Right to counsel

NOTE: this is a very complex area of law, especially as it relates to stay-at-home orders issued by the states.  Please read our primer on quarantine/isolation law before reading this specific state law.

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There is a right to counsel for people subject to quarantine or isolation and owners of places subject to quarantine.  However, isolation of individuals and quarantine of places due to sexually transmissible infection is governed by the Illinois Sexually Transmissible Infection Control Act, which does not provide a right to counsel.

Illinois’ State Department of Public Health “…has supreme authority in matters of quarantine and isolation, and may declare and enforce quarantine and isolation when none exists, and may modify or relax quarantine and isolation when it has been established.”  20 Ill. Comp. Stat. 2305/2(a).  Pursuant to this authority, the department may “…order a person or group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public to prevent the probable spread of a dangerously contagious or infectious disease, including non-compliant tuberculosis patients…”  20 Ill. Comp. Stat. 2305/2(b).  The provisions outlined in this section can be used to “…respond to chemical, radiological, or nuclear agents or events.”  20 Ill. Comp. Stat. 2305/2(m).

Except as outlined in 20 Ill. Comp. Stat. 2305/2(c) “…no person or a group of persons may be ordered to be quarantined or isolated and no place may be ordered to be closed and made off limits to the public except with the consent of the person or owner of the place or upon the prior order of a court of competent jurisdiction.”  20 Ill. Comp. Stat. 2305/2(c).  The department may issue an immediate quarantine or isolation order without prior consent or court order, but must obtain consent or file for a court order within 48 hours.  20 Ill. Comp. Stat. 2305/2(c).  “Persons who are or are about to be ordered to be isolated or quarantined and owners of places that are or are about to be closed and made off limits to the public shall have the right to counsel.  If a person or owner is indigent, the court shall appoint counsel for that person or owner.”  20 Ill. Comp. Stat. 2305/2(c). 

The right to counsel extends to a person subject to quarantine or isolation because they “…refuse to consent to a physical examination, test, or collection of laboratory specimens,” “…refuse to receive vaccines, medications, or other treatments,” or refuse to undergo “…observation and monitoring of persons to prevent the probable spread of a dangerously contagious or infectious disease.”  20 Ill. Comp. Stat. 2305/2(d)-(f), respectively. 

The procedures above do not apply to quarantine or isolation due to sexually transmissible infection.  20 Ill. Comp. Stat. 2305/2(b).  Under the Illinois Sexually Transmissible Infection Control Act, the Department of Public Health “…may order a person to be isolated or a place to be quarantined and made off limits to the public to prevent the probable spread of a sexually transmissible infection.”  410 Ill. Comp. Stat 325/7(a).  Consent of the person or owner, or a court order is required.  410 Ill. Comp. Stat 325/7(b).  Procedures for the hearings concerning  Department of Health orders are outlined 77 Ill. Adm. Code 100.  A party can be represented by a private attorney at their own cost, but there is no mention of appointment of counsel if one cannot be afforded.  77 Ill. Adm. Code 100.4(a).