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Public Act 100-0027 |
HB0649 Enrolled | LRB100 06743 RLC 16784 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 104-17, 104-18, and 104-20 as |
follows:
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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Sec. 104-17. Commitment for Treatment; Treatment Plan.
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(a) If the defendant
is eligible to be or has been released |
on bail or on his own recognizance,
the court shall select the |
least physically restrictive form of treatment
therapeutically |
appropriate and consistent with the treatment plan. The |
placement may be ordered either on an inpatient or an |
outpatient basis.
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(b) If the defendant's disability is mental, the court may |
order him placed
for treatment in the custody of the Department |
of Human Services, or the court may order him placed in
the |
custody of any other
appropriate public or private mental |
health facility or treatment program
which has agreed to |
provide treatment to the defendant. If the court orders the |
defendant placed in the custody of the Department of Human |
Services, the Department shall evaluate the defendant to |
determine to which secure facility the defendant shall be |
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transported and, within 20 days of the transmittal by the clerk |
of the circuit court of the placement court order, notify the |
sheriff of the designated facility. Upon receipt of that |
notice, the sheriff shall promptly transport the defendant to |
the designated facility. If the defendant
is placed in the |
custody of the Department of Human Services, the defendant |
shall be placed in a
secure setting. During
the period of time |
required to determine the appropriate placement the
defendant |
shall remain in jail. If during the course of evaluating the |
defendant for placement, upon the completion of the placement |
process the Department of Human Services determines that the |
defendant is currently fit to stand trial, it shall immediately |
notify the court and shall submit a written report within 7 |
days. In that circumstance the placement shall be held pending |
a court hearing on the Department's report. Otherwise, upon |
completion of the placement process, the
sheriff shall be |
notified and shall transport the defendant to the designated
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facility. If, within 20 days of the transmittal by the clerk of |
the circuit court of the placement court order, the Department |
fails to notify the sheriff of the identity of the facility to |
which the defendant shall be transported, the sheriff shall |
contact a designated person within the Department to inquire |
about when a placement will become available at the designated |
facility and bed availability at other facilities. If, within
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20 days of the transmittal by the clerk of the circuit court of |
the placement court order, the Department
fails to notify the |
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sheriff of the identity of the facility to
which the defendant |
shall be transported, the sheriff shall
notify the Department |
of its intent to transfer the defendant to the nearest secure |
mental health facility operated by the Department and inquire |
as to the status of the placement evaluation and availability |
for admission to such facility operated by the Department by |
contacting a designated person within the Department. The |
Department shall respond to the sheriff within 2 business days |
of the notice and inquiry by the sheriff seeking the transfer |
and the Department shall provide the sheriff with the status of |
the evaluation, information on bed and placement availability, |
and an estimated date of admission for the defendant and any |
changes to that estimated date of admission. If the Department |
notifies the sheriff during the 2 business day period of a |
facility operated by the Department with placement |
availability, the sheriff shall promptly transport the |
defendant to that facility. The placement may be ordered either |
on an inpatient or an outpatient
basis.
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(c) If the defendant's disability is physical, the court |
may order him
placed under the supervision of the Department of |
Human
Services
which shall place and maintain the defendant in |
a suitable treatment facility
or program, or the court may |
order him placed in an appropriate public or
private facility |
or treatment program which has agreed to provide treatment
to |
the defendant. The placement may be ordered either on an |
inpatient or
an outpatient basis.
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(d) The clerk of the circuit court shall within 5 days of |
the entry of the order transmit to the Department, agency
or |
institution, if any, to which the defendant is remanded for |
treatment, the
following:
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(1) a certified copy of the order to undergo treatment. |
Accompanying the certified copy of the order to undergo |
treatment shall be the complete copy of any report prepared |
under Section 104-15 of this Code or other report prepared |
by a forensic examiner for the court;
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(2) the county and municipality in which the offense |
was committed;
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(3) the county and municipality in which the arrest |
took place; |
(4) a copy of the arrest report, criminal charges, |
arrest record; and
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(5) all additional matters which the Court directs the |
clerk to transmit.
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(e) Within 30 days of entry of an order to undergo |
treatment, the person
supervising the defendant's treatment |
shall file with the court, the State,
and the defense a report |
assessing the facility's or program's capacity
to provide |
appropriate treatment for the defendant and indicating his |
opinion
as to the probability of the defendant's attaining |
fitness within a period
of time from the date of the finding of |
unfitness. For a defendant charged with a felony, the period of |
time shall be one year. For a defendant charged with a |
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misdemeanor, the period of time shall be no longer than the |
sentence if convicted of the most serious offense. If the |
report indicates
that there is a substantial probability that |
the defendant will attain fitness
within the time period, the |
treatment supervisor shall also file a treatment
plan which |
shall include:
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(1) A diagnosis of the defendant's disability;
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(2) A description of treatment goals with respect to |
rendering the
defendant
fit, a specification of the |
proposed treatment modalities, and an estimated
timetable |
for attainment of the goals;
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(3) An identification of the person in charge of |
supervising the
defendant's
treatment.
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(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
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Sec. 104-18. Progress Reports. |
(a) The treatment supervisor shall submit
a written |
progress report to the court, the State, and the defense:
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(1) At least 7 days prior to the date for any hearing |
on the issue of
the defendant's fitness;
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(2) Whenever he believes that the defendant has |
attained fitness;
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(3) Whenever he believes that there is not a |
substantial probability that
the defendant will attain |
fitness, with treatment, within the time period set in |
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subsection (e) of Section 104-17 of this Code from
the date |
of the original finding of unfitness.
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(b) The progress report shall contain:
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(1) The clinical findings of the treatment supervisor |
and the facts upon
which the findings are based;
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(2) The opinion of the treatment supervisor as to |
whether the defendant
has attained fitness or as to whether |
the defendant is making progress,
under treatment, toward |
attaining fitness within the time period set in subsection |
(e) of Section 104-17 of this Code from the date
of the |
original finding of unfitness;
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(3) If the defendant is receiving medication, |
information from the prescribing
physician indicating the |
type, the dosage and the effect of the medication
on the |
defendant's appearance, actions and demeanor.
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(c) Whenever the court is sent a report from the supervisor |
of the defendant's treatment under paragraph (2) of subsection |
(a) of this Section, the treatment provider shall arrange with |
the county jail court for the immediate return of the defendant |
to the county jail under subsection (e) before the time frame |
specified in subsection (a) of Section 104-20 of this Code. |
(Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14; |
99-78, eff. 7-20-15.)
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(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) |
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(a) Upon entry
or continuation of any order to undergo |
treatment, the court shall set a
date for hearing to reexamine |
the issue of the defendant's fitness not more
than 90 days |
thereafter. In addition, whenever the court receives a report
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from the supervisor of the defendant's treatment pursuant to |
subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the |
court shall forthwith
set the matter for a first hearing within |
14 days unless good cause is demonstrated why the hearing |
cannot be held. On the date set or upon conclusion of the |
matter
then pending before it, the court, sitting without a |
jury, shall conduct
a hearing, unless waived by the defense, |
and shall determine:
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(1) Whether the defendant is fit to stand trial or to |
plead; and if not,
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(2) Whether the defendant is making progress under |
treatment toward attainment
of fitness within the time |
period set in subsection (e) of Section 104-17 of this Code |
from the date of the original finding
of unfitness.
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(b) If the court finds the defendant to be fit pursuant to |
this Section,
the court shall set the matter for trial; |
provided that if the defendant
is in need of continued care or |
treatment and the supervisor of the defendant's
treatment |
agrees to continue to provide it, the court may enter any order
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it deems appropriate for the continued care or treatment of the |
defendant
by the facility or program pending the conclusion of |
the criminal proceedings.
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(c) If the court finds that the defendant is still unfit |
but that he is
making progress toward attaining fitness, the |
court may continue or modify
its original treatment order |
entered pursuant to Section 104-17.
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(d) If the court finds that the defendant is still unfit |
and that he is
not making progress toward attaining fitness |
such that there is not a
substantial probability that he will |
attain fitness within the time period set in subsection (e) of |
Section 104-17 of this Code from
the date of the original |
finding of unfitness, the court shall proceed pursuant
to |
Section 104-23. However, if the defendant is in need of |
continued care
and treatment and the supervisor of the |
defendant's treatment agrees to
continue to provide it, the |
court may enter any order it deems appropriate
for the |
continued care or treatment by the facility or program pending |
the
conclusion of the criminal proceedings.
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(e) Whenever the court receives a report from the |
supervisor of the defendant's treatment under paragraph (2) of |
subsection (a) of Section 104-18 of this Code, the court shall |
immediately enter an order directing the sheriff to return the |
defendant to the county jail and set the matter for trial. At |
any time the issue of the defendant's fitness can be raised |
again under Section 104-11 of this Code. If the court finds |
that the defendant is still unfit after being recommended as |
fit by the supervisor of the defendant's treatment, the court |
shall attach a copy of any written report that identifies the |
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factors in the finding that the defendant continues to be |
unfit, prepared by a licensed physician, clinical |
psychologist, or psychiatrist, to the court order remanding the |
person for further treatment. |
(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-2-4 as follows:
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(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
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Sec. 5-2-4. Proceedings after Acquittal by Reason of |
Insanity.
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(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
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whether he is in need of mental health
services. The order
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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. With the court order for evaluation shall |
be sent a copy of the arrest report, criminal charges, arrest |
record, jail record, any report prepared under Section 115-6 of |
the Code of Criminal Procedure of 1963, and any victim impact |
statement prepared under Section 6 of the Rights of Crime |
Victims and Witnesses Act. The clerk of the circuit court shall |
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transmit this information to the Department within 5 days. If |
the court orders that the evaluation be done on an inpatient |
basis, the Department shall evaluate the defendant to determine |
to which secure facility the defendant shall be transported |
and, within 20 days of the transmittal by the clerk of the |
circuit court of the placement court order, notify the sheriff |
of the designated facility. Upon receipt of that notice, the |
sheriff shall promptly transport the defendant to the |
designated facility. During
After the evaluation and during the |
period of time required to
determine the appropriate placement, |
the defendant shall
remain in jail. If, within 20 days of the |
transmittal by the clerk of the circuit court of the placement |
court order, the Department fails to notify the sheriff of the |
identity of the facility to which the defendant shall be |
transported, the sheriff shall contact a designated person |
within the Department to inquire about when a placement will |
become available at the designated facility and bed |
availability at other facilities. If, within
20 days of the |
transmittal by the clerk of the circuit court of the placement |
court order, the Department
fails to notify the sheriff of the |
identity of the facility to
which the defendant shall be |
transported, the sheriff shall
notify the Department of its |
intent to transfer the defendant to the nearest secure mental |
health facility operated by the Department and inquire as to |
the status of the placement evaluation and availability for |
admission to such facility operated by the Department by |
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contacting a designated person within the Department. The |
Department shall respond to the sheriff within 2 business days |
of the notice and inquiry by the sheriff seeking the transfer |
and the Department shall provide the sheriff with the status of |
the placement evaluation, information on bed and placement |
availability, and an estimated date of admission for the |
defendant and any changes to that estimated date of admission. |
If the Department notifies the sheriff during the 2 business |
day period of a facility operated by the Department with |
placement availability, the sheriff shall promptly transport |
the defendant to that facility.
Individualized placement |
evaluations by the Department of Human Services determine the |
most appropriate setting for forensic treatment based upon a |
number of factors including mental health diagnosis, proximity |
to surviving victims, security need, age, gender, and proximity |
to family. Upon completion of the placement process the sheriff |
shall be notified and
shall transport the defendant to the |
designated facility.
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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)
in need of mental health services on an inpatient |
basis; (b) in
need of
mental health services on an outpatient |
basis; (c) a person not in
need of
mental health services. The |
Court shall enter its findings.
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If the defendant is found to be in
need
of mental health |
services on an inpatient care basis, the Court shall order the
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defendant to the Department of Human Services.
The defendant |
shall be placed in a secure setting. 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
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Department of Human Services or with the prior approval of the |
Court for
unsupervised
on-grounds privileges as provided
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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, shall 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 and participation
in |
treatment or
rehabilitation and the safety of the defendant and |
others. If the
Court
finds the person not in need of mental |
health services, then the Court
shall order the defendant |
discharged from custody.
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(a-1) Definitions. For the purposes of this Section:
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(A) (Blank).
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(B) "In need of mental health services on an inpatient |
basis" means: a
defendant who has been found not guilty by |
reason of insanity but who due to mental illness is
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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.
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(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 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.
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(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,
random |
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testing to ensure the defendant's timely and continuous |
taking of any
medicines prescribed
to control or manage his |
or her conduct or mental state, and
periodic checks with |
the legal authorities and/or the Department of Human
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Services.
The Court may order as a condition of conditional |
release that the
defendant not contact the victim of the |
offense that
resulted in the finding or
verdict of not |
guilty by reason of insanity or any other person. The Court |
may
order the
Department of
Human Services to provide care |
to any
person conditionally released under this Section. |
The Department may contract
with any public or private |
agency in order to discharge any responsibilities
imposed |
under this Section. The Department shall monitor the |
provision of
services to persons conditionally released |
under this Section and provide
periodic reports to the |
Court concerning the services and the condition of the
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defendant.
Whenever a person is conditionally released |
pursuant to this Section, the
State's Attorney for the |
county in which the hearing is held shall designate in
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writing the name, telephone number, and address of a person |
employed by him or
her who
shall be notified in the event |
that either the reporting agency or the
Department decides |
that the conditional release of the defendant should be
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revoked or modified pursuant to subsection (i) of this |
Section. Such
conditional release shall be for
a period of |
five years. However, the defendant, the person or
facility
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rendering the treatment, therapy, program or outpatient |
care, the
Department, or the
State's Attorney may petition |
the Court for an extension of
the conditional
release |
period for an additional 5 years. Upon receipt of such a
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petition, the Court shall hold a hearing consistent with |
the provisions of
paragraph (a), this paragraph (a-1),
and |
paragraph (f) of this Section, shall determine
whether the |
defendant should continue to be subject to the terms of
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conditional release, and shall enter an order either |
extending the
defendant's period of conditional release |
for an additional
5
year period or discharging the |
defendant.
Additional 5-year periods of conditional |
release may be ordered following a
hearing as provided in |
this Section. However,
in no event shall the defendant's
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period of conditional release continue beyond the maximum |
period of
commitment ordered by the Court pursuant to |
paragraph (b) of this Section. These provisions for
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extension of conditional release shall only apply to |
defendants
conditionally released on or after August 8, |
2003. However the extension
provisions of Public Act |
83-1449 apply only to defendants charged
with a forcible |
felony.
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(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. |
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"Designee" may
include a physician, clinical psychologist, |
social worker, nurse, or clinical
professional counselor.
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(b) If the Court finds the defendant in need of mental |
health services on an
inpatient basis, the
admission, |
detention, care, treatment or habilitation, treatment plans,
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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 as provided in Section 5-4-1 of the Unified
Code |
of Corrections, 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
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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 |
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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
in |
writing 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
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Mental Health and Developmental Disabilities Confidentiality |
Act to be sent a
copy of the report. The report shall include |
an opinion
as to whether the
defendant is currently 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
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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.
The report 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 |
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assure the defendant's
satisfactory progress in treatment and |
the safety of the defendant and others.
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(c) Every defendant acquitted of a felony by reason of |
insanity and
subsequently found to be 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.
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(1) The Court shall appoint as counsel the public |
defender or an
attorney licensed by this State.
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(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
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amount as the defendant is unable to pay from funds |
appropriated by the
General Assembly for that purpose.
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(d) When the facility director determines that:
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(1) the defendant is no longer
in need of mental health |
services on an inpatient basis; and
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(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
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(3) (blank);
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the facility director shall give written notice
to the Court, |
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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.
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Any recommendation for conditional release shall include an |
evaluation of
the defendant's need for psychotropic |
medication, what provisions should be
made, if any, to ensure |
that the defendant will continue to receive
psychotropic |
medication following discharge, and what provisions should be |
made
to assure the safety of the defendant and others in the |
event the defendant is
no longer receiving psychotropic |
medication.
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:
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(i) (blank); or
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(ii) in need of mental health services in the form of |
inpatient care; or
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(iii) in need of mental health services but not subject |
to inpatient care;
or
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(iv) no longer in need of mental health services; or
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(v) (blank).
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Upon finding by the Court, the Court shall enter its |
findings and such
appropriate order as provided in subsections |
(a) and (a-1) of this Section.
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(e) A defendant admitted pursuant to this Section, or any |
person on
his behalf, may file a petition for treatment plan |
|
review
or discharge or conditional release under the
standards |
of this Section in the Court which rendered the verdict. Upon
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receipt of a petition for treatment plan review 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 |
180 days
without leave of the Court.
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(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
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the time of the hearing.
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(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 defendant or any |
person on the defendant's
behalf when a hearing is held to |
review
a petition filed by or on
behalf of the defendant. The |
evidence shall be presented in open
Court
with the right of |
confrontation and cross-examination.
Such evidence may |
include, but is not limited to:
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(1) whether the defendant appreciates the harm caused |
by the defendant to
others and the community by his or her |
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prior
conduct
that resulted in the finding of not guilty by |
reason of insanity;
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(2) Whether the person appreciates the criminality of |
conduct similar to
the conduct for which he or she was |
originally charged in this matter;
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(3) the current state of
the defendant's illness;
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(4) what, if any, medications the defendant is taking |
to
control his or her mental illness;
|
(5) what, if any, adverse physical side effects
the |
medication has on the defendant;
|
(6) the length of time it would take for the |
defendant's mental health to
deteriorate
if
the
defendant |
stopped taking prescribed medication;
|
(7) the defendant's history or potential for alcohol |
and drug abuse;
|
(8) the defendant's past criminal history;
|
(9) any specialized physical or medical needs of the |
defendant;
|
(10) any family participation or involvement expected |
upon release and
what is the willingness and ability of the |
family to participate or be
involved;
|
(11) the defendant's potential to be a danger to |
himself, herself, or
others; and
|
(12) any other factor or factors the Court deems |
appropriate.
|
(h) Before the court orders that the defendant be |
|
discharged or
conditionally released, it shall order the |
facility director to establish a
discharge plan that includes a |
plan for the defendant's shelter, support, and
medication. If |
appropriate, the court shall order that the facility director
|
establish a program to train the defendant in self-medication |
under standards
established by the Department of Human |
Services.
If the Court finds, consistent with the provisions of |
this Section,
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, consistent with |
the provisions of this
Section, 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 5 years as provided in
paragraph
(D) |
of subsection (a-1) and shall be
subject
to later modification |
by the Court as provided by this Section. If the
Court finds |
consistent with the provisions in this Section that the
|
defendant is 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 State's Attorney determines that the defendant has |
not fulfilled the
conditions of his or her release, the State's |
|
Attorney may petition the
Court
to
revoke or modify the |
conditional release of the defendant. Upon the filing of
such |
petition the defendant may be remanded to the custody of the |
Department,
or to any other mental health facility designated |
by the Department, pending
the resolution of the petition. |
Nothing in this Section shall prevent the
emergency admission |
of a defendant pursuant to Article VI of Chapter III of the
|
Mental Health
and Developmental Disabilities Code or the |
voluntary admission of the defendant
pursuant to Article IV of |
Chapter III of the Mental Health and Developmental
Disabilities
|
Code. If
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 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
|
|
accordance with the standards established in paragraph (D) of |
subsection (a-1). 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 transmit a certified copy |
of the order of
discharge or conditional release to the |
Department of Human Services, to the sheriff of the county from |
which the defendant was admitted, to the Illinois Department of |
State Police, to
the proper law enforcement agency for the |
municipality
where the offense took
place, and to the sheriff |
of the county into which the defendant is
conditionally |
discharged. The Illinois Department of State Police shall
|
maintain a
centralized record of discharged or conditionally |
released defendants while
they are under court supervision for |
access and use of appropriate law
enforcement agencies.
|
(Source: P.A. 98-1025, eff. 8-22-14.)
|