Bill Text: IL SB3129 | 2009-2010 | 96th General Assembly | Enrolled

---

Bill Title: Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2010-07-29 - Public Act . . . . . . . . . 96-1399 [SB3129 Detail]

Download: Illinois-2009-SB3129-Enrolled.html

---

SB3129 Enrolled LRB096 14618 KTG 29457 b
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 Sections 1-119, 3-600,
3-601, 3-602, 3-603, 3-606, 3-607, 3-610, 3-700, 3-701, 3-702,
3-703, 3-704, 3-801, 3-801.5, 3-802, 3-805, 3-807, 3-808,
3-809, 3-810, 3-811, 3-812, 3-813, 3-900, 3-901, and 3-902, by
changing the heading of Article VII of Chapter III, by adding
Section 1-119.1, and by adding Article VII-A to Chapter III as
follows:
(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission on an
inpatient basis" means:
(1) A person with mental illness and who because of his
or her illness is reasonably expected, unless treated on an
inpatient basis, to engage in conduct placing such person
or another in physical harm or in reasonable expectation of
being physically harmed dangerous conduct which may
include threatening behavior or conduct that places that
person or another individual in reasonable expectation of
being harmed;
(2) A person with mental illness and who because of his

SB3129 Enrolled - 2 - LRB096 14618 KTG 29457 b
or her illness is unable to provide for his or her basic
physical needs so as to guard himself or herself from
serious harm without the assistance of family or others,
unless treated on an inpatient basis outside help; or
(3) A person with mental illness who:
(i) refuses treatment or is not adhering
adequately to prescribed treatment;
(ii) because of the nature of his or her illness,
is unable to understand his or her need for treatment;
and
(iii) if not treated on an inpatient basis, is
reasonably expected, based on his or her behavioral
history, to suffer mental or emotional deterioration
and is reasonably expected, after such deterioration,
to meet the criteria of either paragraph (1) or
paragraph (2) of this Section. , because of the nature
of his or her illness, is unable to understand his or
her need for treatment and who, if not treated, is
reasonably expected to suffer or continue to suffer
mental deterioration or emotional deterioration, or
both, to the point that the person is reasonably
expected to engage in dangerous conduct.
In determining whether a person meets the criteria
specified in paragraph (1), (2), or (3), the court may consider
evidence of the person's repeated past pattern of specific
behavior and actions related to the person's illness.

SB3129 Enrolled - 3 - LRB096 14618 KTG 29457 b
(Source: P.A. 95-602, eff. 6-1-08.)
(405 ILCS 5/1-119.1 new)
Sec. 1-119.1. "Person subject to involuntary admission on
an outpatient basis" means:
(1) A person who would meet the criteria for admission
on an inpatient basis as specified in Section 1-119 in the
absence of treatment on an outpatient basis and for whom
treatment on an outpatient basis can only be reasonably
ensured by a court order mandating such treatment; or
(2) A person with a mental illness which, if left
untreated, is reasonably expected to result in an increase
in the symptoms caused by the illness to the point that the
person would meet the criteria for commitment under Section
1-119, and whose mental illness has, on more than one
occasion in the past, caused that person to refuse needed
and appropriate mental health services in the community.
(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600)
Sec. 3-600. A person 18 years of age or older who is
subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization may be admitted to a mental
health facility pursuant to this Article.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)

SB3129 Enrolled - 4 - LRB096 14618 KTG 29457 b
Sec. 3-601. Involuntary admission; petition.
(a) When a person is asserted to be subject to involuntary
admission on an inpatient basis and in such a condition that
immediate hospitalization is necessary for the protection of
such person or others from physical harm, any person 18 years
of age or older may present a petition to the facility director
of a mental health facility in the county where the respondent
resides or is present. The petition may be prepared by the
facility director of the facility.
(b) The petition shall include all of the following:
1. A detailed statement of the reason for the assertion
that the respondent is subject to involuntary admission on
an inpatient basis, including the signs and symptoms of a
mental illness 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, parent,
guardian, substitute decision maker, if any, and close
relative, 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

SB3129 Enrolled - 5 - LRB096 14618 KTG 29457 b
a statement as to whether the petitioner has legal or
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.
(c) Knowingly making a material false statement in the
petition is a Class A misdemeanor.
(Source: P.A. 91-726, eff. 6-2-00; 92-651, eff. 7-11-02.)
(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
Sec. 3-602. The petition shall be accompanied by a
certificate executed by a physician, qualified examiner,
psychiatrist, or clinical psychologist which states that the
respondent is subject to involuntary admission on an inpatient
basis and requires immediate hospitalization. The certificate
shall indicate that the physician, qualified examiner,
psychiatrist, or clinical psychologist personally examined the
respondent not more than 72 hours prior to admission. It shall
also contain the physician's, qualified examiner's,
psychiatrist's, or clinical psychologist's clinical
observations, other factual information relied upon in
reaching a diagnosis, and a statement as to whether the

SB3129 Enrolled - 6 - LRB096 14618 KTG 29457 b
respondent was advised of his rights under Section 3-208.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603. (a) If no physician, qualified examiner,
psychiatrist, or clinical psychologist is immediately
available or it is not possible after a diligent effort to
obtain the certificate provided for in Section 3-602, the
respondent may be detained for examination in a mental health
facility upon presentation of the petition alone pending the
obtaining of such a certificate.
(b) In such instance the petition shall conform to the
requirements of Section 3-601 and further specify that:
1. the petitioner believes, as a result of his personal
observation, that the respondent is subject to involuntary
admission on an inpatient basis;
2. a diligent effort was made to obtain a certificate;
3. no physician, qualified examiner, psychiatrist, or
clinical psychologist could be found who has examined or
could examine the respondent; and
4. a diligent effort has been made to convince the
respondent to appear voluntarily for examination by a
physician, qualified examiner, psychiatrist, or clinical
psychologist, unless the petitioner reasonably believes
that effort would impose a risk of harm to the respondent
or others.

SB3129 Enrolled - 7 - LRB096 14618 KTG 29457 b
(Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16,
eff. 6-28-01.)
(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)
Sec. 3-606. A peace officer may take a person into custody
and transport him to a mental health facility when the peace
officer has reasonable grounds to believe that the person is
subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization to protect such person or
others from physical harm. Upon arrival at the facility, the
peace officer may complete the petition under Section 3-601. If
the petition is not completed by the peace officer transporting
the person, the transporting officer's name, badge number, and
employer shall be included in the petition as a potential
witness as provided in Section 3-601 of this Chapter.
(Source: P.A. 94-202, eff. 7-12-05.)
(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
Sec. 3-607. Court ordered temporary detention and
examination. When, as a result of personal observation and
testimony in open court, any court has reasonable grounds to
believe that a person appearing before it is subject to
involuntary admission on an inpatient basis and in need of
immediate hospitalization to protect such person or others from
physical harm, the court may enter an order for the temporary
detention and examination of such person. The order shall set

SB3129 Enrolled - 8 - LRB096 14618 KTG 29457 b
forth in detail the facts which are the basis for its
conclusion. The court may order a peace officer to take the
person into custody and transport him to a mental health
facility. The person may be detained for examination for no
more than 24 hours to determine whether or not she or he is
subject to involuntary admission and in need of immediate
hospitalization. If a petition and certificate, as provided in
this Article, are executed within the 24 hours, the person may
be admitted provided that the certificate states that the
person is both subject to involuntary admission and in need of
immediate hospitalization. If the certificate states that the
person is subject to involuntary admission but not in need of
immediate hospitalization, the person may remain in his or her
place of residence pending a hearing on the petition unless he
or she voluntarily agrees to inpatient treatment. The and the
provisions of this Article shall apply to all petitions and
certificates executed pursuant to this Section. If no petition
or certificate is executed, the person shall be released.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
Sec. 3-610. As soon as possible but not later than 24
hours, excluding Saturdays, Sundays and holidays, after
admission of a respondent pursuant to this Article, the
respondent shall be examined by a psychiatrist. The
psychiatrist may be a member of the staff of the facility but

SB3129 Enrolled - 9 - LRB096 14618 KTG 29457 b
shall not be the person who executed the first certificate. If
a certificate has already been completed by a psychiatrist
following the respondent's admission, the respondent shall be
examined by another psychiatrist or by a physician, clinical
psychologist, or qualified examiner. If, as a result of this
second examination, a certificate is executed, the certificate
shall be promptly filed with the court. If the certificate
states that the respondent is subject to involuntary admission
but not in need of immediate hospitalization, the respondent
may remain in his or her place of residence pending a hearing
on the petition unless he or she voluntarily agrees to
inpatient treatment. If the respondent is not examined or if
the psychiatrist, physician, clinical psychologist, or
qualified examiner does not execute a certificate pursuant to
Section 3-602, the respondent shall be released forthwith.
(Source: P.A. 80-1414.)
(405 ILCS 5/Ch. III Art. VII heading)
ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER
(405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)
Sec. 3-700. A person 18 years of age or older who is
subject to involuntary admission on an inpatient basis may be
admitted to an inpatient a mental health facility upon court
order pursuant to this Article.
(Source: P.A. 80-1414.)

SB3129 Enrolled - 10 - LRB096 14618 KTG 29457 b
(405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)
Sec. 3-701. (a) Any person 18 years of age or older may
execute a petition asserting that another person is subject to
involuntary admission on an inpatient basis. The petition shall
be prepared pursuant to paragraph (b) of Section 3-601 and
shall be filed with the court in the county where the
respondent resides or is present.
(b) The court may inquire of the petitioner whether there
are reasonable grounds to believe that the facts stated in the
petition are true and whether the respondent is subject to
involuntary admission. The inquiry may proceed without notice
to the respondent only if the petitioner alleges facts showing
that an emergency exists such that immediate hospitalization is
necessary and the petitioner testifies before the court as to
the factual basis for the allegations.
(c) A petition for involuntary admission on an inpatient
basis may be combined with or accompanied by a petition for
involuntary admission on an outpatient basis under Article
VII-A.
(Source: P.A. 91-837, eff. 6-16-00.)
(405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
Sec. 3-702. (a) The petition may be accompanied by the
certificate of a physician, qualified examiner, psychiatrist,
or clinical psychologist which certifies that the respondent is

SB3129 Enrolled - 11 - LRB096 14618 KTG 29457 b
subject to involuntary admission on an inpatient basis and
which contains the other information specified in Section
3-602.
(b) Upon receipt of the petition either with or without a
certificate, if the court finds the documents are in order, it
may make such orders pursuant to Section 3-703 as are necessary
to provide for examination of the respondent. If the petition
is not accompanied by 2 certificates executed pursuant to
Section 3-703, the court may order the respondent to present
himself for examination at a time and place designated by the
court. If the petition is accompanied by 2 certificates
executed pursuant to Section 3-703 and the court finds the
documents are in order, it shall set the matter for hearing.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
Sec. 3-703. If no certificate was filed, the respondent
shall be examined separately by a physician, or clinical
psychologist, or qualified examiner and by a psychiatrist. If a
certificate executed by a psychiatrist was filed, the
respondent shall be examined by a physician, clinical
psychologist, qualified examiner, or psychiatrist. If a
certificate executed by a qualified examiner, clinical
psychologist, or a physician who is not a psychiatrist was
filed, the respondent shall be examined by a psychiatrist. The
examining physician, clinical psychologist, qualified examiner

SB3129 Enrolled - 12 - LRB096 14618 KTG 29457 b
or psychiatrist may interview by telephone or in person any
witnesses or other persons listed in the petition for
involuntary admission. If, as a result of an examination, a
certificate is executed, the certificate shall be promptly
filed with the court. If a certificate is executed, the
examining physician, clinical psychologist, qualified examiner
or psychiatrist may also submit for filing with the court a
report in which his findings are described in detail, and may
rely upon such findings for his opinion that the respondent is
subject to involuntary admission on an inpatient basis. Copies
of the certificates shall be made available to the attorneys
for the parties upon request prior to the hearing. A
certificate prepared in compliance with this Article shall
state whether or not the respondent is in need of immediate
hospitalization. However, if both the certificates state that
the respondent is not in need of immediate hospitalization, the
respondent may remain in his or her place of residence pending
a hearing on the petition unless he or she voluntarily agrees
to inpatient treatment.
(Source: P.A. 85-558.)
(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
Sec. 3-704. Examination; detention.
(a) The respondent shall be permitted to remain in his or
her place of residence pending any examination. The respondent
may be accompanied by one or more of his or her relatives or

SB3129 Enrolled - 13 - LRB096 14618 KTG 29457 b
friends or by his or her attorney to the place of examination.
If, however, the court finds that it is necessary in order to
complete the examination the court may order that the person be
admitted to a mental health facility pending examination and
may order a peace officer or other person to transport the
person there. The examination shall be conducted at a local
mental health facility or hospital or, if possible, in the
respondent's own place of residence. No person may be detained
for examination under this Section for more than 24 hours. The
person shall be released upon completion of the examination
unless the physician, qualified examiner or clinical
psychologist executes a certificate stating that the person is
subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization to protect such person or
others from physical harm. Upon admission under this Section
treatment may be given pursuant to Section 3-608.
(a-5) Whenever a respondent has been transported to a
mental health facility for an examination, the admitting
facility shall inquire, upon the respondent's arrival, whether
the respondent wishes any person or persons to be notified of
his or her detention at that facility. If the respondent does
wish to have any person or persons notified of his or her
detention at the facility, the facility must promptly make all
reasonable attempts to locate the individual identified by the
respondent, or at least 2 individuals identified by the
respondent if more than one has been identified, and notify

SB3129 Enrolled - 14 - LRB096 14618 KTG 29457 b
them of the respondent's detention at the facility for a
mandatory examination pursuant to court order.
(b) Not later than 24 hours, excluding Saturdays, Sundays,
and holidays, after admission under this Section, the
respondent shall be asked if he desires the petition and the
notice required under Section 3-206 sent to any other persons
and at least 2 such persons designated by the respondent shall
be sent the documents. At the time of his admission the
respondent shall be allowed to complete not fewer than 2
telephone calls to such persons as he chooses.
(Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 92-16,
eff. 6-28-01.)
(405 ILCS 5/Ch. III Art. VII-A heading new)
ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER
(405 ILCS 5/3-750 new)
Sec. 3-750. Involuntary admission on an outpatient basis. A
person 18 years of age or older who is subject to involuntary
admission on an outpatient basis may receive alternative
treatment in the community or may be placed in the care and
custody of a relative or other person upon court order pursuant
to this Article.
(405 ILCS 5/3-751 new)
Sec. 3-751. Involuntary admission; petition.

SB3129 Enrolled - 15 - LRB096 14618 KTG 29457 b
(a) Any person 18 years of age or older may execute a
petition asserting that another person is subject to
involuntary admission on an outpatient basis. The petition
shall be prepared pursuant to paragraph (b) of Section 3-601
and shall be filed with the court in the county where the
respondent resides or is present.
(b) The court may inquire of the petitioner whether there
are reasonable grounds to believe that the facts stated in the
petition are true and whether the respondent is subject to
involuntary admission on an outpatient basis.
(c) A petition for involuntary admission on an outpatient
basis may be combined with or accompanied by a petition for
involuntary admission on an inpatient basis under Article VII.
(405 ILCS 5/3-752 new)
Sec. 3-752. Certificate.
(a) The petition may be accompanied by the certificate of a
physician, qualified examiner, psychiatrist, or clinical
psychologist which certifies that the respondent is subject to
involuntary admission on an outpatient basis. The certificate
shall indicate that the physician, qualified examiner, or
clinical psychologist personally examined the respondent not
more than 72 hours prior to the completion of the certificate.
It shall also contain the physician's, qualified examiner's, or
clinical psychologist's clinical observations, other factual
information relied upon in reaching a diagnosis, and a

SB3129 Enrolled - 16 - LRB096 14618 KTG 29457 b
statement as to whether the respondent was advised of his or
her rights under Section 3-208.
(b) Upon receipt of the petition either with or without a
certificate, if the court finds the documents are in order, it
may make such orders pursuant to Section 3-753 as are necessary
to provide for examination of the respondent. If the petition
is not accompanied by 2 certificates executed pursuant to
Section 3-753, the court may order the respondent to present
himself or herself for examination at a time and place
designated by the court. If the petition is accompanied by 2
certificates executed pursuant to Section 3-753 and the court
finds the documents are in order, the court shall set the
matter for hearing.
(405 ILCS 5/3-753 new)
Sec. 3-753. Examination. If no certificate was filed, the
respondent shall be examined separately by a physician, or
clinical psychologist or qualified examiner and by a
psychiatrist. If a certificate executed by a psychiatrist was
filed, the respondent shall be examined by a physician,
clinical psychologist, qualified examiner, or psychiatrist. If
a certificate executed by a qualified examiner, clinical
psychologist, or a physician who is not a psychiatrist was
filed, the respondent shall be examined by a psychiatrist. The
examining physician, clinical psychologist, qualified examiner
or psychiatrist may interview by telephone or in person any

SB3129 Enrolled - 17 - LRB096 14618 KTG 29457 b
witnesses or other persons listed in the petition for
involuntary admission. If, as a result of an examination, a
certificate is executed, the certificate shall be promptly
filed with the court. If a certificate is executed, the
examining physician, clinical psychologist, qualified examiner
or psychiatrist may also submit for filing with the court a
report in which his or her findings are described in detail,
and may rely upon such findings for his opinion that the
respondent is subject to involuntary admission. Copies of the
certificates shall be made available to the attorneys for the
parties upon request prior to the hearing.
(405 ILCS 5/3-754 new)
Sec. 3-754. Detention.
(a) The respondent shall be permitted to remain in his or
her place of residence pending any examination. The respondent
may be accompanied by one or more of his or her relatives or
friends or by his or her attorney to the place of examination.
If, however, the respondent refuses to cooperate with an
examination on an outpatient basis, the court may order that
the person be admitted to a mental health facility solely for
the purpose of such examination and may order a peace officer
or other person to transport the person there. The examination
shall be conducted at a local mental health facility or
hospital or, if possible, in the respondent's own place of
residence. No person may be detained for examination under this

SB3129 Enrolled - 18 - LRB096 14618 KTG 29457 b
Section for more than 24 hours. The person shall be released
upon completion of the examination unless the physician,
qualified examiner or clinical psychologist executes a
certificate stating that the person is subject to involuntary
admission on an inpatient basis and in need of immediate
hospitalization to protect such person or others from physical
harm and a petition is filed pursuant to Section 3-701. Upon
admission under this Section, treatment may be given pursuant
to Section 3-608. If the respondent is admitted on an inpatient
basis, the facility shall proceed pursuant to Article VII.
(b) Whenever a respondent has been transported to a mental
health facility for an examination, the admitting facility
shall inquire, upon the respondent's arrival, whether the
respondent wishes any person or persons to be notified of his
or her detention at that facility. If the respondent does wish
to have any person or persons notified of his or her detention
at the facility, the facility must promptly make all reasonable
attempts to locate the individual identified by the respondent,
or at least 2 individuals identified by the respondent if more
than one has been identified, and notify them of the
respondent's detention at the facility for a mandatory
examination pursuant to court order.
(405 ILCS 5/3-755 new)
Sec. 3-755. Notice. At least 36 hours before the time of
the examination fixed by the court, a copy of the petition, the

SB3129 Enrolled - 19 - LRB096 14618 KTG 29457 b
order for examination, and a statement of rights as provided in
Section 3-205 shall be personally delivered to the person and
shall be given personally or sent by mail to his or her
attorney and guardian, if any. If the respondent is admitted to
a mental health facility for examination under Section 3-754,
such notices may be delivered at the time of service of the
order for admission.
(405 ILCS 5/3-756 new)
Sec. 3-756. Court hearing. The court shall set a hearing to
be held within 15 days, excluding Saturdays, Sundays, and
holidays, after its receipt of the second certificate. The
court shall direct that notice of the time and place of hearing
be served upon the respondent, his or her attorney, and
guardian, if any, and his or her responsible relatives. The
respondent may remain at his residence pending the hearing. If,
however, the court finds it necessary, it may order a peace
officer or another person to have the respondent before the
court at the time and place set for hearing.
(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
Sec. 3-801. A respondent may request admission as an
informal or voluntary recipient at any time prior to an
adjudication that he is subject to involuntary admission on an
inpatient or outpatient basis. The facility director shall
approve such a request unless the facility director determines

SB3129 Enrolled - 20 - LRB096 14618 KTG 29457 b
that the respondent lacks the capacity to consent to informal
or voluntary admission or that informal or voluntary admission
is clinically inappropriate. The director shall not find that
voluntary admission is clinically inappropriate in the absence
of a documented history of the respondent's illness and
treatment demonstrating that the respondent is unlikely to
continue to receive needed treatment following release from
informal or voluntary admission and that an order for
involuntary admission on an outpatient basis alternative
treatment or for care and custody is necessary in order to
ensure continuity of treatment outside a mental health
facility.
If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her
right to object thereto, if the petitioner has requested such
notification on that individual recipient. The court may
dismiss the pending proceedings, but shall consider any
objection made by either the petitioner or the State's Attorney
and may require proof that such dismissal is in the best
interest of the respondent and of the public. If voluntary
admission is accepted and the petition is dismissed by the
court, notice shall be provided to the petitioner, orally and
in writing, of his or her right to receive notice of the
recipient's discharge pursuant to Section 3-902(d).
(Source: P.A. 96-570, eff. 1-1-10.)

SB3129 Enrolled - 21 - LRB096 14618 KTG 29457 b
(405 ILCS 5/3-801.5)
Sec. 3-801.5. Agreed order for admission on an outpatient
basis alternative treatment or care and custody.
(a) At any time before the conclusion of the hearing and
the entry of the court's findings, a respondent may enter into
an agreement to be subject to an order for admission on an
outpatient basis alternative treatment or care and custody as
provided for in Sections 3-811, 3-812, 3-813, and 3-815 of this
Code, provided that:
(1) The court and the parties have been presented with
a written report pursuant to Section 3-810 of this Code
containing a recommendation for court-ordered admission on
an outpatient basis alternative treatment or care and
custody and setting forth in detail the conditions for such
an order, and the court is satisfied that the proposal for
admission on an outpatient basis alternative treatment or
care and custody is in the best interest of the respondent
and of the public.
(2) The court advises the respondent of the conditions
of the proposed order in open court and is satisfied that
the respondent understands and agrees to the conditions of
the proposed order for admission on an outpatient basis
alternative treatment or care and custody.
(3) The proposed custodian is advised of the
recommendation for care and custody and agrees to abide by
the terms of the proposed order.

SB3129 Enrolled - 22 - LRB096 14618 KTG 29457 b
(4) No such order may require the respondent to be
hospitalized except as provided in subsection (b) of this
Section.
(5) No order may include as one of its conditions the
administration of psychotropic medication, unless the
court determines, based on the documented history of the
respondent's treatment and illness, that the respondent is
unlikely to continue to receive needed psychotropic
medication in the absence of such an order.
(b) An agreed order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a
respondent to a hospital if the respondent fails to comply with
the conditions of the agreed order. If necessary in order to
obtain the hospitalization of the respondent, the custodian may
apply to the court for an order authorizing an officer of the
peace to take the respondent into custody and transport the
respondent to the hospital specified in the agreed order. The
provisions of Section 3-605 of this Code shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. However, a person admitted to a hospital
pursuant to powers granted under an agreed order for care and
custody shall be treated as a voluntary recipient pursuant to
Article IV of this Chapter and shall be advised immediately of
his or her right to request a discharge pursuant to Section
3-403 of this Code.

SB3129 Enrolled - 23 - LRB096 14618 KTG 29457 b
(c) If the court has appointed counsel for the respondent
pursuant to Section 3-805 of this Code, that appointment shall
continue for the duration of any order entered under this
Section, and the respondent shall be represented by counsel in
any proceeding held pursuant to this Section.
(d) An order entered under this Section shall not
constitute a finding that the respondent is subject to
involuntary admission on an inpatient or outpatient basis.
(e) Nothing in this Section shall be deemed to create an
agency relationship between the respondent and any custodian
appointed pursuant to this Section.
(f) Notwithstanding any other provision of Illinois law, no
respondent may be cited for contempt for violating the terms
and conditions of his or her agreed order of care and custody.
(Source: P.A. 94-521, eff. 1-1-06.)
(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
Sec. 3-802. The respondent is entitled to a jury on the
question of whether he is subject to involuntary admission on
an inpatient or outpatient basis. The jury shall consist of 6
persons to be chosen in the same manner as are jurors in other
civil proceedings. A respondent is not entitled to a jury on
the question of whether psychotropic medication or
electroconvulsive therapy may be administered under Section
2-107.1.
(Source: P.A. 95-172, eff. 8-14-07.)

SB3129 Enrolled - 24 - LRB096 14618 KTG 29457 b
(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)
Sec. 3-805. Every respondent alleged to be subject to
involuntary admission on an inpatient or outpatient basis shall
be represented by counsel. If the respondent is indigent or an
appearance has not been entered on his behalf at the time the
matter is set for hearing, the court shall appoint counsel for
him. A hearing shall not proceed when a respondent is not
represented by counsel unless, after conferring with counsel,
the respondent requests to represent himself and the court is
satisfied that the respondent has the capacity to make an
informed waiver of his right to counsel. Counsel shall be
allowed time for adequate preparation and shall not be
prevented from conferring with the respondent at reasonable
times nor from making an investigation of the matters in issue
and presenting such relevant evidence as he believes is
necessary.
1. If the court determines that the respondent is unable to
obtain counsel, the court shall appoint as counsel an attorney
employed by or under contract with the Guardianship and Mental
Health Advocacy Commission, if available.
2. If an attorney from the Guardianship and Mental Health
Advocacy Commission is not available, the court shall appoint
as counsel the public defender or, only if no public defender
is available, an attorney licensed to practice law in this
State.

SB3129 Enrolled - 25 - LRB096 14618 KTG 29457 b
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall
determine a reasonable fee for such services. If the respondent
is unable to pay the fee, the court shall enter an order upon
the county to pay the entire fee or such amount as the
respondent is unable to pay.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807)
Sec. 3-807. No respondent may be found subject to
involuntary admission on an inpatient or outpatient basis
unless at least one psychiatrist, clinical social worker, or
clinical psychologist who has examined him 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. 87-530.)
(405 ILCS 5/3-808) (from Ch. 91 1/2, par. 3-808)
Sec. 3-808. No respondent may be found subject to
involuntary admission on an inpatient or outpatient basis
unless that finding has been established by clear and
convincing evidence.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809)

SB3129 Enrolled - 26 - LRB096 14618 KTG 29457 b
Sec. 3-809. If the respondent is not found subject to
involuntary admission on an inpatient or outpatient basis, the
court shall dismiss the petition and order the respondent
discharged. If the respondent is found subject to involuntary
admission on an inpatient or outpatient basis, the court shall
enter an order so specifying. If the court is not satisfied
with the verdict of the jury finding the respondent subject to
involuntary admission on an inpatient or outpatient basis, it
may set aside such verdict and order the respondent discharged
or it may order another hearing.
(Source: P.A. 80-1414.)
(405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810)
Sec. 3-810. Before disposition is determined, the facility
director or such other person as the court may direct shall
prepare a written report including information on the
appropriateness and availability of alternative treatment
settings, a social investigation of the respondent, a
preliminary treatment plan, and any other information which the
court may order. The treatment plan shall describe the
respondent's problems and needs, the treatment goals, the
proposed treatment methods, and a projected timetable for their
attainment. If the respondent is found subject to involuntary
admission on an inpatient or outpatient basis, the court shall
consider the report in determining an appropriate disposition.
(Source: P.A. 91-726, eff. 6-2-00.)

SB3129 Enrolled - 27 - LRB096 14618 KTG 29457 b
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
Sec. 3-811. Involuntary admission; alternative mental
health facilities.
(a) If any person is found subject to involuntary admission
on an inpatient basis, the court shall consider alternative
mental health facilities which are appropriate for and
available to the respondent, including but not limited to
hospitalization. The court may order the respondent to undergo
a program of hospitalization in a mental health facility
designated by the Department, in a licensed private hospital or
private mental health facility if it agrees, or in a facility
of the United States Veterans Administration if it agrees. If
any person is found subject to involuntary admission on an
outpatient basis, ; or the court may order the respondent to
undergo a program of alternative treatment; or the court may
place the respondent in the care and custody of a relative or
other person willing and able to properly care for him or her.
The court shall order the least restrictive alternative for
treatment which is appropriate.
(b) Whenever a person is found subject to involuntary
admission on an inpatient or outpatient basis, notice shall be
provided to the petitioner, orally and in writing, of his or
her right to receive notice of the recipient's discharge
pursuant to Section 3-902(d).
(Source: P.A. 96-570, eff. 1-1-10.)

SB3129 Enrolled - 28 - LRB096 14618 KTG 29457 b
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
Sec. 3-812. Court ordered admission on an outpatient basis
alternative treatment; modification; revocation.
(a) If a respondent is found subject to involuntary
admission on an outpatient basis, the court may issue an order:
(i) placing the respondent in the care and custody of a
relative or other person willing and able to properly care for
him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider.
(b) An order placing the respondent in the care and custody
of a relative or other person shall specify the powers and
duties of the custodian. An order of care and custody entered
pursuant to this Section may grant the custodian the authority
to admit a respondent to a hospital if the respondent fails to
comply with the conditions of the order. If necessary in order
to obtain the hospitalization of the respondent, the custodian
may apply to the court for an order authorizing an officer of
the peace to take the respondent into custody and transport the
respondent to the hospital specified in the agreed order. The
provisions of Section 3-605 shall govern the transportation of
the respondent to a mental health facility, except to the
extent that those provisions are inconsistent with this
Section. No person admitted to a hospital pursuant to this
subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within

SB3129 Enrolled - 29 - LRB096 14618 KTG 29457 b
that period, a petition for involuntary admission on an
inpatient basis and a certificate supporting such petition have
been filed as provided in Section 3-611.
(c) (a) Alternative treatment shall not be ordered unless
the program being considered is capable of providing adequate
and humane treatment in the least restrictive setting which is
appropriate to the respondent's condition. The court shall have
continuing authority to modify an order for alternative
treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment. Prior to
modifying such an order, the court shall receive a report from
the facility director of the program specifying why the
alternative treatment is unsuitable. The recipient shall be
notified and given an opportunity to respond when modification
of the order for alternative treatment is considered. If the
court determines that the respondent has violated the order for
alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate
assurances for the safety of the respondent or others, the
court may revoke the order for alternative treatment in the
community and may order a peace officer to take the recipient
into custody and transport him to an inpatient mental health
facility. The provisions of Section 3-605 shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. No person admitted to a hospital pursuant to

SB3129 Enrolled - 30 - LRB096 14618 KTG 29457 b
this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within
that period, a petition for involuntary admission on an
inpatient basis and a certificate supporting such petition have
been filed as provided in Section 3-611.
(b) If the court revokes an order for alternative treatment
and orders a recipient hospitalized, it may order a peace
officer to take the recipient into custody and transport him to
the facility. The court may order the recipient to undergo a
program of hospitalization at a licensed private hospital or
private mental health facility, or a facility of the United
States Veterans Administration, if such private or Veterans
Administration facility agrees to such placement, or at a
mental health facility designated by the Department.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813)
Sec. 3-813. (a) An initial order for commitment on an
inpatient basis hospitalization shall be for a period not to
exceed 90 days. Prior to the expiration of the initial order if
the facility director believes that the recipient continues to
be subject to involuntary admission on an inpatient or
outpatient basis, a new petition and 2 new certificates may be
filed with the court. If a petition is filed, the facility
director shall file with the court a current treatment plan
which includes an evaluation of the recipient's progress and

SB3129 Enrolled - 31 - LRB096 14618 KTG 29457 b
the extent to which he is benefiting from treatment. If no
petition is filed prior to the expiration of the initial order,
the recipient shall be discharged. Following a hearing, the
court may order a second period of commitment on an inpatient
basis hospitalization not to exceed 90 days only if it finds
that the recipient continues to be subject to involuntary
admission on an inpatient basis. If, following a hearing, the
court determines that the respondent is subject to involuntary
admission on an outpatient basis as provided in Section 3-812,
the court may order the respondent committed on an outpatient
basis for a period not to exceed 180 days.
(a-1) An initial order of commitment on an outpatient basis
shall be for a period not to exceed 180 days. Prior to the
expiration of the initial order, if the facility director or
the custodian believes that the recipient continues to be
subject to involuntary admission on an outpatient basis, a new
petition and 2 new certificates may be filed with the court. If
a petition is filed, the facility director or the custodian
shall file with the court a current treatment plan which
includes an evaluation of the recipient's progress and the
extent to which he or she is benefiting from treatment. If no
petition is filed prior to the expiration of the initial order,
the recipient shall be discharged. Following a hearing, the
court may order a second period of commitment on an outpatient
basis not to exceed 180 days only if it finds that the
recipient continues to be subject to involuntary admission on

SB3129 Enrolled - 32 - LRB096 14618 KTG 29457 b
an outpatient basis.
(b) Additional 180 day periods of inpatient or outpatient
commitment treatment may be sought pursuant to the procedures
set out in this Section for so long as the recipient continues
to meet the standard for such commitment be subject to
involuntary admission. The provisions of this chapter which
apply whenever an initial order is sought shall apply whenever
an additional period of inpatient or outpatient commitment
treatment is sought.
(Source: P.A. 91-787, eff. 1-1-01.)
(405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900)
Sec. 3-900. (a) Any person committed on an inpatient or
outpatient basis 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)

SB3129 Enrolled - 33 - LRB096 14618 KTG 29457 b
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. The court shall determine whether the
recipient is: (i) subject to involuntary admission on an
inpatient basis; (ii) subject to involuntary admission on an
outpatient basis; or (iii) not subject to involuntary admission
on either an inpatient or outpatient basis. If the court finds
that the recipient is not subject to involuntary admission on
an inpatient or outpatient basis, 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.
(b-1) If the court determines that the recipient is subject

SB3129 Enrolled - 34 - LRB096 14618 KTG 29457 b
to involuntary admission on an outpatient basis, the court
shall enter an appropriate order pursuant to Section 3-812.
(c) If the court determines that the recipient continues to
be subject to involuntary admission on an inpatient basis, 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
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

SB3129 Enrolled - 35 - LRB096 14618 KTG 29457 b
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. 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 individual

SB3129 Enrolled - 36 - LRB096 14618 KTG 29457 b
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.)
(405 ILCS 5/1-104.5 rep.)
(405 ILCS 5/3-704.1 rep.)
(405 ILCS 5/3-815 rep.)
Section 10. The Mental Health and Developmental
Disabilities Code is amended by repealing Sections 1-104.5,
3-704.1, and 3-815.
Section 15. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 4, 9.2, and 10 as follows:
(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
Sec. 4. (a) The following persons shall be entitled, upon
request, to inspect and copy a recipient's record or any part
thereof:
(1) the parent or guardian of a recipient who is under
12 years of age;
(2) the recipient if he is 12 years of age or older;

SB3129 Enrolled - 37 - LRB096 14618 KTG 29457 b
(3) the parent or guardian of a recipient who is at
least 12 but under 18 years, if the recipient is informed
and does not object or if the therapist does not find that
there are compelling reasons for denying the access. The
parent or guardian who is denied access by either the
recipient or the therapist may petition a court for access
to the record. Nothing in this paragraph is intended to
prohibit the parent or guardian of a recipient who is at
least 12 but under 18 years from requesting and receiving
the following information: current physical and mental
condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(4) the guardian of a recipient who is 18 years or
older;
(5) an attorney or guardian ad litem who represents a
minor 12 years of age or older in any judicial or
administrative proceeding, provided that the court or
administrative hearing officer has entered an order
granting the attorney this right; or
(6) an agent appointed under a recipient's power of
attorney for health care or for property, when the power of
attorney authorizes the access; .
(7) an attorney-in-fact appointed under the Mental
Health Treatment Preference Declaration Act; or
(8) any person in whose care and custody the recipient
has been placed pursuant to Section 3-811 of the Mental

SB3129 Enrolled - 38 - LRB096 14618 KTG 29457 b
Health and Developmental Disabilities Code.
(b) Assistance in interpreting the record may be provided
without charge and shall be provided if the person inspecting
the record is under 18 years of age. However, access may in no
way be denied or limited if the person inspecting the record
refuses the assistance. A reasonable fee may be charged for
duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the records
shall provide at no charge to the recipient, or to the
Guardianship and Advocacy Commission, the agency designated by
the Governor under Section 1 of the Protection and Advocacy for
Developmentally Disabled Persons Act or to any other
not-for-profit agency whose primary purpose is to provide free
legal services or advocacy for the indigent and who has
received written authorization from the recipient under
Section 5 of this Act to receive his records, one copy of any
records in its possession whose disclosure is authorized under
this Act.
(c) Any person entitled to access to a record under this
Section may submit a written statement concerning any disputed
or new information, which statement shall be entered into the
record. Whenever any disputed part of a record is disclosed,
any submitted statement relating thereto shall accompany the
disclosed part. Additionally, any person entitled to access may
request modification of any part of the record which he
believes is incorrect or misleading. If the request is refused,

SB3129 Enrolled - 39 - LRB096 14618 KTG 29457 b
the person may seek a court order to compel modification.
(d) Whenever access or modification is requested, the
request and any action taken thereon shall be noted in the
recipient's record.
(Source: P.A. 88-484; 89-439, eff. 6-1-96.)
(740 ILCS 110/9.2)
Sec. 9.2. Interagency disclosure of recipient information.
For the purposes of continuity of care, the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), community agencies funded by the
Department of Human Services in that capacity, licensed private
hospitals receiving payments from the Department of Human
Services or the Department of Healthcare and Family Services,
State correctional facilities prisons operated by the
Department of Corrections, mental health facilities operated
by a county, and jails operated by any county of this State may
disclose a recipient's record or communications, without
consent, to each other, but only for the purpose of admission,
treatment, planning, or discharge. Entities shall not
redisclose any personally identifiable information, unless
necessary for admission, treatment, planning, or discharge of
the identified recipient to another setting. No records or
communications may be disclosed to a county jail or State
correctional facility prison pursuant to this Section unless
the Department has entered into a written agreement with the

SB3129 Enrolled - 40 - LRB096 14618 KTG 29457 b
county jail or State correctional facility prison requiring
that the county jail or State correctional facility prison
adopt written policies and procedures designed to ensure that
the records and communications are disclosed only to those
persons employed by or under contract to the county jail or
State correctional facility prison who are involved in the
provision of mental health services to inmates and that the
records and communications are protected from further
disclosure.
(Source: P.A. 94-182, eff. 7-12-05.)
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
Sec. 10. (a) Except as provided herein, in any civil,
criminal, administrative, or legislative proceeding, or in any
proceeding preliminary thereto, a recipient, and a therapist on
behalf and in the interest of a recipient, has the privilege to
refuse to disclose and to prevent the disclosure of the
recipient's record or communications.
(1) Records and communications may be disclosed in a
civil, criminal or administrative proceeding in which the
recipient introduces his mental condition or any aspect of
his services received for such condition as an element of
his claim or defense, if and only to the extent the court
in which the proceedings have been brought, or, in the case
of an administrative proceeding, the court to which an
appeal or other action for review of an administrative

SB3129 Enrolled - 41 - LRB096 14618 KTG 29457 b
determination may be taken, finds, after in camera
examination of testimony or other evidence, that it is
relevant, probative, not unduly prejudicial or
inflammatory, and otherwise clearly admissible; that other
satisfactory evidence is demonstrably unsatisfactory as
evidence of the facts sought to be established by such
evidence; and that disclosure is more important to the
interests of substantial justice than protection from
injury to the therapist-recipient relationship or to the
recipient or other whom disclosure is likely to harm.
Except in a criminal proceeding in which the recipient, who
is accused in that proceeding, raises the defense of
insanity, no record or communication between a therapist
and a recipient shall be deemed relevant for purposes of
this subsection, except the fact of treatment, the cost of
services and the ultimate diagnosis unless the party
seeking disclosure of the communication clearly
establishes in the trial court a compelling need for its
production. However, for purposes of this Act, in any
action brought or defended under the Illinois Marriage and
Dissolution of Marriage Act, or in any action in which pain
and suffering is an element of the claim, mental condition
shall not be deemed to be introduced merely by making such
claim and shall be deemed to be introduced only if the
recipient or a witness on his behalf first testifies
concerning the record or communication.

SB3129 Enrolled - 42 - LRB096 14618 KTG 29457 b
(2) Records or communications may be disclosed in a
civil proceeding after the recipient's death when the
recipient's physical or mental condition has been
introduced as an element of a claim or defense by any party
claiming or defending through or as a beneficiary of the
recipient, provided the court finds, after in camera
examination of the evidence, that it is relevant,
probative, and otherwise clearly admissible; that other
satisfactory evidence is not available regarding the facts
sought to be established by such evidence; and that
disclosure is more important to the interests of
substantial justice than protection from any injury which
disclosure is likely to cause.
(3) In the event of a claim made or an action filed by
a recipient, or, following the recipient's death, by any
party claiming as a beneficiary of the recipient for injury
caused in the course of providing services to such
recipient, the therapist and other persons whose actions
are alleged to have been the cause of injury may disclose
pertinent records and communications to an attorney or
attorneys engaged to render advice about and to provide
representation in connection with such matter and to
persons working under the supervision of such attorney or
attorneys, and may testify as to such records or
communication in any administrative, judicial or discovery
proceeding for the purpose of preparing and presenting a

SB3129 Enrolled - 43 - LRB096 14618 KTG 29457 b
defense against such claim or action.
(4) Records and communications made to or by a
therapist in the course of examination ordered by a court
for good cause shown may, if otherwise relevant and
admissible, be disclosed in a civil, criminal, or
administrative proceeding in which the recipient is a party
or in appropriate pretrial proceedings, provided such
court has found that the recipient has been as adequately
and as effectively as possible informed before submitting
to such examination that such records and communications
would not be considered confidential or privileged. Such
records and communications shall be admissible only as to
issues involving the recipient's physical or mental
condition and only to the extent that these are germane to
such proceedings.
(5) Records and communications may be disclosed in a
proceeding under the Probate Act of 1975, to determine a
recipient's competency or need for guardianship, provided
that the disclosure is made only with respect to that
issue.
(6) Records and communications may be disclosed when
such are made during treatment which the recipient is
ordered to undergo to render him fit to stand trial on a
criminal charge, provided that the disclosure is made only
with respect to the issue of fitness to stand trial.
(7) Records and communications of the recipient may be

SB3129 Enrolled - 44 - LRB096 14618 KTG 29457 b
disclosed in any civil or administrative proceeding
involving the validity of or benefits under a life,
accident, health or disability insurance policy or
certificate, or Health Care Service Plan Contract,
insuring the recipient, but only if and to the extent that
the recipient's mental condition, or treatment or services
in connection therewith, is a material element of any claim
or defense of any party, provided that information sought
or disclosed shall not be redisclosed except in connection
with the proceeding in which disclosure is made.
(8) Records or communications may be disclosed when
such are relevant to a matter in issue in any action
brought under this Act and proceedings preliminary
thereto, provided that any information so disclosed shall
not be utilized for any other purpose nor be redisclosed
except in connection with such action or preliminary
proceedings.
(9) Records and communications of the recipient may be
disclosed in investigations of and trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide.
(10) Records and communications of a deceased
recipient may be disclosed to a coroner conducting a
preliminary investigation into the recipient's death under
Section 3-3013 of the Counties Code. However, records and
communications of the deceased recipient disclosed in an

SB3129 Enrolled - 45 - LRB096 14618 KTG 29457 b
investigation shall be limited solely to the deceased
recipient's records and communications relating to the
factual circumstances of the incident being investigated
in a mental health facility.
(11) Records and communications of a recipient shall be
disclosed in a proceeding where a petition or motion is
filed under the Juvenile Court Act of 1987 and the
recipient is named as a parent, guardian, or legal
custodian of a minor who is the subject of a petition for
wardship as described in Section 2-3 of that Act or a minor
who is the subject of a petition for wardship as described
in Section 2-4 of that Act alleging the minor is abused,
neglected, or dependent or the recipient is named as a
parent of a child who is the subject of a petition,
supplemental petition, or motion to appoint a guardian with
the power to consent to adoption under Section 2-29 of the
Juvenile Court Act of 1987.
(12) Records and communications of a recipient may be
disclosed when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient; however,
disclosure shall be limited to information needed to pursue
collection, and the information so disclosed may not be
used for any other purposes nor may it be redisclosed
except in connection with collection activities. Whenever

SB3129 Enrolled - 46 - LRB096 14618 KTG 29457 b
records are disclosed pursuant to this subdivision (12),
the recipient of the records shall be advised in writing
that any person who discloses mental health records and
communications in violation of this Act may be subject to
civil liability pursuant to Section 15 of this Act or to
criminal penalties pursuant to Section 16 of this Act or
both.
(b) Before a disclosure is made under subsection (a), any
party to the proceeding or any other interested person may
request an in camera review of the record or communications to
be disclosed. The court or agency conducting the proceeding may
hold an in camera review on its own motion. When, contrary to
the express wish of the recipient, the therapist asserts a
privilege on behalf and in the interest of a recipient, the
court may require that the therapist, in an in camera hearing,
establish that disclosure is not in the best interest of the
recipient. The court or agency may prevent disclosure or limit
disclosure to the extent that other admissible evidence is
sufficient to establish the facts in issue. The court or agency
may enter such orders as may be necessary in order to protect
the confidentiality, privacy, and safety of the recipient or of
other persons. Any order to disclose or to not disclose shall
be considered a final order for purposes of appeal and shall be
subject to interlocutory appeal.
(c) A recipient's records and communications may be
disclosed to a duly authorized committee, commission or

SB3129 Enrolled - 47 - LRB096 14618 KTG 29457 b
subcommittee of the General Assembly which possesses subpoena
and hearing powers, upon a written request approved by a
majority vote of the committee, commission or subcommittee
members. The committee, commission or subcommittee may request
records only for the purposes of investigating or studying
possible violations of recipient rights. The request shall
state the purpose for which disclosure is sought.
The facility shall notify the recipient, or his guardian,
and therapist in writing of any disclosure request under this
subsection within 5 business days after such request. Such
notification shall also inform the recipient, or guardian, and
therapist of their right to object to the disclosure within 10
business days after receipt of the notification and shall
include the name, address and telephone number of the
committee, commission or subcommittee member or staff person
with whom an objection shall be filed. If no objection has been
filed within 15 business days after the request for disclosure,
the facility shall disclose the records and communications to
the committee, commission or subcommittee. If an objection has
been filed within 15 business days after the request for
disclosure, the facility shall disclose the records and
communications only after the committee, commission or
subcommittee has permitted the recipient, guardian or
therapist to present his objection in person before it and has
renewed its request for disclosure by a majority vote of its
members.

SB3129 Enrolled - 48 - LRB096 14618 KTG 29457 b
Disclosure under this subsection shall not occur until all
personally identifiable data of the recipient and provider are
removed from the records and communications. Disclosure under
this subsection shall not occur in any public proceeding.
(d) No party to any proceeding described under paragraphs
(1), (2), (3), (4), (7), or (8) of subsection (a) of this
Section, nor his or her attorney, shall serve a subpoena
seeking to obtain access to records or communications under
this Act unless the subpoena is accompanied by a written order
issued by a judge, authorizing the disclosure of the records or
the issuance of the subpoena. No such written order shall be
issued without written notice of the motion to the recipient
and the treatment provider. Prior to issuance of the order,
each party or other person entitled to notice shall be
permitted an opportunity to be heard pursuant to subsection (b)
of this Section. No person shall comply with a subpoena for
records or communications under this Act, unless the subpoena
is accompanied by a written order authorizing the issuance of
the subpoena or the disclosure of the records. Each subpoena
duces tecum issued by a court or administrative agency or
served on any person pursuant to this subsection (d) shall
include the following language: "No person shall comply with a
subpoena for mental health records or communications pursuant
to Section 10 of the Mental Health and Developmental
Disabilities Confidentiality Act, 740 ILCS 110/10, unless the
subpoena is accompanied by a written order that authorizes the

SB3129 Enrolled - 49 - LRB096 14618 KTG 29457 b
issuance of the subpoena and the disclosure of records or
communications."
(e) When a person has been transported by a peace officer
to a mental health facility, then upon the request of a peace
officer, if the person is allowed to leave the mental health
facility within 48 hours of arrival, excluding Saturdays,
Sundays, and holidays, the facility director shall notify the
local law enforcement authority prior to the release of the
person. The local law enforcement authority may re-disclose the
information as necessary to alert the appropriate enforcement
or prosecuting authority.
(f) A recipient's records and communications shall be
disclosed to the Inspector General of the Department of Human
Services within 10 business days of a request by the Inspector
General (i) in the course of an investigation authorized by the
Department of Human Services Act and applicable rule or (ii)
during the course of an assessment authorized by the Abuse of
Adults with Disabilities Intervention Act and applicable rule.
The request shall be in writing and signed by the Inspector
General or his or her designee. The request shall state the
purpose for which disclosure is sought. Any person who
knowingly and willfully refuses to comply with such a request
is guilty of a Class A misdemeanor. A recipient's records and
communications shall also be disclosed pursuant to subsection
(g-5) of Section 1-17 of the Department of Human Services Act
in testimony at health care worker registry hearings or

SB3129 Enrolled - 50 - LRB096 14618 KTG 29457 b
preliminary proceedings when such are relevant to the matter in
issue, provided that any information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with such action or preliminary proceedings.
(Source: P.A. 96-406, eff. 8-13-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.