Sen. William R. Haine

Filed: 3/26/2012

 

 


 

 


 
09700SB2559sam001LRB097 14462 RLC 67880 a

1
AMENDMENT TO SENATE BILL 2559

2    AMENDMENT NO. ______. Amend Senate Bill 2559 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1admissions, the number of persons returned to the county under
2the provisions of subsection (c) of Section 104-18 of the Code
3of Criminal Procedure of 1963, and any issues the county
4sheriffs or other county officials are having with the returns.
5Each report shall include a recommendation from the Department
6of Human Services and one from an association representing
7Illinois sheriffs whether to continue the pilot study. If
8either report indicates that there are serious deleterious
9effects from the provisions of subsection (c) of Section 104-18
10of the Code of Criminal Procedure of 1963 or that the
11provisions of subsection (c) of Section 104-18 of the Code of
12Criminal Procedure of 1963 are not producing adequate results,
13the General Assembly may take necessary steps to eliminate the
14provisions of subsection (c) of Section 104-18 of the Code of
15Criminal Procedure of 1963 prior to January 1, 2014.
 
16    Section 10. The Code of Criminal Procedure of 1963 is
17amended by changing Section 104-18 as follows:
 
18    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
19    Sec. 104-18. Progress Reports.) (a) The treatment
20supervisor shall submit a written progress report to the court,
21the State, and the defense:
22    (1) At least 7 days prior to the date for any hearing on
23the issue of the defendant's fitness;
24    (2) Whenever he believes that the defendant has attained

 

 

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1fitness;
2    (3) Whenever he believes that there is not a substantial
3probability that the defendant will attain fitness, with
4treatment, within one year from the date of the original
5finding of unfitness.
6    (b) The progress report shall contain:
7    (1) The clinical findings of the treatment supervisor and
8the facts upon which the findings are based;
9    (2) The opinion of the treatment supervisor as to whether
10the defendant has attained fitness or as to whether the
11defendant is making progress, under treatment, toward
12attaining fitness within one year from the date of the original
13finding of unfitness;
14    (3) If the defendant is receiving medication, information
15from the prescribing physician indicating the type, the dosage
16and the effect of the medication on the defendant's appearance,
17actions and demeanor.
18    (c) Whenever the court is sent a report from the supervisor
19of the defendant's treatment under paragraph (2) of subsection
20(a) of this Section, the treatment provider shall arrange with
21the court for the return of the defendant to the county jail
22before the time frame specified in subsection (a) of Section
23104-20. This subsection (c) is inoperative on and after January
241, 2014.
25(Source: P.A. 81-1217.)
 

 

 

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