Editor’s Note

The Illinois legislature has not been in session for several months, but by the end of 2019, a number of laws were enacted that took effect on January 1, 2020. This newsletter highlights a number of them that are applicable to mental health law practitioners. Thanks to Joseph Monahan of the Monahan Law Group, LLC, for forwarding the compilation prepared by members of his firm.

While many court hearings have been suspended due to the COVID-19 pandemic, mental health hearings are not among them. Nevertheless, on April 10, Governor JB Pritzker suspended all admissions to Illinois Department of Human Services Forensic Treatment Programs from all Illinois county jails, with exceptions at the sole discretion of the Secretary of the Illinois Department of Human Services for limited essential admissions. See Executive Order 2020-24, EO2020 24 (003).pdf .

In addition, proceedings on petitions for involuntary admission (commitment) and petitions for involuntary treatment (medication) present unique challenges. Logistics for these hearings in courthouses, private hospitals and State-operated mental health facilities are evolving. As we explore what will become the new normal in mental health court proceedings, attorneys from the Legal Advocacy Service (LAS) of the Illinois Guardianship and Advocacy Commission offer some suggestions based on their experience thus far. Thanks to LAS Director Veronique Baker for preparing an article discussing those suggestions. As we move forward, we will be limited only by technology and our own creativity in ensuring that recipient rights are protected. Please give these issues your considered thought and post in the comments or on the Mental Health Law Section Community.

Stay safe and healthy!