Public Act 096-1069
 
SB2504 EnrolledLRB096 16191 RLC 31446 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 104-31 as follows:
 



    (725 ILCS 5/104-31)  (from Ch. 38, par. 104-31)



    Sec. 104-31. No defendant placed in a secure setting of the 
Department of
Human Services pursuant to
the provisions of 
Sections 104-17, 104-25, or 104-26 shall be permitted outside

the facility's
housing unit unless escorted or accompanied by 
personnel of the Department of
Human Services or authorized by 
court order.
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.
 Nor 
shall
any such defendant
be permitted any off-grounds 
privileges, either with or without escort by
personnel of the 
Department of Human Services,
or any unsupervised on-ground 
privileges, or placement in a non-secure setting unless such 
off-grounds or
unsupervised on-grounds privileges, or 
placement in a non-secure setting 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
or 
others. Whenever the court receives a report from the 
supervisor of the defendant's treatment recommending the 
defendant for any  off-grounds or unsupervised on-grounds 
privileges, or placement in a non-secure setting, the court 
shall set the matter for a first hearing within 21 days unless 
good cause is demonstrated why the hearing cannot be held.
The 
changes made to this Section by
this amendatory Act of the 96th 
General Assembly are declarative of existing
law and shall not 
be construed as a new enactment. 

(Source: P.A. 95-296, eff. 8-20-07.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.