People v. M.A.

826 N.E.2d 1071, 356 Ill. App. 3d 733, 292 Ill. Dec. 635, 2005 Ill. App. LEXIS 297
CourtAppellate Court of Illinois
DecidedMarch 31, 2005
Docket1-04-0166 Rel
StatusPublished
Cited by2 cases

This text of 826 N.E.2d 1071 (People v. M.A.) 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. M.A., 826 N.E.2d 1071, 356 Ill. App. 3d 733, 292 Ill. Dec. 635, 2005 Ill. App. LEXIS 297 (Ill. Ct. App. 2005).

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Following a bench trial, the circuit court found respondent M.A. subject to continued involuntary admission under the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/1 — 100 et seq. (West 2002)) and ordered her to remain hospitalized. On appeal, respondent contends that the trial court erred by denying her motion for a bifurcated hearing and by admitting her predispositional report into evidence prior to determining whether she was a person subject to involuntary admission. We affirm.

At all relevant times, respondent was a patient in the Tinley Park Mental Health Center. A petition was filed on December 23, 2003, seeking the continued involuntary admission of respondent pursuant to section 3 — 813 of the Code (405 ILCS 5/3 — 813 (West 2002)). The petition alleged that respondent was mentally ill and a danger to herself and others.

William Johnston, a licensed clinical social worker, issued a certificate stating that in his opinion, respondent was mentally ill, a danger to herself and others, and unable to provide for her basic physical needs. Dr. Sunil Ballal, respondent’s psychiatrist, also issued a certificate stating that in his opinion, respondent was mentally ill, paranoid, easily agitated, and delusional.

A hearing was scheduled based on the petition and two certificates. At the hearing, respondent’s attorney verbally requested to bifurcate the proceedings, arguing that the trial court should first consider testimony regarding whether respondent is subject to involuntary admission and, if so, then consider testimony regarding the least restrictive means of treatment. Respondent’s counsel argued bifurcation was necessary due to hearsay issues involved with documents that should not be reviewed until after the dispositional phase of the hearing was complete. The trial court denied respondent’s motion and allowed the predispositional report to be admitted into evidence over respondent’s objection.

Respondent does not contest the sufficiency of the evidence supporting her involuntary admission. In brief, at the hearing, Mary Montgomery, a registered nurse at Tinley Park Mental Health Center, testified that while she was trying to administer medication, respondent hit her on the nose.

Dr. Ballal testified that respondent suffered from “chronic paranoid schizophrenia” and had been hospitalized six times in the past. In his opinion, respondent would be a danger to herself and others if discharged. Dr. Ballal stated that releasing respondent to her family was not possible because the family had refused to accept her.

Respondent, against her counsel’s advice, testified that she wished to be discharged from the hospital. Respondent stated that she had been at the hospital six years, since November 1, 2000. When asked when she was last out of the hospital, respondent stated “I guess 2005.”

The trial court found that respondent was a person subject to involuntary admission and ordered that she be hospitalized in the Department of Mental Health and Developmental Disabilities. The court noted that at one point during the hearing, it had thought a less restrictive alternative than hospitalization might be appropriate for respondent; however, the court found her statements at trial established that she was delusional and required continued involuntary admission and hospitalization.

On appeal, respondent contends that sections 3 — 810 and 3 — 811 of the Code (405 ILCS 5/3 — 810, 3 — 811 (West 2002)) required a bifurcated hearing process. Specifically, respondent argues that the trial court erred by not conducting two separate hearings, one to determine if respondent was a person subject to involuntary admission and another to determine how and where respondent would be treated. Further, respondent argues that the trial court erred by considering respondent’s predisposition report prior to determining whether she was subject to involuntary admission. We disagree.

Section 3 — 810 of the Code, which applies to involuntary admissions, states:

“Before disposition is determined, the facility director or such other person as the court may direct shall prepare a written report including information on the appropriateness and availability of alternative treatment settings, a social investigation of the respondent, a preliminary treatment plan, and any other information which the court may order. The treatment plan shall describe the respondent’s problems and needs, the treatment goals, the proposed treatment methods, and a projected timetable for their attainment. If the respondent is found subject to involuntary admission, the court shall consider the report in determining an appropriate disposition.” (Emphasis added.) 405 ILCS 5/3 — 810 (West 2002).

Section 3 — 811 of the Code, entitled “Involuntary admission; alternative mental health facilities,” states in pertinent part: “If any person is found subject to involuntary admission, the court shall consider alternative mental health facilities which are appropriate for and available to the respondent, including but not limited to hospitalization.” 405 ILCS 5/3 — 811 (West 2002).

Involuntary admission procedures implicate substantial liberty interests and, therefore, statutes governing the applicable procedures should be construed narrowly. In re Michelle J., 209 Ill. 2d 428, 437 (2004). However, those interests “must be balanced against the dual objectives of involuntary admissions generally, which are to provide care for those who are unable to care for themselves, and to protect society from the dangerously mentally ill.” In re Robinson, 151 Ill. 2d 126, 130-31 (1992). Procedural safeguards set forth in the Code are not mere technicalities. In re Nancy A., 344 Ill. App. 3d 540, 549 (2003). Noncompliance with a statutorily prescribed involuntary commitment procedure renders the trial court’s judgment erroneous and of no effect. In re Nancy A., 344 Ill. App. 3d at 550; In re Lanter, 216 Ill. App. 3d 972, 974 (1991).

We will not rewrite a statute under the guise of statutory construction or depart from a statute’s plain language by reading into it conditions, exceptions, or limitations not expressed by the legislature. In re Michelle J., 209 Ill. 2d at 437. Statutory mandates cannot be compromised simply for the sake of administrative convenience. In re Michelle J., 209 Ill. 2d at 436.

Neither the language of the Code nor case law requires a bifurcated hearing process. The language of sections 3 — 810 and 3 — 811 requires a trial court to make two findings, whether the respondent is subject to involuntary admission and, if so, where and how she should be treated. However, the language of the statute does not explicitly require a bifurcated hearing procedure to reach such a result (see 405 ILCS 5/3 — 810, 3 — 811 (West 2002)), and a court “cannot read words into a statute that are not there.” Chicago Tribune Co. v. Board of Education, 332 Ill. App.

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Bluebook (online)
826 N.E.2d 1071, 356 Ill. App. 3d 733, 292 Ill. Dec. 635, 2005 Ill. App. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ma-illappct-2005.