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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
HB 499 Involuntary commitment; establishes new standard for outpatient commitment.
Introduced by: Phillip A. Hamilton | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Involuntary commitment; outpatient treatment; etc. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. The bill also provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available, and the person has the capacity to comply with such outpatient treatment and has agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed. The bill also provides that, upon request, any health care provider or other provider rendering services to persons subject to emergency custody orders, temporary detention orders, or involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties in relation to such orders or proceedings. Any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. The bill also authorizes a single two-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; expands those persons qualified to perform an independent examination of a person prior to a commitment hearing to include clinical social workers, professional counselors, psychiatric nurse practitioners, and clinical nurse specialists; sets forth factors that may be considered when determining whether probable cause exists to issue an emergency custody order or temporary detention order and factors that shall be considered prior to entry of an involuntary commitment order or mandatory outpatient treatment order; and makes several changes concerning the conduct of prescreening reports and independent examinations and the presentation of these reports or examinations at the required hearings. This bill incorporates HB 816, HB 1322, and HB 1491. This bill is identical to SB 246.
FULL TEXT
- 01/07/08 House: Prefiled and ordered printed; offered 01/09/08 088522820 pdf | impact statement
- 01/30/08 House: Committee substitute printed 081467432-H1 pdf
- 02/09/08 House: Committee substitute printed 082585528-H2 pdf | impact statement
- 02/25/08 Senate: Committee substitute printed 080297248-S1 pdf
- 03/04/08 Senate: Floor substitute printed 089652820-S2 (Howell) pdf
- 03/07/08 House: Bill text as passed House and Senate (HB499ER) pdf | impact statement
- 04/23/08 House: Reenrolled bill text (HB499ER2) pdf
- 04/23/08 Governor: Acts of Assembly Chapter text (CHAP0850) pdf
AMENDMENTS
HISTORY
- 01/07/08 House: Prefiled and ordered printed; offered 01/09/08 088522820
- 01/07/08 House: Referred to Committee for Courts of Justice
- 01/14/08 House: Assigned Courts sub: Mental Health
- 01/28/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)
- 01/28/08 House: Referred to Committee on Appropriations
- 01/30/08 House: Assigned App. sub: Health & Human Resources (Hamilton)
- 01/30/08 House: Committee substitute printed 081467432-H1
- 02/08/08 House: Reported from Appropriations with substitute (24-Y 0-N)
- 02/09/08 House: Committee substitute printed 082585528-H2
- 02/09/08 House: Read first time
- 02/11/08 House: Read second time
- 02/11/08 House: Committee substitute from Courts of Justice rejected 081467432-H1
- 02/11/08 House: Committee substitute from Appropriations agreed to 082585528-H2
- 02/11/08 House: Engrossed by House - committee substitute HB499H2
- 02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/12/08 House: Communicated to Senate
- 02/13/08 Senate: Constitutional reading dispensed
- 02/13/08 Senate: Referred to Committee for Courts of Justice
- 02/14/08 Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
- 02/25/08 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/25/08 Senate: Committee substitute printed 080297248-S1
- 02/26/08 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/27/08 Senate: Read third time
- 02/27/08 Senate: Reading of substitute waived
- 02/27/08 Senate: Committee substitute agreed to 080297248-S1
- 02/27/08 Senate: Passed by for the day
- 02/28/08 Senate: Read third time
- 02/28/08 Senate: Passed by for the day
- 02/29/08 Senate: Passed by for the day
- 03/03/08 Senate: Read third time
- 03/03/08 Senate: Passed by for the day
- 03/04/08 Senate: Read third time
- 03/04/08 Senate: Passed by temporarily
- 03/04/08 Senate: Committee substitute reconsidered (37-Y 3-N)
- 03/04/08 Senate: Committee substitute rejected 080297248-S1
- 03/04/08 Senate: Floor substitute printed 089652820-S2 (Howell)
- 03/04/08 Senate: Reading of substitute waived
- 03/04/08 Senate: Substitute by Senator Howelll agreed to 089652820-S2
- 03/04/08 Senate: Engrossed by Senate - floor substitute HB499S2
- 03/04/08 Senate: Passed Senate with substitute (40-Y 0-N)
- 03/05/08 House: Placed on Calendar
- 03/05/08 House: Senate substitute agreed to by House 089652820-S2 (96-Y 0-N)
- 03/05/08 House: VOTE: --- ADOPTION (96-Y 0-N)
- 03/07/08 House: Enrolled
- 03/07/08 House: Bill text as passed House and Senate (HB499ER)
- 03/07/08 House: Signed by Speaker
- 03/09/08 Senate: Signed by President
- 04/11/08 House: Governor's recommendation received by House
- 04/22/08 House: Placed on Calendar
- 04/23/08 House: House concurred in Governor's recommendation (97-Y 0-N)
- 04/23/08 House: VOTE: --- ADOPTION (97-Y 0-N)
- 04/23/08 Senate: Senate concurred in Governor's recommendation (38-Y 0-N)
- 04/23/08 Governor: Governor's recommendation adopted
- 04/23/08 House: Reenrolled
- 04/23/08 House: Reenrolled bill text (HB499ER2)
- 04/23/08 House: Signed by Speaker as reenrolled
- 04/23/08 Senate: Signed by President as reenrolled
- 04/23/08 Governor: Approved by Governor-Chapter 850 (effective 7/1/08)
- 04/23/08 Governor: Acts of Assembly Chapter text (CHAP0850)