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| | SB0073 Engrossed | | LRB097 02906 RLC 42930 b |
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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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| | SB0073 Engrossed | - 3 - | LRB097 02906 RLC 42930 b |
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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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