HB 5269

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Full Text of HB5269
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	HB5269 - 104th General Assembly
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		HB5269 Enrolled		LRB104 18239 RPS 31678 b
1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Guardianship and Advocacy Act is amended by
5changing Sections 2, 4, 5, and 26 as follows:
6    (20 ILCS 3955/2)  (from Ch. 91 1/2, par. 702)
7    Sec. 2. As used in this Act, unless the context requires
8otherwise:
9    (a) "Authority" means a Human Rights Authority.
10    (b) "Commission" means the Guardianship and Advocacy
11Commission.
12    (c) "Director" means the Director of the Guardianship and
13Advocacy Commission.
14    (d) "Guardian" means a court appointed guardian or
15conservator.
16    (e) "Services" includes but is not limited to examination,
17diagnosis, evaluation, treatment, care, training,
18psychotherapy, pharmaceuticals, after-care, habilitation, and
19rehabilitation provided for an eligible person.
20    (f) "Person" means an individual, corporation,
21partnership, association, unincorporated organization, or a
22government or any subdivision, agency, or instrumentality
23thereof.
		HB5269 Enrolled	- 2 -	LRB104 18239 RPS 31678 b
1    (g) "Eligible persons" means individuals who have
2received, are receiving, have requested, or may be in need of
3mental health services, or are ["]persons with a "developmental
4disability" as defined in the federal Developmental
5Disabilities Assistance and Bill of Rights Act of 2000 (42 
6U.S.C. 15002(8)), [Services and Facilities Construction Act ]
7[(Public Law 94-103, Title II),] as now or as hereafter amended,
8or "persons ["]with one or more disabilities" as defined in the
9Rehabilitation of Persons with Disabilities Act.
10    (h) "Rights" includes but is not limited to all rights,
11benefits, and privileges guaranteed by law, the Constitution
12of the State of Illinois, and the Constitution of the United
13States.
14    (i) "Legal Advocacy Service attorney" means an attorney
15employed by or under contract with the Legal Advocacy Service.
16    (j) "Service provider" means any public or private
17facility, center, hospital, clinic, program, or any other
18person devoted in whole or in part to providing services to
19eligible persons.
20    (k) "State Guardian" means the Office of State Guardian.
21    (l) "Ward" means a ward as defined by the Probate Act of
221975, as now or hereafter amended, who is at least 18 years of
23age.
24(Source: P.A. 99-143, eff. 7-27-15.)
25    (20 ILCS 3955/4)  (from Ch. 91 1/2, par. 704)
		HB5269 Enrolled	- 3 -	LRB104 18239 RPS 31678 b
1    Sec. 4. (a) The Commission shall consist of 11 members,
2one of whom shall be a senior citizen age 60 or over, who shall
3be appointed by the Governor, taking into account the
4requirements of State and federal statutes, with the advice
5and consent of the Senate.
6    All appointments shall be filed with the Secretary of
7State by the appointing authority.
8    (b) The terms of the original members shall be 3 one year
9terms, 3 two year terms, and 3 three year terms, all terms to
10continue until a successor is appointed and qualified. The
11length of the terms of the original members shall be drawn by
12lot of the first meeting held by the Commission. The members
13first appointed under this amendatory Act of 1984 shall serve
14for a term of 3 years. Thereafter all terms shall be for 3
15years, with each member serving no more than 2 consecutive
16terms. Vacancies in the membership are to be filled in the same
17manner as original appointments. Appointments to fill
18vacancies occurring before the expiration of a term are for
19the remainder of the unexpired term. A member of the
20Commission shall serve for a term ending on June 30 and until
21his successor is appointed and qualified.
22    (c) The Commission shall annually elect a Chairman and any
23other officers it deems necessary. The Commission shall meet
24at least once every 3 months with the times and places of
25meetings determined by the Chairman. Additional meetings may
26be called by the Chairman upon written notice 7 days before the
		HB5269 Enrolled	- 4 -	LRB104 18239 RPS 31678 b
1meeting or by written petition of 5 members to the Chairman. A 
2majority of the [Six] members of the Commission, excluding 
3vacancies, constitute a quorum.
4    (d) Members of the Commission are not entitled to
5compensation but shall receive reimbursement for actual
6expenses incurred in the performance of their duties.
7(Source: P.A. 83-1538.)
8    (20 ILCS 3955/5)  (from Ch. 91 1/2, par. 705)
9    Sec. 5. (a) The Commission shall establish throughout the
10State such regions as it considers appropriate to effectuate
11the purposes of the Authority under this Act, taking into
12account the requirements of State and federal statutes;
13population; civic, health and social service boundaries; and
14other pertinent factors.
15    (b) The Commission shall act through its divisions as
16provided in this Act.
17    (c) The Commission shall establish general policy
18guidelines for the operation of the Legal Advocacy Service,
19Human Rights Authority and State Guardian in furtherance of
20this Act. Any action taken by a regional authority is subject
21to the review and approval of the Commission. The Commission,
22acting on a request from the Director, may disapprove any
23action of a regional authority, in which case the regional
24authority shall cease such action.
25    (d) The Commission shall hire a Director and staff to
		HB5269 Enrolled	- 5 -	LRB104 18239 RPS 31678 b
1carry out the powers and duties of the Commission and its
2divisions pursuant to this Act and the rules and regulations
3promulgated by the Commission. All staff other than the
4Director shall be subject to the Personnel Code.
5    (e) The Commission shall review and evaluate the
6operations of the divisions.
7    (f) The Commission shall operate subject to the provisions
8of the Illinois Procurement Code.
9    (g) The Commission shall prepare its budget.
10    (h) The Commission shall prepare an annual report on its
11operations and submit the report to the Governor and the
12General Assembly.
13    The requirement for reporting to the General Assembly
14shall be satisfied by filing copies of the report as required
15by Section 3.1 of the General Assembly Organization Act, and
16filing such additional copies with the State Government Report
17Distribution Center for the General Assembly as is required
18under paragraph (t) of Section 7 of the State Library Act.
19    (i) The Commission shall establish rules and regulations
20for the conduct of the work of its divisions, including rules
21and regulations for the Legal Advocacy Service and the State
22Guardian in evaluating an eligible person's or ward's
23financial resources for the purpose of determining whether the
24eligible person or ward has the ability to pay for legal or
25guardianship services received. The determination of the
26eligible person's financial ability to pay for legal services
		HB5269 Enrolled	- 6 -	LRB104 18239 RPS 31678 b
1shall be based upon the number of dependents in the eligible
2person's family unit and the income, liquid assets and
3necessary expenses, as prescribed by rule of the Commission
4of: (1) the eligible person; (2) the eligible person's spouse;
5and (3) the parents of minor eligible persons. The
6determination of a ward's ability to pay for guardianship
7services shall be based upon the ward's estate. An eligible
8person or ward found to have sufficient financial resources
9shall be required to pay the Commission in accordance with
10standards established by the Commission. No fees may be
11charged for legal services given unless the eligible person is
12given notice at the start of such services that such fees might
13be charged. No fees may be charged for guardianship services
14given unless the ward is given notice of the request for fees
15filed with the probate court and the court approves the amount
16of fees to be assessed. All fees collected shall be deposited
17with the State Treasurer and placed in the Guardianship and
18Advocacy Fund. The Commission shall establish rules and
19regulations regarding the procedures of appeal for clients
20prior to termination or suspension of legal services. Such
21rules and regulations shall include, but not be limited to,
22client notification procedures prior to the actual
23termination, the scope of issues subject to appeal, and
24procedures specifying when a final administrative decision is
25made.
26    (j) The Commission shall take such actions as it deems
		HB5269 Enrolled	- 7 -	LRB104 18239 RPS 31678 b
1necessary and appropriate to receive private, federal and
2other public funds to help support the divisions and to
3safeguard the rights of eligible persons. Private funds and
4property may be accepted, held, maintained, administered and
5disposed of by the Commission, as trustee, for such purposes
6for the benefit of the People of the State of Illinois pursuant
7to the terms of the instrument granting the funds or property
8to the Commission.
9    (k) The Commission may expend funds under the State's plan
10to protect and advocate the rights of persons with a
11developmental disability established under the federal
12Developmental Disabilities Assistance and Bill of Rights Act 
13of 2000 [Services and Facilities Construction Act (Public Law ]
14[94-103, Title II)]. If the Governor designates the Commission
15to be the organization or agency to provide the services
16called for in the State plan, the Commission shall make these
17protection and advocacy services available to persons with a
18developmental disability by referral or by contracting for
19these services to the extent practicable. If the Commission is
20unable to so make available such protection and advocacy
21services, it shall provide them through persons in its own
22employ.
23    (l) The Commission shall, to the extent funds are
24available, monitor issues concerning the rights of eligible
25persons and the care and treatment provided to those persons,
26including but not limited to the incidence of abuse or neglect
		HB5269 Enrolled	- 8 -	LRB104 18239 RPS 31678 b
1of eligible persons. For purposes of that monitoring the
2Commission shall have access to reports of suspected abuse or
3neglect and information regarding the disposition of such
4reports, subject to the provisions of the Mental Health and
5Developmental Disabilities Confidentiality Act.
6(Source: P.A. 100-1148, eff. 12-10-18.)
7    (20 ILCS 3955/26)  (from Ch. 91 1/2, par. 726)
8    Sec. 26. Subject to the provisions of Section 19, a
9regional authority may make public its findings and
10recommendations. It shall include in any such public statement
11any reply made by the State agency, service provider, or other
12person investigated, if requested by the provider. The
13provider or person shall have opportunity to review and object
14to any proposed public findings and recommendations. If the
15provider requests, the objections shall be included with
16public findings and recommendations issued by the regional
17authority in this matter.
18(Source: P.A. 80-1416.)
19    Section 10. The Mental Health and Developmental
20Disabilities Code is amended by changing Sections 1-110,
211-129, and 3-805 and by adding Section 1-128.5 as follows:
22    (405 ILCS 5/1-110)  (from Ch. 91 1/2, par. 1-110)
23    Sec. 1-110. "Guardian" means the court-appointed [court ]
		HB5269 Enrolled	- 9 -	LRB104 18239 RPS 31678 b
1[appointed] guardian [or conservator] of the person.
2(Source: P.A. 80-1414.)
3    (405 ILCS 5/1-128.5 new)
4    Sec. 1-128.5. Under guardianship. "Under guardianship", in 
5reference to a person or recipient, means an individual for 
6whom a guardian has been appointed.
7    (405 ILCS 5/1-129)
8    Sec. 1-129. Mental illness. "Mental illness" means a
9mental, or emotional disorder that substantially impairs a
10person's thought, perception of reality, emotional process,
11judgment, behavior, or ability to cope with the ordinary
12demands of life, but does not include a developmental
13disability, a neurocognitive disorder [dementia or Alzheimer's ]
14[disease] absent psychosis, a substance use disorder, or an
15abnormality manifested only by repeated criminal or otherwise
16antisocial conduct.
17(Source: P.A. 100-759, eff. 1-1-19.)
18    (405 ILCS 5/3-805)  (from Ch. 91 1/2, par. 3-805)
19    Sec. 3-805. Every respondent alleged to be subject to
20involuntary admission on an inpatient or outpatient basis
21shall be represented by counsel. If the respondent is indigent
22or an appearance has not been entered on his behalf at the time
23the matter is set for hearing, the court shall appoint counsel
		HB5269 Enrolled	- 10 -	LRB104 18239 RPS 31678 b
1for him. A hearing shall not proceed when a respondent is not
2represented by counsel unless, after conferring with counsel,
3the respondent requests to represent himself and the court is
4satisfied that the respondent has the capacity to make an
5informed waiver of his right to counsel. Counsel shall be
6allowed time for adequate preparation and shall not be
7prevented from conferring with the respondent at reasonable
8times nor from making an investigation of the matters in issue
9and presenting such relevant evidence as he believes is
10necessary.
11    1. If the court determines that the respondent is unable
12to obtain counsel, the court shall appoint as counsel an
13attorney employed by or under contract with the Guardianship
14and [Mental Health] Advocacy Commission, if available.
15    2. If an attorney from the Guardianship and [Mental Health]
16Advocacy Commission is not available, the court shall appoint
17as counsel the public defender or, only if no public defender
18is available, an attorney licensed to practice law in this
19State.
20    3. Upon filing with the court of a verified statement of
21legal services rendered by the private attorney appointed
22pursuant to paragraph (2) of this Section, the court shall
23determine a reasonable fee for such services. If the
24respondent is unable to pay the fee, the court shall enter an
25order upon the county to pay the entire fee or such amount as
26the respondent is unable to pay.
		HB5269 Enrolled	- 11 -	LRB104 18239 RPS 31678 b
1(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)