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JOHNSON v. BRELJE

October 1, 1981

WILLIAM JOHNSON, BY HIS CONSERVATOR, RICHARD JOHNSON, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
TERRY BRELJE, PH.D., SUPERINTENDENT OF CHESTER MENTAL HEALTH CENTER, ROBERT DEVITO, DIRECTOR, ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, DEFENDANTS.



The opinion of the court was delivered by: Aspen, District Judge:

SUPPLEMENTAL ORDER

This case came before the court on cross motions for summary judgment. In a Memorandum Opinion and Order issued on August 18, 1981, 521 F. Supp. 723, this court ruled on all issues raised in the cross motions for summary judgment, except for the alleged denial of periodic reviews prior to January 1, 1979. The parties have agreed in open court that this issue is now moot based upon the finding by this court that the defendants cannot be held liable for damages in this action.

In furtherance of the Order and Opinion of August 18, 1981, and in order to fully and finally resolve the issues raised before this court in this case, IT IS HEREBY ORDERED AS FOLLOWS:

Definitions

"Chester" means the Chester Mental Health Center. "DMHDD" means the Illinois Department of Mental Health and Developmental Disabilities.

"Future USTs" means those defendants who will be found unfit to stand trial and referred to DMHDD for admission subsequent to November 1, 1981, and who are assigned to Chester.

"Admission" means the initial placement of a future UST in a facility of DMHDD.

"Transfer" means the reassignment of a future UST from one DMHDD facility to another.

Admissions and Transfers

Effective November 1, 1981, all admissions and transfers to Chester of persons found unfit to stand trial, shall be in accordance with these procedures.

1. Admissions to Chester.

  a. Ten (10) days prior to the proposed placement at
    Chester, DMHDD shall serve written notice to the
    future UST and his attorney, of the proposed
    assignment to Chester. The notice shall include the
    evidentiary basis for the assignment, a statement
    that a hearing may be requested to contest the
    assignment, and the name of the person to whom a
    request for a hearing should be directed.
  b. If a request for a hearing is received prior to the
    scheduled date for admission to Chester a hearing
    will be convened. The hearing will take place within
    fourteen (14) days of receipt of the request.
    A neutral and detached hearing officer will be
    appointed. The hearing officer will be a physician,
    psychiatrist, clinical psychologist or qualified
    examiner; but in no case will s/he have been
    involved in the evaluation process. The future UST
    will ...

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