Bill Amendment: IL SB3750 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MENTAL HEALTH-COURT ORDERS

Status: 2026-06-30 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB3750 Detail]

Download: Illinois-2025-SB3750-Senate_Amendment_003.html

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Sen. Laura Fine

Filed: 5/15/2026

 

 

 

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AMENDMENT TO SENATE BILL 3750
AMENDMENT NO. ______. Amend Senate Bill 3750, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-129,
2-107, 2-107.1, 3-611, 3-807, and 6-103 and by adding Sections
1-103.5 and 3-707 as follows:
(405 ILCS 5/1-103.5 new)
Sec. 1-103.5. Confinement. "Confinement", with respect to
a mental health facility, means that an individual is
prevented or otherwise not permitted to leave the facility.
(405 ILCS 5/1-129)
Sec. 1-129. Mental illness. "Mental illness" means a
mental, or emotional disorder that substantially impairs a

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person's thought, perception of reality, emotional process,
judgment, behavior, or ability to cope with the ordinary
demands of life, but does not include a developmental
disability, a neurocognitive disorder dementia or Alzheimer's
disease absent psychosis, a substance use disorder, or an
abnormality manifested only by repeated criminal or otherwise
antisocial conduct.
(Source: P.A. 100-759, eff. 1-1-19.)
(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services or the recipient's
guardian, if the recipient is under guardianship, and the
recipient's substitute decision maker, if any, must be
informed of the recipient's right to refuse medication or
electroconvulsive therapy. The recipient and the recipient's
guardian or substitute decision maker shall be given the
opportunity to refuse generally accepted mental health or
developmental disability services, including but not limited
to medication or electroconvulsive therapy. If such services
are refused, they shall not be given unless such services are
necessary to prevent the recipient from causing serious and
imminent physical harm to the recipient or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, guardian, or substitute decision
maker, if any, who refuses such services of alternate services

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available and the risks of such alternate services, as well as
the possible consequences to the recipient of refusal of such
services.
(b) Psychotropic medication or electroconvulsive therapy
may be administered under this Section for up to 24 hours only
if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
(c) Administration of medication or electroconvulsive
therapy may not be continued unless the need for such
treatment is redetermined at least every 24 hours based upon a
personal examination of the recipient by a physician or a
nurse under the supervision of a physician and the
circumstances demonstrating that need are set forth in writing
in the recipient's record.
(d) Neither psychotropic medication nor electroconvulsive
therapy may be administered under this Section for a period in
excess of 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition is filed under Section 2-107.1 and
the treatment continues to be necessary under subsection (a)
of this Section. Once the petition has been filed, treatment
may continue in compliance with subsections (a), (b), and (c)
of this Section until the final outcome of the hearing on the
petition.
(e) The Department shall issue rules designed to ensure
insure that in State-operated mental health facilities
psychotropic medication and electroconvulsive therapy are

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administered in accordance with this Section and only when
appropriately authorized and monitored by a physician or a
nurse under the supervision of a physician in accordance with
accepted medical practice. The facility director of each
mental health facility not operated by the State shall issue
rules designed to ensure insure that in that facility
psychotropic medication and electroconvulsive therapy are
administered in accordance with this Section and only when
appropriately authorized and monitored by a physician or a
nurse under the supervision of a physician in accordance with
accepted medical practice. Such rules shall be available for
public inspection and copying during normal business hours.
(f) The provisions of this Section with respect to the
emergency administration of psychotropic medication and
electroconvulsive therapy do not apply to facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act.
(g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
(h) Whenever psychotropic medication or electroconvulsive
therapy is refused pursuant to subsection (a) of this Section
at least once that day, the physician or advanced practice
psychiatric nurse shall determine and state in writing the
reasons why the recipient did not meet the criteria for
administration of medication or electroconvulsive therapy

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under subsection (a) and whether the recipient meets the
standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1 of this Code.
If the physician or advanced practice psychiatric nurse
determines that the recipient meets the standard for
administration of psychotropic medication or electroconvulsive
therapy under Section 2-107.1, the facility director or his or
her designee shall petition the court for administration of
psychotropic medication or electroconvulsive therapy pursuant
to that Section unless the facility director or his or her
designee states in writing in the recipient's record why the
filing of such a petition is not warranted. This subsection
(h) applies only to State-operated mental health facilities.
(i) The Department shall conduct annual trainings for all
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of emergency
administration of psychotropic medication and
electroconvulsive therapy, standards for their use, and the
methods of authorization under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of psychotropic medication
and electroconvulsive therapy upon application to a court.
(a) (Blank).
(a-5) Notwithstanding the provisions of Section 2-107 of

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this Code, psychotropic medication and electroconvulsive
therapy may be administered to an adult recipient of services
on an inpatient or outpatient basis without the informed
consent of the recipient under the following standards:
(1) Any person 18 years of age or older, including any
guardian, may petition the circuit court for an order
authorizing the administration of psychotropic medication
and electroconvulsive therapy to a recipient of services.
The petition shall state that the petitioner has made a
good faith attempt to determine whether the recipient has
executed a power of attorney for health care under the
Powers of Attorney for Health Care Law or a declaration
for mental health treatment under the Mental Health
Treatment Preference Declaration Act and to obtain copies
of these instruments if they exist. If either of the
above-named instruments is available to the petitioner,
the instrument or a copy of the instrument shall be
attached to the petition as an exhibit. The petitioner
shall deliver a copy of the petition, and notice of the
time and place of the hearing, to the respondent, his or
her attorney, any known agent or attorney-in-fact, if any,
and the guardian, if any, no later than 3 days prior to the
date of the hearing. Service of the petition and notice of
the time and place of the hearing may be made upon parties
other than the respondent by transmitting them via
facsimile machine, secure or encrypted electronic mail, or

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by operation of an electronic filing manager service
authorized by the Supreme Court. Service of the petition
and notice of the time and place of the hearing upon a
respondent may be accomplished by any one of the
following:
(A) In a manner authorized by Sections 2-202 and
2-203 of the Code of Civil Procedure.
(B) Handing a copy of the petition and notice to
the respondent together with a waiver of personal
service. The waiver may be returned to the party
delivering the petition and notice. If the party
delivering the petition and notice to the respondent
does not receive the waiver, the service must be by
personal service.
(C) If the respondent is confined to a mental
health facility, handing a copy of the petition and
notice to the respondent, provided the party
delivering the petition and notice to the respondent
files within 24 hours a certification naming the party
served and stating the means, place, date, and time of
service. The certification may be contained in the
body of the petition. If no certification of service
is filed before the matter is set for hearing, then
service must be made by personal service. to the
respondent or other party. Upon receipt of the
petition and notice, the party served, or the person

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delivering the petition and notice to the party
served, shall acknowledge service. If the party
sending the petition and notice does not receive
acknowledgement of service within 24 hours, service
must be made by personal service.
A petition seeking authorization for the
administration of psychotropic medication shall state the
name of each psychotropic medication for which
authorization is sought and the anticipated range of
dosages for each such medication.
A petition may also request authorization for
alternative or alternate psychotropic medications. Any
such request shall state the name of each alternative or
alternate psychotropic medication, the anticipated range
of dosages for each such medication, and any combinations
of medications that may be administered simultaneously.
The petition may set forth such combinations by
identifying specific medication-to-medication
combinations or by identifying therapeutic classifications
of specified medications and the combinations of such
classifications for which authorization is sought.
The information required under this subsection may
appear in the body of the petition or in an exhibit
attached to and expressly incorporated into the petition.
The petition may include a request that the court
authorize such testing and procedures as may be essential

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for the safe and effective administration of the
psychotropic medication or electroconvulsive therapy
sought to be administered, but only where the petition
sets forth the specific testing and procedures sought to
be administered.
If a hearing is requested to be held immediately
following the hearing on a petition for involuntary
admission, then the notice requirement shall be the same
as that for the hearing on the petition for involuntary
admission, and the petition filed pursuant to this Section
shall be filed with the petition for involuntary
admission.
(2) The court shall hold a hearing within 7 days of the
filing of the petition. The People, the petitioner, or the
respondent shall be entitled to a continuance of up to 7
days as of right. An additional continuance of not more
than 7 days may be granted to any party (i) upon a showing
that the continuance is needed in order to adequately
prepare for or present evidence in a hearing under this
Section or (ii) under exceptional circumstances. The court
may grant an additional continuance not to exceed 21 days
when, in its discretion, the court determines that such a
continuance is necessary in order to provide the recipient
with an examination pursuant to Section 3-803 or 3-804 of
this Act, to provide the recipient with a trial by jury as
provided in Section 3-802 of this Act, or to arrange for

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the substitution of counsel as provided for by the
Illinois Supreme Court Rules. The hearing shall be
separate from a judicial proceeding held to determine
whether a person is subject to involuntary admission but
may be heard immediately preceding or following such a
judicial proceeding and may be heard by the same trier of
fact or law as in that judicial proceeding.
(3) Unless otherwise provided herein, the procedures
set forth in Article VIII of Chapter III of this Act,
including the provisions regarding appointment of counsel,
shall govern hearings held under this subsection (a-5).
(4) Psychotropic medication and electroconvulsive
therapy may be administered to the recipient if and only
if it has been determined by clear and convincing evidence
that: all of the following factors are present. In
determining whether a person meets the criteria specified
in the following paragraphs (A) through (G), the court may
consider evidence of the person's history of serious
violence, repeated past pattern of specific behavior,
actions related to the person's illness, or past outcomes
of various treatment options.
(A) That the recipient has a serious mental
illness or developmental disability; .
(B) That because of said mental illness or
developmental disability, the recipient currently
exhibits any one of the following: (i) deterioration

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of his or her ability to function, as compared to the
recipient's ability to function prior to the current
onset of symptoms of the mental illness or disability
for which treatment is presently sought, (ii)
suffering, or (iii) threatening behavior; .
(C) That the illness or disability has existed for
a period marked by the continuing presence of the
symptoms set forth in item (B) of this subdivision (4)
or the repeated episodic occurrence of these
symptoms; .
(D) That the benefits of the treatment outweigh
the harm; .
(E) That the recipient lacks the capacity to make
a reasoned decision about the treatment; .
(F) That other less restrictive services have been
explored and found inappropriate; and .
(G) if If the petition seeks authorization for
testing and other procedures, that such testing and
procedures are essential for the safe and effective
administration of the treatment.
(4.5) In determining whether there is clear and
convincing evidence, the court may consider evidence
presented, if any, about a recipient's history of serious
violence, repeated past pattern of specific behavior or
singular actions related to the recipient's illness, or
outcomes of past treatments.

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(5) In no event shall an order issued under this
Section be effective for more than 90 days. A second
90-day period of involuntary treatment may be authorized
pursuant to a hearing that complies with the standards and
procedures of this subsection (a-5). Thereafter,
additional 180-day periods of involuntary treatment may be
authorized pursuant to the standards and procedures of
this Section without limit. If a new petition to authorize
the administration of psychotropic medication or
electroconvulsive therapy is filed at least 15 days prior
to the expiration of the prior order, and if any
continuance of the hearing is agreed to by the recipient,
the administration of the treatment may continue in
accordance with the prior order pending the completion of
a hearing under this Section.
(6) An order issued under this subsection (a-5) shall
designate the persons authorized to administer the
treatment under the standards and procedures of this
subsection (a-5). Those persons shall have complete
discretion not to administer any treatment authorized
under this Section. The order shall also specify the
medications and the anticipated range of dosages that have
been authorized and may include a list of any alternative
medications and range of dosages deemed necessary.
(a-10) The court may, in its discretion, appoint a
guardian ad litem for a recipient before the court or

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authorize an existing guardian of the person to monitor
treatment and compliance with court orders under this Section.
(b) A guardian may be authorized to consent to the
administration of psychotropic medication or electroconvulsive
therapy to an objecting recipient only under the standards and
procedures of subsection (a-5).
(c) Notwithstanding any other provision of this Section, a
guardian may consent to the administration of psychotropic
medication or electroconvulsive therapy to a non-objecting
recipient under Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the
administration of psychotropic medication or electroconvulsive
therapy to recipients in an emergency under Section 2-107 of
this Act.
(e) Notwithstanding any of the provisions of this Section,
psychotropic medication or electroconvulsive therapy may be
administered pursuant to a power of attorney for health care
under the Powers of Attorney for Health Care Law or a
declaration for mental health treatment under the Mental
Health Treatment Preference Declaration Act over the objection
of the recipient if the recipient has not revoked the power of
attorney or declaration for mental health treatment as
provided in the relevant statute.
(f) The Department shall conduct annual trainings for
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of

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psychotropic medication and electroconvulsive therapy,
standards for their use, and the preparation of court
petitions under this Section before any such psychiatrists or
advanced practice psychiatric nurses may petition the court or
testify at a hearing under this Section.
(Source: P.A. 100-710, eff. 8-3-18.)
(405 ILCS 5/3-611) (from Ch. 91 1/2, par. 3-611)
Sec. 3-611. Filing petition, first certificate, and proof
of service.
(a) Within 24 hours, excluding Saturdays, Sundays and
holidays, after the respondent's admission under this Article,
the facility director of the facility shall file 2 copies of
the petition, the first certificate, and proof of service of
the petition and statement of rights upon the respondent with
the court in the county in which the facility is located.
(b) Upon completion of the second certificate, the
facility director shall promptly file it with the court and
provide a copy to the respondent.
(c) The facility director shall make copies of the
certificates available to the attorneys for the parties upon
request.
(d) Upon the filing of the petition and first certificate,
the court shall set a hearing to be held within 5 days,
excluding Saturdays, Sundays and holidays, after receipt of
the petition. The court shall direct that notice of the time

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and place of the hearing be served upon the respondent, his
responsible relatives, and the persons entitled to receive a
copy of the petition pursuant to Section 3-609.
(e) For purposes of this Section, (1) a respondent is
admitted to a mental health facility upon the respondent's
confinement and (2) a respondent who is ordered discharged in
accordance with Section 3-809 or subsection (b) of Section
3-901, or discharged upon notice by the facility director as
provided by subsection (a) of Section 3-903, remains admitted
to a mental health facility until the respondent is physically
released from the mental health facility and thereafter
physically enters a mental health facility.
(Source: P.A. 98-865, eff. 8-8-14.)
(405 ILCS 5/3-707 new)
Sec. 3-707. Dismissal of petition; discharge of
respondent. If a petition alleging that the respondent is
subject to involuntary admission is voluntarily or
involuntarily dismissed prior to a hearing, the court shall
order that the respondent be physically released from
involuntary confinement at a mental health facility. The court
shall delay the effectiveness of such an order for 24 hours,
excluding Saturdays, Sundays, and holidays, to permit the
filing of a new petition under the requirements of Article VI,
upon a good-faith representation that the petitioner will file
a legally sufficient petition. The court may consider the

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circumstances, including the basis for the dismissal of the
prior petition, or the filing of successive petitions, in its
determination of good faith. Testimonial evidence shall not be
required except upon the court's request. This Section does
not preclude the respondent from seeking informal or voluntary
admission to a mental health facility nor the detention of the
respondent in accordance with the law of this State other than
this Act.
(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807)
Sec. 3-807. Testimony. No respondent may be found subject
to involuntary admission on an inpatient or outpatient basis
unless at least one psychiatrist, clinical social worker,
clinical psychologist, advanced practice psychiatric nurse, or
qualified examiner who has examined the respondent testifies
in person at the hearing. The respondent may waive the
requirement of the testimony subject to the approval of the
court.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
Sec. 6-103. (a) All persons acting in good faith and
without negligence in connection with the preparation of
applications, petitions, certificates or other documents, for
the apprehension, transportation, examination, treatment,
habilitation, detention or discharge of an individual or

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compliance with a court order for discharge under the
provisions of this Act incur no liability, civil or criminal,
by reason of such acts.
(b) There shall be no liability on the part of, and no
cause of action shall arise against, any person who is a
physician, clinical psychologist, advanced practice
psychiatric nurse, or qualified examiner based upon that
person's failure to warn of and protect from a recipient's
threatened or actual violent behavior except where the
recipient has communicated to the person a serious threat of
physical violence against a reasonably identifiable victim or
victims. Nothing in this Section shall relieve any employee or
director of any residential mental health or developmental
disabilities facility from any duty he may have to protect the
residents of such a facility from any other resident.
(c) Any duty which any person may owe to anyone other than
a resident of a mental health and developmental disabilities
facility shall be discharged by that person making a
reasonable effort to communicate the threat to the victim and
to a law enforcement agency, or by a reasonable effort to
obtain the hospitalization of the recipient.
(d) An act of omission or commission by a peace officer
acting in good faith in rendering emergency assistance or
otherwise enforcing this Code does not impose civil liability
on the peace officer or his or her supervisor or employer
unless the act is a result of willful or wanton misconduct.

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(Source: P.A. 104-270, eff. 8-15-25.)".