Illinois 96th Regular Session Status: Enacted

SB 209 — MENTL HLTH-VOLUNTARY ADMISSION

Last action — Public Act . . . . . . . . . 96-0612

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Code and the Probate Act of 1975. Provides that a person who may be voluntarily admitted to a mental health facility includes a person adjudicated a disabled person. Provides for voluntary admission to a mental health facility if the facility director determines and documents in the recipient's medical record that the person (i) is clinically suitable for admission as a voluntary recipient and (ii) has the capacity to consent to voluntary admission (instead of if the director deems such person clinically suitable for admission as a voluntary recipient). Sets forth factors to be considered in determining whether a person has the capacity to consent to voluntary admission. Provides that a guardian of the person may not admit a ward to a mental health facility except at the ward's request as provided in the Mental Health and Developmental Disabilities Code and unless the ward has the capacity to consent to such admission.

Bill Text

What changed in the latest version

140 added · 145 removed

Plain-language change summary

The amendment to SB 209 clarifies the criteria for admitting individuals 16 and older to mental health facilities as voluntary patients. It specifies that a person is considered capable of consenting to their admission if they understand their rights, such as being aware that they can request their discharge at any time. Additionally, the amendment removes the details about the potential for confinement for up to 30 days if the person does not request discharge, which simplifies the conditions for voluntary admission. These changes are important because they aim to empower individuals by ensuring they have a clear understanding of their rights during treatment.

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SB0209 Engrossed LRB096 03119 DRJ 13135 b AN ACT concerning health.
SB0209 Enrolled LRB096 03119 DRJ 13135 b AN ACT concerning health.
Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (i) is clinically suitable for admission as a voluntary recipient and (ii) has the capacity to consent to voluntary admission.
(a) Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.
For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if he or she understands all of the following:
(b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:
(1) She or he is being admitted to a mental health facility.
(1) He or she is being admitted to a mental health facility.
(2) If he or she requests discharge from the facility pursuant to Section 3-403, his or her request must be in SB0209 Engrossed - 2 - LRB096 03119 DRJ 13135 b writing.
(2) He or she may request discharge at any time.
(3) Following a written request for discharge from the facility, his or her discharge is not automatic.
The SB0209 Enrolled - 2 - LRB096 03119 DRJ 13135 b request must be in writing, and discharge is not automatic.
(4) Within 5 business days after receipt of the written request for discharge from the facility, the facility must either discharge the person or initiate commitment proceedings against the person.
(3) Within 5 business days after receipt of the written request for discharge, the facility must either discharge the person or initiate commitment proceedings.
(5) If the person does not request discharge from the facility, he or she may be confined for up to 30 days pursuant to Section 3-404.
shall procure for them and shall make provision for their support, care, comfort, health, education and maintenance, and professional services as are appropriate, but the ward's spouse may not be deprived of the custody and education of the ward's minor and adult dependent children, SB0209 Engrossed - 3 - LRB096 03119 DRJ 13135 b without the consent of the spouse, unless the court finds that the spouse is not a fit and competent person to have that custody and education.
shall procure for them and shall make provision for their support, care, comfort, health, education and maintenance, and professional services as are appropriate, but the ward's spouse may not be deprived of the custody and education of the ward's minor and adult dependent children, without the consent of the spouse, unless the court finds that the spouse is not a fit and competent person to have that custody and education.
The guardian of the person may petition the court for an order directing the guardian of the estate to pay an amount periodically for the provision of the services specified by the court order.
The guardian of the person may petition the court for an order SB0209 Enrolled - 3 - LRB096 03119 DRJ 13135 b directing the guardian of the estate to pay an amount periodically for the provision of the services specified by the court order.
SB0209 Engrossed - 4 - LRB096 03119 DRJ 13135 b (b) If the court directs, the guardian of the person shall file with the court at intervals indicated by the court, a report that shall state briefly:
(b) If the court directs, the guardian of the person shall file with the court at intervals indicated by the court, a report that shall state briefly:
(2) their present living arrangement, and a description and the address of every residence where they lived during the reporting period and the length of stay at each place;
(2) their present living SB0209 Enrolled - 4 - LRB096 03119 DRJ 13135 b arrangement, and a description and the address of every residence where they lived during the reporting period and the length of stay at each place;
(d) A guardian acting as a surrogate decision maker under the Health Care Surrogate Act shall have all the rights of a SB0209 Engrossed - 5 - LRB096 03119 DRJ 13135 b surrogate under that Act without court order including the right to make medical treatment decisions such as decisions to forgo or withdraw life-sustaining treatment.
(d) A guardian acting as a surrogate decision maker under the Health Care Surrogate Act shall have all the rights of a surrogate under that Act without court order including the right to make medical treatment decisions such as decisions to forgo or withdraw life-sustaining treatment.
Any decisions by the guardian to forgo or withdraw life-sustaining treatment that are not authorized under the Health Care Surrogate Act shall require a court order.
Any decisions by the guardian to forgo or withdraw life-sustaining treatment that are not authorized under the Health Care Surrogate Act SB0209 Enrolled - 5 - LRB096 03119 DRJ 13135 b shall require a court order.
If the ward's SB0209 Engrossed - 6 - LRB096 03119 DRJ 13135 b wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the ward's best interests as determined by the guardian.
If the ward's wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the ward's best interests as determined by the guardian.
In determining the ward's best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself.
In determining the ward's best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit SB0209 Enrolled - 6 - LRB096 03119 DRJ 13135 b or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself.
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Action History

  1. Public Act . . . . . . . . . 96-0612

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 059-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Human Services; 008-000-000

  8. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Human Services

  9. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Heather Steans

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 20, 2009

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Third Reading - Short Debate - Passed 116-000-000

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass as Amended / Short Debate Disability Services Committee; 004-000-000

  18. House Committee Amendment No. 1 Adopted in Disability Services Committee; by Voice Vote

  19. House Committee Amendment No. 1 Filed with Clerk by Disability Services Committee

  20. Assigned to Disability Services Committee

  21. Referred to Rules Committee

  22. First Reading

  23. Chief House Sponsor Rep. Patricia R. Bellock

  24. Placed on Calendar Order of First Reading

  25. Arrived in House

  26. Third Reading - Passed; 058-000-000

  27. Placed on Calendar Order of 3rd Reading March 4, 2009

  28. Second Reading

  29. Placed on Calendar Order of 2nd Reading February 20, 2009

  30. Do Pass Human Services; 009-000-000

  31. Assigned to Human Services

  32. Referred to Assignments

  33. First Reading

  34. Filed with Secretary by Sen. Heather Steans

Sponsors

  • Heather Steans · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Heather Steans

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 49000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Kotowski — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Jacobs — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Munoz — Yea
Jones, J. — Yea
Millner — Yea
Brady — Yea
Sullivan — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Cullerton — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 102001
Democrat 10001
Republican 4000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Jakobsson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
Davis, Monique — Yea
McCarthy — Yea
Reitz — Yea
Mell — Yea
Mendoza — Yea
Senger — Yea
Sommer — Yea
Lyons — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Jefferson — Yea
Kosel — Yea
Burke — Yea
Mitchell, Bill — Yea
Madigan — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Mulligan — Yea
Myers — Yea
Osterman — Yea
Hannig — Yea
Harris — Yea
Pihos — Yea
Watson — Yea
Hernandez — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Howard — Yea
Verschoore — Yea
Wait — Yea
Winters — Yea
Yarbrough — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Washington — Yea
Zalewski — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Connelly — Yea
McAsey — Yea
Moffitt — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 48001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hultgren — Yea
McCarter — Yea
Kotowski — Yea
Demuzio — Yea
Jacobs — Yea
Luechtefeld — Yea
Maloney — Yea
Munoz — Yea
Jones, J. — Yea
Millner — Yea
Brady — Yea
Sullivan — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Not Voting
Sandoval — Yea
Lauzen — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Meeks — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 209 do?
Amends the Mental Health and Developmental Disabilities Code and the Probate Act of 1975. Provides that a person who may be voluntarily admitted to a mental health facility includes a person adjudicated a disabled person. Provides for voluntary admission to a mental health facility if the facility director determines and documents in the recipient's medical record that the person (i) is clinically suitable for admission as a voluntary recipient and (ii) has the capacity to consent to voluntary admission (instead of if the director deems such person clinically suitable for admission as a voluntary recipient). Sets forth factors to be considered in determining whether a person has the capacity to consent to voluntary admission. Provides that a guardian of the person may not admit a ward to a mental health facility except at the ward's request as provided in the Mental Health and Developmental Disabilities Code and unless the ward has the capacity to consent to such admission.
Who sponsors SB 209?
SB 209 is sponsored by Heather Steans.
What is the current status of SB 209?
This bill has been enacted into law. Introduced February 03, 2009. Enacted.
Where can I track SB 209?
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