Bill Text: IL HB3893 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that a person 18 years of age or older may be subject to involuntary alcohol or substance abuse treatment by court order. Provides that no person shall be ordered to undergo involuntary alcohol or substance abuse treatment unless that person (i) suffers from alcohol or other substance abuse; (ii) presents an imminent threat of danger to self, family, or others as a result of alcohol or other substance abuse, or there exists a substantial likelihood of such a threat in the near future; and (iii) can reasonably benefit from treatment. Contains provisions concerning the rights of persons subject to involuntary treatment; forms; jurisdiction; petition requirements; court and medical examinations; emergency hospitalization; the consequences of failing to attend examinations; summons; hospitals and treatment facilities; and defined terms.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-06-04 - Added Co-Sponsor Rep. Sue Scherer [HB3893 Detail]

Download: Illinois-2015-HB3893-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3893 Introduced , by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED:
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Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that a person 18 years of age or older may be subject to involuntary alcohol or substance abuse treatment by court order. Provides that no person shall be ordered to undergo involuntary alcohol or substance abuse treatment unless that person (i) suffers from alcohol or other substance abuse; (ii) presents an imminent threat of danger to self, family, or others as a result of alcohol or other substance abuse, or there exists a substantial likelihood of such a threat in the near future; and (iii) can reasonably benefit from treatment. Contains provisions concerning the rights of persons subject to involuntary treatment; forms; jurisdiction; petition requirements; court and medical examinations; emergency hospitalization; the consequences of failing to attend examinations; summons; hospitals and treatment facilities; and defined terms.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by adding the heading of Article 26
and by adding Sections 26-1, 26-5, 26-10, 26-15, 26-20, 26-25,
26-30, 26-45, 26-50, 26-55, 26-60, 26-65, 26-70, 26-75, 26-80,
26-85, and 26-90 as follows:
(20 ILCS 301/Art. 26 heading new)
ARTICLE 26. INVOLUNTARY TREATMENT FOR ALCOHOL OR OTHER
SUBSTANCE ABUSE
(20 ILCS 301/26-1 new)
Sec. 26-1. Definitions. As used in this Article:
"Alcohol or other substance abuse" means a dysfunctional
use of alcohol or other drugs or both, characterized by one or
more of the following patterns of use:
(1) The continued use despite knowledge of having a
persistent or recurrent social, legal, occupational,
psychological, or physical problem that is caused or
exacerbated by use of alcohol or other drugs or both.
(2) Use in situations which are potentially physically
hazardous.

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(3) Loss of control over the use of alcohol or other
drugs or both.
(4) Use of alcohol or other drugs or both is
accompanied by symptoms of physiological dependence,
including pronounced withdrawal syndrome and tolerance of
body tissues to alcohol or other drugs or both.
"Mental health facility" means any licensed private
hospital, institution, or facility or section thereof, and any
facility, or section thereof, operated by the State or a
political subdivision thereof for the treatment of persons with
mental illness and includes all hospitals, institutions,
clinics, evaluation facilities, and mental health centers
which provide treatment for such persons.
"Person" or "respondent" means a person 18 years of age or
older for whom a court order for involuntary treatment for
alcohol or substance abuse is sought.
"Narcotic treatment program" means a substance abuse
program using approved controlled substances and offering a
range of treatment procedures and services for the
rehabilitation of persons dependent on opium, morphine,
heroin, or any derivative or synthetic drug of that group.
"Treatment" means inpatient services and programs for the
care and rehabilitation of intoxicated persons and persons
suffering from alcohol or other drug abuse. "Treatment"
includes those services provided by the Department and services
provided by a narcotic treatment program.

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(20 ILCS 301/26-5 new)
Sec. 26-5. Rights of persons subject to involuntary
treatment. Involuntary treatment ordered for a person
suffering from alcohol or other substance abuse shall follow
the procedures set forth in this Article. Except as otherwise
provided in this Article, all rights guaranteed to persons
subject to involuntary admission on an inpatient basis under
Articles I, II, VI, VII, VIII, and XI of Chapter III of the
Mental Health and Developmental Disabilities Code shall be
guaranteed to a person ordered to undergo involuntary treatment
for alcohol or other substance abuse.
(20 ILCS 301/26-10 new)
Sec. 26-10. Forms. The Department shall prescribe all forms
necessary for proceedings under this Article, and all forms
used in such proceedings shall comply substantially with the
forms so prescribed. The Department shall publish all forms in
electronic format and post the forms to its website.
(20 ILCS 301/26-15 new)
Sec. 26-15. Jurisdiction. The circuit court has
jurisdiction under this Article over persons subject to
involuntary treatment for alcohol or substance abuse.
Every petition, certificate, and proof of service required
by this Article shall be executed under penalty of perjury as

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though under oath or affirmation, but no acknowledgement is
required.
(20 ILCS 301/26-20 new)
Sec. 26-20. Involuntary treatment. A person 18 years of age
or older may be subject to involuntary alcohol or substance
abuse treatment by court order pursuant to this Article. No
person shall be ordered to undergo involuntary alcohol or
substance abuse treatment unless that person:
(1) suffers from alcohol or other substance abuse;
(2) presents an imminent threat of danger to self,
family, or others as a result of alcohol or other substance
abuse, or there exists a substantial likelihood of such a
threat in the near future; and
(3) can reasonably benefit from treatment.
(20 ILCS 301/26-25 new)
Sec. 26-25. Petition for involuntary treatment.
Proceedings for 60 days or 360 days of involuntary treatment
for a person suffering from alcohol or other substance abuse
shall be initiated by the filing of a petition. The petition
and all subsequent court documents shall be entitled: "In the
interest of (name of respondent)." Any spouse, relative, or
legal guardian 18 years of age or older may execute a petition
asserting that the person is subject to involuntary treatment
for alcohol or other substance abuse. The petition shall be

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prepared as required in Section 26-30 and shall be filed with
the circuit court in the county where the person resides or is
present.
(20 ILCS 301/26-30 new)
Sec. 26-30. Petition requirements.
A petition asserting that the respondent is subject to
involuntary treatment for alcohol or other drug abuse shall
include all of the following:
(1) A detailed statement of the reason for the
assertion that the respondent is subject to involuntary
treatment for alcohol or substance abuse, including the
signs and symptoms of alcohol or substance abuse and a
description of any acts, threats, or other behavior or
pattern of behavior supporting the assertion and the time
and place of their occurrence.
(2) The name and address of the spouse, relative, or
legal guardian, if any, or if none, the name and address of
any known friend of the respondent whom the petitioner has
reason to believe may know or have any of the other names
and addresses. If the petitioner is unable to supply any
such names and addresses, the petitioner shall state that
diligent inquiry was made to learn this information and
specify the steps taken.
(3) The petitioner's relationship to the respondent
and a statement as to whether the petitioner has a legal or

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financial interest in the matter or is involved in
litigation with the respondent. If the petitioner has a
legal or financial interest in the matter or is involved in
litigation with the respondent, a statement of why the
petitioner believes it would not be practicable or possible
for someone else to be the petitioner.
(4) The names, addresses, and phone numbers of the
witnesses by which the facts asserted may be proved.
Any petition filed pursuant to this Section shall be
accompanied by a guarantee, signed by the petitioner,
obligating that person to pay all costs for treatment of the
respondent for alcohol or other substance abuse that is ordered
by the court.
Knowingly making a material false statement in the petition
is a Class A misdemeanor.
(20 ILCS 301/26-45 new)
Sec. 26-45. Court and medical examinations.
(a) Upon receipt of the petition, the court shall examine
the petitioner under oath as to the contents of the petition.
(b) If, after reviewing the allegations contained in the
petition and examining the petitioner under oath, it appears to
the court that there is probable cause to believe the
respondent is subject to involuntary treatment for alcohol or
substance abuse on an inpatient basis, then the court shall:
(1) set a date for a hearing within 14 days to

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determine if there is probable cause to believe the
respondent should be subject to involuntary treatment for
alcohol or other substance abuse;
(2) notify the respondent, the respondent's legal
guardian, if any, the respondent's attorney, and the
respondent's spouse or relative concerning the allegations
and contents of the petition and the date and purpose of
the hearing; and
(3) cause the respondent to be examined no later than
24 hours before the hearing date by a physician and by a
clinical psychologist or a psychiatrist; the examining
physician and the examining clinical psychologist or
psychiatrist must determine whether the respondent is
subject to involuntary treatment for alcohol or other
substance abuse and shall submit a certificate of all
findings to the court within 24 hours of the examination.
(c) If, upon completion of the hearing, the court finds the
respondent is subject to involuntary treatment for alcohol or
other substance abuse, then the court shall order such
treatment for a period not to exceed 60 consecutive days from
the date of the court order or a period not to exceed 360
consecutive days from the date of the court order, whatever was
the period of time that was requested in the petition or
otherwise agreed to at the hearing. Failure of a respondent to
undergo treatment ordered pursuant to this subsection may place
the respondent in contempt of court.

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(d) If, at any time after the petition is filed, the court
finds that there is no probable cause to continue treatment or
if the petitioner withdraws the petition, then the proceedings
against the respondent shall be dismissed.
(20 ILCS 301/26-50 new)
Sec. 26-50. Emergency hospitalization.
(a) Following an examination by a physician and by a
clinical psychologist or a psychiatrist, and upon
certification by those examiners that the respondent meets the
criteria specified in Section 26-20, the court may order the
respondent hospitalized for a period not to exceed 72 hours if
the court finds, by clear and convincing evidence, that the
respondent presents an imminent threat of danger to self,
family, or others as a result of alcohol or other substance
abuse.
(b) Any person who has been admitted to a hospital pursuant
to subsection (a) shall be released from the hospital within 72
hours of admittance.
(c) No respondent ordered hospitalized under this Section
shall be held in jail pending transportation to the hospital or
evaluation unless the court has previously found the respondent
to be in contempt of court for either failure to undergo
treatment or failure to appear at the evaluation ordered
pursuant to Section 26-45.

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(20 ILCS 301/26-55 new)
Sec. 26-55. Failure to attend examinations; summons. When
the court is authorized to issue an order that the respondent
be transported to a hospital the court may issue a summons. If
the respondent fails to attend an examination scheduled before
the hearing provided for in Section 26-45 then the court shall
issue a summons. The summons shall be directed to the
respondent and shall command the respondent to appear at a time
and place therein specified. If a respondent who has been
summoned fails to appear at the hospital or the examination,
then the court may order the sheriff or other peace officer to
transport the respondent to a hospital or treatment facility as
designated by the Department. The sheriff or other peace
officer may, upon agreement of an individual authorized by the
peace officer, authorize the Department, a private agency on
contract with the Department, or an ambulance service provider
designated by the Department to transport the respondent to the
hospital or treatment facility. The transportation costs of the
sheriff, other peace officer, ambulance service, or other
private agency on contract with the Department shall be
included in the costs of treatment for alcohol or other
substance abuse to be paid by the petitioner.
(20 ILCS 301/26-60 new)
Sec. 26-60. Hospitals and treatment facilities. The
Department shall, on at least an annual basis, submit the

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following lists to the various circuit courts:
(1) A list of hospitals and treatment facilities in the
State which are able and willing to take respondents
ordered to undergo 72 hours of treatment and observation
pursuant to Section 26-50; and
(2) A list of hospitals and treatment providers in the
State who are able and willing to provide treatment for
alcohol or other substance abuse ordered pursuant to
Section 26-45 of this Act.
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INDEX
Statutes amended in order of appearance