. 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. (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 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 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
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 state's attorney
may take any court action or notify such peace officers that he deems
appropriate. (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. 91‑726, eff. 6‑2‑00.)
(405 ILCS 5/3‑903)(from Ch. 91 1/2, par. 3‑903) Sec. 3‑903. (a) The facility director shall give written notice of discharge
from a Department mental health facility to the recipient, his attorney, and
guardian, if any, or in the case of a minor, to his attorney, to the parent,
guardian, or person in loco parentis who executed the application for
admission, to the resident school district when appropriate, and to the minor
if he is l2 years of age or older. The notice, except that to the school
district, shall include the reason for discharge and a statement of the right
to object. Whenever possible, this notice shall be given at least 7 days prior
to the date of intended discharge. (b) A recipient may object to his discharge or his attorney or guardian
may object on his behalf. In the case of a minor, his attorney, the person
who executed the application or the minor himself if he is 12 years of age
or older may object to the discharge. Prior to discharge a written objection
shall be submitted to the facility director of the mental health facility
where the recipient is located. Upon receipt of an objection, the facility
director shall promptly schedule a hearing to be held within 7 days at the
facility pursuant to Section 3‑207. No discharge shall proceed pending
hearing on an objection, unless the person objecting to the discharge consents
to discharge pending the outcome of the hearing. (c) At the hearing the Department shall have the burden of proving that
the recipient meets the standard for discharge under this Chapter and under
Section 15 of the Mental Health and Developmental Disabilities Administrative
Act. If the utilization review committee finds
that the Department sustained its burden and that the proposed discharge is
based upon substantial evidence, it shall recommend that the discharge proceed.
If the utilization review committee does not so find, it shall recommend that
the recipient not be discharged but it may recommend that the recipient be
transferred to another mental health facility which can provide treatment
appropriate to the clinical condition and needs of the recipient. It may
recommend that the Department or other agency assist the person in obtaining
such appropriate treatment. (Source: P.A. 88‑380; 89‑507, eff. 7‑1‑97.)
(405 ILCS 5/3‑904)(from Ch. 91 1/2, par. 3‑904) Sec. 3‑904. Any person with mental illness admitted to a facility or placed
in the care and custody of another person under any prior statute of this
State is subject to this Chapter and may be discharged in accordance with
its provisions. (Source: P.A. 88‑380.)
(405 ILCS 5/3‑905)(from Ch. 91 1/2, par. 3‑905) Sec. 3‑905. Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the court record. (Source: P.A. 83‑346.)
(405 ILCS 5/3‑906)(from Ch. 91 1/2, par. 3‑906) Sec. 3‑906. (a) Any person who has been adjudicated to be a person under
legal disability in any proceedings under any prior mental health statute of
this State or any person on his behalf may file at any time a petition for
modification of the guardianship order of the court or for restoration to legal
status without disability. The petition may be filed in the court which
adjudicated the person to be under legal disability or in the court of the
county where he resides or is present. The petition may be accompanied by a
certificate of a physician, qualified examiner, or clinical psychologist or by
a notice of discharge issued pursuant to this Chapter. The certificate shall
indicate the extent to which the recipient is capable of managing his person
and estate. If no certificate accompanies the petition, the court may appoint
a physician, qualified examiner, or clinical psychologist to examine the
recipient and prepare a certificate regarding his status without disability. (b) The procedures for conduct of hearings set forth in Article VIII of
this Chapter apply to hearings held under this Section. (Source: P.A. 88‑380.)
(405 ILCS 5/3‑907)(from Ch. 91 1/2, par. 3‑907) Sec. 3‑907. Any person who is under legal disability
solely by reason
of a court order adjudicating him mentally ill entered prior to January
1, 1964, shall be deemed to be a person under no legal disability 180
days from the effective
date of this Act unless, prior to that date, a hearing is held pursuant
to the provisions of the Probate Act of 1975, approved August 7, 1975, as
now or hereafter amended, and a guardian is appointed. (Source: P.A. 83‑706.)
(405 ILCS 5/3‑908)(from Ch. 91 1/2, par. 3‑908) Sec. 3‑908. The facility director of any Department facility may transfer
a recipient to another Department facility if he determines the transfer to be
clinically advisable and consistent with the treatment needs of the recipient. (Source: P.A. 88‑380.)
(405 ILCS 5/3‑909)(from Ch. 91 1/2, par. 3‑909) Sec. 3‑909. Alternative treatment. Any recipient hospitalized or admitted
to alternative treatment or care and custody under Article VIII of this Chapter
may at any time petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to the care and
custody of a different person. His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf. If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody. Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities. Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities. Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may be ordered
under this Section. An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. (Source: P.A. 91‑726, eff. 6‑2‑00.)
(405 ILCS 5/3‑910)(from Ch. 91 1/2, par. 3‑910) Sec. 3‑910. (a) Whenever a recipient who has been in a Department
facility for more than 7 days is to be transferred to another facility
under Section 3‑908, the facility director of the facility shall give
written notice at least 14 days before the transfer to the recipient, his
attorney, guardian, if any, and responsible relative. In the case of a
minor, notice shall be given to his attorney, to the parent, guardian,
or person in loco parentis who executed the application for his
admission, and to the minor himself if he is 12 years of age or older.
The notice shall include the reasons for transfer, a statement of the
right to object and the address and phone number of the Guardianship and
Advocacy Commission. If the recipient requests, the facility director shall
assist him in contacting the Commission. (b) In an emergency, when the health of the recipient or the physical
safety of the recipient or others is imminently imperiled and appropriate
care is not available where the recipient is located, a recipient may be
immediately transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48 hours after
transfer. The reason for the emergency shall be noted in the recipient's
record and specified in the notice. (c) A recipient may object to his transfer or his attorney, guardian,
or responsible relative may object on his behalf. In the case of a
minor, his attorney, the person who executed the application for
admission, or the minor himself if he is 12 years of age or older, may
object to the transfer. Prior to transfer or within 14 days after an
emergency transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is located. Upon
receipt of an objection, the facility director shall promptly schedule a
hearing to be held within 7 days pursuant to Section 3‑207. The hearing
shall be held at the transferring facility except that when an emergency
transfer has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed pending
hearing on an objection. (d) At the hearing the Department shall have the burden of proving
that the standard for transfer under Section 3‑908 is met. If the transfer
is to a facility which is substantially more physically restrictive than
the transferring facility, the Department shall also prove that the
transfer is reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department has sustained
its burden and the decision to transfer is based upon substantial evidence,
it shall recommend that the transfer proceed. If it does not so find, it
shall recommend that the recipient not be transferred. (Source: P.A. 88‑380.)
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