093_HB0697sam002

 










                                     LRB093 05487 MKM 20014 a

 1                     AMENDMENT TO HOUSE BILL 697

 2        AMENDMENT NO.     .  Amend House Bill  697  by  replacing
 3    everything after the enacting clause as follows:

 4        "Section   5.  The   Mental   Health   and  Developmental
 5    Disabilities Code is amended by changing Sections  3-605  and
 6    3-819 as follows:

 7        (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
 8        Sec.   3-605.  (a)   Upon   receipt  of  a  petition  and
 9    certificate prepared pursuant to  this  Article,  the  county
10    sheriff  of  the  county in which a respondent is found shall
11    take a respondent into custody  and  notify  the  Department.
12    The  Department  shall  and  transport him to a mental health
13    facility, or may make arrangements either directly or through
14    agreements with other  another  public  or  private  entities
15    entity    including   a   licensed   ambulance   service   to
16    appropriately transport the respondent to the  mental  health
17    facility. In the event it is determined by such facility that
18    the  respondent  is  in  need  of  commitment or treatment at
19    another mental health facility, the Department county sheriff
20    shall transport the  respondent  to  the  appropriate  mental
21    health  facility, or the county sheriff may make arrangements
22    either directly or through agreements  with other  public  or
 
                            -2-      LRB093 05487 MKM 20014 a
 1    private entities another public or private entity including a
 2    licensed  ambulance  service  to  appropriately transport the
 3    respondent to the mental health facility.
 4        (b)  The county sheriff may delegate his duties hereunder
 5    to another law enforcement body within that  county  if  that
 6    law enforcement body agrees.
 7        (c)  The  transporting authority acting in good faith and
 8    without negligence in connection with the  transportation  of
 9    respondents  shall  incur no liability, civil or criminal, by
10    reason of such transportation.
11        (d)  The respondent and the estate of that respondent are
12    liable  for  the  payment   of   transportation   costs   for
13    transporting  the respondent to a mental health facility.  If
14    the respondent is a  beneficiary  of  a  trust  described  in
15    Section  15.1 of the Trusts and Trustees Act, the trust shall
16    not be considered a part of the respondent's estate and shall
17    not be  subject  to  payment  for  transportation  costs  for
18    transporting the respondent to a mental health facility under
19    this  Section  except  to  the extent permitted under Section
20    15.1 of the Trusts and Trustees Act.  If  the  respondent  is
21    unable  to  pay  or  if  the  estate  of  the  respondent  is
22    insufficient,  the responsible relatives are severally liable
23    for the payment of those sums or for the balance due in  case
24    less  than  the amount owing has been paid. If the respondent
25    is covered by  insurance,  the  insurance  carrier  shall  be
26    liable   for   payment   to  the  extent  authorized  by  the
27    respondent's insurance policy.
28        (e)  The Department may not  make  arrangements  with  an
29    existing   hospital   or   grant-in-aid   or  fee-for-service
30    community provider for  transportation  services  under  this
31    Section  unless  the  hospital  or  provider  has voluntarily
32    submitted a proposal for its  transportation  services.  This
33    proposal shall include the provision of trained personnel and
34    the  use  of an appropriate vehicle for the safe transport of
 
                            -3-      LRB093 05487 MKM 20014 a
 1    the respondents.
 2    (Source: P.A. 87-1158.)

 3        (405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
 4        Sec. 3-819.  (a) When a recipient  is  hospitalized  upon
 5    court  order, the order may authorize a relative or friend of
 6    the recipient to transport the recipient to the  facility  if
 7    such  person  is able to do so safely and humanely.  When the
 8    Department  indicates  that  it  has  transportation  to  the
 9    facility available, the order may authorize the Department to
10    transport the  recipient  there.  The  court  may  order  the
11    Department  sheriff  of  the county in which such proceedings
12    are held to transport the recipient to the facility.  When  a
13    recipient is hospitalized upon court order, and the recipient
14    has  been transported to a mental health facility, other than
15    a state-operated mental health facility, and it is determined
16    by the facility that the recipient is in need  of  commitment
17    or  treatment  at  another  mental health facility, the court
18    shall determine whether a relative or friend of the recipient
19    or the Department is authorized to  transport  the  recipient
20    between  facilities, or whether the Department county sheriff
21    is  responsible  for  transporting  the   recipient   between
22    facilities.    The   Department   shall   sheriff   may  make
23    arrangements  either  directly  or  through  agreements  with
24    another  public  or  private  entity  including   a  licensed
25    ambulance service to appropriately transport the recipient to
26    the facility.  The transporting entity acting in  good  faith
27    and  without negligence in connection with the transportation
28    of recipients shall incur no liability, civil or criminal, by
29    reason of such transportation.
30        (b)  The court may authorize the transporting  entity  to
31    bill  the  recipient,  the  estate  of the recipient, legally
32    responsible relatives, or insurance carrier for the  cost  of
33    providing  transportation of the recipient to a mental health
 
                            -4-      LRB093 05487 MKM 20014 a
 1    facility.  The recipient and the estate of the recipient  are
 2    liable   for   the   payment   of  transportation  costs  for
 3    transporting the recipient to a mental health  facility.   If
 4    the  recipient  is  a  beneficiary  of  a  trust described in
 5    Section 15.1 of the Trusts and Trustees Act, the trust  shall
 6    not  be considered a part of the recipient's estate and shall
 7    not be  subject  to  payment  for  transportation  costs  for
 8    transporting  the recipient to a mental health facility under
 9    this section, except to the extent  permitted  under  Section
10    15.1  of  the  Trusts  and Trustees Act.  If the recipient is
11    unable  to  pay  or  if  the  estate  of  the  recipient   is
12    insufficient,  the responsible relatives are severally liable
13    for the payment of those sums or for the balance due in  case
14    less  than  the amount owing has been paid.  If the recipient
15    is covered by  insurance,  the  insurance  carrier  shall  be
16    liable   for   payment   to  the  extent  authorized  by  the
17    recipient's insurance policy.
18        (c)  Upon the delivery of a recipient to a  facility,  in
19    accordance  with the procedure set forth in this Article, the
20    facility director  of  the  facility  shall  sign  a  receipt
21    acknowledging  custody  of the recipient and for any personal
22    property belonging to him, which receipt shall be filed  with
23    the clerk of the court entering the hospitalization order.
24        (d)  The  Department  may  not  make arrangements with an
25    existing  hospital   or   grant-in-aid   or   fee-for-service
26    community  provider  for  transportation  services under this
27    Section unless  the  hospital  or  provider  has  voluntarily
28    submitted  a  proposal  for its transportation services. This
29    proposal shall include the provision of trained personnel and
30    the use of an appropriate vehicle for the safe  transport  of
31    the recipients.
32    (Source: P.A. 87-1158; 88-380.)

33        Section  10.  The  Code  of Criminal Procedure of 1963 is
 
                            -5-      LRB093 05487 MKM 20014 a
 1    amended by changing Section 104-17 as follows:

 2        (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
 3        Sec. 104-17.  Commitment for Treatment; Treatment Plan.
 4        (a)  If the defendant is  eligible  to  be  or  has  been
 5    released  on bail or on his own recognizance, the court shall
 6    select the least physically  restrictive  form  of  treatment
 7    therapeutically appropriate and consistent with the treatment
 8    plan.
 9        (b)  If  the  defendant's disability is mental, the court
10    may order him placed for treatment  in  the  custody  of  the
11    Department  of  Human  Services,  or  the court may order him
12    placed in the custody of  any  other  appropriate  public  or
13    private mental health facility or treatment program which has
14    agreed  to  provide  treatment  to  the  defendant.   If  the
15    defendant is placed in the custody of the Department of Human
16    Services,  the  defendant shall be placed in a secure setting
17    unless the court determines that there are compelling reasons
18    why such placement is not necessary.  During  the  period  of
19    time  required  to  determine  the  appropriate placement the
20    defendant shall remain  in  jail.   Upon  completion  of  the
21    placement  process,  the Department of Human Services sheriff
22    shall be notified and shall make arrangements either directly
23    or through agreements with other public or  private  entities
24    to  appropriately  transport  the defendant to the designated
25    facility.   The  placement  may  be  ordered  either  on   an
26    inpatient or an outpatient basis.
27        (c)  If the defendant's disability is physical, the court
28    may  order him placed under the supervision of the Department
29    of  Human  Services  which  shall  place  and  maintain   the
30    defendant in a suitable treatment facility or program, or the
31    court  may  order  him  placed  in  an  appropriate public or
32    private facility or treatment program  which  has  agreed  to
33    provide  treatment  to  the  defendant.  The placement may be
 
                            -6-      LRB093 05487 MKM 20014 a
 1    ordered either on an inpatient or an outpatient basis.
 2        (d)  The clerk of the circuit court shall transmit to the
 3    Department, agency or  institution,  if  any,  to  which  the
 4    defendant is remanded for treatment, the following:
 5             (1)  a  certified  copy  of  the  order  to  undergo
 6        treatment;
 7             (2)  the   county  and  municipality  in  which  the
 8        offense was committed;
 9             (3)  the county and municipality in which the arrest
10        took place; and
11             (4)  all additional matters which the Court  directs
12        the clerk to transmit.
13        (e)  Within  30  days  of  entry  of  an order to undergo
14    treatment, the person supervising the  defendant's  treatment
15    shall  file  with  the  court,  the  State, and the defense a
16    report assessing the  facility's  or  program's  capacity  to
17    provide   appropriate   treatment   for   the  defendant  and
18    indicating  his  opinion  as  to  the  probability   of   the
19    defendant's  attaining  fitness  within  a period of one year
20    from the date of the finding of  unfitness.   If  the  report
21    indicates  that  there  is a substantial probability that the
22    defendant will attain fitness within  the  time  period,  the
23    treatment  supervisor  shall also file a treatment plan which
24    shall include:
25             (1)  A diagnosis of the defendant's disability;
26             (2)  A description of treatment goals  with  respect
27        to  rendering  the  defendant fit, a specification of the
28        proposed treatment modalities, and an estimated timetable
29        for attainment of the goals;
30             (3)  An identification of the person  in  charge  of
31        supervising the defendant's treatment.
32        (f)  The  Department  may  not  make arrangements with an
33    existing  hospital   or   grant-in-aid   or   fee-for-service
34    community  provider  for   transportation services under this
 
                            -7-      LRB093 05487 MKM 20014 a
 1    Section unless  the  hospital  or  provider  has  voluntarily
 2    submitted  a  proposal  for its transportation services. This
 3    proposal shall include the provision of trained personnel and
 4    the use of an appropriate vehicle for the safe  transport  of
 5    the defendants.
 6    (Source: P.A. 89-507, eff. 7-1-97.)

 7        Section  15.  The  Unified Code of Corrections is amended
 8    by changing Section 5-2-4 as follows:

 9        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
10        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
11    Insanity.
12        (a)  After  a  finding or verdict of not guilty by reason
13    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
14    of Criminal Procedure of 1963, the defendant shall be ordered
15    to the Department of Human Services for an evaluation  as  to
16    whether  he  is in need of mental health services.  The order
17    shall specify whether the evaluation shall be conducted on an
18    inpatient or outpatient basis. If the  evaluation  is  to  be
19    conducted  on  an  inpatient  basis,  the  defendant shall be
20    placed in a secure setting unless the Court  determines  that
21    there  are  compelling  reasons  why  such  placement  is not
22    necessary. After the evaluation and during the period of time
23    required  to  determine  the   appropriate   placement,   the
24    defendant  shall  remain  in  jail.  Upon  completion  of the
25    placement  process the Department of Human  Services  sheriff
26    shall be notified and shall make arrangements either directly
27    or  through  agreements with other public or private entities
28    to appropriately transport the defendant  to  the  designated
29    facility.
30        The Department may not make arrangements with an existing
31    hospital   or   grant-in-aid   or  fee-for-service  community
32    provider  for  transportation  services  under  this  Section
 
                            -8-      LRB093 05487 MKM 20014 a
 1    unless the hospital or provider has voluntarily  submitted  a
 2    proposal  for  its  transportation  services.   This proposal
 3    shall include the provision of trained personnel and the  use
 4    of  an  appropriate  vehicle  for  the  safe transport of the
 5    defendants.
 6        The Department shall provide the Court with a  report  of
 7    its evaluation within 30 days of the date of this order.  The
 8    Court  shall  hold  a  hearing  as  provided under the Mental
 9    Health and Developmental Disabilities Code  to  determine  if
10    the  individual  is: (a) in need of mental health services on
11    an inpatient basis; (b) in need of mental health services  on
12    an  outpatient  basis;  (c)  a  person  not in need of mental
13    health services.  The Court shall enter its findings.
14        If the defendant is found to be in need of mental  health
15    services  on  an  inpatient care basis, the Court shall order
16    the defendant  to  the  Department  of  Human  Services.  The
17    defendant  shall  be  placed  in  a secure setting unless the
18    Court determines that there are compelling reasons  why  such
19    placement  is  not  necessary.  Such  defendants  placed in a
20    secure setting shall not be permitted outside the  facility's
21    housing  unit  unless escorted or accompanied by personnel of
22    the Department of Human Services or with the  prior  approval
23    of  the  Court  for  unsupervised  on-grounds  privileges  as
24    provided  herein.  Any  defendant  placed in a secure setting
25    pursuant to this Section, transported to  court  hearings  or
26    other   necessary   appointments   off  facility  grounds  by
27    personnel of the  Department  of  Human  Services,  shall  be
28    placed  in  security  devices or otherwise secured during the
29    period of transportation to assure secure  transport  of  the
30    defendant  and  the  safety  of  Department of Human Services
31    personnel and others.   These  security  measures  shall  not
32    constitute  restraint  as  defined  in  the Mental Health and
33    Developmental Disabilities Code. If the defendant is found to
34    be in need of mental health services, but not on an inpatient
 
                            -9-      LRB093 05487 MKM 20014 a
 1    care  basis,  the  Court  shall  conditionally  release   the
 2    defendant, under such conditions as set forth in this Section
 3    as   will  reasonably  assure  the  defendant's  satisfactory
 4    progress and participation in treatment or rehabilitation and
 5    the safety of the defendant and others.  If the  Court  finds
 6    the  person  not  in need of mental health services, then the
 7    Court shall order the defendant discharged from custody.
 8        (1)  Definitions:  For the purposes of this Section:
 9             (A)  (Blank).
10             (B)  "In  need  of  mental  health  services  on  an
11        inpatient basis" means: a defendant who  has  been  found
12        not  guilty  by  reason of insanity but who due to mental
13        illness  is  reasonably  expected  to   inflict   serious
14        physical  harm  upon  himself  or  another  and who would
15        benefit from inpatient care or is in  need  of  inpatient
16        care.
17             (C)  "In  need  of  mental  health  services  on  an
18        outpatient  basis"  means: a defendant who has been found
19        not guilty by reason of insanity who is not  in  need  of
20        mental  health  services on an inpatient basis, but is in
21        need   of   outpatient   care,   drug   and/or    alcohol
22        rehabilitation  programs,  community adjustment programs,
23        individual, group, or family therapy, or chemotherapy.
24             (D)  "Conditional Release" means: the  release  from
25        either the custody of the Department of Human Services or
26        the  custody  of the Court of a person who has been found
27        not guilty by reason of insanity under such conditions as
28        the  Court  may  impose  which  reasonably   assure   the
29        defendant's   satisfactory   progress   in  treatment  or
30        habilitation and the safety of the defendant and  others.
31        The  Court shall consider such terms and conditions which
32        may include, but need not be limited to, outpatient care,
33        alcoholic and  drug  rehabilitation  programs,  community
34        adjustment   programs,  individual,  group,  family,  and
 
                            -10-     LRB093 05487 MKM 20014 a
 1        chemotherapy, random testing to  ensure  the  defendant's
 2        timely  and continuous taking of any medicines prescribed
 3        to control or manage his or her conduct or mental  state,
 4        and periodic checks with the legal authorities and/or the
 5        Department  of  Human Services.  The Court may order as a
 6        condition of conditional release that the  defendant  not
 7        contact  the  victim  of the offense that resulted in the
 8        finding or verdict of not guilty by reason of insanity or
 9        any other person.  The Court may order the Department  of
10        Human   Services   to   provide   care   to   any  person
11        conditionally   released   under   this   Section.    The
12        Department may contract with any public or private agency
13        in order to discharge any responsibilities imposed  under
14        this Section.  The Department shall monitor the provision
15        of  services to persons conditionally released under this
16        Section  and  provide  periodic  reports  to  the   Court
17        concerning   the   services  and  the  condition  of  the
18        defendant.  Whenever a person is  conditionally  released
19        pursuant  to  this  Section, the State's Attorney for the
20        county in which the hearing is held  shall  designate  in
21        writing  the  name,  telephone  number,  and address of a
22        person employed by him or her who shall  be  notified  in
23        the  event  that  either  the  reporting  agency  or  the
24        Department  decides  that  the conditional release of the
25        defendant should  be  revoked  or  modified  pursuant  to
26        subsection  (i) of this Section. Such conditional release
27        shall be  for  a  period  of  five  years.  However,  the
28        defendant,   the   person   or   facility  rendering  the
29        treatment,  therapy,  program  or  outpatient  care,  the
30        Department, or the  State's  Attorney  may  petition  the
31        Court  for an extension of the conditional release period
32        for an  additional  5  years.  Upon  receipt  of  such  a
33        petition,  the Court shall hold a hearing consistent with
34        the provisions of this paragraph (a) and paragraph (f) of
 
                            -11-     LRB093 05487 MKM 20014 a
 1        this  Section,  shall  determine  whether  the  defendant
 2        should continue to be subject to the terms of conditional
 3        release, and shall enter an order  either  extending  the
 4        defendant's   period   of   conditional  release  for  an
 5        additional 5 year period or  discharging  the  defendant.
 6        Additional  5-year  periods of conditional release may be
 7        ordered following a hearing as provided in this  Section.
 8        However,  in  no  event  shall  the defendant's period of
 9        conditional release continue beyond the maximum period of
10        commitment ordered by the Court pursuant to paragraph (b)
11        of  this  Section.  These  provisions  for  extension  of
12        conditional  release  shall  only  apply  to   defendants
13        conditionally  released  on  or  after August 8, 2003 the
14        effective date of this amendatory Act of the 93rd General
15        Assembly. However the extension provisions of Public  Act
16        83-1449  apply only to defendants charged with a forcible
17        felony.
18             (E)  "Facility director" means the chief officer  of
19        a mental health or developmental disabilities facility or
20        his  or  her  designee  or the supervisor of a program of
21        treatment  or  habilitation  or  his  or  her   designee.
22        "Designee"    may    include    a   physician,   clinical
23        psychologist,   social   worker,   nurse,   or   clinical
24        professional counselor.
25        (b)  If the Court finds the defendant in need  of  mental
26    health   services  on  an  inpatient  basis,  the  admission,
27    detention, care, treatment or habilitation, treatment  plans,
28    review   proceedings,   including  review  of  treatment  and
29    treatment plans, and discharge of the  defendant  after  such
30    order  shall  be  under  the  Mental Health and Developmental
31    Disabilities  Code,  except  that  the  initial   order   for
32    admission  of  a defendant acquitted of a felony by reason of
33    insanity shall be for an  indefinite  period  of  time.  Such
34    period  of  commitment shall not exceed the maximum length of
 
                            -12-     LRB093 05487 MKM 20014 a
 1    time that the defendant would have been  required  to  serve,
 2    less credit for good behavior as provided in Section 5-4-1 of
 3    the Unified Code of Corrections, before becoming eligible for
 4    release  had  he  been  convicted of and received the maximum
 5    sentence for the most serious crime for  which  he  has  been
 6    acquitted  by  reason  of insanity. The Court shall determine
 7    the maximum period of commitment  by  an  appropriate  order.
 8    During   this  period  of  time,  the  defendant shall not be
 9    permitted to be in the community in any manner, including but
10    not limited to off-grounds privileges, with or without escort
11    by  personnel  of   the   Department   of   Human   Services,
12    unsupervised  on-grounds privileges, discharge or conditional
13    or temporary release, except by a plan as  provided  in  this
14    Section.    In   no   event  shall  a  defendant's  continued
15    unauthorized absence be a basis for discharge.  Not more than
16    30 days after admission and every 60 days thereafter so  long
17    as the initial order remains in effect, the facility director
18    shall  file a treatment plan report in writing with the court
19    and forward a copy of the treatment plan report to the  clerk
20    of  the  court,  the  State's  Attorney,  and the defendant's
21    attorney, if the defendant is represented by counsel, or to a
22    person authorized by the defendant under  the  Mental  Health
23    and Developmental Disabilities Confidentiality Act to be sent
24    a copy of the report.  The report shall include an opinion as
25    to  whether  the  defendant  is  currently  in need of mental
26    health services on an inpatient basis or in  need  of  mental
27    health  services  on  an  outpatient basis.  The report shall
28    also summarize the basis for those  findings  and  provide  a
29    current  summary  of  the  following items from the treatment
30    plan: (1) an assessment of the defendant's  treatment  needs,
31    (2)  a description of the services recommended for treatment,
32    (3) the goals of each type of  element  of  service,  (4)  an
33    anticipated  timetable  for  the accomplishment of the goals,
34    and  (5)  a  designation  of   the   qualified   professional
 
                            -13-     LRB093 05487 MKM 20014 a
 1    responsible  for  the  implementation of the plan. The report
 2    may  also   include   unsupervised   on-grounds   privileges,
 3    off-grounds  privileges  (with or without escort by personnel
 4    of  the  Department  of  Human  Services),  home  visits  and
 5    participation  in  work  programs,  but   only   where   such
 6    privileges  have been approved by specific court order, which
 7    order may include such conditions on  the  defendant  as  the
 8    Court may deem appropriate and necessary to reasonably assure
 9    the  defendant's  satisfactory  progress in treatment and the
10    safety of the defendant and others.
11        (c)  Every defendant acquitted of a felony by  reason  of
12    insanity  and  subsequently  found  to  be  in need of mental
13    health services  shall  be  represented  by  counsel  in  all
14    proceedings  under  this  Section and under the Mental Health
15    and Developmental Disabilities Code.
16             (1)  The Court shall appoint as counsel  the  public
17        defender or an attorney licensed by this State.
18             (2)  Upon  filing  with  the  Court  of  a  verified
19        statement  of  legal  services  rendered  by  the private
20        attorney appointed pursuant  to  paragraph  (1)  of  this
21        subsection,  the  Court  shall determine a reasonable fee
22        for such services.  If the defendant is unable to pay the
23        fee, the Court shall enter an order upon the State to pay
24        the entire fee or such amount as the defendant is  unable
25        to  pay  from  funds appropriated by the General Assembly
26        for that purpose.
27        (d)  When the facility director determines that:
28             (1)  the defendant is no longer in  need  of  mental
29        health services on an inpatient basis; and
30             (2)  the  defendant  may  be  conditionally released
31        because he or she is  still  in  need  of  mental  health
32        services  or  that the defendant may be discharged as not
33        in need of any mental health services; or
34             (3)  the defendant no longer requires placement in a
 
                            -14-     LRB093 05487 MKM 20014 a
 1        secure setting;
 2    the facility director shall give written notice to the Court,
 3    State's Attorney and defense attorney. Such notice shall  set
 4    forth  in  detail  the  basis  for  the recommendation of the
 5    facility director, and specify clearly  the  recommendations,
 6    if  any,  of  the  facility  director, concerning conditional
 7    release. Any recommendation  for  conditional  release  shall
 8    include   an   evaluation   of   the   defendant's  need  for
 9    psychotropic medication, what provisions should be  made,  if
10    any,  to  ensure  that the defendant will continue to receive
11    psychotropic  medication  following   discharge,   and   what
12    provisions  should  be  made  to  assure  the  safety  of the
13    defendant and others in the event the defendant is no  longer
14    receiving  psychotropic  medication.  Within  30  days of the
15    notification by the facility director, the Court shall set  a
16    hearing and make a finding as to whether the defendant is:
17             (i)  (blank); or
18             (ii)  in  need of mental health services in the form
19        of inpatient care; or
20             (iii)  in need of mental  health  services  but  not
21        subject to inpatient care; or
22             (iv)  no  longer  in need of mental health services;
23        or
24             (v)  no  longer  requires  placement  in  a   secure
25        setting.
26        Upon  finding  by  the  Court,  the Court shall enter its
27    findings and such appropriate order as provided in subsection
28    (a) of this Section.
29        (e)  A defendant admitted pursuant to  this  Section,  or
30    any  person on his behalf, may  file a petition for treatment
31    plan review, transfer to  a  non-secure  setting  within  the
32    Department  of  Human  Services  or  discharge or conditional
33    release under the standards of  this  Section  in  the  Court
34    which  rendered  the verdict.  Upon receipt of a petition for
 
                            -15-     LRB093 05487 MKM 20014 a
 1    treatment plan review, transfer to a  non-secure  setting  or
 2    discharge  or  conditional  release,  the  Court  shall set a
 3    hearing to be held  within  120  days.   Thereafter,  no  new
 4    petition  may  be  filed  for  180  days without leave of the
 5    Court.
 6        (f)  The Court shall direct that notice of the  time  and
 7    place  of  the  hearing  be  served  upon  the defendant, the
 8    facility director, the State's Attorney, and the  defendant's
 9    attorney.  If requested by either the State or the defense or
10    if  the  Court  feels  it  is   appropriate,   an   impartial
11    examination  of  the  defendant by a psychiatrist or clinical
12    psychologist as defined in Section 1-103 of the Mental Health
13    and Developmental Disabilities Code who is not in the  employ
14    of the Department of Human Services shall be ordered, and the
15    report considered at the time of the hearing.
16        (g)  The  findings  of  the Court shall be established by
17    clear and convincing evidence.  The burden of proof  and  the
18    burden  of  going  forth  with  the  evidence  rest  with the
19    defendant or any person on  the  defendant's  behalf  when  a
20    hearing is held to review a petition filed by or on behalf of
21    the defendant.  The evidence shall be presented in open Court
22    with  the  right of confrontation and cross-examination. Such
23    evidence may include, but is not limited to:
24             (1)  whether  the  defendant  appreciates  the  harm
25        caused by the defendant to others and  the  community  by
26        his  or her prior conduct that resulted in the finding of
27        not guilty by reason of insanity;
28             (2)  Whether the person appreciates the  criminality
29        of  conduct  similar similiar to the conduct for which he
30        or she was originally charged in this matter;
31             (3)  the current state of the defendant's illness;
32             (4)  what, if  any,  medications  the  defendant  is
33        taking to control his or her mental illness;
34             (5)  what, if any, adverse physical side effects the
 
                            -16-     LRB093 05487 MKM 20014 a
 1        medication has on the defendant;
 2             (6)  the  length  of  time  it  would  take  for the
 3        defendant's mental health to deteriorate if the defendant
 4        stopped taking prescribed medication;
 5             (7)  the  defendant's  history  or   potential   for
 6        alcohol and drug abuse;
 7             (8)  the defendant's past criminal history;
 8             (9)  any  specialized  physical  or medical needs of
 9        the defendant;
10             (10)  any  family   participation   or   involvement
11        expected  upon  release  and  what is the willingness and
12        ability of the family to participate or be involved;
13             (11)  the defendant's potential to be  a  danger  to
14        himself, herself, or others; and
15             (12)  any  other  factor  or factors the Court deems
16        appropriate.
17        (h)  Before  the  court  orders  that  the  defendant  be
18    discharged or conditionally  released,  it  shall  order  the
19    facility director to establish a discharge plan that includes
20    a  plan for the defendant's shelter, support, and medication.
21    If appropriate, the  court  shall  order  that  the  facility
22    director  establish  a  program  to  train  the  defendant in
23    self-medication under standards established by the Department
24    of Human Services. If the Court finds,  consistent  with  the
25    provisions  of  this Section, that the defendant is no longer
26    in need of mental health services it shall order the facility
27    director to discharge the defendant.   If  the  Court  finds,
28    consistent  with  the  provisions  of  this Section, that the
29    defendant is in need of mental health services, and no longer
30    in need of  inpatient  care,  it  shall  order  the  facility
31    director  to  release  the defendant under such conditions as
32    the Court deems appropriate and as provided by this  Section.
33    Such  conditional  release shall be imposed for a period of 5
34    years as provided in paragraph (1) (D) of subsection (a)  and
 
                            -17-     LRB093 05487 MKM 20014 a
 1    shall  be  subject    to  later  modification by the Court as
 2    provided by this Section. If the Court finds consistent  with
 3    the  provisions in this Section that the defendant is in need
 4    of mental health services on an  inpatient  basis,  it  shall
 5    order  the  facility director not to discharge or release the
 6    defendant in accordance with paragraph (b) of this Section.
 7        (i)  If within the period of the defendant's  conditional
 8    release  the  State's  Attorney determines that the defendant
 9    has not fulfilled the conditions of his or her  release,  the
10    State's  Attorney  may petition the Court to revoke or modify
11    the conditional release of the defendant.  Upon the filing of
12    such petition the defendant may be remanded to the custody of
13    the Department,  or  to  any  other  mental  health  facility
14    designated  by  the Department, pending the resolution of the
15    petition.   Nothing  in  this  Section  shall   prevent   the
16    emergency  admission of a defendant pursuant to Article VI of
17    Chapter  III  of  the   Mental   Health   and   Developmental
18    Disabilities Code or the voluntary admission of the defendant
19    pursuant  to  Article  IV of Chapter III of the Mental Health
20    and Developmental Disabilities Code. If the Court determines,
21    after hearing evidence, that the defendant has not  fulfilled
22    the conditions of release, the Court shall order a hearing to
23    be  held  consistent with the provisions of paragraph (f) and
24    (g) of this Section. At such hearing, if the Court finds that
25    the defendant is in need of  mental  health  services  on  an
26    inpatient basis, it shall enter an order remanding him or her
27    to the Department of Human Services or other facility. If the
28    defendant is remanded to the Department of Human Services, he
29    or  she  shall be placed in a secure setting unless the Court
30    determines  that  there  are  compelling  reasons  that  such
31    placement is not necessary.  If  the  Court  finds  that  the
32    defendant   continues to be in need of mental health services
33    but not on an inpatient basis, it may modify  the  conditions
34    of  the  original  release  in order to reasonably assure the
 
                            -18-     LRB093 05487 MKM 20014 a
 1    defendant's satisfactory progress in treatment and his or her
 2    safety and the  safety  of  others  in  accordance  with  the
 3    standards established in paragraph (1) (D) of subsection (a).
 4    Nothing in this Section shall limit a Court's contempt powers
 5    or any other powers of a Court.
 6        (j)  An  order  of  admission under this Section does not
 7    affect the remedy of habeas corpus.
 8        (k)  In the event of a conflict between this Section  and
 9    the  Mental Health and Developmental Disabilities Code or the
10    Mental Health and Developmental Disabilities  Confidentiality
11    Act, the provisions of this Section shall govern.
12        (l)  This  amendatory  Act shall apply to all persons who
13    have been found not guilty by reason of insanity and who  are
14    presently  committed  to  the Department of Mental Health and
15    Developmental  Disabilities  (now  the  Department  of  Human
16    Services).
17        (m)  The Clerk of the Court shall, after the entry of  an
18    order  of  transfer to a non-secure setting of the Department
19    of  Human  Services  or  discharge  or  conditional  release,
20    transmit a certified copy of the order to the  Department  of
21    Human  Services, and the sheriff of the county from which the
22    defendant was admitted. The Clerk of  the  Court  shall  also
23    transmit  a  certified  copy  of  the  order  of discharge or
24    conditional release  to  the  Illinois  Department  of  State
25    Police,   to  the  proper  law  enforcement  agency  for  the
26    municipality where the offense took place, and to the sheriff
27    of the county  into  which  the  defendant  is  conditionally
28    discharged.   The  Illinois  Department of State Police shall
29    maintain a centralized record of discharged or  conditionally
30    released  defendants  while  they are under court supervision
31    for access and use of appropriate law enforcement agencies.
32    (Source:  P.A.  93-78,  eff.  1-1-04;  93-473,  eff.  8-8-03;
33    revised 9-15-03.)
 
                            -19-     LRB093 05487 MKM 20014 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".