405 ILCS 5/5-103
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 5/ - Mental Health and Developmental Disabilities Code.|Chapter V - General Provisions

 (from Ch. 91 1/2, par. 5-103)Sec. 5-103.         The Department, or any health officer of this State or  any municipality where any person subject to involuntary admission or who  meets the standard for judicial admission may be, may inquire into the manner  in which any such person who is not a recipient of services in a state facility  is cared for and maintained.  Whenever the Department has reason to believe  that any person asserted or adjudged to be subject to involuntary admission or  to meet the standard for judicial admission is confined and may be wrongfully  deprived of his liberty, or is cruelly, negligently or improperly treated,  or that inadequate provision is made for his care, supervision and safekeeping,  it may ascertain the facts or may order an investigation of the facts.  The  Department, or any duly authorized representative of the Department, may at  any time visit and examine the persons in any place to ascertain if persons  subject to involuntary admission or who meet the standard for judicial  admission are kept therein.  The Secretary, or any duly  authorized representative of the Department conducting the investigation, may  administer oaths and issue  subpoenas requiring the attendance of and the giving of testimony by witnesses  and subpoenas duces tecum requiring the production of books, papers, records,  or memoranda.  All subpoenas issued under this Act may be served by any  person 18 years of age or older.  The fees of witnesses for attendance and  travel are the  same as the fees of witnesses before the circuit courts of this State.  Such  fees are to be paid when the witness is excused from further attendance.  When the witness is subpoenaed at the instance of the Department or any  officer or employee thereof, such fees shall be paid in the same manner as  other expenses of the Department, and when the witness is subpoenaed at the  instance of any other party to any such proceeding the Department may require  that the cost of service of the subpoena and the fee of the witness be borne  by such party.  In such case the Department, in its discretion, may require  a deposit to cover the cost of such service and witness fees.  A subpoena  issued under this Section must be served in the same manner as a subpoena  issued out of a court.Any court of this State, upon the application of the Department or any  officer or employee thereof may compel the attendance of witnesses, the  production of books, papers, records, or memoranda and the giving of testimony  before the Department or any officer or employee thereof conducting an  investigation or holding a hearing authorized by this Act, by an attachment  for contempt, or otherwise, in the same manner as production of evidence may  be compelled before that court. The Department or any officer or employee  thereof, or any party interested in an investigation or hearing before the  Department, may cause the depositions of witnesses residing within or without  the State to be taken in the manner prescribed by law for like depositions  in civil actions in courts of this State and, to that end, compel the  attendance of witnesses and the production of books, papers, records or  memoranda.Whenever the Department undertakes an investigation into the general  management and administration of any facility, it may give notice to the  Attorney General who shall appear personally or by an assistant and examine  witnesses who may be in attendance and otherwise represent the Department in  such investigation.Any recipient's records or confidential communications disclosed under  this Section or under proceedings pursuant thereto shall not lose their  confidential and privileged character as established by the "Mental Health  and Developmental Disabilities Confidentiality Act", enacted by the 80th  General Assembly; such records or confidential communications shall not  be utilized for any other purpose nor be redisclosed or otherwise discoverable  except in connection with such investigation and proceedings pursuant thereto.    (Source: P.A. 89-507, eff. 7-1-97.)