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April 13, 1994


Appeal from Circuit Court of Macon County. No. 93MH222. Honorable Scott B. Diamond, Judge Presiding.

As Corrected May 9, 1994. Released for Publication June 1, 1994.

Honorable James A. Knecht, J., Honorable Carl A. Lund, J., Honorable Frederick S. Green, J.

The opinion of the court was delivered by: Knecht

JUSTICE KNECHT delivered the opinion of the court:

William Luttrell appeals from an order finding him to be a person subject to continued involuntary hospitalization. (Ill. Rev. Stat. 1991, ch. 91 1/2, par. 3-813.) Luttrell raises three procedural and two substantive arguments in support of the reversal of the order. We find several of the arguments persuasive and reverse.


Luttrell has been hospitalized in the Adolf Meyer Mental Health and Developmental Center (Center) intermittently since 1985. His most recent period of hospitalization apparently began on March 18, 1993. The record does not reflect when the order providing for this hospitalization was entered. On September 20, 1993, 186 days after Luttrell's hospitalization began, Luttrell was examined by two psychiatrists at the Center. Pat Mitchell, a registered nurse at the Center, completed a petition for involuntary hospitalization. The petition was filed the same day. It alleged Luttrell was unable to provide for his basic physical needs so as to guard himself from serious harm. The petition did not indicate the names and addresses of Luttrell's family members, nor was a current treatment plan filed with thecourt. The court set the matter for hearing on the following morning and appointed a public defender to represent Luttrell.

At the September 21, 1993, hearing on the petition, Mitchell testified she had known Luttrell since 1985. On September 16, 1993, Luttrell threw objects about in his room and in the rooms of other patients. On September 18, 1993, Luttrell left the Center, without permission, by breaking a window and exiting through it. Mitchell was not present at the time of Luttrell's "escape"; however, at a later time she heard him comment that he would "raise some hell if he didn't get out." Mitchell opined Luttrell has very little insight into his problems.

Dr. Gilbert Bogen testified he is a psychiatrist and, as of the date of the hearing, had been employed at the Center for two weeks. Based on his review of Luttrell's records, Bogen testified Luttrell "carries a schizoaffective disorder," meaning he has demonstrated symptoms of both a psychotic nature and a mood disorder. Bogen opined Luttrell is mentally ill and is not currently stable on his medication. He additionally opined Luttrell may reasonably be expected to inflict harm upon himself or others and is unable to guard himself from serious physical harm. Bogen arrived at the latter opinion after speaking with Luttrell's father. Bogen represented Luttrell's father did not believe Luttrell would ever be able to live alone.

On cross-examination Bogen testified, to his knowledge, Luttrell had been taking his medication; however, laboratory tests revealed the medication in Luttrell's system was not within the "therapeutic range." Bogen was unable to offer an opinion on the length of the period of hospitalization which would be required after Luttrell's medication is adjusted to fall within the therapeutic range.

Luttrell testified on his own behalf. Luttrell apologized for breaking the window and offered to pay for the damage. He explained he had been denied cigarette smoking privileges and left the Center because he needed cigarettes. He testified he had lived independently in the past and, if released, would live with his brother. Luttrell represented his brother had agreed to such an arrangement. On cross-examination, Luttrell testified his brother was not present at the hearing.

The State called Dr. Alfred Jocson as a rebuttal witness. Jocson testified he had known Luttrell since 1985. Jocson testified Luttrell had been placed on "smoking restriction" because he had been apprehended smoking in his room, in contravention of the Center's rules. According to Jocson, Luttrell told him he (Luttrell) left the Center on September 18, 1993, to acquire and smoke some cigarettes. Jocson testified there had been a possibility of releasing Luttrell andplacing him with his father. Jocson arranged a meeting with Luttrell's father to explore this option; however, Luttrell's father failed to attend the meeting. Since Luttrell's father did not appear to be willing to take Luttrell into his home and since Luttrell's current condition is such that he cannot live alone, Jocson requested Luttrell be remanded to the Center.

At the close of the evidence the trial court made no specific findings of fact, but found the State proved the petition by clear and convincing evidence. The court ordered Luttrell's continued commitment to the Department of Mental Health for a period not to exceed 180 days.

Luttrell appeals, alleging, (1) a current treatment plan was not presented or detailed to the court, (2) the State failed to prove by clear and convincing evidence that hospitalization was the least restrictive treatment alternative, (3) the petition for involuntary admission was untimely, (4) the petition was fatally defective as it did not specify the names and addresses of Luttrell's family members, and (5) the ...

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