People v. Tommy B.

867 N.E.2d 1212, 372 Ill. App. 3d 677, 311 Ill. Dec. 226, 2007 Ill. App. LEXIS 403
CourtAppellate Court of Illinois
DecidedApril 18, 2007
Docket4-06-0690
StatusPublished
Cited by15 cases

This text of 867 N.E.2d 1212 (People v. Tommy B.) 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. Tommy B., 867 N.E.2d 1212, 372 Ill. App. 3d 677, 311 Ill. Dec. 226, 2007 Ill. App. LEXIS 403 (Ill. Ct. App. 2007).

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

In July 2006, the trial court found respondent, Tommy B., subject to involuntary admission to a mental-health facility (405 ILCS 5/1—119(1), (2) (West 2004)). Respondent appeals, arguing reversal is warranted because (1) the petition was defective, (2) no clear and convineing evidence supported respondent’s involuntary commitment, and (3) hospitalization was not the least-restrictive treatment alternative. We affirm.

I. BACKGROUND

On July 17, 2006, a licensed practical nurse at Memorial Medical Center (Memorial), Jolynne A. Ralston, filed a petition for the involuntary admission of respondent, a voluntary admittee who had filed a written notice requesting discharge. The petition alleged respondent was mentally ill and by reason of his mental illness (1) was reasonably expected to inflict serious physical harm upon himself or another in the near future, or (2) was unable to provide for his basic physical needs so as to guard himself from serious harm. In support of those allegations, Ralston provided the following factual basis:

“[Respondent] has a chronic mental illness and is noneompliant with medication and mental[-]health services. He has threatened staff. He threatened to ‘beat the shit[’] out of a staff member. He also attempted to hit staff[’]s hand with phone receiver.”

Ralston left the following portion of the petition blank:

“Listed below are the names and addresses of the spouse, parent, guardian, or surrogate decision maker, if any, and close relative or, if none, a friend of the respondent whom I have reason to believe may know or have any of the other names and addresses. If names and addresses are not listed below, the following describes my efforts to identify and locate these individuals.”

The petition was accompanied by the certificates of two psychiatrists.

The trial court set a hearing on the petition for July 21, 2006. On respondent’s motion, and over the State’s objection, the hearing was continued until July 28, 2006.

At the hearing on July 28, 2006, psychiatrist James Black testified he was board certified and currently respondent’s treating physician. Dr. Black examined respondent on July 27, 2006. During the examination, respondent exhibited signs of mental illness, including delusions, pressured speech, grandiosity, increased energy, and difficulty with sleep. Respondent did not threaten anyone during that conversation. However, Dr. Black testified that during the hospital stay respondent had been threatening and insulting to others.

Dr. Black diagnosed respondent with bipolar disorder with mania and psychosis. Dr. Black believed, within a reasonable degree of medical certainty, that because of his mental illness, respondent was unable to provide for his basic physical needs so as to guard himself from serious harm. Dr. Black testified that respondent had a number of potentially life-threatening medical disorders, including recurrent renal cell carcinoma, right periaortic mass of cancer, severe papillary thyroid disease, and chronic renal failure (hereinafter referred to as “nonpsychiatric medical disorders”). Respondent could not understand his medical risks, the treatments offered, and risks if he does not get treatment for his nonpsychiatric medical disorders.

Dr. Black also believed, within a reasonable degree of medical certainty, that respondent was reasonably expected to inflict serious physical harm upon himself or another within the immediate future. Dr. Black testified that if respondent left his supervised setting, he would “fairly quickly decompensate and be dangerous to himself or others quickly.” He based this conclusion on the fact that respondent had done so on an almost daily basis at the hospital (presumably during his voluntary admission). On a number of occasions, almost every day, respondent had threatened others, causing respondent to require restraints and medications to stabilize him.

In light of his opinions, Dr. Black believed respondent needed treatment. A treatment plan had been formulated and was admitted into evidence without objection for the limited purpose of the dispositional hearing. According to Dr. Black, the treatment plan was the least-restrictive alternative. Based on the treatment plan, Dr. Black recommended respondent be treated at Memorial for a period not to exceed 90 days.

Dr. Black did not testify in detail regarding the treatment plan. However, an examination of the treatment plan reveals that respondent’s plan of care had been revised to require restriction to his room with supervision to be evaluated daily. The July 24, 2006, progress report indicates that due to respondent’s threatening behavior, inability to comply with limit setting, and actual staff assaults, respondent was restricted to his room or under staff supervision outside of his room. No one was permitted to enter respondent’s room alone. Any threats of harm to others would result in seclusion or restraints.

On cross-examination, Dr. Black admitted that in some cases psychosis could be caused by thyroid disease. However, Dr. Black did not believe thyroid disease caused respondent’s psychosis.

The delusions respondent suffered from included respondent’s belief that he had been a pharaoh and that bullets could pass through him. When asked what delusion would place respondent or another in serious physical harm, Dr. Black responded that respondent refused treatment for his cancer. Dr. Black later explained, however, that respondent had not been offered treatment for his cancer at this point but had only been offered diagnostic studies.

According to Dr. Black, respondent had interfered with treatment for his thyroid disease by pulling out his IV (intravenous) and heart-rhythm monitor. Other examples of delusional beliefs that placed respondent or another in serious harm included respondent’s belief that he was going to live forever and delusions that caused respondent to attack other patients and threaten to kill staff.

Dr. Black testified respondent currently received treatment from physicians and other personnel in oncology, renal, endocrinology, and nutrition. Respondent could not be discharged to a medical floor to obtain that treatment because he was too mentally ill. If respondent were on a medical floor, his behavior would be too much for them to manage, and respondent would be unsafe.

Respondent took his psychiatric medication some of the time. Respondent’s last incident of assaultive behavior occurred the previous weekend. After that, Dr. Black started a new behavioral program and confined respondent to his room. Respondent had been doing better under the new program.

Respondent, who was represented by counsel, testified on his own behalf. When asked if he would like to say anything regarding the allegations of aggression, respondent explained two incidents. On one occasion, an orderly or nurse named David kept pushing respondent. Respondent told David he was going to his room and not to push him anymore.

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Cite This Page — Counsel Stack

Bluebook (online)
867 N.E.2d 1212, 372 Ill. App. 3d 677, 311 Ill. Dec. 226, 2007 Ill. App. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tommy-b-illappct-2007.