In re Alex T.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0049 Rel

Case Date: 08/15/2007

Preview:No. 2--06--0049 Filed: 8-15-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ In re ALEX T., Alleged to be a Person Subject ) Appeal from the Circuit Court to Involuntary Admission ) of Kane County. ) ) No. 05--MH--155 ) (The People of the State of Illinois, ) Honorable Petitioner-Appellee, v. Alex T., ) Robert L. Janes, Respondent-Appellant). ) Judge, Presiding. ______________________________________________________________________________ JUSTICE BOWMAN delivered the opinion of the court: Alex T., the respondent to an involuntary admission petition, appeals from the grant of that petition by the circuit court of Kane County. He asserts that, because a felony charge was pending against him when the court entered the order, the order was void under section 3--100 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3--100 (West 2004)). We agree. Section 3--100 states that "[t]he circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission." 405 ILCS 5/3--100 (West 2004). We read this to deny the court jurisdiction to involuntarily admit felony defendants, such as respondent. We therefore vacate the involuntary admission order as void. Our primary concern here is to reconcile section 3--100 with section 9 of article VI of the Illinois Constitution (Ill. Const. 1970, art. VI,

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