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People v. Demir

June 26, 2001

IN THE MATTER OF SAKIN DEMIR, A PERSON FOUND SUBJECT TO INVOLUNTARY ADMISSION,
THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
SAKIN DEMIR, RESPONDENT-APPELLANT.



Appeal from Circuit Court of Champaign County No. 00MH17 Honorable Ann A. Einhorn, Judge Presiding.

The opinion of the court was delivered by: Justice Knecht

Not Released For Publication

IN THE MATTER OF SAKIN DEMIR, A PERSON FOUND SUBJECT TO INVOLUNTARY ADMISSION,
THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
SAKIN DEMIR, RESPONDENT-APPELLANT.

Appeal from Circuit Court of Champaign County No. 00MH17 Honorable Ann A. Einhorn, Judge Presiding.

The opinion of the court was delivered by: Justice Knecht

On August 24, 2000, the State filed a petition seeking involuntary admission of Sakin Demir to a mental health facility. After a hearing on August 28, 2000, the trial court ordered Demir to be admitted as an involuntary psychiatric patient to Zeller Mental Health Center for up to 180 days. Demir appeals, arguing the circuit court erred in denying his motions to dismiss for the State's alleged failure (1) to comply with statutory detention procedures and (2) to file the petition within the appropriate time frame. We reverse.

 I. BACKGROUND

On August 22, 2000, Demir, a 30-year-old resident of Champaign, Illinois, was allegedly attacked by another man. According to Demir, the two men traded blows, and Demir then pulled a knife and forced the man to retreat. Demir viewed his actions as taken in self- defense.

Police later arrived at the scene, apprehended Demir, and took him to the Provena-Covenant Hospital emergency room. According to hospital records, Demir was admitted to the psychiatric unit of the hospital on August 22, 2000. The prosecutor at trial stated a petition for involuntary commitment under the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/1-100 through 6-107 (West 1998)) was prepared on August 22, 2000, but not filed with the court. The prosecutor further "recited that since the initial petition could not be filed within the 24-hour period, a second petition was prepared and filed within 24 hours of the completion of the first certificate." On August 23, 2000, Rob Stewart, a licensed clinical social worker, executed a second petition for involuntary commitment under the Code, asserting (1) respondent was mentally ill and because of that mental illness was reasonably expected to inflict serious physical harm on himself or another in the near future and (2) "the petition recited that within 12 hours of admission, Stewart gave respondent a copy of the petition on August 23, 2000, at 0930." The first certificate to the second petition was based on an examination of Demir by Dr. Albert Lo held at 10:30 a.m. on August 23, 2000. The second certificate to the second petition was based on an examination of Demir by Dr. J.A. Gergen held at 9:30 a.m. on August 24, 2000. On August 24, 2000, at 11:32 a.m., the prosecutor filed the petition and certificates with the court, seeking emergency admission by certificate. 405 ILCS 5/3-600 through 3- 611 (West 1998).

On August 28, 2000, the circuit court conducted a bench trial. Prior to hearing evidence on the petition, the court heard respondent's motion to dismiss the petition based on a failure to file the petition within 24 hours of respondent's entry to the mental health facility. The court stated it did not find cause for dismissal.

The trial court then heard respondent's motion to dismiss for failure to comply with the emergency petition procedures required by the Code. Demir argued the police officers should have completed the petition upon their appearance at the mental health facility to authorize the detention. 405 ILCS 5/3-606 (West 1998). The State responded any adult may file a petition to commit under the Code. 405 ILCS 5/3-601 (West 1998). The court denied the motion.

The trial court then heard evidence on the petition and found the petition proved. Demir moved for dismissal based on the State's failure to submit a treatment plan and dispositional report as required by the Code. 405 ILCS 5/3-810 (West 1998). The State submitted a two- page report entitled "Comprehensive Examination and Social Investigation," four pages of progress notes by Dr. Lo, and two pages of a crisis-screening form. The court denied the motion and found the documents submitted along with the testimony of Dr. Lo were sufficient.

The circuit court found respondent to be a person subject to involuntary admission and ordered him hospitalized in the Department of Mental ...


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