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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 104-17 as follows:
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| 6 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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| 7 | Sec. 104-17. Commitment for Treatment; Treatment Plan.
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| 8 | (a) If the defendant
is eligible to be or has been released | ||||||
| 9 | on bail or on his own recognizance,
the court shall select the | ||||||
| 10 | least physically restrictive form of treatment
therapeutically | ||||||
| 11 | appropriate and consistent with the treatment plan.
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| 12 | (b) If the defendant's disability is mental, the court may | ||||||
| 13 | order him placed
for treatment in the custody of the Department | ||||||
| 14 | of Human Services, or the court may order him placed in
the | ||||||
| 15 | custody of any other
appropriate public or private mental | ||||||
| 16 | health facility or treatment program
which has agreed to | ||||||
| 17 | provide treatment to the defendant. If the defendant
is placed | ||||||
| 18 | in the custody of the Department of Human Services, the | ||||||
| 19 | defendant shall be placed in a
secure setting unless the
court | ||||||
| 20 | determines that
there are compelling reasons why such placement | ||||||
| 21 | is not necessary or if the defendant is charged with a | ||||||
| 22 | misdemeanor and the Department of Human Services determines | ||||||
| 23 | that the defendant could be appropriately placed in a | ||||||
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| 1 | non-secure setting operated by the Department of Human | ||||||
| 2 | Services. During
the period of time required to determine the | ||||||
| 3 | appropriate placement the
defendant shall remain in jail. If | ||||||
| 4 | upon the completion of the placement process the Department of | ||||||
| 5 | Human Services determines that the defendant is currently fit | ||||||
| 6 | to stand trial, it shall immediately notify the court and shall | ||||||
| 7 | submit a written report within 7 days. In that circumstance the | ||||||
| 8 | placement shall be held pending a court hearing on the | ||||||
| 9 | Department's report. Otherwise, upon completion of the | ||||||
| 10 | placement process, the
sheriff shall be notified and shall | ||||||
| 11 | transport the defendant to the designated
facility. The | ||||||
| 12 | placement may be ordered either on an inpatient or an | ||||||
| 13 | outpatient
basis.
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| 14 | (c) If the defendant's disability is physical, the court | ||||||
| 15 | may order him
placed under the supervision of the Department of | ||||||
| 16 | Human
Services
which shall place and maintain the defendant in | ||||||
| 17 | a suitable treatment facility
or program, or the court may | ||||||
| 18 | order him placed in an appropriate public or
private facility | ||||||
| 19 | or treatment program which has agreed to provide treatment
to | ||||||
| 20 | the defendant. The placement may be ordered either on an | ||||||
| 21 | inpatient or
an outpatient basis.
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| 22 | (d) The clerk of the circuit court shall transmit to the | ||||||
| 23 | Department, agency
or institution, if any, to which the | ||||||
| 24 | defendant is remanded for treatment, the
following:
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| 25 | (1) a certified copy of the order to undergo treatment;
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| 26 | (2) the county and municipality in which the offense | ||||||
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| 1 | was committed;
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| 2 | (3) the county and municipality in which the arrest | ||||||
| 3 | took place; | ||||||
| 4 | (4) a copy of the arrest report, criminal charges, | ||||||
| 5 | arrest record, jail record, and the report prepared under | ||||||
| 6 | Section 104-15; and
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| 7 | (5) all additional matters which the Court directs the | ||||||
| 8 | clerk to transmit.
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| 9 | (e) Within 30 days of entry of an order to undergo | ||||||
| 10 | treatment, the person
supervising the defendant's treatment | ||||||
| 11 | shall file with the court, the State,
and the defense a report | ||||||
| 12 | assessing the facility's or program's capacity
to provide | ||||||
| 13 | appropriate treatment for the defendant and indicating his | ||||||
| 14 | opinion
as to the probability of the defendant's attaining | ||||||
| 15 | fitness within a period
of one year from the date of the | ||||||
| 16 | finding of unfitness. If the report indicates
that there is a | ||||||
| 17 | substantial probability that the defendant will attain fitness
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| 18 | within the time period, the treatment supervisor shall also | ||||||
| 19 | file a treatment
plan which shall include:
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| 20 | (1) A diagnosis of the defendant's disability;
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| 21 | (2) A description of treatment goals with respect to | ||||||
| 22 | rendering the
defendant
fit, a specification of the | ||||||
| 23 | proposed treatment modalities, and an estimated
timetable | ||||||
| 24 | for attainment of the goals;
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| 25 | (3) An identification of the person in charge of | ||||||
| 26 | supervising the
defendant's
treatment.
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| 1 | (Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
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| 2 | Section 99. Effective date. This Act takes effect upon | ||||||
| 3 | becoming law.
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