093_HB3151

 
                                     LRB093 07958 DRJ 08152 b

 1        AN ACT in relation to mental health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Section 5.1 and adding Section 15f as follows:

 7        (20 ILCS 1705/5.1) (from Ch. 91 1/2, par. 100-5.1)
 8        Sec.  5.1.  The  Department  shall  develop, by rule, the
 9    procedures  and  standards  by   which   it   shall   approve
10    medications  for  clinical  use in its facilities.  A list of
11    those drugs approved pursuant to these  procedures  shall  be
12    distributed to all Department facilities.
13        Drugs   not   listed   by   the  Department  may  not  be
14    administered in facilities  under  the  jurisdiction  of  the
15    Department,   provided   that   an   unlisted   drug  may  be
16    administered as part  of  research  with  the  prior  written
17    consent  of  the  Secretary  specifying  the  nature  of  the
18    permitted  use and the physicians authorized to prescribe the
19    drug.  Drugs, as used in this Section, mean psychotropic  and
20    narcotic drugs.
21        Notwithstanding  any  other  provision of this Section, a
22    recipient of mental health services in a facility  under  the
23    Department's  jurisdiction  who  was admitted to the facility
24    involuntarily by court order  under  the  Mental  Health  and
25    Developmental Disabilities Code may participate in biomedical
26    or  pharmacological  research  at  the  facility  only  after
27    consenting  to  such  participation  and only after the court
28    that ordered the recipient committed to the facility approves
29    the recipient's consent.
30        No physician in the Department shall sign a  prescription
31    in  blank,  nor  permit blank prescription forms to circulate
 
                            -2-      LRB093 07958 DRJ 08152 b
 1    out of his possession or control.
 2    (Source: P.A. 89-507, eff. 7-1-97.)

 3        (20 ILCS 1705/15f new)
 4        Sec.  15f.  Educational  information  to  recipient  upon
 5    discharge.
 6        (a)  In this Section:
 7        "Care provider" means  the  person  or  persons  who  can
 8    demonstrate  that  they  are  primarily  responsible  for the
 9    health care of the recipient. The term does not apply to  any
10    person providing care through a hospital, nursing home, group
11    home, or any other such facility.
12        "Recipient"  means  a  person  who  has  received  or  is
13    receiving  treatment  (as  defined  in  the Mental Health and
14    Developmental Disabilities Code)  at  a  facility  under  the
15    Department's jurisdiction.
16        (b)  Upon  a  recipient's discharge from a facility under
17    the Department's jurisdiction, the Department  shall  provide
18    to  the  recipient  and  his or her care provider a packet of
19    written educational information developed and supplied by the
20    Department describing symptoms of  common  mental  illnesses,
21    early  warning  signs  of decompensation, and availability of
22    other  education,  community,  and  statewide  services.  The
23    packet  shall  also  include  the  telephone  number  of  the
24    Department's information line and information specific to the
25    laws and procedures addressing admission to a  mental  health
26    facility and guardianship.
27        (c)  Upon  a  recipient's discharge from a facility under
28    the Department's jurisdiction, the  Department  may  disclose
29    confidential treatment information to the recipient's primary
30    care  provider,  when such information is medically necessary
31    for the provision of appropriate health care or treatment  by
32    the  care  provider  or  is  related  to  the  safety  of the
33    recipient or care provider.
 
                            -3-      LRB093 07958 DRJ 08152 b
 1        Before disclosing the information  specified  under  this
 2    subsection,  the  Department must: (i) provide written notice
 3    to the recipient; (ii) request  in  writing  the  recipient's
 4    consent  to the disclosure; (iii) work with the recipient and
 5    care provider to encourage and secure  appropriate  recipient
 6    authorization;  (iv)  function as a mediator, negotiating the
 7    boundaries of  confidentiality  to  meet  the  needs  of  the
 8    recipient  and  the  care  provider;  and  (v)  work with the
 9    recipient to  stress  the  importance  of  keeping  the  care
10    provider informed and involved with the recipient's treatment
11    process.   If  the  recipient  refuses  to  consent  and  the
12    recipient's treating physician at the mental health  facility
13    determines  that  the  information is medically necessary for
14    the appropriate provision of health care or treatment by  the
15    care provider or is related to the safety of the recipient or
16    the   care   provider,   the  Department  may  still  release
17    information to the appropriate care provider.
18        The reason for  the  intended  disclosure,  the  specific
19    information  to  be  released,  and  the  persons to whom the
20    disclosure is to be  made,  even  if  consent  has  not  been
21    obtained,  must  be provided to the recipient and to the care
22    provider. All these procedures  must  be  documented  by  the
23    treating  physician  in  the  recipient's record, including a
24    specific notation as to whether the recipient's  consent  was
25    given.

26        Section   10.  The   Mental   Health   and  Developmental
27    Disabilities Code is amended by adding Sections  2-102.5  and
28    2-107.3 and changing Section 2-200 as follows:

29        (405 ILCS 5/2-102.5 new)
30        Sec. 2-102.5.  Participation in research. A recipient who
31    was  admitted  to  a  mental  facility involuntarily by court
32    order under  this  Code  may  participate  in  biomedical  or
 
                            -4-      LRB093 07958 DRJ 08152 b
 1    pharmacological   research   at   the   facility  only  after
 2    consenting to such participation and  only  after  the  court
 3    that ordered the recipient committed to the facility approves
 4    the recipient's consent.

 5        (405 ILCS 5/2-107.3 new)
 6        Sec.    2-107.3.  Administration    of   non-psychotropic
 7    medication.
 8        (a)  If an adult recipient of services,  or  his  or  her
 9    guardian  or  substitute  decision  maker, refuses medication
10    (other than psychotropic medication) prescribed to treat  the
11    recipient's   mental   illness,   that   medication   may  be
12    administered  to  the  recipient  without   the   recipient's
13    informed consent (i) as provided in subsection (a) of Section
14    2-107 or (ii) under the following standards:
15             (1)  Any  person 18 years of age or older, including
16        any guardian, may petition the circuit court for an order
17        authorizing the administration of medication  other  than
18        psychotropic  medication  to a recipient of services. The
19        petition shall state that the petitioner has made a  good
20        faith  attempt  to  determine  whether  the recipient has
21        executed a power of attorney for health  care  under  the
22        Powers  of  Attorney for Health Care Law or a declaration
23        for mental  health  treatment  under  the  Mental  Health
24        Treatment Preference Declaration Act and to obtain copies
25        of  these  instruments  if  they exist.  If either of the
26        above-named instruments is available to  the  petitioner,
27        the  instrument  or  a  copy  of  the instrument shall be
28        attached to the petition as an  exhibit.  The  petitioner
29        shall  deliver  a copy of the petition, and notice of the
30        time and place of the hearing, to the respondent, his  or
31        her  attorney,  any  known  agent or attorney-in-fact, if
32        any, and the guardian, if any, no later than 3 days prior
33        to the date of the hearing. Service of the  petition  and
 
                            -5-      LRB093 07958 DRJ 08152 b
 1        notice  of  the time and place of the hearing may be made
 2        by  transmitting  them  via  facsimile  machine  to   the
 3        respondent  or other party.  Upon receipt of the petition
 4        and notice, the party served, or  the  person  delivering
 5        the  petition  and  notice  to  the  party  served, shall
 6        acknowledge service.  If the party sending  the  petition
 7        and  notice  does  not receive acknowledgement of service
 8        within  24  hours,  service  must  be  made  by  personal
 9        service.
10             The petition may include a request  that  the  court
11        authorize such testing and procedures as may be essential
12        for   the   safe  and  effective  administration  of  the
13        medication sought to be administered,  but  only  if  the
14        petition  sets  forth the specific testing and procedures
15        sought to be administered.
16             If a hearing is requested  to  be  held  immediately
17        following  the  hearing  on  a  petition  for involuntary
18        admission, then the notice requirement shall be the  same
19        as  that  for the hearing on the petition for involuntary
20        admission,  and  the  petition  filed  pursuant  to  this
21        Section shall be filed with the petition for  involuntary
22        admission.
23             (2)  The  court  shall  hold a hearing within 7 days
24        after the  filing  of  the  petition.   The  People,  the
25        petitioner,  or  the  respondent  shall  be entitled to a
26        continuance of up to 7 days as of right.   An  additional
27        continuance  of   not  more than 7 days may be granted to
28        any party (i) upon a  showing  that  the  continuance  is
29        needed  in  order  to  adequately  prepare for or present
30        evidence in a hearing under this Section  or  (ii)  under
31        exceptional   circumstances.   The  court  may  grant  an
32        additional continuance not to exceed 21 days when, in its
33        discretion, the court determines that such a  continuance
34        is  necessary  in  order to provide the recipient with an
 
                            -6-      LRB093 07958 DRJ 08152 b
 1        examination pursuant to Section 3-803 or  3-804  of  this
 2        Act,  to  provide  the  recipient with a trial by jury as
 3        provided in Section 3-802 of this Act, or to arrange  for
 4        the  substitution  of  counsel  as  provided  for  by the
 5        Illinois  Supreme  Court  Rules.  The  hearing  shall  be
 6        separate from a judicial  proceeding  held  to  determine
 7        whether  a person is subject to involuntary admission but
 8        may be heard immediately preceding or  following  such  a
 9        judicial proceeding and may be heard by the same trier of
10        fact or law as in that judicial proceeding.
11             (3)  Unless  otherwise provided in this Section, the
12        procedures set forth in Article VIII of Chapter 3 of this
13        Act, including the provisions  regarding  appointment  of
14        counsel, shall govern hearings held under this Section.
15             (4)  Medication  other  than psychotropic medication
16        shall not be administered to the recipient unless it  has
17        been determined by clear and convincing evidence that all
18        of the following factors are present:
19                  (A)  The   recipient   has   a  serious  mental
20             illness.
21                  (B)  Because  of  that  mental   illness,   the
22             recipient  exhibits  any  one  of the following: (i)
23             deterioration of his or  her  ability  to  function,
24             (ii) suffering, or (iii) threatening behavior.
25                  (C)  The  illness  has  existed  for  a  period
26             marked  by  the  continuing presence of the symptoms
27             set forth in item (B) of this subdivision (4) or the
28             repeated episodic occurrence of these symptoms.
29                  (D)  The benefits of the treatment outweigh the
30             harm.
31                  (E)  The recipient lacks the capacity to make a
32             reasoned decision about the treatment.
33                  (F)  Other less restrictive services have  been
34             explored and found inappropriate.
 
                            -7-      LRB093 07958 DRJ 08152 b
 1                  (G)  If  the  petition  seeks authorization for
 2             testing  and  other  procedures,  the  testing   and
 3             procedures  are essential for the safe and effective
 4             administration of the treatment.
 5             (5)  In no event shall an order  issued  under  this
 6        Section  be  effective  for  more  than 90 days. A second
 7        90-day period of involuntary treatment may be  authorized
 8        pursuant  to  a  hearing that complies with the standards
 9        and procedures of this  Section.  Thereafter,  additional
10        180-day   periods   of   involuntary   treatment  may  be
11        authorized pursuant to the standards  and  procedures  of
12        this   Section  without  limit.  If  a  new  petition  to
13        authorize the administration  of  medication  other  than
14        psychotropic  medication  is filed at least 15 days prior
15        to  the  expiration  of  the  prior  order,  and  if  any
16        continuance of the hearing is agreed to by the recipient,
17        the administration of  the  medication  may  continue  in
18        accordance with the prior order pending the completion of
19        a hearing under this Section.
20             (6)  An   order  issued  under  this  Section  shall
21        designate  the  persons  authorized  to  administer   the
22        medication  under  the  standards  and procedures of this
23        Section. Those persons shall have complete discretion not
24        to  administer  any  medication  authorized  under   this
25        Section. The order shall also specify the medications and
26        the   anticipated   range   of  dosages  that  have  been
27        authorized.
28        (b)  A guardian may  be  authorized  to  consent  to  the
29    administration   of   medication   other   than  psychotropic
30    medication to an objecting recipient only under the standards
31    and procedures of subsection (a).
32        (c)  Notwithstanding any other provision of this Section,
33    a guardian may consent to the  administration  of  medication
34    other   than   psychotropic  medication  to  a  non-objecting
 
                            -8-      LRB093 07958 DRJ 08152 b
 1    recipient under Article XIa of the Probate Act of 1975.
 2        (d)  Nothing  in   this   Section   shall   prevent   the
 3    administration   of   medication   other   than  psychotropic
 4    medication to recipients in an emergency under Section  2-107
 5    of this Act.
 6        (e)  Notwithstanding   any  of  the  provisions  of  this
 7    Section, medication other than psychotropic medication may be
 8    administered pursuant to a power of attorney for health  care
 9    under  the  Powers  of  Attorney  for  Health  Care  Law or a
10    declaration Declaration Act.

11        (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
12        Sec. 2-200.  (a) Upon commencement  of  services,  or  as
13    soon  thereafter  as  the condition of the recipient permits,
14    every adult recipient, as well as the recipient's guardian or
15    substitute decision maker, and  every  recipient  who  is  12
16    years  of  age or older and the parent or guardian of a minor
17    or person under guardianship shall be informed orally and  in
18    writing  of  the  rights guaranteed by this Chapter which are
19    relevant to the nature of the recipient's  services  program.
20    Every  facility shall also post conspicuously in public areas
21    a summary of the rights which are relevant  to  the  services
22    delivered by that facility.
23        (b)  A  recipient who is 12 years of age or older and the
24    parent or guardian of a minor or person under guardianship at
25    any time may designate, and  upon  commencement  of  services
26    shall  be  informed  of  the  right to designate, a person or
27    agency to receive notice under Section  2-201  or  to  direct
28    that  no  information about the recipient be disclosed to any
29    person or agency.
30        (c)  Upon commencement of services, or as soon thereafter
31    as the condition of the recipient permits, the facility shall
32    ask the adult recipient or minor recipient admitted  pursuant
33    to  Section 3-502 whether the recipient wants the facility to
 
                            -9-      LRB093 07958 DRJ 08152 b
 1    contact the  recipient's  spouse,  parents,  guardian,  close
 2    relatives,  friends, attorney, advocate from the Guardianship
 3    and Advocacy Commission  or  the  agency  designated  by  the
 4    Governor  under  Section  1  of  "An  Act  in relation to the
 5    protection  and  advocacy  of  the  rights  of  persons  with
 6    developmental disabilities, and amending Acts therein named",
 7    approved September 20, 1985, or others and inform them of the
 8    recipient's presence at the facility.  The facility shall  by
 9    phone  or  by  mail  contact  at  least  two  of those people
10    designated by the recipient and  shall  inform  them  of  the
11    recipient's  location.   If  the  recipient  so requests, the
12    facility shall  also  inform  them  of  how  to  contact  the
13    recipient.
14        (d)  Upon commencement of services, or as soon thereafter
15    as the condition of the recipient permits, the facility shall
16    advise  the recipient as to the circumstances under which the
17    law permits (i) the use of emergency forced medication  under
18    subsection  (a)  of  Section  2-107,  restraint under Section
19    2-108,  or  seclusion  under  Section  2-109  and  (ii)   the
20    administration   of   medication   other   than  psychotropic
21    medication  as  authorized  by  court  order  under   Section
22    2-107.3.  At the same time, the facility shall inquire of the
23    recipient which form  of  intervention  the  recipient  would
24    prefer  if  any  of  these  circumstances  should arise.  The
25    recipient's preference shall  be  noted  in  the  recipient's
26    record  and  communicated  by the facility to the recipient's
27    guardian or substitute decision maker, if any, and any  other
28    individual   designated   by  the  recipient.   If  any  such
29    circumstances subsequently do arise, the facility shall  give
30    due   consideration  to  the  preferences  of  the  recipient
31    regarding which form of intervention to use  as  communicated
32    to  the  facility  by  the  recipient  or  as  stated  in the
33    recipient's advance directive.
34    (Source: P.A. 91-726, eff. 6-2-00.)
 
                            -10-     LRB093 07958 DRJ 08152 b
 1        Section 15.  The Rights of Crime  Victims  and  Witnesses
 2    Act is amended by changing Section 4.5 as follows:

 3        (725 ILCS 120/4.5)
 4        Sec.  4.5.  Procedures  to  implement the rights of crime
 5    victims.   To  afford  crime  victims   their   rights,   law
 6    enforcement, prosecutors, judges and corrections will provide
 7    information, as appropriate of the following procedures:
 8        (a)  At  the request of the crime victim, law enforcement
 9    authorities investigating the case shall  provide  notice  of
10    the  status  of  the  investigation, except where the State's
11    Attorney determines that disclosure of such information would
12    unreasonably interfere with  the  investigation,  until  such
13    time   as   the  alleged  assailant  is  apprehended  or  the
14    investigation is closed.
15        (b)  The office of the State's Attorney:
16             (1)  shall  provide  notice   of   the   filing   of
17        information,  the  return  of  an  indictment  by which a
18        prosecution for any violent crime is  commenced,  or  the
19        filing   of  a  petition  to  adjudicate  a  minor  as  a
20        delinquent for a violent crime;
21             (2)  shall provide notice of  the  date,  time,  and
22        place of trial;
23             (3)  or  victim  advocate  personnel  shall  provide
24        information  of  social services and financial assistance
25        available for victims of crime, including information  of
26        how to apply for these services and assistance;
27             (4)  shall  assist  in  having  any  stolen or other
28        personal property held by law enforcement authorities for
29        evidentiary or other purposes returned  as  expeditiously
30        as  possible,  pursuant  to  the  procedures  set  out in
31        Section 115-9 of the Code of Criminal Procedure of 1963;
32             (5)  or  victim  advocate  personnel  shall  provide
33        appropriate employer intercession services to ensure that
 
                            -11-     LRB093 07958 DRJ 08152 b
 1        employers of victims will  cooperate  with  the  criminal
 2        justice system in order to minimize an employee's loss of
 3        pay and other benefits resulting from court appearances;
 4             (6)  shall provide information whenever possible, of
 5        a  secure waiting area during court proceedings that does
 6        not require victims to be in close proximity to defendant
 7        or juveniles  accused  of  a  violent  crime,  and  their
 8        families and friends;
 9             (7)  shall provide notice to the crime victim of the
10        right   to   have  a  translator  present  at  all  court
11        proceedings;
12             (8)  in the case of the death  of  a  person,  which
13        death  occurred  in the same transaction or occurrence in
14        which acts occurred for which a defendant is charged with
15        an offense, shall notify the  spouse,  parent,  child  or
16        sibling  of  the decedent of the date of the trial of the
17        person or persons allegedly responsible for the death;
18             (9)  shall inform the victim of the  right  to  have
19        present at all court proceedings, subject to the rules of
20        evidence,  an  advocate  or  other  support person of the
21        victim's choice, and the right to retain an attorney,  at
22        the  victim's own expense, who, upon written notice filed
23        with the clerk of the court and State's Attorney,  is  to
24        receive  copies  of all notices, motions and court orders
25        filed thereafter in the case, in the same  manner  as  if
26        the victim were a named party in the case; and
27             (10)  at  the  sentencing  hearing shall make a good
28        faith attempt to  explain  the  minimum  amount  of  time
29        during  which  the  defendant  may actually be physically
30        imprisoned.  The Office of  the  State's  Attorney  shall
31        further  notify  the crime victim of the right to request
32        from the Prisoner Review Board information concerning the
33        release of the defendant  under  subparagraph  (d)(1)  of
34        this Section; and
 
                            -12-     LRB093 07958 DRJ 08152 b
 1             (11)  shall  request  restitution  at sentencing and
 2        shall consider restitution in any  plea  negotiation,  as
 3        provided by law.
 4        (c)  At  the  written  request  of  the crime victim, the
 5    office of the State's Attorney shall:
 6             (1)  provide notice a reasonable time in advance  of
 7        the following court proceedings: preliminary hearing, any
 8        hearing  the  effect  of  which  may  be  the  release of
 9        defendant from custody, or to  alter  the  conditions  of
10        bond  and the sentencing hearing.  The crime victim shall
11        also  be  notified  of  the  cancellation  of  the  court
12        proceeding in  sufficient  time,  wherever  possible,  to
13        prevent an unnecessary appearance in court;
14             (2)  provide  notice  within a reasonable time after
15        receipt of notice from the custodian, of the  release  of
16        the  defendant  on  bail  or personal recognizance or the
17        release from detention of a minor who has  been  detained
18        for a violent crime;
19             (3)  explain in nontechnical language the details of
20        any  plea  or verdict of a defendant, or any adjudication
21        of a juvenile as a delinquent for a violent crime;
22             (4)  where practical, consult with the crime  victim
23        before  the Office of the State's Attorney makes an offer
24        of a  plea  bargain  to  the  defendant  or  enters  into
25        negotiations  with  the  defendant  concerning a possible
26        plea agreement, and shall  consider  the  written  victim
27        impact  statement,  if  prepared prior to entering into a
28        plea agreement;
29             (5)  provide notice of the ultimate  disposition  of
30        the  cases  arising from an indictment or an information,
31        or a  petition  to  have  a  juvenile  adjudicated  as  a
32        delinquent for a violent crime;
33             (6)  provide  notice  of  any  appeal  taken  by the
34        defendant  and  information  on  how   to   contact   the
 
                            -13-     LRB093 07958 DRJ 08152 b
 1        appropriate agency handling the appeal;
 2             (7)  provide    notice    of    any    request   for
 3        post-conviction  review  filed  by  the  defendant  under
 4        Article 122 of the Code of Criminal  Procedure  of  1963,
 5        and of the date, time and place of any hearing concerning
 6        the  petition.   Whenever possible, notice of the hearing
 7        shall be given in advance;
 8             (8)  forward a copy of any statement presented under
 9        Section 6 to the Prisoner Review Board to  be  considered
10        by the Board in making its determination under subsection
11        (b) of Section 3-3-8 of the Unified Code of Corrections.
12        (d) (1)  The  Prisoner Review Board shall inform a victim
13        or any other concerned citizen, upon written request,  of
14        the  prisoner's  release  on parole, mandatory supervised
15        release, electronic detention, work  release  or  by  the
16        custodian  of  the  discharge  of  any individual who was
17        adjudicated a delinquent for a violent crime  from  State
18        custody  and  by the sheriff of the appropriate county of
19        any such person's final discharge  from  county  custody.
20        The  Prisoner  Review  Board, upon written request, shall
21        provide to a victim or  any  other  concerned  citizen  a
22        recent  photograph  of  any person convicted of a felony,
23        upon his or her release from custody. The Prisoner Review
24        Board, upon written request, shall inform a victim or any
25        other concerned citizen when feasible  at  least  7  days
26        prior  to the prisoner's release on furlough of the times
27        and dates of such furlough.  Upon written request by  the
28        victim  or  any  other  concerned  citizen,  the  State's
29        Attorney  shall  notify  the person once of the times and
30        dates of release of  a  prisoner  sentenced  to  periodic
31        imprisonment.   Notification  shall  be based on the most
32        recent information as  to  victim's  or  other  concerned
33        citizen's  residence  or  other location available to the
34        notifying authority. For purposes of this  paragraph  (1)
 
                            -14-     LRB093 07958 DRJ 08152 b
 1        of subsection (d), "concerned citizen" includes relatives
 2        of  the  victim,  friends of the victim, witnesses to the
 3        crime, or any other person associated with the victim  or
 4        prisoner.
 5             (2)  When  the  defendant  has been committed to the
 6        Department of Human Services pursuant to Section 5-2-4 or
 7        any other provision of the Unified Code  of  Corrections,
 8        the  victim  may  request to be notified by the releasing
 9        authority shall notify  the  victim  of  the  defendant's
10        discharge  from  State custody. Notification by certified
11        mail to the most current address provided by  the  victim
12        shall constitute compliance with this paragraph (2).
13             (3)  In  the  event of an escape from State custody,
14        the Department of Corrections  immediately  shall  notify
15        the  Prisoner Review Board of the escape and the Prisoner
16        Review Board shall notify the victim.   The  notification
17        shall be based upon the most recent information as to the
18        victim's  residence  or  other  location available to the
19        Board.  When no such information is available, the  Board
20        shall   make   all   reasonable  efforts  to  obtain  the
21        information and make the notification.  When the  escapee
22        is apprehended, the Department of Corrections immediately
23        shall  notify  the  Prisoner  Review  Board and the Board
24        shall notify the victim.
25             (4)  The victim of the crime for which the  prisoner
26        has  been  sentenced  shall  receive  reasonable  written
27        notice  not less than 15 days prior to the parole hearing
28        and may submit, in writing, on film, videotape  or  other
29        electronic  means  or  in  the  form of a recording or in
30        person   at   the   parole   hearing,   information   for
31        consideration by the Prisoner Review Board.   The  victim
32        shall  be  notified  within 7 days after the prisoner has
33        been granted parole and shall be informed of the right to
34        inspect the registry  of  parole  decisions,  established
 
                            -15-     LRB093 07958 DRJ 08152 b
 1        under subsection (g) of Section 3-3-5 of the Unified Code
 2        of Corrections.  The provisions of this paragraph (4) are
 3        subject to the Open Parole Hearings Act.
 4             (5)  If  a  statement  is presented under Section 6,
 5        the Prisoner Review Board shall inform the victim of  any
 6        order  of  discharge  entered  by  the  Board pursuant to
 7        Section 3-3-8 of the Unified Code of Corrections.
 8             (6)  At the written request of  the  victim  of  the
 9        crime  for which the prisoner was sentenced, the Prisoner
10        Review Board shall notify the victim of the death of  the
11        prisoner   if  the  prisoner  died  while  on  parole  or
12        mandatory supervised release.
13             (7)  When a defendant who has been committed to  the
14        Department  of  Corrections  or  the  Department of Human
15        Services  is  released  or  discharged  and  subsequently
16        committed to  the  Department  of  Human  Services  as  a
17        sexually  violent  person and the victim had requested to
18        be notified by the releasing authority of the defendant's
19        discharge from State  custody,  the  releasing  authority
20        shall  provide  to  the Department of Human Services such
21        information that would  allow  the  Department  of  Human
22        Services to contact the victim.
23        (e)  The officials named in this Section may satisfy some
24    or  all  of  their  obligations  to provide notices and other
25    information through participation in a statewide  victim  and
26    witness  notification  system  established  by  the  Attorney
27    General under Section 8.5 of this Act.
28    (Source:  P.A.  90-14,  eff.  7-1-97;  90-793,  eff. 8-14-98;
29    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

30        Section 20.  The Unified Code of Corrections  is  amended
31    by changing Section 5-2-4 as follows:

32        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
 
                            -16-     LRB093 07958 DRJ 08152 b
 1        Sec.  5-2-4.  Proceedings  after  Acquittal  by Reason of
 2    Insanity.
 3        (a)  After a finding or verdict of not guilty  by  reason
 4    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
 5    of Criminal Procedure of 1963, the defendant shall be ordered
 6    to  the  Department of Human Services for an evaluation as to
 7    whether he is subject to involuntary admission or in need  of
 8    mental  health services.  The order shall specify whether the
 9    evaluation shall be conducted on an inpatient  or  outpatient
10    basis.  If  the evaluation is to be conducted on an inpatient
11    basis, the defendant shall be  placed  in  a  secure  setting
12    unless the Court determines that there are compelling reasons
13    why such placement is not necessary. After the evaluation and
14    during   the   period  of  time  required  to  determine  the
15    appropriate placement, the defendant shall  remain  in  jail.
16    Upon  completion  of the placement  process the sheriff shall
17    be  notified  and  shall  transport  the  defendant  to   the
18    designated facility.
19        The  Department  shall provide the Court with a report of
20    its evaluation within 30 days of the date of this order.  The
21    Court shall hold a  hearing  as  provided  under  the  Mental
22    Health  and  Developmental  Disabilities Code to determine if
23    the individual is: (a) subject to involuntary admission;  (b)
24    in  need of mental health services on an inpatient basis; (c)
25    in need of mental health services on an outpatient basis; (d)
26    a person not in need of mental health  services.   The  Court
27    shall enter its findings.
28        If  the  defendant  is found to be subject to involuntary
29    admission  or  in  need  of  mental  health  services  on  an
30    inpatient care basis, the Court shall order the defendant  to
31    the  Department  of  Human  Services.  The defendant shall be
32    placed in a secure setting unless the Court  determines  that
33    there  are  compelling  reasons  why  such  placement  is not
34    necessary. Such defendants placed in a secure  setting  shall
 
                            -17-     LRB093 07958 DRJ 08152 b
 1    not  be  permitted outside the facility's housing unit unless
 2    escorted or accompanied by personnel  of  the  Department  of
 3    Human  Services  or  with the prior approval of the Court for
 4    unsupervised on-grounds privileges as  provided  herein.  Any
 5    defendant  placed  in  a  secure  setting  pursuant  to  this
 6    Section,  transported  to  court  hearings or other necessary
 7    appointments  off  facility  grounds  by  personnel  of   the
 8    Department  of  Human  Services,  may  be  placed in security
 9    devices  or  otherwise   secured   during   the   period   of
10    transportation  to  assure  secure transport of the defendant
11    and the safety of Department of Human Services personnel  and
12    others.    These   security  measures  shall  not  constitute
13    restraint as defined in the Mental Health  and  Developmental
14    Disabilities Code. If the defendant is found to be in need of
15    mental  health  services, but not on an inpatient care basis,
16    the Court shall conditionally release  the  defendant,  under
17    such  conditions  as  set  forth  in  this  Section  as  will
18    reasonably  assure  the  defendant's satisfactory progress in
19    treatment or rehabilitation and the safety of  the  defendant
20    or  others.   If  the  Court  finds the person not in need of
21    mental health  services,  then  the  Court  shall  order  the
22    defendant discharged from custody.
23        (1)  Definitions:  For the purposes of this Section:
24             (A)  "Subject  to  involuntary  admission" means:  a
25        defendant  has  been  found  not  guilty  by  reason   of
26        insanity; and
27                  (i)  who is mentally ill and who because of his
28             mental  illness  is  reasonably  expected to inflict
29             serious physical harm upon himself or another in the
30             near future; or
31                  (ii)  who is mentally ill and  who  because  of
32             his  illness  is  unable  to  provide  for his basic
33             physical needs so as to guard himself  from  serious
34             harm.
 
                            -18-     LRB093 07958 DRJ 08152 b
 1             (B)  "In  need  of  mental  health  services  on  an
 2        inpatient  basis"  means:  a defendant who has been found
 3        not guilty by reason of insanity who is  not  subject  to
 4        involuntary  admission  but who is reasonably expected to
 5        inflict serious physical harm upon himself or another and
 6        who would benefit from inpatient care or is  in  need  of
 7        inpatient care.
 8             (C)  "In  need  of  mental  health  services  on  an
 9        outpatient  basis"  means: a defendant who has been found
10        not guilty by reason of insanity who is  not  subject  to
11        involuntary   admission  or  in  need  of  mental  health
12        services on  an  inpatient  basis,  but  is  in  need  of
13        outpatient   care,  drug  and/or  alcohol  rehabilitation
14        programs,  community  adjustment  programs,   individual,
15        group, or family therapy, or chemotherapy.
16             (D)  "Conditional  Release"  means: the release from
17        either the custody of the Department of Human Services or
18        the custody of the Court of a person who has  been  found
19        not guilty by reason of insanity under such conditions as
20        the   Court   may  impose  which  reasonably  assure  the
21        defendant's  satisfactory  progress   in   treatment   or
22        habilitation  and the safety of the defendant and others.
23        The Court shall consider such terms and conditions  which
24        may include, but need not be limited to, outpatient care,
25        alcoholic  and  drug  rehabilitation  programs, community
26        adjustment  programs,  individual,  group,  family,   and
27        chemotherapy,  periodic checks with the legal authorities
28        and/or the Department of Human Services.  The  person  or
29        facility  rendering the outpatient care shall be required
30        to periodically report to the Court on  the  progress  of
31        the  defendant.  Such  conditional release shall be for a
32        period of five years, unless the defendant, the person or
33        facility rendering the  treatment,  therapy,  program  or
34        outpatient  care,  or  the State's Attorney petitions the
 
                            -19-     LRB093 07958 DRJ 08152 b
 1        Court for an extension of the conditional release  period
 2        for  an  additional  three  years. Upon receipt of such a
 3        petition, the Court shall hold a hearing consistent  with
 4        the provisions of this paragraph (a) and paragraph (f) of
 5        this  Section,  shall  determine  whether  the  defendant
 6        should continue to be subject to the terms of conditional
 7        release,  and  shall  enter an order either extending the
 8        defendant's period of conditional release  for  a  single
 9        additional   three   year   period   or  discharging  the
10        defendant. In no event shall the  defendant's  period  of
11        conditional  release exceed eight years. These provisions
12        for extension of conditional release shall only apply  to
13        defendants  conditionally  released  on  or after July 1,
14        1979. However the  extension  provisions  of  Public  Act
15        83-1449  apply only to defendants charged with a forcible
16        felony.
17             (E)  "Facility director" means the chief officer  of
18        a mental health or developmental disabilities facility or
19        his  or  her  designee  or the supervisor of a program of
20        treatment  or  habilitation  or  his  or  her   designee.
21        "Designee"    may    include    a   physician,   clinical
22        psychologist, social worker, or nurse.
23        (b)  If  the  Court  finds  the  defendant   subject   to
24    involuntary admission or in need of mental health services on
25    an inpatient basis, the admission, detention, care, treatment
26    or   habilitation,   treatment   plans,  review  proceedings,
27    including  review  of  treatment  and  treatment  plans,  and
28    discharge of the defendant after such order  shall  be  under
29    the Mental Health and Developmental Disabilities Code, except
30    that the initial order for admission of a defendant acquitted
31    of  a felony by reason of insanity shall be for an indefinite
32    period of time. Such period of commitment  shall  not  exceed
33    the maximum length of time that the defendant would have been
34    required  to  serve,  less  credit  for good behavior, before
 
                            -20-     LRB093 07958 DRJ 08152 b
 1    becoming eligible for release had he been  convicted  of  and
 2    received  the maximum sentence for the most serious crime for
 3    which he has been acquitted by reason of insanity. The  Court
 4    shall  determine  the  maximum  period  of  commitment  by an
 5    appropriate order. During  this period of time, the defendant
 6    shall not be permitted to be in the community in any  manner,
 7    including  but not limited to off-grounds privileges, with or
 8    without escort  by  personnel  of  the  Department  of  Human
 9    Services,  unsupervised  on-grounds  privileges, discharge or
10    conditional  or  temporary  release,  except  by  a  plan  as
11    provided in this Section.  In no event  shall  a  defendant's
12    continued unauthorized absence be a basis for discharge.  Not
13    more   than  30  days  after  admission  and  every  60  days
14    thereafter so long as the initial order  remains  in  effect,
15    the facility director shall file a treatment plan report with
16    the  court and forward a copy of the treatment plan report to
17    the clerk  of  the  court,  the  State's  Attorney,  and  the
18    defendant's  attorney,  if  the  defendant  is represented by
19    counsel, or to a person authorized by the defendant under the
20    Mental Health and Developmental Disabilities  Confidentiality
21    Act  to  be  sent  a  copy  of  the report.  The report shall
22    include an opinion as to whether the defendant  is  currently
23    subject  to  involuntary  admission, in need of mental health
24    services on an inpatient basis, or in need of  mental  health
25    services  on  an  outpatient  basis.   The  report shall also
26    summarize the basis for those findings and provide a  current
27    summary  of  the following items from the treatment plan: (1)
28    an assessment of  the  defendant's  treatment  needs,  (2)  a
29    description  of  the  services recommended for treatment, (3)
30    the goals  of  each  type  of  element  of  service,  (4)  an
31    anticipated  timetable  for  the accomplishment of the goals,
32    and  (5)  a  designation  of   the   qualified   professional
33    responsible  for  the  implementation of the plan. The report
34    may  also   include   unsupervised   on-grounds   privileges,
 
                            -21-     LRB093 07958 DRJ 08152 b
 1    off-grounds  privileges  (with or without escort by personnel
 2    of  the  Department  of  Human  Services),  home  visits  and
 3    participation  in  work  programs,  but   only   where   such
 4    privileges  have been approved by specific court order, which
 5    order may include such conditions on  the  defendant  as  the
 6    Court may deem appropriate and necessary to reasonably assure
 7    the  defendant's  satisfactory  progress in treatment and the
 8    safety of the defendant and others.
 9        (c)  Every defendant acquitted of a felony by  reason  of
10    insanity  and subsequently found to be subject to involuntary
11    admission or in need  of  mental  health  services  shall  be
12    represented  by counsel in all proceedings under this Section
13    and under the Mental Health  and  Developmental  Disabilities
14    Code.
15             (1)  The  Court  shall appoint as counsel the public
16        defender or an attorney licensed by this State.
17             (2)  Upon  filing  with  the  Court  of  a  verified
18        statement of  legal  services  rendered  by  the  private
19        attorney  appointed  pursuant  to  paragraph  (1) of this
20        subsection, the Court shall determine  a  reasonable  fee
21        for such services.  If the defendant is unable to pay the
22        fee, the Court shall enter an order upon the State to pay
23        the  entire fee or such amount as the defendant is unable
24        to pay from funds appropriated by  the  General  Assembly
25        for that purpose.
26        (d)  When the facility director determines that:
27             (1)  the   defendant   is   no   longer  subject  to
28        involuntary  admission  or  in  need  of  mental   health
29        services on an inpatient basis; and
30             (2)  the  defendant  may  be  conditionally released
31        because he or she is  still  in  need  of  mental  health
32        services  or  that the defendant may be discharged as not
33        in need of any mental health services; or
34             (3)  the defendant no longer requires placement in a
 
                            -22-     LRB093 07958 DRJ 08152 b
 1        secure setting;
 2    the facility director shall give written notice to the Court,
 3    State's Attorney and defense attorney. The facility  director
 4    shall also give written notice to the State's Attorney of the
 5    county   into  which  the  defendant  will  be  conditionally
 6    released. Such notice shall set forth in detail the basis for
 7    the recommendation of  the  facility  director,  and  specify
 8    clearly   the   recommendations,  if  any,  of  the  facility
 9    director, concerning conditional release.  Within 30 days  of
10    the  notification  by  the facility director, the Court shall
11    set a hearing and make a finding as to whether the  defendant
12    is:
13             (i)  subject to involuntary admission; or
14             (ii)  in  need of mental health services in the form
15        of inpatient care; or
16             (iii)  in need of mental  health  services  but  not
17        subject to involuntary admission or inpatient care; or
18             (iv)  no  longer  in need of mental health services;
19        or
20             (v)  no  longer  requires  placement  in  a   secure
21        setting.
22        Upon  finding  by  the  Court,  the Court shall enter its
23    findings and such appropriate order as provided in subsection
24    (a) of this Section.
25        (e)  A defendant admitted pursuant to  this  Section,  or
26    any  person on his behalf, may  file a petition for treatment
27    plan review, transfer to  a  non-secure  setting  within  the
28    Department  of  Human  Services  or  discharge or conditional
29    release under the standards of  this  Section  in  the  Court
30    which  rendered  the verdict.  Upon receipt of a petition for
31    treatment plan review, transfer to a  non-secure  setting  or
32    discharge  or  conditional  release,  the  Court  shall set a
33    hearing to be held  within  120  days.   Thereafter,  no  new
34    petition  may  be  filed  for  120  days without leave of the
 
                            -23-     LRB093 07958 DRJ 08152 b
 1    Court.
 2        (f)  The Court shall direct that notice of the  time  and
 3    place  of  the  hearing  be  served  upon  the defendant, the
 4    facility director, the State's Attorney, and the  defendant's
 5    attorney.  If requested by either the State or the defense or
 6    if  the  Court  feels  it  is   appropriate,   an   impartial
 7    examination  of  the  defendant by a psychiatrist or clinical
 8    psychologist as defined in Section 1-103 of the Mental Health
 9    and Developmental Disabilities Code who is not in the  employ
10    of the Department of Human Services shall be ordered, and the
11    report considered at the time of the hearing.
12        (g)  The  findings  of  the Court shall be established by
13    clear and convincing evidence.  The burden of proof  and  the
14    burden  of  going  forth  with  the  evidence  rest  with the
15    defendant or any person on  the  defendant's  behalf  when  a
16    hearing  is  held to review the determination of the facility
17    director that  the  defendant  should  be  transferred  to  a
18    non-secure  setting, discharged, or conditionally released or
19    when a hearing is held to review a petition filed  by  or  on
20    behalf  of the defendant.  The evidence shall be presented in
21    open   Court   with   the   right   of   confrontation    and
22    cross-examination.
23        (h)  If  the  Court finds that the defendant is no longer
24    in need of mental health services it shall order the facility
25    director to discharge the defendant.  If the Court finds that
26    the defendant is in need of mental health  services,  and  no
27    longer in need of inpatient care, it shall order the facility
28    director  to  release  the defendant under such conditions as
29    the Court deems appropriate and as provided by this  Section.
30    Such  conditional  release  shall  be imposed for a period of
31    five years and shall be subject  to later modification by the
32    Court as provided by this Section. If the  Court  finds  that
33    the  defendant is subject to involuntary admission or in need
34    of mental health services on an  inpatient  basis,  it  shall
 
                            -24-     LRB093 07958 DRJ 08152 b
 1    order  the  facility director not to discharge or release the
 2    defendant in accordance with paragraph (b) of this Section.
 3        (i)  If within the period of the defendant's  conditional
 4    release,  the  Court determines, after hearing evidence, that
 5    the defendant has not fulfilled the  conditions  of  release,
 6    the  Court  shall  order a hearing to be held consistent with
 7    the provisions of paragraph (f) and (g) of this  Section.  At
 8    such  hearing,  if  the  Court  finds  that  the defendant is
 9    subject to involuntary admission or in need of mental  health
10    services  on  an  inpatient  basis,  it  shall enter an order
11    remanding him or her to the Department of Human  Services  or
12    other   facility.   If  the  defendant  is  remanded  to  the
13    Department of Human Services, he or she shall be placed in  a
14    secure  setting  unless  the  Court determines that there are
15    compelling reasons that such placement is not  necessary.  If
16    the  Court  finds that the defendant  continues to be in need
17    of mental health services but not on an inpatient  basis,  it
18    may modify the conditions of the original release in order to
19    reasonably  assure  the  defendant's satisfactory progress in
20    treatment and his or her safety and the safety of others.  In
21    no  event shall such conditional release be longer than eight
22    years. Nothing in this Section shall limit a Court's contempt
23    powers or any other powers of a Court.
24        (j)  An order of admission under this  Section  does  not
25    affect the remedy of habeas corpus.
26        (k)  In  the event of a conflict between this Section and
27    the Mental Health and Developmental Disabilities Code or  the
28    Mental  Health and Developmental Disabilities Confidentiality
29    Act, the provisions of this Section shall govern.
30        (l)  This amendatory Act shall apply to all  persons  who
31    have  been found not guilty by reason of insanity and who are
32    presently committed to the Department of  Mental  Health  and
33    Developmental  Disabilities  (now  the  Department  of  Human
34    Services).
 
                            -25-     LRB093 07958 DRJ 08152 b
 1        (m)  The  Clerk of the Court shall, after the entry of an
 2    order of transfer to a non-secure setting of  the  Department
 3    of  Human  Services  or  discharge  or  conditional  release,
 4    transmit  a  certified copy of the order to the Department of
 5    Human Services, and the sheriff of the county from which  the
 6    defendant  was  admitted.   In  cases where the arrest of the
 7    defendant or the commission of the offense took place in  any
 8    municipality  with  a population of more than 25,000 persons,
 9    the Clerk of the Court shall also transmit a  certified  copy
10    of  the  order  of  discharge  or  conditional release to the
11    proper law enforcement agency for said municipality  provided
12    the municipality has requested such notice in writing.
13        (n)  If   a  defendant  escapes  from  confinement  in  a
14    facility in which he  or  she  has  been  placed  under  this
15    Section, or if a defendant leaves the facility or its grounds
16    without authorization, the facility director must immediately
17    notify  (i) the State's Attorney and sheriff of the county in
18    which the facility is located, (ii) the State's Attorney  and
19    sheriff  of the county in which the finding or verdict of not
20    guilty by reason of insanity was  entered,  (iii)  the  crime
21    victim  or victims (as defined in the Rights of Crime Victims
22    and Witnesses Act) of the offense of which the defendant  was
23    found  not  guilty  by reason of insanity, and (iv) any other
24    individual  or  entity  for  whom   the   facility   director
25    determines  notice  is  necessary  for  the protection of the
26    defendant or others.
27    (Source: P.A. 90-105, eff.  7-11-97;  90-593,  eff.  6-19-98;
28    91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)

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