Outpatient treatment; allows court to order mandatory treatment following involuntary admission. (HB2257)

Introduced By

Del. Dave Albo (R-Springfield)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Mandatory outpatient treatment following inpatient treatment; voluntary admission. Allows a court to enter an order for mandatory outpatient treatment following involuntary admission, which orders a person who has been involuntarily admitted to mandatory outpatient treatment. The criteria for such an order differ from the criteria used for a mandatory outpatient treatment order entered where the person was not first involuntarily admitted. The criteria for an order for mandatory outpatient treatment following involuntary admission are that the person (i) has mental illness; (ii) no longer needs inpatient hospitalization but requires mandatory outpatient treatment to prevent rapid deterioration of his condition that would likely result in his meeting the criteria for inpatient treatment; (iii) is not likely to obtain outpatient treatment unless the court enters the order; and (iv) is likely to comply with the order. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following involuntary admission will be enforced, reviewed, continued, and rescinded. The bill also requires that when determining whether a person is capable of consenting to voluntary admission, the judge or special justice shall hear evidence regarding the person's past compliance with treatment and the likelihood that the person will comply with the treatment that would be provided upon his voluntary admission for inpatient treatment. If the judge or special justice finds that the person is incapable of consenting to voluntary admission, the judge or special justice shall proceed with the commitment hearing. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/14/2009Committee
01/14/2009Prefiled and ordered printed; offered 01/14/09 098130404
01/14/2009Referred to Committee on Health, Welfare and Institutions
02/02/2009Impact statement from DPB (HB2257)
02/03/2009Assigned HWI sub: Institutions
02/03/2009Subcommittee recommends reporting with amendment(s)
02/05/2009Reported from Health, Welfare and Institutions with substitute (21-Y 0-N) (see vote tally)
02/05/2009Committee substitute printed 093281404-H1
02/06/2009Read first time
02/08/2009Passed by for the day
02/09/2009Read second time
02/09/2009Committee substitute agreed to 093281404-H1
02/09/2009Engrossed by House - committee substitute HB2257H1
02/10/2009Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/10/2009VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/10/2009Reconsideration of passage agreed to by House
02/10/2009Passed House BLOCK VOTE (99-Y 0-N)
02/10/2009VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/11/2009Constitutional reading dispensed
02/11/2009Referred to Committee for Courts of Justice
02/16/2009Impact statement from DPB (HB2257H1)
02/23/2009Reported from Courts of Justice (15-Y 0-N) (see vote tally)
02/24/2009Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/25/2009Read third time
02/25/2009Passed Senate (40-Y 0-N) (see vote tally)
03/04/2009Enrolled
03/04/2009Bill text as passed House and Senate (HB2257ER)
03/05/2009Impact statement from DPB (HB2257ER)
03/05/2009Signed by President
03/06/2009Signed by Speaker
03/30/2009G Approved by Governor-Chapter 647 (effective 7/1/09)
03/30/2009G Acts of Assembly Chapter text (CHAP0647)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.

Comments

Alison Hymes writes:

02/03/09 House: Subcommittee recommends reporting with amendment(s)

No indication of what the amendment(s) is or are though. Making voluntary admission more difficult was never supposed to be the goal of MH law reform. Adding mandatory outpatient treatment(forced drugging) when people leave a hospital as a possibility will use up limited community MH resources for folks who do not want services while people who do want services languish on waiting lists. It will also cost a lot of money if used by hospitals frequently, money that just is not there in the system.

robert alley writes:

What's cheaper, outpatient care or in hospital care? Patients who refuse needed outpatient care will require hospitalization upon relapse.