Chapter 405 — MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES

(405 ILCS 5/4-705) (from Ch. 91 1/2, par. 4-705) Sec. 4-705. Petition for discharge; examination. (a) At any time a person admitted by court order under Article V of this Chapter or under any prior statute or any person 18 years of age or older on his behalf may file a petition f…

(405 ILCS 5/4-706) (from Ch. 91 1/2, par. 4-706) Sec. 4-706. (a) Upon receipt of a petition for discharge, the court shall set a hearing to be held within 7 days. The court shall direct that notice of the time and place of the hearing be given to the client, the person specified …

(405 ILCS 5/4-707) (from Ch. 91 1/2, par. 4-707) Sec. 4-707. The facility director of any Department facility may transfer a client to another Department facility if he determines that the transfer is appropriate and consistent with the habilitation needs of the client. An approp…

(405 ILCS 5/4-708) (from Ch. 91 1/2, par. 4-708) Sec. 4-708. Any client admitted to a facility or to a program of nonresidential habilitation under Article V of this Chapter or his guardian, attorney, or nearest adult relative on his behalf may at any time petition the court for …

(405 ILCS 5/4-709) (from Ch. 91 1/2, par. 4-709) Sec. 4-709. (a) Whenever a client who has been in a Department facility for more than 7 days is to be transferred to another facility under Section 4-707, the facility director of the facility shall give written notice at least 14 …

(405 ILCS 5/4-800) Sec. 4-800. Provider sanctions and appeals. The Department of Human Services Division of Developmental Disabilities may impose progressive sanctions on providers that fail to comply with conditions specified by rule, or contract agreement, as determined by the …

(405 ILCS 5/4-801) Sec. 4-801. Provider discharge reconsideration requests. After an informal review of a discharge by the Department of Human Services Division of Developmental Disabilities, a provider may request a reconsideration of the decision, to the Department of Human Ser…

(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100) Sec. 5-100. Written notice of the death of a recipient of services which occurs at a mental health or developmental disabilities facility, or the death of a recipient of services who has not been discharged from a mental health or …

(405 ILCS 5/5-100.1) Sec. 5-100.1. Notice of death of patient. Any mental health or developmental disabilities facility operating in this State shall provide notice of the death of a recipient of services occurring in the facility to the personal representative, if known, of the …

(405 ILCS 5/5-100A) Sec. 5-100A. (Repealed). (Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 96-1235, eff. 1-1-11.)

(405 ILCS 5/5-101) (from Ch. 91 1/2, par. 5-101) Sec. 5-101. If any recipient of services leaves a facility without being duly discharged or being free to do so, as provided in this Act, or if any resident is placed on conditional discharge or temporarily released from the facili…

(405 ILCS 5/5-102) (from Ch. 91 1/2, par. 5-102) Sec. 5-102. Persons who are not residents of this State may not be detained in any facility unless admitted thereto in accordance with the laws of this State, or of the state having jurisdiction of such persons. A person who is not…

(405 ILCS 5/5-103) (from Ch. 91 1/2, par. 5-103) Sec. 5-103. The Department, or any health officer of this State or any municipality where any person subject to involuntary admission or who meets the standard for judicial admission may be, may inquire into the manner in which any…

(405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104) Sec. 5-104. The Department may prescribe and publish rules and regulations to carry out the purposes of this Act and to enforce the provisions this Act and may alter, amend and supplement such rules and regulations relating to this…

(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105) Sec. 5-105. Each recipient of services provided directly or funded by the Department and the estate of that recipient is liable for the payment of sums representing charges for services to the recipient at a rate to be determined b…

(405 ILCS 5/5-106) (from Ch. 91 1/2, par. 5-106) Sec. 5-106. The rate at which sums for the services to recipients in a mental health or developmental disabilities program of the Department is calculated by the Department is the average per capita cost of the services to all such…

(405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107) Sec. 5-107. Remittances from intermediary agencies under Title XVIII of the Federal Social Security Act for services to persons in State facilities shall be deposited with the State Treasurer and placed in the Mental Health Fund. P…

(405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1) Sec. 5-107.1. Remittances from or on behalf of licensed long-term care facilities through Department of Healthcare and Family Services reimbursement and monies from other funds for Day Training Programs for clients with a devel…

(405 ILCS 5/5-107.2) (from Ch. 91 1/2, par. 5-107.2) Sec. 5-107.2. The Department shall charge, collect and receive fees or money equivalent to the cost of providing Department personnel, equipment, commodities and services to other agencies and branches of State government, unit…

(405 ILCS 5/5-108) (from Ch. 91 1/2, par. 5-108) Sec. 5-108. The Department may investigate the financial condition of each person liable under this Act, may make determinations of the ability of each such person to pay sums representing services charges, and for such purposes ma…

(405 ILCS 5/5-108.1) Sec. 5-108.1. Exemption from charges. Any recipient of services who is participating in a research program conducted by the Psychiatric Institute located at 1601 West Taylor Street, Chicago, Illinois, under an intergovernmental agreement between the Board of …

(405 ILCS 5/5-108.2) Sec. 5-108.2. Exemption from charges; veterans. Any veteran who receives services provided by a State mental health facility that are not covered by the veteran's existing insurance plan shall not be liable for any charges as set forth in Sections 5-105, 5-10…

(405 ILCS 5/5-109) (from Ch. 91 1/2, par. 5-109) Sec. 5-109. No admission of a recipient in a State facility may be limited or conditioned in any manner by the financial status or ability to pay of the recipient, the estate of the recipient, or any responsible relative of the rec…

(405 ILCS 5/5-110) (from Ch. 91 1/2, par. 5-110) Sec. 5-110. Services charges against responsible relatives take effect on the date of admission or acceptance of the recipient for services or as soon thereafter as each responsible relative's financial ability during the period wh…

(405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111) Sec. 5-111. Any person who has been issued a Notice of Determination of sums due as services charges may petition the Department for a review of that determination. The petition must be in writing and filed with the Department with…

(405 ILCS 5/5-112) (from Ch. 91 1/2, par. 5-112) Sec. 5-112. A Board of Reimbursement Appeals, consisting of 3 persons appointed by the Governor, is created to review decisions of the Department under Sections 5-105 through 5-115 of this Act. Board members shall serve for terms o…

(405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113) Sec. 5-113. Upon receiving a petition for review under Section 5-111, the Department shall thereupon notify the Board of Reimbursement Appeals which shall render its decision thereon within 30 days after the petition is filed and c…

(405 ILCS 5/5-114) (from Ch. 91 1/2, par. 5-114) Sec. 5-114. A decedent's representative who has actual knowledge that the decedent has been a recipient in a State facility shall notify the Department of the death of the decedent and, if the representative has been appointed by a…

(405 ILCS 5/5-115) (from Ch. 91 1/2, par. 5-115) Sec. 5-115. In case any recipient, the estate of any recipient, or the responsible relatives of such recipient are unable to pay the services charges for the recipient provided for by this Act, then the cost of services of such rec…

(405 ILCS 5/5-116) (from Ch. 91 1/2, par. 5-116) Sec. 5-116. Standard and Regulations for Determining Ability to Support. The Department shall establish a standard by which shall be measured the ability of responsible relatives to provide support, and shall implement the standard…

(405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117) Sec. 5-117. The Attorney General shall defend all civil actions and proceedings against any employee or agent of the Department arising out of official duties in connection with the apprehension, transportation, examination, servic…

(405 ILCS 5/6-100) (from Ch. 91 1/2, par. 6-100) Sec. 6-100. Judicial proceedings conducted pursuant to this Act shall be conducted in accordance with the Civil Practice Law, except to the extent the provisions of this Act indicate to the contrary or are inconsistent, in which ca…

(405 ILCS 5/6-101) (from Ch. 91 1/2, par. 6-101) Sec. 6-101. Any person affected by a final administrative decision of the Department or the Board of Reimbursement Appeals, pursuant to this Act, may have such decisions reviewed only under and in accordance with the Administrative…

(405 ILCS 5/6-102) (from Ch. 91 1/2, par. 6-102) Sec. 6-102. Any person who conspires unlawfully to cause, or unlawfully causes, any person to be adjudicated as subject to involuntary or judicial admission or as a person under legal disability or to be detained at, or admitted to…

(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103) Sec. 6-103. (a) All persons acting in good faith and without negligence in connection with the preparation of applications, petitions, certificates or other documents, for the apprehension, transportation, examination, treatment, h…

(405 ILCS 5/6-103.1) Sec. 6-103.1. Adjudication as a person with a mental disability. When a person has been adjudicated as a person with a mental disability as defined in Section 1.1 of the Firearm Owners Identification Card Act, including, but not limited to, an adjudication as…

(405 ILCS 5/6-103.2) Sec. 6-103.2. Developmental disability; notice. If a person 14 years old or older is determined to be a person with a developmental disability by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner, the physician, cl…

(405 ILCS 5/6-103.3) Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner, whether employed …

(405 ILCS 5/6-104) (from Ch. 91 1/2, par. 6-104) Sec. 6-104. Unless otherwise specifically provided elsewhere by law, nothing contained in this Act or in any Act amendatory thereof affects or impairs the validity of any act done or right accruing, accrued, acquired, or any order,…

(405 ILCS 5/6-104.3) Sec. 6-104.3. Comparable programs for the services contained in the Specialized Mental Health Rehabilitation Act of 2013. The Division of Mental Health of the Department of Human Services shall oversee the creation of comparable programs for the services cont…

(405 ILCS 5/6-105) (from Ch. 91 1/2, par. 6-105) Sec. 6-105. The provisions for repeal contained in this Act do not in any way affect an offense committed, an act done, a penalty, punishment or forfeiture incurred, or a claim, right, power or remedy accrued under any law in force…

(405 ILCS 5/6-106) (from Ch. 91 1/2, par. 6-106) Sec. 6-106. The "Mental Health Code of 1967", approved August 14, 1967, as amended, is repealed. (Source: P.A. 80-1414.)

(405 ILCS 5/6-107) (from Ch. 91 1/2, par. 6-107) Sec. 6-107. This Act takes effect January 1, 1979. (Source: P.A. 80-1414.)

(405 ILCS 10/1) (from Ch. 91 1/2, par. 121) Sec. 1. That this Act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind. (Source: Laws 1917, p. 345.)

(405 ILCS 10/2) (from Ch. 91 1/2, par. 122) Sec. 2. The terms "flight" and "fled" as used in this act, shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are…

(405 ILCS 10/3) (from Ch. 91 1/2, par. 123) Sec. 3. A person alleged to be of unsound mind found in this State, who has fled from another state in which, at the time of his flight: (a) he was under detention by law in a hospital, asylum or other institution for the insane as a pe…

(405 ILCS 10/4) (from Ch. 91 1/2, par. 124) Sec. 4. Whenever the executive authority of any state demands of the executive authority of this state, any fugitive within the purview of section 3 and produces a copy of the commitment, judgment or other judicial process and proceedin…

(405 ILCS 10/5) (from Ch. 91 1/2, par. 125) Sec. 5. Any proceedings under this act shall be begun within one year after the flight referred to in this act. (Source: Laws 1917, p. 345.)

(405 ILCS 10/6) (from Ch. 91 1/2, par. 126) Sec. 6. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Source: Laws 1917, p. 345.)

(405 ILCS 15/0.01) (from Ch. 91 1/2, par. 140) Sec. 0.01. Short title. This Act may be cited as the Mental Treatment for Incarcerated Persons Act. (Source: P.A. 86-1324.)