SB2559 EngrossedLRB097 14462 RLC 59314 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 Department of Human Services Act is amended
5by adding Section 1-60 as follows:
 
6    (20 ILCS 1305/1-60 new)
7    Sec. 1-60. Pilot study. The Department of Human Services
8shall prepare 2 reports on the impact of the provisions of
9subsection (c) of Section 104-18 of the Code of Criminal
10Procedure of 1963. A preliminary report shall be prepared and
11submitted to the Governor and the General Assembly by November
121, 2012. A final report shall be prepared and submitted to the
13Governor and the General Assembly by October 1, 2013. Each
14report shall be posted on the Department's website within a
15week of its submission. Each report shall discuss the number of
16admissions during the reporting period, any delay in
17admissions, the number of persons returned to the county under
18the provisions of subsection (c) of Section 104-18 of the Code
19of Criminal Procedure of 1963, and any issues the county
20sheriffs or other county officials are having with the returns.
21Each report shall include a recommendation from the Department
22of Human Services and one from an association representing
23Illinois sheriffs whether to continue the pilot study. If

 

 

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1either report indicates that there are serious deleterious
2effects from the provisions of subsection (c) of Section 104-18
3of the Code of Criminal Procedure of 1963 or that the
4provisions of subsection (c) of Section 104-18 of the Code of
5Criminal Procedure of 1963 are not producing adequate results,
6the General Assembly may take necessary steps to eliminate the
7provisions of subsection (c) of Section 104-18 of the Code of
8Criminal Procedure of 1963 prior to January 1, 2014.
 
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 104-18 as follows:
 
11    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
12    Sec. 104-18. Progress Reports.) (a) The treatment
13supervisor shall submit a written progress report to the court,
14the State, and the defense:
15    (1) At least 7 days prior to the date for any hearing on
16the issue of the defendant's fitness;
17    (2) Whenever he believes that the defendant has attained
18fitness;
19    (3) Whenever he believes that there is not a substantial
20probability that the defendant will attain fitness, with
21treatment, within one year from the date of the original
22finding of unfitness.
23    (b) The progress report shall contain:
24    (1) The clinical findings of the treatment supervisor and

 

 

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1the facts upon which the findings are based;
2    (2) The opinion of the treatment supervisor as to whether
3the defendant has attained fitness or as to whether the
4defendant is making progress, under treatment, toward
5attaining fitness within one year from the date of the original
6finding of unfitness;
7    (3) If the defendant is receiving medication, information
8from the prescribing physician indicating the type, the dosage
9and the effect of the medication on the defendant's appearance,
10actions and demeanor.
11    (c) Whenever the court is sent a report from the supervisor
12of the defendant's treatment under paragraph (2) of subsection
13(a) of this Section, the treatment provider shall arrange with
14the court for the return of the defendant to the county jail
15before the time frame specified in subsection (a) of Section
16104-20. This subsection (c) is inoperative on and after January
171, 2014.
18(Source: P.A. 81-1217.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.