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Public Act 91-0536
SB849 Enrolled LRB9106073SMdv
AN ACT regarding mental health, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Section 2 as follows:
(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
Sec. 2. Definitions; administrative subdivisions.
(a) For the purposes of this Act, unless the context
otherwise requires:
"Department" means the Department of Human Services,
successor to the former Department of Mental Health and
Developmental Disabilities.
"Secretary" means the Secretary of Human Services.
(b) Unless the context otherwise requires:
(1) References in this Act to the programs or
facilities of the Department shall be construed to refer
only to those programs or facilities of the Department
that pertain to mental health or developmental
disabilities.
(2) References in this Act to the Department's
service providers or service recipients shall be
construed to refer only to providers or recipients of
services that pertain to the Department's mental health
and developmental disabilities functions.
(3) References in this Act to employees of the
Department shall be construed to refer only to employees
whose duties pertain to the Department's mental health
and developmental disabilities functions.
(c) The Secretary shall establish such subdivisions of
the Department as shall be desirable and shall assign to the
various subdivisions the responsibilities and duties placed
upon the Department by the Laws of the State of Illinois.
(d) There is established a coordinator of services to
mentally disabled deaf and hearing impaired persons. In
hiring this coordinator, every consideration shall be given
to qualified deaf or hearing impaired individuals.
(e) Whenever the administrative director of the
subdivision for mental health services is not a
board-certified psychiatrist, the Secretary shall appoint a
Chief for Clinical Services who shall be a board-certified
psychiatrist with both clinical and administrative
experience. The Chief for Clinical Services shall be
responsible for all clinical and medical decisions for mental
health services.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-122 and
3-814 and by adding Section 1-101.2 as follows:
(405 ILCS 5/1-101.2 new)
Sec. 1-101.2. "Adequate and humane care and services"
means services reasonably calculated to result in a
significant improvement of the condition of a recipient of
services confined in an inpatient mental health facility so
that he or she may be released or services reasonably
calculated to prevent further decline in the clinical
condition of a recipient of services so that he or she does
not present an imminent danger to self or others.
(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
Sec. 1-122. Qualified examiner. "Qualified examiner"
means a person who is:
(a) a Clinical social worker as defined in this Act, or
(b) a registered nurse with a master's degree in
psychiatric nursing who has 3 years of clinical training and
experience in the evaluation and treatment of mental illness
which has been acquired subsequent to any training and
experience which constituted a part of the degree program, or
(c) a licensed clinical professional counselor with a
master's or doctoral degree in counseling or psychology or a
similar master's or doctorate program from a regionally
accredited institution who has at least 3 years of supervised
postmaster's clinical professional counseling experience that
includes the provision of mental health services for the
evaluation, treatment, and prevention of mental and emotional
disorders.
A social worker who is a qualified examiner shall be a
licensed clinical social worker under the Clinical Social
Work and Social Work Practice Act.
(Source: P.A. 87-124; 87-530.)
(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
Sec. 3-814. Treatment plan.
(a) Not more than 30 days after admission under this
Article, the facility director shall file with the court a
current treatment plan with the court which shall include:
all the requirements listed in Section 3-209, includes an
evaluation of the recipient's progress and the extent to
which he is benefiting from treatment, the criteria which
form the basis for the determination that the patient is
subject to involuntary admission as defined in Section 1-119,
and the specific behaviors or conditions that demonstrate
that the recipient meets these criteria for continued
confinement. If the facility director is unable to determine
any of the required information, the treatment plan shall
include an explanation of why the facility director is unable
to make this determination, what the facility director is
doing to enable himself or herself to determine the
information, and the date by which the facility director
expects to be able to make this determination. The facility
director shall forward a copy of the plan to the State's
Attorney, the recipient's attorney, if the recipient is
represented by counsel, the recipient, and any guardian of
the recipient.
(b) The purpose of the filing, forwarding, and review of
treatment plans and treatment is to ensure that the recipient
is receiving adequate and humane care and services as defined
in Section 1-101.2 and to ensure that the recipient continues
to meet the standards for involuntary confinement.
(c) On request of the recipient or an interested person
on his behalf, or on the court's own initiative, the court
shall review the current treatment plan to determine whether
its contents comply with the requirements of this Section and
Section 3-209. A request to review the current treatment plan
may be made by the recipient, or by an interested person on
his behalf, 30 days after initial commitment under Section
3-813, 90 days after the initial commitment, and 90 days
after each additional period of commitment under subsection
(b) of Section 3-813. If the court determines that any of the
information required by this Section or Section 3-209 to be
included in the treatment plan is not in the treatment plan
or that the treatment plan does not contain information from
which the court can determine whether the recipient continues
to meet the criteria for continued confinement, the court
shall indicate what is lacking and order the facility
director to revise the current treatment plan to comply with
this Section and Section 3-209. If the recipient has been
ordered committed to the facility after he has been found not
guilty by reason of insanity, the treatment plan and its
review shall be subject to the provisions of Section 5-2-4 of
the Unified Code of Corrections.
(d) The recipient or an interested person on his or her
behalf may request a hearing or the court on its own motion
may order a hearing to review the treatment being received by
the recipient. The court, the recipient, or the State's
Attorney may call witnesses at the hearing. The court may
order any public agency, officer, or employee to render such
information, cooperation, and assistance as is within its
legal authority and as may be appropriate to achieve the
objectives of this Section. The court may order an
independent examination on its own initiative and shall order
such an evaluation if either the recipient or the State's
Attorney so requests and has demonstrated to the court that
the plan cannot be effectively reviewed by the court without
such an examination. Under no circumstances shall the court
be required to order an independent examination pursuant to
this Section more than once each year. The examination shall
be conducted by persons authorized to conduct independent
examinations under Section 3-804 recipient or an interested
person on his behalf may request a hearing or the court on
its own motion may order a hearing to review the treatment
plan. If the court is satisfied that the recipient is
benefiting from treatment, it may continue the original order
for the remainder of the admission period. If the court is
not so satisfied, it may modify its original order or it may
order the recipient discharged.
(e) In lieu of a treatment plan, the facility director
may file a typed summary of the treatment plan which contains
the information required under Section 3-209 and subsection
(a) of this Section.
(Source: P.A. 88-380.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 104-25 as follows:
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a) of Section 104-23
and subparagraph (1) of paragraph (b) of Section 104-23 a
hearing to determine the sufficiency of the evidence shall be
held. Such hearing shall be conducted by the court without a
jury. The State and the defendant may introduce evidence
relevant to the question of defendant's guilt of the crime
charged.
The court may admit hearsay or affidavit evidence on
secondary matters such as testimony to establish the chain of
possession of physical evidence, laboratory reports,
authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence does not prove the defendant guilty
beyond a reasonable doubt, the court shall enter a judgment
of acquittal; however nothing herein shall prevent the State
from requesting the court to commit the defendant to the
Department of Human Services under the provisions of the
Mental Health and Developmental Disabilities Code.
(c) If the defendant is found not guilty by reason of
insanity, the court shall enter a judgment of acquittal and
the proceedings after acquittal by reason of insanity under
Section 5-2-4 of the Unified Code of Corrections shall apply.
(d) If the discharge hearing does not result in an
acquittal of the charge the defendant may be remanded for
further treatment and the one year time limit set forth in
Section 104-23 shall be extended as follows:
(1) If the most serious charge upon which the State
sustained its burden of proof was a Class 1 or Class X
felony, the treatment period may be extended up to a
maximum treatment period of 2 years; if a Class 2, 3, or
4 felony, the treatment period may be extended up to a
maximum of 15 months;
(2) If the State sustained its burden of proof on a
charge of first degree murder, the treatment period may
be extended up to a maximum treatment period of 5 years.
(e) Transcripts of testimony taken at a discharge
hearing may be admitted in evidence at a subsequent trial of
the case, subject to the rules of evidence, if the witness
who gave such testimony is legally unavailable at the time of
the subsequent trial.
(f) If the court fails to enter an order of acquittal
the defendant may appeal from such judgment in the same
manner provided for an appeal from a conviction in a criminal
case.
(g) At the expiration of an extended period of treatment
ordered pursuant to this Section:
(1) Upon a finding that the defendant is fit or can
be rendered fit consistent with Section 104-22, the court
may proceed with trial.
(2) If the defendant continues to be unfit to stand
trial, the court shall determine whether he or she is
subject to involuntary admission under the Mental Health
and Developmental Disabilities Code or constitutes a
serious threat to the public safety. If so found, the
defendant shall be remanded to the Department of Human
Services for further treatment and shall be treated in
the same manner as a civilly committed patient for all
purposes, except that the original court having
jurisdiction over the defendant shall be required to
approve any conditional release or discharge of the
defendant, for the period of commitment equal to the
maximum sentence to which the defendant would have been
subject had he or she been convicted in a criminal
proceeding. During this period of commitment, the
original court having jurisdiction over the defendant
shall hold hearings under clause (i) of this paragraph
(2). However, if the defendant is remanded to the
Department of Human Services, the defendant shall be
placed in a secure setting unless the court determines
that there are compelling reasons why such placement is
not necessary.
If the defendant does not have a current treatment
plan, then within 3 days of admission under this
subdivision (g)(2), a treatment plan shall be prepared
for each defendant and entered into his or her record.
The plan shall include (i) an assessment of the
defendant's treatment needs, (ii) a description of the
services recommended for treatment, (iii) the goals of
each type of element of service, (iv) an anticipated
timetable for the accomplishment of the goals, and (v) a
designation of the qualified professional responsible for
the implementation of the plan. The plan shall be
reviewed and updated as the clinical condition warrants,
but not less than every 30 days.
Every 90 days after the initial admission under this
subdivision (g)(2), the facility director shall file a
typed treatment plan report with the original court
having jurisdiction over the defendant. The report shall
include an opinion as to whether the defendant is fit to
stand trial and whether the defendant is currently
subject to involuntary admission, in need of mental
health services on an inpatient basis, or in need of
mental health services on an outpatient basis. The
report shall also summarize the basis for those findings
and provide a current summary of the 5 items required in
a treatment plan. A copy of the report shall be
forwarded to the clerk of the court, the State's
Attorney, and the defendant's attorney if the defendant
is represented by counsel.
The court on its own motion may order a hearing to
review the treatment plan. The defendant or the State's
Attorney may request a treatment plan review every 90
days and the court shall review the current treatment
plan to determine whether the plan complies with the
requirements of this Section. The court may order an
independent examination on its own initiative and shall
order such an evaluation if either the recipient or the
State's Attorney so requests and has demonstrated to the
court that the plan cannot be effectively reviewed by the
court without such an examination. Under no
circumstances shall the court be required to order an
independent examination pursuant to this Section more
than once each year. The examination shall be conducted
by a psychiatrist or clinical psychologist as defined in
Section 1-103 of the Mental Health and Developmental
Disabilities Code who is not in the employ of the
Department of Human Services.
If, during the period within which the defendant is
confined in a secure setting, the court enters an order
that requires the defendant to appear, the court shall
timely transmit a copy of the order or writ to the
director of the particular Department of Human Services
facility where the defendant resides authorizing the
transportation of the defendant to the court for the
purpose of the hearing.
(i) 180 days after a defendant is remanded to
the Department of Human Services, under paragraph
(2), and every 180 days thereafter for so long as
the defendant is confined under the order entered
thereunder, the facility director shall file a
treatment plan with the original court having
jurisdiction over the defendant. The plan shall
include an evaluation of the defendant's progress
and the extent to which he or she is benefitting
from treatment and an opinion as to whether the
defendant is currently subject to involuntary
admission or in need of mental health services on an
inpatient basis or in need of mental health services
on an outpatient basis. A copy of the report shall
be forwarded by the facility director to the clerk
of the court, State's Attorney and the defendant's
attorney if the defendant is represented by counsel.
Within 30 days of the receipt of the report by the
court, the court shall set a hearing and shall
direct that notice of the time and place of the
hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the
defense or if the court determines that it is
appropriate, an impartial examination of the
defendant by a psychiatrist or clinical psychologist
as defined in Section 1-103 of the Mental Health and
Developmental Disabilities Code who is not in the
employ of the Department of Human Services shall be
ordered, and the report considered at the time of
the hearing. If the defendant is not currently
represented by counsel the court shall appoint the
public defender to represent the defendant at the
hearing. The court shall make a finding as to
whether the defendant is:
(A) subject to involuntary admission; or
(B) in need of mental health services in
the form of inpatient care; or
(C) in need of mental health services but
not subject to involuntary admission nor
inpatient care.
The findings of the court shall be established by
clear and convincing evidence and the burden of
proof and the burden of going forward with the
evidence shall rest with the State's Attorney. Upon
finding by the court, the court shall enter its
findings and an appropriate order.
(ii) The terms "subject to involuntary
admission", "in need of mental health services in
the form of inpatient care" and "in need of mental
health services but not subject to involuntary
admission nor inpatient care" shall have the
meanings ascribed to them in clause (d)(3) of
Section 5-2-4 of the Unified Code of Corrections.
(3) If the defendant is not committed pursuant to
this Section, he or she shall be released.
(4) In no event may the treatment period be
extended to exceed the maximum sentence to which a
defendant would have been subject had he or she been
convicted in a criminal proceeding. For purposes of this
Section, the maximum sentence shall be determined by
Section 5-8-1 of the "Unified Code of Corrections",
excluding any sentence of natural life.
(Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
Section 15. The Unified Code of Corrections is amended
by changing Section 5-2-4 as follows:
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after Acquittal by Reason of
Insanity.
(a) After a finding or verdict of not guilty by reason
of insanity under Sections 104-25, 115-3 or 115-4 of The Code
of Criminal Procedure of 1963, the defendant shall be ordered
to the Department of Human Services for an evaluation as to
whether he is subject to involuntary admission or in need of
mental health services. The order shall specify whether the
evaluation shall be conducted on an inpatient or outpatient
basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting
unless the Court determines that there are compelling reasons
why such placement is not necessary. After the evaluation and
during the period of time required to determine the
appropriate placement, the defendant shall remain in jail.
Upon completion of the placement process the sheriff shall
be notified and shall transport the defendant to the
designated facility.
The Department shall provide the Court with a report of
its evaluation within 30 days of the date of this order. The
Court shall hold a hearing as provided under the Mental
Health and Developmental Disabilities Code to determine if
the individual is: (a) subject to involuntary admission; (b)
in need of mental health services on an inpatient basis; (c)
in need of mental health services on an outpatient basis; (d)
a person not in need of mental health services. The Court
shall enter its findings.
If the defendant is found to be subject to involuntary
admission or in need of mental health services on an
inpatient care basis, the Court shall order the defendant to
the Department of Human Services. The defendant shall be
placed in a secure setting unless the Court determines that
there are compelling reasons why such placement is not
necessary. Such defendants placed in a secure setting shall
not be permitted outside the facility's housing unit unless
escorted or accompanied by personnel of the Department of
Human Services or with the prior approval of the Court for
unsupervised on-grounds privileges as provided herein. Any
defendant placed in a secure setting pursuant to this
Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, may be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant
and the safety of Department of Human Services personnel and
others. These security measures shall not constitute
restraint as defined in the Mental Health and Developmental
Disabilities Code. If the defendant is found to be in need
of mental health services, but not on an inpatient care
basis, the Court shall conditionally release the defendant,
under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress in
treatment or rehabilitation and the safety of the defendant
or others. If the Court finds the person not in need of
mental health services, then the Court shall order the
defendant discharged from custody.
(1) Definitions: For the purposes of this Section:
(A) "Subject to involuntary admission" means: a
defendant has been found not guilty by reason of
insanity; and
(i) who is mentally ill and who because of his
mental illness is reasonably expected to inflict
serious physical harm upon himself or another in the
near future; or
(ii) who is mentally ill and who because of
his illness is unable to provide for his basic
physical needs so as to guard himself from serious
harm.
(B) "In need of mental health services on an
inpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission but who is reasonably expected to
inflict serious physical harm upon himself or another and
who would benefit from inpatient care or is in need of
inpatient care.
(C) "In need of mental health services on an
outpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission or in need of mental health
services on an inpatient basis, but is in need of
outpatient care, drug and/or alcohol rehabilitation
programs, community adjustment programs, individual,
group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found
not guilty by reason of insanity under such conditions as
the Court may impose which reasonably assure the
defendant's satisfactory progress in treatment or
habilitation and the safety of the defendant and others.
The Court shall consider such terms and conditions which
may include, but need not be limited to, outpatient care,
alcoholic and drug rehabilitation programs, community
adjustment programs, individual, group, family, and
chemotherapy, periodic checks with the legal authorities
and/or the Department of Human Services. The person or
facility rendering the outpatient care shall be required
to periodically report to the Court on the progress of
the defendant. Such conditional release shall be for a
period of five years, unless the defendant, the person or
facility rendering the treatment, therapy, program or
outpatient care, or the State's Attorney petitions the
Court for an extension of the conditional release period
for an additional three years. Upon receipt of such a
petition, the Court shall hold a hearing consistent with
the provisions of this paragraph (a) and paragraph (f) of
this Section, shall determine whether the defendant
should continue to be subject to the terms of conditional
release, and shall enter an order either extending the
defendant's period of conditional release for a single
additional three year period or discharging the
defendant. In no event shall the defendant's period of
conditional release exceed eight years. These provisions
for extension of conditional release shall only apply to
defendants conditionally released on or after July 1,
1979. However the extension provisions of Public Act
83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of
a mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical
psychologist, social worker, or nurse.
(b) If the Court finds the defendant subject to
involuntary admission or in need of mental health services on
an inpatient basis, the admission, detention, care, treatment
or habilitation, treatment plans, review proceedings,
including review of treatment and treatment plans, and
discharge of the defendant after such order shall be under
the Mental Health and Developmental Disabilities Code, except
that the initial order for admission of a defendant acquitted
of a felony by reason of insanity shall be for an indefinite
period of time. Such period of commitment shall not exceed
the maximum length of time that the defendant would have been
required to serve, less credit for good behavior, before
becoming eligible for release had he been convicted of and
received the maximum sentence for the most serious crime for
which he has been acquitted by reason of insanity. The Court
shall determine the maximum period of commitment by an
appropriate order. During this period of time, the defendant
shall not be permitted to be in the community in any manner,
including but not limited to off-grounds privileges, with or
without escort by personnel of the Department of Human
Services, unsupervised on-grounds privileges, discharge or
conditional or temporary release, except by a plan as
provided in this Section. In no event shall a defendant's
continued unauthorized absence be a basis for discharge. Not
more than 30 days after admission and every 60 days
thereafter so long as the initial order remains in effect,
the facility director shall file a treatment plan report with
the court and forward a copy of the treatment plan report to
the clerk of the court, the State's Attorney, and the
defendant's attorney, if the defendant is represented by
counsel, or to a person authorized by the defendant under the
Mental Health and Developmental Disabilities Confidentiality
Act to be sent a copy of the report. The report Such plan
shall include an opinion as to whether the defendant is
currently subject to involuntary admission, in need of mental
health services on an inpatient basis, or in need of mental
health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a
current summary of the following items from the treatment
plan: (1) an assessment of the defendant's treatment needs,
(2) a description of the services recommended for treatment,
(3) the goals of each type of element of service, (4) an
anticipated timetable for the accomplishment of the goals,
and (5) a designation of the qualified professional
responsible for the implementation of the plan an evaluation
of the defendant's progress and the extent to which he is
benefiting from treatment. The report Such plan may also
include unsupervised on-grounds privileges, off-grounds
privileges (with or without escort by personnel of the
Department of Human Services), home visits and participation
in work programs, but only where such privileges have been
approved by specific court order, which order may include
such conditions on the defendant as the Court may deem
appropriate and necessary to reasonably assure the
defendant's satisfactory progress in treatment and the safety
of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be subject to involuntary
admission or in need of mental health services shall be
represented by counsel in all proceedings under this Section
and under the Mental Health and Developmental Disabilities
Code.
(1) The Court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the Court of a verified
statement of legal services rendered by the private
attorney appointed pursuant to paragraph (1) of this
subsection, the Court shall determine a reasonable fee
for such services. If the defendant is unable to pay the
fee, the Court shall enter an order upon the State to pay
the entire fee or such amount as the defendant is unable
to pay from funds appropriated by the General Assembly
for that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer subject to
involuntary admission or in need of mental health
services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not
in need of any mental health services; or
(3) the defendant no longer requires placement in a
secure setting;
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations,
if any, of the facility director, concerning conditional
release. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
(i) subject to involuntary admission; or
(ii) in need of mental health services in the form
of inpatient care; or
(iii) in need of mental health services but not
subject to involuntary admission or inpatient care; or
(iv) no longer in need of mental health services;
or
(v) no longer requires placement in a secure
setting.
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsection
(a) of this Section.
(e) A defendant admitted pursuant to this Section, or
any person on his behalf, may file a petition for treatment
plan review, transfer to a non-secure setting within the
Department of Human Services or discharge or conditional
release under the standards of this Section in the Court
which rendered the verdict. Upon receipt of a petition for
treatment plan review, transfer to a non-secure setting or
discharge or conditional release, the Court shall set a
hearing to be held within 120 days. Thereafter, no new
petition may be filed for 120 days without leave of the
Court.
(f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the
facility director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the defense or
if the Court feels it is appropriate, an impartial
examination of the defendant by a psychiatrist or clinical
psychologist as defined in Section 1-103 of the Mental Health
and Developmental Disabilities Code who is not in the employ
of the Department of Human Services shall be ordered, and the
report considered at the time of the hearing.
(g) The findings of the Court shall be established by
clear and convincing evidence. The burden of proof and the
burden of going forth with the evidence rest with the State
when a hearing is held to review the determination of the
facility director that the defendant should be transferred to
a non-secure setting, discharged or conditionally released.
The burden of proof and the burden of going forth with the
evidence rest on the defendant when a hearing is held to
review a petition filed by or on behalf of such defendant.
The evidence shall be presented in open Court with the right
of confrontation and cross-examination.
(h) If the Court finds that the defendant is no longer
in need of mental health services it shall order the facility
director to discharge the defendant. If the Court finds that
the defendant is in need of mental health services, and no
longer in need of inpatient care, it shall order the facility
director to release the defendant under such conditions as
the Court deems appropriate and as provided by this Section.
Such conditional release shall be imposed for a period of
five years and shall be subject to later modification by the
Court as provided by this Section. If the Court finds that
the defendant is subject to involuntary admission or in need
of mental health services on an inpatient basis, it shall
order the facility director not to discharge or release the
defendant in accordance with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional
release, the Court determines, after hearing evidence, that
the defendant has not fulfilled the conditions of release,
the Court shall order a hearing to be held consistent with
the provisions of paragraph (f) and (g) of this Section. At
such hearing, if the Court finds that the defendant is
subject to involuntary admission or in need of mental health
services on an inpatient basis, it shall enter an order
remanding him or her to the Department of Human Services or
other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If
the Court finds that the defendant continues to be in need
of mental health services but not on an inpatient basis, it
may modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others. In
no event shall such conditional release be longer than eight
years. Nothing in this Section shall limit a Court's contempt
powers or any other powers of a Court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and
the Mental Health and Developmental Disabilities Code or the
Mental Health and Developmental Disabilities Confidentiality
Act, the provisions of this Section shall govern.
(l) This amendatory Act shall apply to all persons who
have been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
(m) The Clerk of the Court shall, after the entry of an
order of transfer to a non-secure setting of the Department
of Human Services or discharge or conditional release,
transmit a certified copy of the order to the Department of
Human Services, and the sheriff of the county from which the
defendant was admitted. In cases where the arrest of the
defendant or the commission of the offense took place in any
municipality with a population of more than 25,000 persons,
the Clerk of the Court shall also transmit a certified copy
of the order of discharge or conditional release to the
proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
(Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
90-105, eff. 7-11-97; 90-593, eff. 6-19-98.)
Section 20. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 9.2 as follows:
(740 ILCS 110/9.2)
Sec. 9.2. Interagency disclosure of recipient
information. For the purposes of continuity of care, the
Department of Human Services (as successor to the Department
of Mental Health and Developmental Disabilities), and
community agencies funded by the Department of Human Services
in that capacity, and jails operated by any county of this
State may disclose a recipient's record or communications,
without consent, to each other, but only for the purpose of
admission, treatment, planning, or discharge. Entities shall
not redisclose any personally identifiable information,
unless necessary for admission, treatment, planning, or
discharge of the identified recipient to another setting. No
records or communications may be disclosed to a county jail
pursuant to this Section unless the Department has entered
into a written agreement with the county jail requiring that
the county jail adopt written policies and procedures
designed to ensure that the records and communications are
disclosed only to those persons employed by or under contract
to the county jail who are involved in the provision of
mental health services to inmates and that the records and
communications are protected from further disclosure.
(Source: P.A. 88-484; 89-507, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect
January 1, 2000.
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