In June 2008, Illinois put in place a new to loosen what was too strict a standard for care.  The new law is a dramatic expansion of the Illinois commitment standard that will allow families, mental health professionals, and law enforcement personnel to secure needed treatment for someone obviously overcome by the symptoms of mental illness without having to wait for an actual and immediate physical danger. 

“The law is a monumental victory for the mental health system in the State of Illinois,” said Senator Dale Righter, the bill’s chief sponsor, who along with Representative David Leitch guided the bill through the legislature. “The current criteria make it very difficult and sometimes impossible for individuals suffering from mental illness to get the help they need. In many instances, people stop taking necessary medications, and as a result, fail to realize they need those medications, or even that they suffer from an illness. In these situations, a brief involuntary commitment is the only way to ensure someone with a mental illness returns to their medications and ceases to become a danger to themselves or others.”

“The new law has one goal,” agreed Lora Thomas, the executive director of NAMI Illinois. “It offers the hope of getting a loved one with mental illness into treatment. Illinois can no longer retain the right for people to remain dangerously ill.”

Sen. Righter credited family member Karen Gherardini for first bringing the legislation to his attention. “Karen has struggled for years to help a loved one receive appropriate help and treatment. Karen’s perseverance, persistence and dedication to this issue, in addition to the support of so many other families who have loved ones that suffer from a mental illness, have finally paid off.”

Ms. Gherardini, whose frustrated efforts for treatment for her family member sparked her five-year quest for the reforms embodied in new law, said “I am thankful to the many legislators who stood strong and believed a real change was necessary to save lives. I am elated for the many people that will now be given the opportunity to receive treatment to prevent the progression of a cruel disease. At the same time a part of my heart is very sad…because it comes too late for my family member.”

The Illinois law will allow for the placement in treatment of anyone who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is at risk of suffering or continuing to suffer mental deterioration or emotional deterioration, or both, to the point that the person is at risk of engaging in dangerous conduct.

The Illinois law also expands the definition of “dangerous conduct” to include threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a  person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm.

Illinois Standard

Illinois, like each state has its own rules governing when there can be a legal intervention to get treatment for a person with a severe mental illness.  Illinois rules apply to someone who needs treatment but is unable to seek it voluntarily.  Illinois mental health laws outline what steps must be followed and what standards must be met before someone can be ordered into treatment in the hospital or in the community.  Illinois is one of forty four states that allow court-ordered treatment in the community, often called “assisted outpatient treatment” or “outpatient commitment.” Illinois is also among half of the states whose treatment standard is based on a person’s “need for treatment” and not just on the person’s likelihood of being dangerous to self or others. The following summary can be helpful for a family member trying to get court-ordered treatment for a loved one.

For both inpatient and outpatient care, a person must demonstrate a (1) Reasonable expectation of danger to self/others, (2) unable to provide for basic physical needs so as to guard against serious harm without the assistance of others, or (3) unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct.