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Treatment Advocacy Center

Analysis of SB 234

ILLINOIS SENATE BILL 234

Subject: Modification to Illinois Standard for Commitment

Currently:  Signed into Law (Public Act 95-602 (2007)) – effective June 1, 2008

Chief Senate Sponsor:    Senator Dale Righter (55th Dist.)

Chief House Sponsor:    Representative David Leitch (73rd Dist.)

Analysis Date:       May 29, 2007 (updated 9-12-07)

Version Analyzed:   as modified by House Amendment 1

PRIOR ACTIONS

2-07-07             Introduced

3-08-07             Senate Human Services – Do Pass (11-0)

5-10-07             Senate Floor – Do Pass (56-0)

5-25-07           House Judiciary I (Civil Law Committee) – Do Pass (11-2)

5-31-07           House Floor – Do Pass (108-6-1)

9-11-07            Signed into law by Governor Rod Blagojevich

 SUMMARY  S.B. 234 expands the scope of Illinois commitment criteria, which formerly required that a person with a severe mental illness be “expected to inflict serious physical harm” in the near future before a court can authorize involuntary treatment.  The new criteria permit court-ordered treatment for individuals who, while not presenting a demonstrable threat of immediate physical harm to themselves or others, are clearly in need of psychiatric care and whose condition is likely to create a risk of serious harm to the person or others absent treatment.   

CURRENT LAW 

Under the current law (405 Ill. Comp. Stat. Sec. 5/1-119) a person in crisis because of the symptoms of an acute mental illness may only be court-ordered into inpatient or outpatient treatment on one of the two following circumstances:

(1) A person with mental illness and who because of his or her illness is reasonably expected to inflict serious physical harm upon himself or herself or another in the near future which may include threatening behavior or conduct that places another individual in reasonable expectation of being harmed; or  

(2) A person with mental illness and who because of his or her illness is unable to provide for his basic physical needs so as to guard himself or herself from serious harm without the assistance of family or outside help.

SENATE BILL 234

The new standard in S.B. 234 (Sec. 5/1-119 (c)) will allow for the placement in treatment of anyone who:

...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 at risk of suffering or continuing to suffer mental deterioration or emotional deterioration, or both, to the point that the person is at risk of engaging in dangerous conduct.

SB 234 will also add the following definition of “dangerous conduct” (Sec. 5/1-104.5):

"Dangerous conduct" means threatening behavior or conduct that 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.

BACKGROUND AND DISCUSSION

During the 1960s and 1970s, state laws governing involuntary treatment of severe mental illnesses, such as schizophrenia and manic-depression, were changed to require a court finding of immediate dangerousness to the person or to others.   Illinois’ current standard, which predicates treatment interventions on actual physical danger, is one such law.   While well intentioned, these reforms resulted in many of the most severely ill going without needed treatment and, in too many cases, becoming homeless, incarcerated, suicidal, victimized or prone to violent episodes: 

• In 1999, the Department of Justice reported that as much as 16 percent of the population of state jails and prisons, more than 260,000 individuals, suffer from severe mental illnesses.
• At least 150,000 to 200,000 people, or one-third of the nation’s homeless population, suffer from severe mental illnesses
• About 5,000 people suffering from schizophrenia or bipolar illness commit suicide each year.

In response to these tragic consequences, about half the states have adopted reformed standards over the last two decades.  These standards encompass factors such as deteriorating condition, need for treatment, inability to make informed treatment decisions, likelihood of becoming dangerous absent treatment, and the capability of independent functioning.    No standard of this type has ever been invalidated; the highest courts of Washington (1986), Wisconsin (2002) and New York (2004) each unanimously found their state’s progressive criteria to be constitutional.

Senate Bill 234 is a dramatic expansion of the Illinois commitment standard that will allow families, mental health professionals, and law enforcement personnel to secure needed treatment for someone obviously overcome by the symptoms of mental illness without having to wait for an actual and immediate physical danger.