In re Benny M.

Illinois Supreme Court
Civil Court
Involuntary Administration of Medication
Citation
Case Number: 
2017 IL 120133
Decision Date: 
Thursday, November 30, 2017
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
KILBRIDE

Prior to ordering restraints in involuntary treatment proceedings,trial court must give Respondent's attorney an opportunity to be heard and must state on the record the reasons for allowing the Respondent to remain shackled. Any factors considered should bear on risk of flight, threats to people in the courtroom, or maintaining order during the hearing. A more specific objection was required to preserve Respondent's procedural arguments for review, given that procedure for allowing restraints in involuntary treatment proceedings was not established at time of hearing. (KARMEIER, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)