093_SB1342ham001











                                     LRB093 04985 RLC 15508 a

 1                    AMENDMENT TO SENATE BILL 1342

 2        AMENDMENT NO.     .  Amend Senate Bill 1342 by  replacing
 3    everything after the enacting clause with the following:

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

 6        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
 7        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
 8    Insanity.
 9        (a)  After  a  finding or verdict of not guilty by reason
10    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
11    of Criminal Procedure of 1963, the defendant shall be ordered
12    to the Department of Human Services for an evaluation  as  to
13    whether  he is subject to involuntary admission or in need of
14    mental health services.  The order shall specify whether  the
15    evaluation  shall  be conducted on an inpatient or outpatient
16    basis. If the evaluation is to be conducted on  an  inpatient
17    basis,  the  defendant  shall  be  placed in a secure setting
18    unless the Court determines that there are compelling reasons
19    why such placement is not necessary. After the evaluation and
20    during  the  period  of  time  required  to   determine   the
21    appropriate  placement,  the  defendant shall remain in jail.
22    Upon completion of the placement  process the  sheriff  shall
 
                            -2-      LRB093 04985 RLC 15508 a
 1    be   notified  and  shall  transport  the  defendant  to  the
 2    designated facility.
 3        The Department shall provide the Court with a  report  of
 4    its evaluation within 30 days of the date of this order.  The
 5    Court  shall  hold  a  hearing  as  provided under the Mental
 6    Health and Developmental Disabilities Code  to  determine  if
 7    the  individual is: (a) subject to involuntary admission; (a)
 8    (b) in need of mental health services on an inpatient  basis;
 9    (b)  (c)  in  need of mental health services on an outpatient
10    basis; (c)  (d)  a  person  not  in  need  of  mental  health
11    services.  The Court shall enter its findings.
12        If  the  defendant  is found to be subject to involuntary
13    admission  or  in  need  of  mental  health  services  on  an
14    inpatient care basis, the Court shall order the defendant  to
15    the  Department  of  Human  Services.  The defendant shall be
16    placed in a secure setting unless the Court  determines  that
17    there  are  compelling  reasons  why  such  placement  is not
18    necessary. Such defendants placed in a secure  setting  shall
19    not  be  permitted outside the facility's housing unit unless
20    escorted or accompanied by personnel  of  the  Department  of
21    Human  Services  or  with the prior approval of the Court for
22    unsupervised on-grounds privileges as  provided  herein.  Any
23    defendant  placed  in  a  secure  setting  pursuant  to  this
24    Section,  transported  to  court  hearings or other necessary
25    appointments  off  facility  grounds  by  personnel  of   the
26    Department of Human Services, shall may be placed in security
27    devices   or   otherwise   secured   during   the  period  of
28    transportation to assure secure transport  of  the  defendant
29    and  the safety of Department of Human Services personnel and
30    others.   These  security  measures  shall   not   constitute
31    restraint  as  defined in the Mental Health and Developmental
32    Disabilities Code. If the defendant is found to be in need of
33    mental health services, but not on an inpatient  care  basis,
34    the  Court  shall  conditionally release the defendant, under
 
                            -3-      LRB093 04985 RLC 15508 a
 1    such  conditions  as  set  forth  in  this  Section  as  will
 2    reasonably assure the defendant's satisfactory  progress  and
 3    participation  in  treatment or rehabilitation and the safety
 4    of the defendant and or  others.   If  the  Court  finds  the
 5    person  not in need of mental health services, then the Court
 6    shall order the defendant discharged from custody.
 7        (1)  Definitions:  For the purposes of this Section:
 8             (A)  (Blank).  "Subject  to  involuntary  admission"
 9        means:  a defendant has been found not guilty  by  reason
10        of insanity; and
11                  (i)  who is mentally ill and who because of his
12             mental  illness  is  reasonably  expected to inflict
13             serious physical harm upon himself or another in the
14             near future; or
15                  (ii)  who is mentally ill and  who  because  of
16             his  illness  is  unable  to  provide  for his basic
17             physical needs so as to guard himself  from  serious
18             harm.
19             (B)  "In  need  of  mental  health  services  on  an
20        inpatient  basis"  means:  a defendant who has been found
21        not guilty by reason of insanity who is  not  subject  to
22        involuntary  admission  but  who due to mental illness is
23        reasonably expected to inflict serious physical harm upon
24        himself or another and who would benefit  from  inpatient
25        care or is in need of inpatient care.
26             (C)  "In  need  of  mental  health  services  on  an
27        outpatient  basis"  means: a defendant who has been found
28        not guilty by reason of insanity who is  not  subject  to
29        involuntary   admission  or  in  need  of  mental  health
30        services on  an  inpatient  basis,  but  is  in  need  of
31        outpatient   care,  drug  and/or  alcohol  rehabilitation
32        programs,  community  adjustment  programs,   individual,
33        group, or family therapy, or chemotherapy.
34             (D)  "Conditional  Release"  means: the release from
 
                            -4-      LRB093 04985 RLC 15508 a
 1        either the custody of the Department of Human Services or
 2        the custody of the Court of a person who has  been  found
 3        not guilty by reason of insanity under such conditions as
 4        the   Court   may  impose  which  reasonably  assure  the
 5        defendant's  satisfactory  progress   in   treatment   or
 6        habilitation  and the safety of the defendant and others.
 7        The Court shall consider such terms and conditions  which
 8        may include, but need not be limited to, outpatient care,
 9        alcoholic  and  drug  rehabilitation  programs, community
10        adjustment  programs,  individual,  group,  family,   and
11        chemotherapy,  random  testing  to ensure the defendant's
12        timely and continuous taking of any medicines  prescribed
13        to  control or manage his or her conduct or mental state,
14        and periodic checks with the legal authorities and/or the
15        Department of Human Services.  The court may order  as  a
16        condition  of  conditional release that the defendant not
17        contact the victim of the offense that  resulted  in  the
18        finding or verdict of not guilty by reason of insanity or
19        any  other person.  The Court may order the Department of
20        Human  Services   to   provide   care   to   any   person
21        conditionally   released   under   this   Section.    The
22        Department may contract with any public or private agency
23        in  order to discharge any responsibilities imposed under
24        this Section.  The Department shall monitor the provision
25        of services to persons conditionally released under  this
26        Section   and  provide  periodic  reports  to  the  Court
27        concerning  the  services  and  the  condition   of   the
28        defendant.    Whenever a person is conditionally released
29        pursuant to this Section, the State's  Attorney  for  the
30        county  in  which  the hearing is held shall designate in
31        writing the name, telephone  number,  and  address  of  a
32        person  employed  by  him or her who shall be notified in
33        the  event  that  either  the  reporting  agency  or  the
34        Department decides that the conditional  release  of  the
 
                            -5-      LRB093 04985 RLC 15508 a
 1        defendant  should  be  revoked  or  modified  pursuant to
 2        subsection (i) of this Section  The  person  or  facility
 3        rendering  the  outpatient  care  shall  be  required  to
 4        periodically  report  to the Court on the progress of the
 5        defendant. Such conditional release shall be for a period
 6        of five years. However, unless the defendant, the  person
 7        or  facility rendering the treatment, therapy, program or
 8        outpatient care, the Department, or the State's  Attorney
 9        may  petition petitions the Court for an extension of the
10        conditional release period  for  an  additional  5  three
11        years.  Upon  receipt of such a petition, the Court shall
12        hold a hearing consistent with  the  provisions  of  this
13        paragraph  (a)  and  paragraph (f) of this Section, shall
14        determine whether the defendant  should  continue  to  be
15        subject  to  the  terms of conditional release, and shall
16        enter an order either extending the defendant's period of
17        conditional release for an a single  additional  5  three
18        year  period  or  discharging  the defendant.  Additional
19        5-year periods of  conditional  release  may  be  ordered
20        following   a   hearing  as  provided  in  this  Section.
21        However, in no event  shall  the  defendant's  period  of
22        conditional release continue beyond the maximum period of
23        commitment ordered by the court pursuant to paragraph (b)
24        of  this Section exceed eight years. These provisions for
25        extension of conditional  release  shall  only  apply  to
26        defendants   conditionally   released  on  or  after  the
27        effective date of this amendatory Act of the 93rd General
28        Assembly July 1, 1979. However the  extension  provisions
29        of  Public  Act  83-1449 apply only to defendants charged
30        with a forcible felony.
31             (E)  "Facility director" means the chief officer  of
32        a mental health or developmental disabilities facility or
33        his  or  her  designee  or the supervisor of a program of
34        treatment  or  habilitation  or  his  or  her   designee.
 
                            -6-      LRB093 04985 RLC 15508 a
 1        "Designee"    may    include    a   physician,   clinical
 2        psychologist, social worker, or nurse.
 3        (b)  If  the  Court  finds  the  defendant   subject   to
 4    involuntary admission or in need of mental health services on
 5    an inpatient basis, the admission, detention, care, treatment
 6    or   habilitation,   treatment   plans,  review  proceedings,
 7    including  review  of  treatment  and  treatment  plans,  and
 8    discharge of the defendant after such order  shall  be  under
 9    the Mental Health and Developmental Disabilities Code, except
10    that the initial order for admission of a defendant acquitted
11    of  a felony by reason of insanity shall be for an indefinite
12    period of time. Such period of commitment  shall  not  exceed
13    the maximum length of time that the defendant would have been
14    required  to serve, less credit for good behavior as provided
15    in Section 5-4-1 of the Unified Code of  Corrections,  before
16    becoming  eligible  for  release had he been convicted of and
17    received the maximum sentence for the most serious crime  for
18    which  he has been acquitted by reason of insanity. The Court
19    shall determine  the  maximum  period  of  commitment  by  an
20    appropriate order. During  this period of time, the defendant
21    shall  not be permitted to be in the community in any manner,
22    including but not limited to off-grounds privileges, with  or
23    without  escort  by  personnel  of  the  Department  of Human
24    Services, unsupervised on-grounds  privileges,  discharge  or
25    conditional  or  temporary  release,  except  by  a  plan  as
26    provided  in  this  Section.  In no event shall a defendant's
27    continued unauthorized absence be a basis for discharge.  Not
28    more  than  30  days  after  admission  and  every  60   days
29    thereafter  so  long  as the initial order remains in effect,
30    the facility director shall file a treatment plan  report  in
31    writing  with  the  court and forward a copy of the treatment
32    plan report to the clerk of the court, the State's  Attorney,
33    and the defendant's attorney, if the defendant is represented
34    by  counsel, or to a person authorized by the defendant under
 
                            -7-      LRB093 04985 RLC 15508 a
 1    the   Mental   Health    and    Developmental    Disabilities
 2    Confidentiality  Act  to  be  sent a copy of the report.  The
 3    report shall include an opinion as to whether  the  defendant
 4    is  currently  subject  to  involuntary admission, in need of
 5    mental health services on an inpatient basis, or in  need  of
 6    mental  health  services  on an outpatient basis.  The report
 7    shall also summarize the basis for those findings and provide
 8    a current summary of the following items from  the  treatment
 9    plan:  (1)  an assessment of the defendant's treatment needs,
10    (2) a description of the services recommended for  treatment,
11    (3)  the  goals  of  each  type of element of service, (4) an
12    anticipated timetable for the accomplishment  of  the  goals,
13    and   (5)   a   designation  of  the  qualified  professional
14    responsible for the implementation of the  plan.  The  report
15    may   also   include   unsupervised   on-grounds  privileges,
16    off-grounds privileges (with or without escort  by  personnel
17    of  the  Department  of  Human  Services),  home  visits  and
18    participation   in   work   programs,  but  only  where  such
19    privileges have been approved by specific court order,  which
20    order  may  include  such  conditions on the defendant as the
21    Court may deem appropriate and necessary to reasonably assure
22    the defendant's satisfactory progress in  treatment  and  the
23    safety of the defendant and others.
24        (c)  Every  defendant  acquitted of a felony by reason of
25    insanity and subsequently found to be subject to  involuntary
26    admission  or  in  need  of  mental  health services shall be
27    represented by counsel in all proceedings under this  Section
28    and  under  the  Mental Health and Developmental Disabilities
29    Code.
30             (1)  The Court shall appoint as counsel  the  public
31        defender or an attorney licensed by this State.
32             (2)  Upon  filing  with  the  Court  of  a  verified
33        statement  of  legal  services  rendered  by  the private
34        attorney appointed pursuant  to  paragraph  (1)  of  this
 
                            -8-      LRB093 04985 RLC 15508 a
 1        subsection,  the  Court  shall determine a reasonable fee
 2        for such services.  If the defendant is unable to pay the
 3        fee, the Court shall enter an order upon the State to pay
 4        the entire fee or such amount as the defendant is  unable
 5        to  pay  from  funds appropriated by the General Assembly
 6        for that purpose.
 7        (d)  When the facility director determines that:
 8             (1)  the  defendant  is   no   longer   subject   to
 9        involuntary   admission  or  in  need  of  mental  health
10        services on an inpatient basis; and
11             (2)  the defendant  may  be  conditionally  released
12        because  he  or  she  is  still  in need of mental health
13        services or that the defendant may be discharged  as  not
14        in need of any mental health services; or
15             (3)  the defendant no longer requires placement in a
16        secure setting;
17    the facility director shall give written notice to the Court,
18    State's  Attorney and defense attorney. Such notice shall set
19    forth in detail the  basis  for  the  recommendation  of  the
20    facility  director,  and specify clearly the recommendations,
21    if any, of  the  facility  director,  concerning  conditional
22    release.   Within 30 days of the notification by the facility
23    director, the Court shall set a hearing and make a finding as
24    to whether the defendant is:
25             (i)  (blank) subject to involuntary admission; or
26             (ii)  in need of mental health services in the  form
27        of inpatient care; or
28             (iii)  in  need  of  mental  health services but not
29        subject to involuntary admission or inpatient care; or
30             (iv)  no longer in need of mental  health  services;
31        or
32             (v)  no   longer  requires  placement  in  a  secure
33        setting.
34        Upon finding by the Court,  the  Court  shall  enter  its
 
                            -9-      LRB093 04985 RLC 15508 a
 1    findings and such appropriate order as provided in subsection
 2    (a) of this Section.
 3        (e)  A  defendant  admitted  pursuant to this Section, or
 4    any person on his behalf, may  file a petition for  treatment
 5    plan  review,  transfer  to  a  non-secure setting within the
 6    Department of Human  Services  or  discharge  or  conditional
 7    release  under  the  standards  of  this Section in the Court
 8    which rendered the verdict.  Upon receipt of a  petition  for
 9    treatment  plan  review,  transfer to a non-secure setting or
10    discharge or conditional  release,  the  Court  shall  set  a
11    hearing  to  be  held  within  120  days.  Thereafter, no new
12    petition may be filed for 180 120 days without leave  of  the
13    Court.
14        (f)  The  Court  shall direct that notice of the time and
15    place of the  hearing  be  served  upon  the  defendant,  the
16    facility  director, the State's Attorney, and the defendant's
17    attorney. If requested by either the State or the defense  or
18    if   the   Court   feels  it  is  appropriate,  an  impartial
19    examination of the defendant by a  psychiatrist  or  clinical
20    psychologist as defined in Section 1-103 of the Mental Health
21    and  Developmental Disabilities Code who is not in the employ
22    of the Department of Human Services shall be ordered, and the
23    report considered at the time of the hearing.
24        (g)  The findings of the Court shall  be  established  by
25    clear  and  convincing evidence.  The burden of proof and the
26    burden of  going  forth  with  the  evidence  rest  with  the
27    defendant  or  any  person  on  the defendant's behalf when a
28    hearing is held to review a petition filed by or on behalf of
29    the defendant.  The evidence shall be presented in open Court
30    with the right of confrontation and  cross-examination.  Such
31    evidence may include, but is not limited to:
32             (1)  whether  the  defendant  appreciates  the  harm
33        caused  by  the  defendant to others and the community by
34        his or her prior conduct that resulted in the finding  of
 
                            -10-     LRB093 04985 RLC 15508 a
 1        not guilty by reason of insanity;
 2             (2)  Whether  the person appreciates the criminality
 3        of conduct similiar to the conduct for which  he  or  she
 4        was originally charged in this matter;
 5             (3)  the current state of the defendant's illness;
 6             (4)  what,  if  any,  medications  the  defendant is
 7        taking to control his or her mental illness;
 8             (5)  what, if any, adverse physical side effects the
 9        medication has on the defendant;
10             (6)  the length  of  time  it  would  take  for  the
11        defendant's mental health to deteriorate if the defendant
12        stopped taking prescribed medication;
13             (7)  the   defendant's   history  or  potential  for
14        alcohol and drug abuse;
15             (8)  the defendant's past criminal history;
16             (9)  any specialized physical or  medical  needs  of
17        the defendant;
18             (10)  any   family   participation   or  involvement
19        expected upon release and what  is  the  willingness  and
20        ability of the family to participate or be involved;
21             (11)  the  defendant's  potential  to be a danger to
22        himself, herself, or others; and
23             (12)  any other factor or factors  the  court  deems
24        appropriate.
25        (h)  If  the  Court finds, consistent with the provisions
26    of this Section, that the defendant is no longer in  need  of
27    mental  health  services it shall order the facility director
28    to discharge the defendant.  If the Court  finds,  consistent
29    with the provisions of this Section, that the defendant is in
30    need  of  mental  health  services,  and no longer in need of
31    inpatient care, it  shall  order  the  facility  director  to
32    release  the  defendant  under  such  conditions as the Court
33    deems appropriate and  as  provided  by  this  Section.  Such
34    conditional  release  shall be imposed for a period of 5 five
 
                            -11-     LRB093 04985 RLC 15508 a
 1    years as provided in paragraph (1) (D) of subsection (a)  and
 2    shall  be  subject    to  later  modification by the Court as
 3    provided by this Section. If the Court finds consistent  with
 4    the  provisions in this Section that the defendant is subject
 5    to involuntary admission or in need of mental health services
 6    on an inpatient basis, it shall order the  facility  director
 7    not  to discharge or release the defendant in accordance with
 8    paragraph (b) of this Section.
 9        (i)  If within the period of the defendant's  conditional
10    release  the  State's  Attorney determines that the defendant
11    has not fulfilled the conditions of his or her  release,  the
12    State's  Attorney  may petition the Court to revoke or modify
13    the conditional release of the defendant.  Upon the filing of
14    such petition the defendant may be remanded to the custody of
15    the Department,  or  to  any  other  mental  health  facility
16    designated  by  the Department, pending the resolution of the
17    petition.   Nothing  in  this  Section  shall   prevent   the
18    emergency  admission of a defendant pursuant to Article VI of
19    Chapter  III  of  the   Mental   Health   and   Developmental
20    Disabilities Code or the voluntary admission of the defendant
21    pursuant  to  Article  IV of Chapter III of the Mental Health
22    and Developmental Disabilities Code. If the Court determines,
23    after hearing evidence, that the defendant has not  fulfilled
24    the conditions of release, the Court shall order a hearing to
25    be  held  consistent with the provisions of paragraph (f) and
26    (g) of this Section. At such hearing, if the Court finds that
27    the defendant is subject to involuntary admission or in  need
28    of  mental  health  services  on an inpatient basis, it shall
29    enter an order remanding him or  her  to  the  Department  of
30    Human  Services  or  other  facility.  If  the  defendant  is
31    remanded to the Department of Human Services, he or she shall
32    be  placed  in  a  secure setting unless the Court determines
33    that there are compelling reasons that such placement is  not
34    necessary.  If  the Court finds that the defendant  continues
 
                            -12-     LRB093 04985 RLC 15508 a
 1    to be in need  of  mental  health  services  but  not  on  an
 2    inpatient basis, it may modify the conditions of the original
 3    release   in  order  to  reasonably  assure  the  defendant's
 4    satisfactory progress in treatment and his or her safety  and
 5    the  safety  of  others  in  accordance  with  the  standards
 6    established  in  paragraph  (1)  (D) of subsection (a). In no
 7    event shall such conditional release  be  longer  than  eight
 8    years. Nothing in this Section shall limit a Court's contempt
 9    powers or any other powers of a Court.
10        (j)  An  order  of  admission under this Section does not
11    affect the remedy of habeas corpus.
12        (k)  In the event of a conflict between this Section  and
13    the  Mental Health and Developmental Disabilities Code or the
14    Mental Health and Developmental Disabilities  Confidentiality
15    Act, the provisions of this Section shall govern.
16        (l)  This  amendatory  Act shall apply to all persons who
17    have been found not guilty by reason of insanity and who  are
18    presently  committed  to  the Department of Mental Health and
19    Developmental  Disabilities  (now  the  Department  of  Human
20    Services).
21        (m)  The Clerk of the Court shall, after the entry of  an
22    order  of  transfer to a non-secure setting of the Department
23    of  Human  Services  or  discharge  or  conditional  release,
24    transmit a certified copy of the order to the  Department  of
25    Human  Services, and the sheriff of the county from which the
26    defendant was admitted.  In cases where  the  arrest  of  the
27    defendant  or the commission of the offense took place in any
28    municipality with a population of more than  25,000  persons,
29    the  Clerk  of the Court shall also transmit a certified copy
30    of the order of  discharge  or  conditional  release  to  the
31    proper  law enforcement agency for said municipality provided
32    the municipality has requested such notice in writing.
33    (Source: P.A. 90-105, eff.  7-11-97;  90-593,  eff.  6-19-98;
34    91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)
 
                            -13-     LRB093 04985 RLC 15508 a
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.".