(730 ILCS 5/5-2-6)
(from Ch. 38, par. 1005-2-6)
Sentencing and treatment of defendant found guilty but mentally
(a) After a plea or verdict of guilty but mentally ill under Section
115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court
shall order a presentence investigation and report pursuant to Sections
5-3-1 and 5-3-2 of this Act, and shall set a date for a sentencing hearing.
The court may impose any sentence upon the defendant which could
be imposed pursuant to law upon a defendant who had been convicted of the
same offense without a finding of mental illness.
(b) If the court imposes a sentence of imprisonment upon a defendant who
has been found guilty but mentally ill, the defendant shall be committed
to the Department of Corrections, which shall cause periodic inquiry and
examination to be made concerning the nature, extent, continuance, and
treatment of the defendant's mental illness. The Department of Corrections
provide such psychiatric, psychological, or other counseling and
treatment for the defendant as it determines necessary.
(c) The Department of Corrections may transfer the defendant's custody
to the Department of Human Services in accordance with the provisions of Section 3-8-5 of this Act.
(d) (1) The Department of Human Services shall return to the Department of Corrections any
person committed to it
pursuant to this Section whose sentence has not expired and whom the Department
of Human Services deems no
hospitalization for mental treatment, an intellectual disability, or a substance use disorder as defined in Section 1-10 of the Substance Use Disorder Act.
(2) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence
of any person transferred to the Department of Human Services under this Section. If the Department
of Human Services
determines that any such person
requires further hospitalization, it shall file an appropriate petition for
involuntary commitment pursuant to the Mental Health and Developmental
(e) (1) All persons found guilty but mentally ill, whether by plea or
by verdict, who are placed on probation or sentenced to a term of periodic
imprisonment or a period of conditional discharge shall be required to submit
to a course of mental treatment prescribed by the sentencing court.
(2) The course of treatment prescribed by the court shall reasonably assure
the defendant's satisfactory progress in treatment or habilitation and for
the safety of the defendant and others. The court shall consider terms,
conditions and supervision which may include, but need not be limited to,
notification and discharge of the person to the custody of his family,
community adjustment programs, periodic checks with legal authorities and
care and utilization of local mental health or developmental disabilities
(3) Failure to continue treatment, except by agreement with the treating
person or agency and the court, shall be a basis for the institution of
probation revocation proceedings.
(4) The period of probation shall be in accordance with Article 4.5 of Chapter V of this Code
and shall not be shortened without receipt and consideration of
such psychiatric or psychological report or
reports as the court may require.
(Source: P.A. 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)