SB2504 Engrossed

LRB096 16191 RLC 31446 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 
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amended  by changing Section 104-31 as follows:
 



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



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

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the facility's
housing unit unless escorted or accompanied by 
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personnel of the Department of
Human Services or authorized by 
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court order.
Any defendant placed in a secure setting pursuant 
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to this Section,
transported to court hearings or other 
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necessary appointments
off facility grounds
by personnel of
the 
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Department of Human Services, may be
placed in security devices

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or otherwise secured during the period of transportation to 
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assure
secure transport of the defendant and the safety of 
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Department
of Human Services personnel and others.  These 
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security measures
shall not constitute restraint as defined in 
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the Mental Health and
Developmental Disabilities Code.
 Nor 
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shall
any such defendant
be permitted any off-grounds 
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privileges, either with or without escort by
personnel of the 
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Department of Human Services,
or any unsupervised on-ground 
 


 






SB2504 Engrossed
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LRB096 16191 RLC 31446 b




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privileges, or placement in a non-secure setting unless such 
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off-grounds or
unsupervised on-grounds privileges, or 
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placement in a non-secure setting have been approved by 
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specific court
order, which order may include such conditions 
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on the defendant as the
court may deem appropriate and 
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necessary to reasonably assure the
defendant's satisfactory 
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progress in treatment and the safety of the defendant
or 
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others. Whenever the court receives a report from the 
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supervisor of the defendant's treatment recommending the 
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defendant for any  off-grounds or unsupervised on-grounds 
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privileges, or placement in a non-secure setting, the court 
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shall set the matter for a first hearing within 21 days unless 
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good cause is demonstrated why the hearing cannot be held.
The 
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changes made to this Section by
this amendatory Act of the 96th 
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General Assembly are declarative of existing
law and shall not 
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be construed as a new enactment. 

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

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