SB0074 EngrossedLRB097 02739 RLC 42760 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 104-20 as follows:
 
6    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
7    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)
8    (a) Upon entry or continuation of any order to undergo
9treatment, the court shall set a date for hearing to reexamine
10the issue of the defendant's fitness not more than 90 days
11thereafter. In addition, whenever the court receives a report
12from the supervisor of the defendant's treatment pursuant to
13subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
14court shall forthwith set the matter for a first hearing within
1514 21 days unless good cause is demonstrated why the hearing
16cannot be held. On the date set or upon conclusion of the
17matter then pending before it, the court, sitting without a
18jury, shall conduct a hearing, unless waived by the defense,
19and shall determine:
20        (1) Whether the defendant is fit to stand trial or to
21    plead; and if not,
22        (2) Whether the defendant is making progress under
23    treatment toward attainment of fitness within one year from

 

 

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1    the date of the original finding of unfitness.
2    (b) If the court finds the defendant to be fit pursuant to
3this Section, the court shall set the matter for trial;
4provided that if the defendant is in need of continued care or
5treatment and the supervisor of the defendant's treatment
6agrees to continue to provide it, the court may enter any order
7it deems appropriate for the continued care or treatment of the
8defendant by the facility or program pending the conclusion of
9the criminal proceedings.
10    (c) If the court finds that the defendant is still unfit
11but that he is making progress toward attaining fitness, the
12court may continue or modify its original treatment order
13entered pursuant to Section 104-17.
14    (d) If the court finds that the defendant is still unfit
15and that he is not making progress toward attaining fitness
16such that there is not a substantial probability that he will
17attain fitness within one year from the date of the original
18finding of unfitness, the court shall proceed pursuant to
19Section 104-23. However, if the defendant is in need of
20continued care and treatment and the supervisor of the
21defendant's treatment agrees to continue to provide it, the
22court may enter any order it deems appropriate for the
23continued care or treatment by the facility or program pending
24the conclusion of the criminal proceedings.
25(Source: P.A. 94-191, eff. 7-12-05.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.