§ 3-805

Illinois § 3-805

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 405: MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES
• Act 405 ILCS 5/: Mental Health and Developmental Disabilities Code.
• Art.: Chapter III - Admission, Transfer And Discharge Procedures For The Mentally Ill

Text

Every respondent alleged to be subject to involuntary admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint counsel for him. A hearing shall not proceed when a respondent is not represented by counsel unless, after conferring with counsel, the respondent requests to represent himself and the court is satisfied that the respondent has the capacity to make an informed waiver of his right to counsel. Counsel shall be allowed time for adequate preparation and shall not be prevented from conferring with the respondent at reasonable times nor from making an investigation of the matters in issue and presenting such relevant evidence as he believes is necessary. 1. If the court determines that the respondent is unable to obtain counsel, the court shall appoint as counsel an attorney employed by or under contract with the Guardianship and Mental Health Advocacy Commission, if available. 2. If an attorney from the Guardianship and Mental Health Advocacy Commission is not available, the court shall appoint as counsel the public defender or, only if no public defender is available, an attorney licensed to practice law in this State. 3. Upon filing with the court of a verified statement of legal services rendered by the private attorney appointed pursuant to paragraph (2) of this Section, the court shall determine a reasonable fee for such services. If the respondent is unable to pay the fee, the court shall enter an order upon the county to pay the entire fee or such amount as the respondent is unable to pay.

Legislative History

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)