97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0073

 

Introduced 1/27/2011, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/104-17  from Ch. 38, par. 104-17

    Amends the Code of Criminal Procedure of 1963. Provides that if a defendant suffers from a mental disability and is placed in the custody of the Department of Human Services, the defendant will not be placed in a secure setting if the defendant is charged with a misdemeanor and the Department determines that the defendant could be appropriately placed in a non-secure setting. Effective immediately.


LRB097 02906 RLC 42930 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0073LRB097 02906 RLC 42930 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 104-17 as follows:
 
6    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
7    Sec. 104-17. Commitment for Treatment; Treatment Plan.
8    (a) If the defendant is eligible to be or has been released
9on bail or on his own recognizance, the court shall select the
10least physically restrictive form of treatment therapeutically
11appropriate and consistent with the treatment plan.
12    (b) If the defendant's disability is mental, the court may
13order him placed for treatment in the custody of the Department
14of Human Services, or the court may order him placed in the
15custody of any other appropriate public or private mental
16health facility or treatment program which has agreed to
17provide treatment to the defendant. If the defendant is placed
18in the custody of the Department of Human Services, the
19defendant shall be placed in a secure setting unless the court
20determines that there are compelling reasons why such placement
21is not necessary or if the defendant is charged with a
22misdemeanor and the Department of Human Services determines
23that the defendant could be appropriately placed in a

 

 

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1non-secure setting. During the period of time required to
2determine the appropriate placement the defendant shall remain
3in jail. If upon the completion of the placement process the
4Department of Human Services determines that the defendant is
5currently fit to stand trial, it shall immediately notify the
6court and shall submit a written report within 7 days. In that
7circumstance the placement shall be held pending a court
8hearing on the Department's report. Otherwise, upon completion
9of the placement process, the sheriff shall be notified and
10shall transport the defendant to the designated facility. The
11placement may be ordered either on an inpatient or an
12outpatient basis.
13    (c) If the defendant's disability is physical, the court
14may order him placed under the supervision of the Department of
15Human Services which shall place and maintain the defendant in
16a suitable treatment facility or program, or the court may
17order him placed in an appropriate public or private facility
18or treatment program which has agreed to provide treatment to
19the defendant. The placement may be ordered either on an
20inpatient or an outpatient basis.
21    (d) The clerk of the circuit court shall transmit to the
22Department, agency or institution, if any, to which the
23defendant is remanded for treatment, the following:
24        (1) a certified copy of the order to undergo treatment;
25        (2) the county and municipality in which the offense
26    was committed;

 

 

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1        (3) the county and municipality in which the arrest
2    took place;
3        (4) a copy of the arrest report, criminal charges,
4    arrest record, jail record, and the report prepared under
5    Section 104-15; and
6        (5) all additional matters which the Court directs the
7    clerk to transmit.
8    (e) Within 30 days of entry of an order to undergo
9treatment, the person supervising the defendant's treatment
10shall file with the court, the State, and the defense a report
11assessing the facility's or program's capacity to provide
12appropriate treatment for the defendant and indicating his
13opinion as to the probability of the defendant's attaining
14fitness within a period of one year from the date of the
15finding of unfitness. If the report indicates that there is a
16substantial probability that the defendant will attain fitness
17within the time period, the treatment supervisor shall also
18file a treatment plan which shall include:
19        (1) A diagnosis of the defendant's disability;
20        (2) A description of treatment goals with respect to
21    rendering the defendant fit, a specification of the
22    proposed treatment modalities, and an estimated timetable
23    for attainment of the goals;
24        (3) An identification of the person in charge of
25    supervising the defendant's treatment.
26(Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.