People v. Hilton

545 N.E.2d 757, 189 Ill. App. 3d 821, 137 Ill. Dec. 104, 1989 Ill. App. LEXIS 1270
CourtAppellate Court of Illinois
DecidedAugust 24, 1989
DocketNo. 3—89—0043
StatusPublished

This text of 545 N.E.2d 757 (People v. Hilton) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hilton, 545 N.E.2d 757, 189 Ill. App. 3d 821, 137 Ill. Dec. 104, 1989 Ill. App. LEXIS 1270 (Ill. Ct. App. 1989).

Opinion

JUSTICE BARRY

delivered the opinion of the court:

Respondent Lyle Hilton appeals from an order of the circuit court of Peoria County for his continued involuntary hospitalization in the Department of Mental Health and Developmental Disabilities (DMHDD) for 180 days. Respondent cites several procedural deficiencies in the petition for admission and supporting certificates, and contends that he was deprived of his right to counsel, that the trial court failed to consider treatment alternatives, and that the evidence admitted at his hearing failed to support an involuntary admission. We affirm.

Procedurally, respondent first complains that the petition for admission filed on December 28, 1988, was untimely. Respondent relies upon section 3 — 813(a) of the Mental Health and Developmental Disabilities Code (the Code) (Ill. Rev. Stat. 1987, ch. 91V2, par. 3— 813(a)), which restricts periods of initial involuntary admissions and the first subsequent extension of involuntary hospitalization to 60 days. If the second petition is not filed before the expiration of the first 60-day period, the patient must be discharged. (Ill. Rev. Stat. 1987, ch. 9IV2, par. 3 — 813(a).) Under subparagraph (b) of that section, the statute provides that “[additional 180-day periods of treatment may be sought pursuant to the procedures set out in [subsection (a)] for so long as the patient continues to be subject to involuntary admission.” (Ill. Rev. Stat. 1987, ch. 9IV2, par. 3 — 813(b).) In support of his argument that subparagraph (a) applies, rather than subparagraph (b), respondent suggests that he was initially hospitalized by an order of the Peoria County circuit court dated October 26, 1988.

In fact, the record on appeal establishes that respondent has been continuously hospitalized on an involuntary basis since at least May 6, 1987. According to testimony admitted at respondent’s hearing on the petition here at issue, respondent has been hospitalized continuously since 1977 or 1978. Prior to his transfer to Zeller Mental Health Center in Peoria on March 23, 1988, respondent was a patient at Chester Mental Health Center in Randolph County. The record contains copies of orders for hospitalization entered by the circuit court of Randolph County on May 6 and July 22,1987, and March 14,1988.

On September 14, 1988, 183 days after the last Randolph County order, a petition was filed in the circuit court of Peoria County seeking an additional period of treatment. After a hearing, the court’s order for further hospitalization was entered on October 26, 1988, without specifying the period of treatment. Respondent did not appeal from this order. Then, on December 28, another petition for involuntary admission was filed with the circuit court of Peoria County, and the matter was set for a January 4, 1989, hearing.

Respondent invites us to speculate that, lacking any documentary evidence that he was not discharged or converted to voluntary status at some point between March 14 and September 14, 1988, the October 26 admission must be considered an initial admission for 60 days. Since the December 28 petition was filed 64 days after the October 26 admission, the argument continues, it was untimely and respondent is entitled to a discharge. See In re Smith (1986), 145 Ill. App. 3d 1002, 496 N.E.2d 497 (wherein court on review determined that petition for continuing hospitalization filed a week after period of initial involuntary hospitalization expired was untimely, rendering trial court’s order on second petition invalid).

The record before us contains no transcript of the October 26 hearing. At his hearing on January 4, 1989, respondent was represented by counsel and no objection was raised as to the timeliness of the December 28 petition. In the absence of any evidence that the period of treatment ordered on October 26 was for less than 64 days, we will not assume that the December 28 petition was untimely. Moreover, the testimony admitted at respondent’s hearing of January 4 belies respondent’s current position. Both respondent himself and his treating physician testified that respondent has been institutionalized continuously pursuant to court order. This testimony, coupled with the documentary evidence of record, supports the petitioner’s position that both the September 14 petition and the one on December 28 were brought pursuant to section 3 — 813(b) of the Code for continued treatment periods up to 180 days.

Any untimeliness of the September 14 petition has been waived by failure to appeal from the court’s October 26 order extending respondent’s hospitalization under section 3 — 813(b). We will not retroactively rectify the petitioner’s failure to discharge respondent upon expiration of the 180-day period in September 1988 by viewing the September 14 petition as an initial commitment period when it is clear that it was not in fact. (See In re Vancil (1989), 183 Ill. App. 3d 204, 538 N.E.2d 1372 (an action treated by the circuit court as one for continuation of hospitalization cannot be validated as one brought under section 3 — 701(a) as an initial involuntary admission merely because the patient was not released after 60 days as required under section 3 — 813(a) of the Code).) At worst, it would appear that the court-ordered periods of continued treatment overlapped; but where, as in this case, further judicial review is indicated, such overlapping does not invalidate the later petition.

Respondent’s second procedural attack relates to Dr. Aranas’ certificate in support of the December 28 petition. Section 3 — 703 of the Code requires that a petition for involuntary admission be supported by a psychiatric certification examination in addition to certification by a qualified examiner. The Code defines a psychiatrist as “a physician *** who has at least 3 years of formal training or primary experience in the diagnosis and treatment of mental illness.” Ill. Rev. Stat. 1987, ch. 911/2, par. 1 — 121.

Dr. Maria Aranas showed her title as “physician” on the face of the certificate in question. A second certificate accompanying the petition was signed by Chris LaRue, a clinical social worker — by definition, a qualified examiner for purposes of the Code (Ill. Rev. Stat. 1987, ch. 911/2, par. 1 — 122). Pursuant to section 3 — 702(b) of the Code (Ill. Rev. Stat. 1987, ch. 911/2, par. 3 — 702(b)), the hearing was set for January 4. At the hearing, Dr. Aranas took the witness stand in support of the petition. Counsel for respondent immediately stipulated to Aranas’ qualifications, and the record is otherwise silent on this point.

In In re Stone (1989), 178 Ill. App. 3d 1084, 534 N.E.2d 213, we reversed judgment ordering the involuntary admission of respondent Stone for failure to file a psychiatrist’s certificate in addition to that of a qualified examiner. Dr. Aranas was the certifying physician in Stone as well. However, to the extent that the opinion in Stone does not disclose whether Dr. Aranas testified in Stone’s hearing or whether counsel for Stone stipulated to her qualifications, we do not believe that the facts before us today compel the same disposition on review.

Rather, we find guidance in In re Hightshoe (1987), 155 Ill. App. 3d 371,

Related

People v. Peterson
446 N.E.2d 565 (Appellate Court of Illinois, 1983)
People v. Walters
539 N.E.2d 454 (Appellate Court of Illinois, 1989)
People v. Vancil
538 N.E.2d 1372 (Appellate Court of Illinois, 1989)
People v. Stone
534 N.E.2d 213 (Appellate Court of Illinois, 1989)
People v. Smith
496 N.E.2d 497 (Appellate Court of Illinois, 1986)
People v. Elkow
521 N.E.2d 290 (Appellate Court of Illinois, 1988)
People v. Hightshoe
508 N.E.2d 488 (Appellate Court of Illinois, 1987)

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Bluebook (online)
545 N.E.2d 757, 189 Ill. App. 3d 821, 137 Ill. Dec. 104, 1989 Ill. App. LEXIS 1270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hilton-illappct-1989.