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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||
4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||||||||||||||
5 | amended by changing Sections 104-17, 104-18, 104-20, 104-21, | |||||||||||||||||||||||||||||||
6 | 104-23, and 104-31 as follows:
| |||||||||||||||||||||||||||||||
7 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| |||||||||||||||||||||||||||||||
8 | Sec. 104-17. Commitment for Treatment; Treatment Plan.
| |||||||||||||||||||||||||||||||
9 | (a) If the defendant
is eligible to be or has been released | |||||||||||||||||||||||||||||||
10 | on bail or on his own recognizance,
the court shall select the | |||||||||||||||||||||||||||||||
11 | least physically restrictive form of treatment
therapeutically | |||||||||||||||||||||||||||||||
12 | appropriate and consistent with the treatment plan.
| |||||||||||||||||||||||||||||||
13 | (b) If the defendant's disability is mental, the court may | |||||||||||||||||||||||||||||||
14 | order him placed
for treatment in the custody of the Department | |||||||||||||||||||||||||||||||
15 | of Human Services, or the court may order him placed in
the | |||||||||||||||||||||||||||||||
16 | custody of any other
appropriate public or private mental | |||||||||||||||||||||||||||||||
17 | health facility or treatment program
which has agreed to | |||||||||||||||||||||||||||||||
18 | provide treatment to the defendant. If the defendant
is placed | |||||||||||||||||||||||||||||||
19 | in the custody of the Department of Human Services, the | |||||||||||||||||||||||||||||||
20 | defendant shall be placed in a
secure setting unless the
court | |||||||||||||||||||||||||||||||
21 | determines that
there are compelling reasons why such placement | |||||||||||||||||||||||||||||||
22 | is not necessary . During
the period of time required to | |||||||||||||||||||||||||||||||
23 | determine the appropriate placement the
defendant shall remain |
| |||||||
| |||||||
1 | in jail. If upon the completion of the placement process the | ||||||
2 | Department of Human Services determines that the defendant is | ||||||
3 | currently fit to stand trial, it shall immediately notify the | ||||||
4 | court and shall submit a written report within 7 days. In that | ||||||
5 | circumstance the placement shall be held pending a court | ||||||
6 | hearing on the Department's report. Otherwise, upon completion | ||||||
7 | of the placement process, the
sheriff shall be notified and | ||||||
8 | shall transport the defendant to the designated
facility. The | ||||||
9 | placement may be ordered either on an inpatient or an | ||||||
10 | outpatient
basis.
| ||||||
11 | (c) If the defendant's disability is physical, the court | ||||||
12 | may order him
placed under the supervision of the Department of | ||||||
13 | Human
Services
which shall place and maintain the defendant in | ||||||
14 | a suitable treatment facility
or program, or the court may | ||||||
15 | order him placed in an appropriate public or
private facility | ||||||
16 | or treatment program which has agreed to provide treatment
to | ||||||
17 | the defendant. The placement may be ordered either on an | ||||||
18 | inpatient or
an outpatient basis.
| ||||||
19 | (d) The clerk of the circuit court shall transmit to the | ||||||
20 | Department, agency
or institution, if any, to which the | ||||||
21 | defendant is remanded for treatment, the
following:
| ||||||
22 | (1) a certified copy of the order to undergo treatment;
| ||||||
23 | (2) the county and municipality in which the offense | ||||||
24 | was committed;
| ||||||
25 | (3) the county and municipality in which the arrest | ||||||
26 | took place; |
| |||||||
| |||||||
1 | (4) a copy of the arrest report, criminal charges, | ||||||
2 | arrest record, jail record, and the report prepared under | ||||||
3 | Section 104-15; and
| ||||||
4 | (5) all additional matters which the Court directs the | ||||||
5 | clerk to transmit.
| ||||||
6 | (e) Within 30 days of entry of an order to undergo | ||||||
7 | treatment, the person
supervising the defendant's treatment | ||||||
8 | shall file with the court, the State,
and the defense a report | ||||||
9 | assessing the facility's or program's capacity
to provide | ||||||
10 | appropriate treatment for the defendant and indicating his | ||||||
11 | opinion
as to the probability of the defendant's attaining | ||||||
12 | fitness within a period
of time one year from the date of the | ||||||
13 | finding of unfitness. For a defendant charged with a felony, | ||||||
14 | the period of time shall be one year. For a defendant charged | ||||||
15 | with a misdemeanor, the period of time shall be no longer than | ||||||
16 | the sentence if convicted of the most serious offense. If the | ||||||
17 | report indicates
that there is a substantial probability that | ||||||
18 | the defendant will attain fitness
within the time period, the | ||||||
19 | treatment supervisor shall also file a treatment
plan which | ||||||
20 | shall include:
| ||||||
21 | (1) A diagnosis of the defendant's disability;
| ||||||
22 | (2) A description of treatment goals with respect to | ||||||
23 | rendering the
defendant
fit, a specification of the | ||||||
24 | proposed treatment modalities, and an estimated
timetable | ||||||
25 | for attainment of the goals;
| ||||||
26 | (3) An identification of the person in charge of |
| |||||||
| |||||||
1 | supervising the
defendant's
treatment.
| ||||||
2 | (Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
| ||||||
3 | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| ||||||
4 | Sec. 104-18. Progress Reports.) | ||||||
5 | (a) The treatment supervisor shall submit
a written | ||||||
6 | progress report to the court, the State, and the defense:
| ||||||
7 | (1) At least 7 days prior to the date for any hearing | ||||||
8 | on the issue of
the defendant's fitness;
| ||||||
9 | (2) Whenever he believes that the defendant has | ||||||
10 | attained fitness;
| ||||||
11 | (3) Whenever he believes that there is not a | ||||||
12 | substantial probability that
the defendant will attain | ||||||
13 | fitness, with treatment, within the time period set in | ||||||
14 | subsection (e) of Section 104-17 of this Code one year from
| ||||||
15 | the date of the original finding of unfitness.
| ||||||
16 | (b) The progress report shall contain:
| ||||||
17 | (1) The clinical findings of the treatment supervisor | ||||||
18 | and the facts upon
which the findings are based;
| ||||||
19 | (2) The opinion of the treatment supervisor as to | ||||||
20 | whether the defendant
has attained fitness or as to whether | ||||||
21 | the defendant is making progress,
under treatment, toward | ||||||
22 | attaining fitness within the time period set in subsection | ||||||
23 | (e) of Section 104-17 of this Code one year from the date
| ||||||
24 | of the original finding of unfitness;
| ||||||
25 | (3) If the defendant is receiving medication, |
| |||||||
| |||||||
1 | information from the prescribing
physician indicating the | ||||||
2 | type, the dosage and the effect of the medication
on the | ||||||
3 | defendant's appearance, actions and demeanor.
| ||||||
4 | (c) Whenever the court is sent a report from the supervisor | ||||||
5 | of the defendant's treatment under paragraph (2) of subsection | ||||||
6 | (a) of this Section, the treatment provider shall arrange with | ||||||
7 | the court for the return of the defendant to the county jail | ||||||
8 | before the time frame specified in subsection (a) of Section | ||||||
9 | 104-20. This subsection (c) is inoperative on and after January | ||||||
10 | 1, 2014. | ||||||
11 | (Source: P.A. 97-1020, eff. 8-17-12.)
| ||||||
12 | (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
| ||||||
13 | Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) | ||||||
14 | (a) Upon entry
or continuation of any order to undergo | ||||||
15 | treatment, the court shall set a
date for hearing to reexamine | ||||||
16 | the issue of the defendant's fitness not more
than 90 days | ||||||
17 | thereafter. In addition, whenever the court receives a report
| ||||||
18 | from the supervisor of the defendant's treatment pursuant to | ||||||
19 | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | ||||||
20 | court shall forthwith
set the matter for a first hearing within | ||||||
21 | 14 days unless good cause is demonstrated why the hearing | ||||||
22 | cannot be held. On the date set or upon conclusion of the | ||||||
23 | matter
then pending before it, the court, sitting without a | ||||||
24 | jury, shall conduct
a hearing, unless waived by the defense, | ||||||
25 | and shall determine:
|
| |||||||
| |||||||
1 | (1) Whether the defendant is fit to stand trial or to | ||||||
2 | plead; and if not,
| ||||||
3 | (2) Whether the defendant is making progress under | ||||||
4 | treatment toward attainment
of fitness within the time | ||||||
5 | period set in subsection (e) of Section 104-17 of this Code | ||||||
6 | one year from the date of the original finding
of | ||||||
7 | unfitness.
| ||||||
8 | (b) If the court finds the defendant to be fit pursuant to | ||||||
9 | this Section,
the court shall set the matter for trial; | ||||||
10 | provided that if the defendant
is in need of continued care or | ||||||
11 | treatment and the supervisor of the defendant's
treatment | ||||||
12 | agrees to continue to provide it, the court may enter any order
| ||||||
13 | it deems appropriate for the continued care or treatment of the | ||||||
14 | defendant
by the facility or program pending the conclusion of | ||||||
15 | the criminal proceedings.
| ||||||
16 | (c) If the court finds that the defendant is still unfit | ||||||
17 | but that he is
making progress toward attaining fitness, the | ||||||
18 | court may continue or modify
its original treatment order | ||||||
19 | entered pursuant to Section 104-17.
| ||||||
20 | (d) If the court finds that the defendant is still unfit | ||||||
21 | and that he is
not making progress toward attaining fitness | ||||||
22 | such that there is not a
substantial probability that he will | ||||||
23 | attain fitness within the time period set in subsection (e) of | ||||||
24 | Section 104-17 of this Code one year from
the date of the | ||||||
25 | original finding of unfitness, the court shall proceed pursuant
| ||||||
26 | to Section 104-23. However, if the defendant is in need of |
| |||||||
| |||||||
1 | continued care
and treatment and the supervisor of the | ||||||
2 | defendant's treatment agrees to
continue to provide it, the | ||||||
3 | court may enter any order it deems appropriate
for the | ||||||
4 | continued care or treatment by the facility or program pending | ||||||
5 | the
conclusion of the criminal proceedings.
| ||||||
6 | (Source: P.A. 97-37, eff. 6-28-11.)
| ||||||
7 | (725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
| ||||||
8 | Sec. 104-21. Medication.
| ||||||
9 | (a) A defendant who is receiving psychotropic drugs
shall | ||||||
10 | not be presumed to be unfit to stand trial
solely by virtue of | ||||||
11 | the receipt of those drugs or medications.
| ||||||
12 | (b) Whenever a defendant who is receiving medication under | ||||||
13 | medical direction
is transferred between a place of custody and | ||||||
14 | a treatment facility or program,
a written report from the | ||||||
15 | prescribing physician shall accompany the defendant.
The | ||||||
16 | report shall state the type and dosage of the defendant's | ||||||
17 | medication
and the duration of the prescription. The chief | ||||||
18 | officer of the place of
custody or the treatment supervisor at | ||||||
19 | the facility or program shall insure
that such medication is | ||||||
20 | provided according to the directions of the prescribing
| ||||||
21 | physician or until superseded by order of a physician who has | ||||||
22 | examined the
defendant.
| ||||||
23 | (c) If a defendant refuses psychotropic medication, it may | ||||||
24 | be administered over the defendant's objections in accord with | ||||||
25 | the Mental Health and Developmental Disabilities Code. If court |
| |||||||
| |||||||
1 | authorized medications are sought, the petition, prepared in | ||||||
2 | accord with Section 2-107.1 of the Mental Health and | ||||||
3 | Developmental Disabilities Code may be filed in the county | ||||||
4 | where the defendant is located or with the court having | ||||||
5 | jurisdiction over the defendant. | ||||||
6 | (Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)
| ||||||
7 | (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
| ||||||
8 | Sec. 104-23. Unfit defendants. Cases involving an unfit | ||||||
9 | defendant who
demands a discharge hearing or a defendant who | ||||||
10 | cannot become fit to stand
trial and for whom no special | ||||||
11 | provisions or assistance can compensate for
his disability and | ||||||
12 | render him fit shall proceed in the following manner:
| ||||||
13 | (a) Upon a determination that there is not a substantial | ||||||
14 | probability
that the defendant will attain fitness within the | ||||||
15 | time period set in subsection (e) of Section 104-17 of this | ||||||
16 | Code one year from the original
finding of unfitness, a | ||||||
17 | defendant or the attorney for the defendant
may move for a | ||||||
18 | discharge hearing pursuant to the provisions of Section 104-25.
| ||||||
19 | The discharge hearing shall be held within 120 days of the | ||||||
20 | filing of a
motion for a discharge hearing, unless the delay is | ||||||
21 | occasioned by the defendant.
| ||||||
22 | (b) If at any time the court determines that there is not a | ||||||
23 | substantial
probability that the defendant will become fit to | ||||||
24 | stand trial or to plead
within the time period set in | ||||||
25 | subsection (e) of Section 104-17 of this Code one year from the |
| |||||||
| |||||||
1 | date of the original finding of unfitness,
or if at the end of | ||||||
2 | the time period set in subsection (e) of Section 104-17 of this | ||||||
3 | Code one year from that date the court finds the defendant
| ||||||
4 | still unfit and for whom no special provisions or assistance | ||||||
5 | can compensate
for his disabilities and render him fit, the | ||||||
6 | State shall request the court:
| ||||||
7 | (1) To set the matter for hearing pursuant to Section | ||||||
8 | 104-25 unless
a hearing has already been held pursuant to | ||||||
9 | paragraph (a) of this Section; or
| ||||||
10 | (2) To release the defendant from custody and to | ||||||
11 | dismiss with prejudice
the charges against him; or
| ||||||
12 | (3) To remand the defendant to the custody of the | ||||||
13 | Department of
Human Services and order a
hearing to be | ||||||
14 | conducted
pursuant to the provisions of the Mental Health | ||||||
15 | and Developmental Disabilities
Code, as now or hereafter | ||||||
16 | amended. The Department of Human Services shall have 7 days | ||||||
17 | from the
date it receives the
defendant to prepare and file | ||||||
18 | the necessary petition and certificates that are
required | ||||||
19 | for commitment under the Mental Health and Developmental | ||||||
20 | Disabilities
Code. If the defendant is committed to the
| ||||||
21 | Department of Human Services pursuant to such
hearing, the | ||||||
22 | court
having jurisdiction over the criminal matter shall | ||||||
23 | dismiss the charges against
the defendant, with the leave | ||||||
24 | to reinstate. In such cases the Department of Human | ||||||
25 | Services shall notify the court,
the State's attorney and | ||||||
26 | the defense attorney upon the discharge of the
defendant. A |
| |||||||
| |||||||
1 | former defendant so committed
shall be treated in the same | ||||||
2 | manner as any other civilly committed patient
for all | ||||||
3 | purposes including admission, selection of the place of | ||||||
4 | treatment
and the treatment modalities, entitlement to | ||||||
5 | rights and privileges, transfer,
and discharge. A | ||||||
6 | defendant who is not committed shall be remanded to the
| ||||||
7 | court having jurisdiction of the criminal matter for | ||||||
8 | disposition pursuant
to subparagraph (1) or (2) of | ||||||
9 | paragraph (b) of this Section.
| ||||||
10 | (c) If the defendant is restored to fitness and the | ||||||
11 | original charges
against him are reinstated, the speedy trial | ||||||
12 | provisions of Section 103-5
shall commence to run.
| ||||||
13 | (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
| ||||||
14 | (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
| ||||||
15 | Sec. 104-31. No defendant placed in a setting of the | ||||||
16 | Department of
Human Services pursuant to
the provisions of | ||||||
17 | Sections 104-17, 104-25, or 104-26 shall be permitted outside
| ||||||
18 | the facility's
housing unit unless escorted or accompanied by | ||||||
19 | personnel of the Department of
Human Services or authorized by | ||||||
20 | court order.
Any defendant placed in a secure setting pursuant | ||||||
21 | to this Section ,
transported to court hearings or other | ||||||
22 | necessary appointments
off facility grounds
by personnel of
the | ||||||
23 | Department of Human Services, may be
placed in security devices
| ||||||
24 | or otherwise secured during the period of transportation to | ||||||
25 | assure
secure transport of the defendant and the safety of |
| |||||||
| |||||||
1 | Department
of Human Services personnel and others. These | ||||||
2 | security measures
shall not constitute restraint as defined in | ||||||
3 | the Mental Health and
Developmental Disabilities Code.
Nor | ||||||
4 | shall
any defendant
be permitted any off-grounds privileges, | ||||||
5 | either with or without escort by
personnel of the Department of | ||||||
6 | Human Services or ,
any unsupervised on-ground privileges, or | ||||||
7 | placement in a non-secure setting unless such off-grounds or
| ||||||
8 | unsupervised on-grounds privileges , or placement in a | ||||||
9 | non-secure setting have been approved by specific court
order, | ||||||
10 | which order may include such conditions on the defendant as the
| ||||||
11 | court may deem appropriate and necessary to reasonably assure | ||||||
12 | the
defendant's satisfactory progress in treatment and the | ||||||
13 | safety of the defendant
or others. Whenever the court receives | ||||||
14 | a report from the supervisor of the defendant's treatment | ||||||
15 | recommending the defendant for any off-grounds or unsupervised | ||||||
16 | on-grounds privileges, or placement in a non-secure setting, | ||||||
17 | the court shall set the matter for a first hearing within 21 | ||||||
18 | days unless good cause is demonstrated why the hearing cannot | ||||||
19 | be held.
The changes made to this Section by
this amendatory | ||||||
20 | Act of the 96th General Assembly are declarative of existing
| ||||||
21 | law and shall not be construed as a new enactment.
| ||||||
22 | (Source: P.A. 95-296, eff. 8-20-07; 96-1069, eff. 7-16-10.)
| ||||||
23 | Section 10. The Unified Code of Corrections is amended by | ||||||
24 | changing Section 5-2-4 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
2 | Sec. 5-2-4. Proceedings after Acquittal by Reason of | ||||||
3 | Insanity.
| ||||||
4 | (a) After a finding or verdict of not guilty by reason of | ||||||
5 | insanity
under Sections 104-25, 115-3 or 115-4 of the Code of | ||||||
6 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
7 | the Department of Human Services for
an evaluation as to
| ||||||
8 | whether he is in need of mental health
services. The order
| ||||||
9 | shall specify whether the evaluation shall be conducted on an | ||||||
10 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
11 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
12 | in a secure setting unless the Court
determines that there are | ||||||
13 | compelling reasons why such placement is not
necessary . With | ||||||
14 | the court order for evaluation shall be sent a copy of the | ||||||
15 | arrest report, criminal charges, arrest record, jail record, | ||||||
16 | any report prepared under Section 115-6 of the Code of Criminal | ||||||
17 | Procedure of 1963, and any victim impact statement prepared | ||||||
18 | under Section 6 of the Rights of Crime Victims and Witnesses | ||||||
19 | Act.
After the evaluation and during the period of time | ||||||
20 | required to
determine the appropriate placement, the defendant | ||||||
21 | shall
remain in jail.
Individualized placement evaluations by | ||||||
22 | the Department of Human Services determine the most appropriate | ||||||
23 | setting for forensic treatment based upon a number of factors | ||||||
24 | including mental health diagnosis, proximity to surviving | ||||||
25 | victims, security need, age, gender, and proximity to family. | ||||||
26 | Upon completion of the placement process the sheriff shall be |
| |||||||
| |||||||
1 | notified and
shall transport the defendant to the designated | ||||||
2 | facility.
| ||||||
3 | The Department shall provide the Court with a report of its | ||||||
4 | evaluation
within 30 days of the date of this order. The Court | ||||||
5 | shall hold a hearing
as provided under the Mental Health and | ||||||
6 | Developmental Disabilities Code to
determine if the individual | ||||||
7 | is:
(a)
in need of mental health services on an inpatient | ||||||
8 | basis; (b) in
need of
mental health services on an outpatient | ||||||
9 | basis; (c) a person not in
need of
mental health services. The | ||||||
10 | Court shall enter its findings.
| ||||||
11 | If the defendant is found to be in
need
of mental health | ||||||
12 | services on an inpatient care basis, the Court shall order the
| ||||||
13 | defendant to the Department of Human Services.
The defendant | ||||||
14 | shall be placed in a secure setting unless the Court determines
| ||||||
15 | that there are compelling reasons why such placement is not | ||||||
16 | necessary . Such
defendants placed in a secure setting shall not | ||||||
17 | be permitted outside the
facility's housing unit unless | ||||||
18 | escorted or accompanied by personnel of the
Department of Human | ||||||
19 | Services or with the prior approval of the Court for
| ||||||
20 | unsupervised
on-grounds privileges as provided
herein.
Any | ||||||
21 | defendant placed in a secure setting pursuant to this Section,
| ||||||
22 | transported to court hearings or other necessary appointments
| ||||||
23 | off facility grounds
by personnel of
the Department of Human | ||||||
24 | Services, shall be
placed in security devices
or otherwise | ||||||
25 | secured during the period of transportation to assure
secure | ||||||
26 | transport of the defendant and the safety of Department
of |
| |||||||
| |||||||
1 | Human Services personnel and others. These security measures
| ||||||
2 | shall not constitute restraint as defined in the Mental Health | ||||||
3 | and
Developmental Disabilities Code.
If the defendant is found | ||||||
4 | to be in need of mental health services,
but not on an | ||||||
5 | inpatient care basis, the Court shall conditionally release
the | ||||||
6 | defendant, under such conditions as set forth in this Section | ||||||
7 | as will
reasonably assure the defendant's satisfactory | ||||||
8 | progress and participation
in treatment or
rehabilitation and | ||||||
9 | the safety of the defendant and others. If the
Court
finds the | ||||||
10 | person not in need of mental health services, then the Court
| ||||||
11 | shall order the defendant discharged from custody.
| ||||||
12 | (a-1) Definitions. For the purposes of this Section:
| ||||||
13 | (A) (Blank).
| ||||||
14 | (B) "In need of mental health services on an inpatient | ||||||
15 | basis" means: a
defendant who has been found not guilty by | ||||||
16 | reason of insanity but who due to mental illness is
| ||||||
17 | reasonably expected to inflict
serious physical harm upon | ||||||
18 | himself or another and who would benefit from
inpatient | ||||||
19 | care or is in need of inpatient care.
| ||||||
20 | (C) "In need of mental health services on an outpatient | ||||||
21 | basis" means:
a defendant who has been found not guilty by | ||||||
22 | reason of insanity who is not in need of mental health | ||||||
23 | services on
an inpatient basis, but is in need of | ||||||
24 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
25 | programs, community adjustment programs, individual, | ||||||
26 | group,
or family therapy, or chemotherapy.
|
| |||||||
| |||||||
1 | (D) "Conditional Release" means: the release from | ||||||
2 | either the custody
of the Department of Human Services
or | ||||||
3 | the custody of the Court of a person who has been found not | ||||||
4 | guilty by
reason of insanity under such conditions as the | ||||||
5 | Court may impose which
reasonably assure the defendant's | ||||||
6 | satisfactory progress in
treatment or habilitation and the | ||||||
7 | safety of the defendant and others. The
Court shall | ||||||
8 | consider such terms and conditions which may include, but | ||||||
9 | need
not be limited to, outpatient care, alcoholic and drug | ||||||
10 | rehabilitation programs,
community adjustment programs, | ||||||
11 | individual, group, family, and chemotherapy,
random | ||||||
12 | testing to ensure the defendant's timely and continuous | ||||||
13 | taking of any
medicines prescribed
to control or manage his | ||||||
14 | or her conduct or mental state, and
periodic checks with | ||||||
15 | the legal authorities and/or the Department of Human
| ||||||
16 | Services.
The Court may order as a condition of conditional | ||||||
17 | release that the
defendant not contact the victim of the | ||||||
18 | offense that
resulted in the finding or
verdict of not | ||||||
19 | guilty by reason of insanity or any other person. The Court | ||||||
20 | may
order the
Department of
Human Services to provide care | ||||||
21 | to any
person conditionally released under this Section. | ||||||
22 | The Department may contract
with any public or private | ||||||
23 | agency in order to discharge any responsibilities
imposed | ||||||
24 | under this Section. The Department shall monitor the | ||||||
25 | provision of
services to persons conditionally released | ||||||
26 | under this Section and provide
periodic reports to the |
| |||||||
| |||||||
1 | Court concerning the services and the condition of the
| ||||||
2 | defendant.
Whenever a person is conditionally released | ||||||
3 | pursuant to this Section, the
State's Attorney for the | ||||||
4 | county in which the hearing is held shall designate in
| ||||||
5 | writing the name, telephone number, and address of a person | ||||||
6 | employed by him or
her who
shall be notified in the event | ||||||
7 | that either the reporting agency or the
Department decides | ||||||
8 | that the conditional release of the defendant should be
| ||||||
9 | revoked or modified pursuant to subsection (i) of this | ||||||
10 | Section. Such
conditional release shall be for
a period of | ||||||
11 | five years. However, the defendant, the person or
facility
| ||||||
12 | rendering the treatment, therapy, program or outpatient | ||||||
13 | care, the
Department, or the
State's Attorney may petition | ||||||
14 | the Court for an extension of
the conditional
release | ||||||
15 | period for an additional 5 years. Upon receipt of such a
| ||||||
16 | petition, the Court shall hold a hearing consistent with | ||||||
17 | the provisions of
paragraph (a), this paragraph (a-1),
and | ||||||
18 | paragraph (f) of this Section, shall determine
whether the | ||||||
19 | defendant should continue to be subject to the terms of
| ||||||
20 | conditional release, and shall enter an order either | ||||||
21 | extending the
defendant's period of conditional release | ||||||
22 | for an additional
5
year period or discharging the | ||||||
23 | defendant.
Additional 5-year periods of conditional | ||||||
24 | release may be ordered following a
hearing as provided in | ||||||
25 | this Section. However,
in no event shall the defendant's
| ||||||
26 | period of conditional release continue beyond the maximum |
| |||||||
| |||||||
1 | period of
commitment ordered by the Court pursuant to | ||||||
2 | paragraph (b) of this Section. These provisions for
| ||||||
3 | extension of conditional release shall only apply to | ||||||
4 | defendants
conditionally released on or after August 8, | ||||||
5 | 2003. However the extension
provisions of Public Act | ||||||
6 | 83-1449 apply only to defendants charged
with a forcible | ||||||
7 | felony.
| ||||||
8 | (E) "Facility director" means the chief officer of a | ||||||
9 | mental health or
developmental disabilities facility or | ||||||
10 | his or her designee or the supervisor of
a program of | ||||||
11 | treatment or habilitation or his or her designee. | ||||||
12 | "Designee" may
include a physician, clinical psychologist, | ||||||
13 | social worker, nurse, or clinical
professional counselor.
| ||||||
14 | (b) If the Court finds the defendant in need of mental | ||||||
15 | health services on an
inpatient basis, the
admission, | ||||||
16 | detention, care, treatment or habilitation, treatment plans,
| ||||||
17 | review proceedings, including review of treatment and | ||||||
18 | treatment plans, and
discharge of the defendant after such | ||||||
19 | order shall be under the
Mental Health and Developmental | ||||||
20 | Disabilities Code, except that the
initial order for admission | ||||||
21 | of a defendant acquitted of a felony by
reason of insanity | ||||||
22 | shall be for an indefinite period of time. Such period
of | ||||||
23 | commitment shall not exceed the maximum
length of time that the | ||||||
24 | defendant would have been required to serve,
less credit for | ||||||
25 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
26 | of Corrections, before becoming eligible for
release had
he |
| |||||||
| |||||||
1 | been convicted of and received the maximum sentence for the | ||||||
2 | most
serious crime for which he has been acquitted by reason of | ||||||
3 | insanity. The
Court shall determine the maximum period of | ||||||
4 | commitment by an appropriate
order. During this period of time, | ||||||
5 | the defendant shall not be permitted
to be in the community in | ||||||
6 | any manner, including but not limited to off-grounds
| ||||||
7 | privileges, with or without escort by personnel of the | ||||||
8 | Department of Human
Services, unsupervised on-grounds | ||||||
9 | privileges,
discharge or conditional or temporary release, | ||||||
10 | except by a plan as provided in
this Section. In no event shall | ||||||
11 | a defendant's continued unauthorized
absence be a basis for | ||||||
12 | discharge. Not more than 30 days after admission
and every 60 | ||||||
13 | days thereafter so long as the initial order
remains in effect, | ||||||
14 | the facility director shall file a treatment plan report
in | ||||||
15 | writing with the court
and forward a copy of the treatment plan | ||||||
16 | report to the clerk of the
court, the State's Attorney, and the | ||||||
17 | defendant's attorney, if the defendant is
represented by | ||||||
18 | counsel,
or to a person authorized by
the defendant under the
| ||||||
19 | Mental Health and Developmental Disabilities Confidentiality | ||||||
20 | Act to be sent a
copy of the report. The report shall include | ||||||
21 | an opinion
as to whether the
defendant is currently in need of | ||||||
22 | mental
health services on an inpatient basis or in need of | ||||||
23 | mental health services
on
an outpatient basis. The report shall | ||||||
24 | also summarize the basis for those
findings and provide a | ||||||
25 | current summary of the following items from the
treatment plan: | ||||||
26 | (1) an assessment of the defendant's treatment needs, (2) a
|
| |||||||
| |||||||
1 | description of the services recommended for treatment, (3) the | ||||||
2 | goals of each
type of element of service, (4) an anticipated | ||||||
3 | timetable for the accomplishment
of the goals, and (5) a | ||||||
4 | designation of the qualified professional responsible
for the | ||||||
5 | implementation of the plan.
The report may also include | ||||||
6 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
7 | (with or without escort by personnel of the
Department of Human | ||||||
8 | Services), home visits and
participation in work
programs, but | ||||||
9 | only where such privileges have been approved by specific court
| ||||||
10 | order, which order may include such conditions on the defendant | ||||||
11 | as the
Court may deem appropriate and necessary to reasonably | ||||||
12 | assure the defendant's
satisfactory progress in treatment and | ||||||
13 | the safety of the defendant and others.
| ||||||
14 | (c) Every defendant acquitted of a felony by reason of | ||||||
15 | insanity and
subsequently found to be in need of
mental health | ||||||
16 | services shall be represented by counsel in all proceedings | ||||||
17 | under
this Section and under the Mental Health and | ||||||
18 | Developmental Disabilities Code.
| ||||||
19 | (1) The Court shall appoint as counsel the public | ||||||
20 | defender or an
attorney licensed by this State.
| ||||||
21 | (2) Upon filing with the Court of a verified statement | ||||||
22 | of legal
services rendered by the private attorney | ||||||
23 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
24 | Court shall determine a reasonable
fee for such services. | ||||||
25 | If the defendant is unable to pay the fee, the
Court shall | ||||||
26 | enter an order upon the State to pay the entire fee or such
|
| |||||||
| |||||||
1 | amount as the defendant is unable to pay from funds | ||||||
2 | appropriated by the
General Assembly for that purpose.
| ||||||
3 | (d) When the facility director determines that:
| ||||||
4 | (1) the defendant is no longer
in need of mental health | ||||||
5 | services on an inpatient basis; and
| ||||||
6 | (2) the defendant may be conditionally released | ||||||
7 | because he
or she is still in need of mental health | ||||||
8 | services or that the defendant
may be discharged as not in | ||||||
9 | need of any mental health services; or
| ||||||
10 | (3) (blank); the defendant no longer requires | ||||||
11 | placement in a secure setting;
| ||||||
12 | the facility director shall give written notice
to the Court, | ||||||
13 | State's Attorney and defense attorney.
Such notice shall set | ||||||
14 | forth in detail the basis for the recommendation of
the | ||||||
15 | facility director, and specify clearly the recommendations, if | ||||||
16 | any,
of the facility director, concerning conditional release.
| ||||||
17 | Any recommendation for conditional release shall include an | ||||||
18 | evaluation of
the defendant's need for psychotropic | ||||||
19 | medication, what provisions should be
made, if any, to ensure | ||||||
20 | that the defendant will continue to receive
psychotropic | ||||||
21 | medication following discharge, and what provisions should be | ||||||
22 | made
to assure the safety of the defendant and others in the | ||||||
23 | event the defendant is
no longer receiving psychotropic | ||||||
24 | medication.
Within 30 days of
the notification by the facility | ||||||
25 | director, the Court shall set a hearing and
make a finding as | ||||||
26 | to whether the defendant is:
|
| |||||||
| |||||||
1 | (i) (blank); or
| ||||||
2 | (ii) in need of mental health services in the form of | ||||||
3 | inpatient care; or
| ||||||
4 | (iii) in need of mental health services but not subject | ||||||
5 | to inpatient care;
or
| ||||||
6 | (iv) no longer in need of mental health services; or
| ||||||
7 | (v) (blank). no longer requires placement in a secure | ||||||
8 | setting.
| ||||||
9 | Upon finding by the Court, the Court shall enter its | ||||||
10 | findings and such
appropriate order as provided in subsections | ||||||
11 | (a) and (a-1) of this Section.
| ||||||
12 | (e) A defendant admitted pursuant to this Section, or any | ||||||
13 | person on
his behalf, may file a petition for treatment plan | ||||||
14 | review , transfer to a
non-secure setting within the Department | ||||||
15 | of Human Services
or discharge or conditional release under the
| ||||||
16 | standards of this Section in the Court which rendered the | ||||||
17 | verdict. Upon
receipt of a petition for treatment plan review , | ||||||
18 | transfer to a non-secure
setting or discharge or conditional | ||||||
19 | release, the Court shall set a hearing to
be held within 120 | ||||||
20 | days. Thereafter, no new petition
may be filed for 180 days
| ||||||
21 | without leave of the Court.
| ||||||
22 | (f) The Court shall direct that notice of the time and | ||||||
23 | place of the
hearing be served upon the defendant, the facility | ||||||
24 | director, the State's
Attorney, and the defendant's attorney. | ||||||
25 | If requested by either the State or the
defense or if the Court | ||||||
26 | feels it is appropriate, an impartial examination
of the |
| |||||||
| |||||||
1 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
2 | in
Section 1-103 of the Mental Health and Developmental | ||||||
3 | Disabilities Code who
is not in the employ of the Department of | ||||||
4 | Human Services shall be ordered, and
the report considered at
| ||||||
5 | the time of the hearing.
| ||||||
6 | (g) The findings of the Court shall be established by clear | ||||||
7 | and
convincing evidence. The burden of proof and the burden of | ||||||
8 | going forth
with the evidence rest with the defendant or any | ||||||
9 | person on the defendant's
behalf when a hearing is held to | ||||||
10 | review
a petition filed by or on
behalf of the defendant. The | ||||||
11 | evidence shall be presented in open
Court
with the right of | ||||||
12 | confrontation and cross-examination.
Such evidence may | ||||||
13 | include, but is not limited to:
| ||||||
14 | (1) whether the defendant appreciates the harm caused | ||||||
15 | by the defendant to
others and the community by his or her | ||||||
16 | prior
conduct
that resulted in the finding of not guilty by | ||||||
17 | reason of insanity;
| ||||||
18 | (2) Whether the person appreciates the criminality of | ||||||
19 | conduct similar to
the conduct for which he or she was | ||||||
20 | originally charged in this matter;
| ||||||
21 | (3) the current state of
the defendant's illness;
| ||||||
22 | (4) what, if any, medications the defendant is taking | ||||||
23 | to
control his or her mental illness;
| ||||||
24 | (5) what, if any, adverse physical side effects
the | ||||||
25 | medication has on the defendant;
| ||||||
26 | (6) the length of time it would take for the |
| |||||||
| |||||||
1 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
2 | stopped taking prescribed medication;
| ||||||
3 | (7) the defendant's history or potential for alcohol | ||||||
4 | and drug abuse;
| ||||||
5 | (8) the defendant's past criminal history;
| ||||||
6 | (9) any specialized physical or medical needs of the | ||||||
7 | defendant;
| ||||||
8 | (10) any family participation or involvement expected | ||||||
9 | upon release and
what is the willingness and ability of the | ||||||
10 | family to participate or be
involved;
| ||||||
11 | (11) the defendant's potential to be a danger to | ||||||
12 | himself, herself, or
others; and
| ||||||
13 | (12) any other factor or factors the Court deems | ||||||
14 | appropriate.
| ||||||
15 | (h) Before the court orders that the defendant be | ||||||
16 | discharged or
conditionally released, it shall order the | ||||||
17 | facility director to establish a
discharge plan that includes a | ||||||
18 | plan for the defendant's shelter, support, and
medication. If | ||||||
19 | appropriate, the court shall order that the facility director
| ||||||
20 | establish a program to train the defendant in self-medication | ||||||
21 | under standards
established by the Department of Human | ||||||
22 | Services.
If the Court finds, consistent with the provisions of | ||||||
23 | this Section,
that the defendant is no longer in need of mental
| ||||||
24 | health services it shall order the facility director to | ||||||
25 | discharge the
defendant. If the Court finds, consistent with | ||||||
26 | the provisions of this
Section, that the defendant is in need |
| |||||||
| |||||||
1 | of mental
health services, and no longer in need of inpatient | ||||||
2 | care, it shall order
the facility director to release the | ||||||
3 | defendant under such conditions as the
Court deems appropriate | ||||||
4 | and as provided by this Section. Such conditional
release shall | ||||||
5 | be imposed for a period of 5 years as provided in
paragraph
(D) | ||||||
6 | of subsection (a-1) and shall be
subject
to later modification | ||||||
7 | by the Court as provided by this Section. If the
Court finds | ||||||
8 | consistent with the provisions in this Section that the
| ||||||
9 | defendant is in
need of mental health services on an inpatient | ||||||
10 | basis, it shall order the
facility director not to discharge or | ||||||
11 | release the defendant in accordance
with paragraph (b) of this | ||||||
12 | Section.
| ||||||
13 | (i) If within the period of the defendant's conditional | ||||||
14 | release
the State's Attorney determines that the defendant has | ||||||
15 | not fulfilled the
conditions of his or her release, the State's | ||||||
16 | Attorney may petition the
Court
to
revoke or modify the | ||||||
17 | conditional release of the defendant. Upon the filing of
such | ||||||
18 | petition the defendant may be remanded to the custody of the | ||||||
19 | Department,
or to any other mental health facility designated | ||||||
20 | by the Department, pending
the resolution of the petition. | ||||||
21 | Nothing in this Section shall prevent the
emergency admission | ||||||
22 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
23 | Mental Health
and Developmental Disabilities Code or the | ||||||
24 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
25 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
26 | Code. If
the Court determines, after hearing evidence, that the |
| |||||||
| |||||||
1 | defendant has
not fulfilled the conditions of release, the | ||||||
2 | Court shall order a hearing
to be held consistent with the | ||||||
3 | provisions of paragraph (f) and (g) of this
Section. At such | ||||||
4 | hearing, if the Court finds that the defendant is in need of | ||||||
5 | mental health services on an inpatient
basis, it shall enter an | ||||||
6 | order remanding him or her to the Department of
Human Services | ||||||
7 | or other
facility. If the defendant is remanded to the | ||||||
8 | Department of Human Services, he
or she shall be placed in
a | ||||||
9 | secure setting unless the Court
determines that there are | ||||||
10 | compelling reasons that such placement is not
necessary. If the
| ||||||
11 | Court finds that the defendant continues to be in need of | ||||||
12 | mental health
services but not on an inpatient basis, it may | ||||||
13 | modify the conditions of
the original release in order to | ||||||
14 | reasonably assure the defendant's satisfactory
progress in | ||||||
15 | treatment and his or her safety and the safety of others in
| ||||||
16 | accordance with the standards established in paragraph (D) of | ||||||
17 | subsection (a-1). Nothing in
this Section shall limit a Court's | ||||||
18 | contempt powers or any other powers of a
Court.
| ||||||
19 | (j) An order of admission under this Section does not | ||||||
20 | affect the
remedy of habeas corpus.
| ||||||
21 | (k) In the event of a conflict between this Section and the | ||||||
22 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
23 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
24 | provisions of this Section shall govern.
| ||||||
25 | (l) This amendatory Act shall apply to all persons who have | ||||||
26 | been found
not guilty by reason of insanity and who are |
| |||||||
| |||||||
1 | presently committed to the
Department of Mental Health and | ||||||
2 | Developmental Disabilities (now the
Department of Human | ||||||
3 | Services).
| ||||||
4 | (m) The Clerk of the Court shall, after the entry of an | ||||||
5 | order of transfer
to a non-secure setting of the Department of | ||||||
6 | Human Services or discharge or
conditional release, transmit
a | ||||||
7 | certified
copy of the order to the Department of Human | ||||||
8 | Services, and the sheriff of the
county from which the
| ||||||
9 | defendant was
admitted.
The Clerk of the Court shall also | ||||||
10 | transmit a certified copy of the order of
discharge or | ||||||
11 | conditional release to the Department of Human Services, to the | ||||||
12 | sheriff of the county from which the defendant was admitted, to | ||||||
13 | the Illinois Department of State Police, to
the proper law | ||||||
14 | enforcement agency for the municipality
where the offense took
| ||||||
15 | place, and to the sheriff of the county into which the | ||||||
16 | defendant is
conditionally discharged. The Illinois Department | ||||||
17 | of State Police shall
maintain a
centralized record of | ||||||
18 | discharged or conditionally released defendants while
they are | ||||||
19 | under court supervision for access and use of appropriate law
| ||||||
20 | enforcement agencies.
| ||||||
21 | (Source: P.A. 95-296, eff. 8-20-07; 95-331, eff. 8-21-07; | ||||||
22 | 96-1138, eff. 7-21-10.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|