Illinois General Assembly - Full Text of SB1342
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Full Text of SB1342  93rd General Assembly

SB1342sam001 93rd General Assembly


093_SB1342sam001

 










                                     LRB093 04985 RLC 13144 a

 1                    AMENDMENT TO SENATE BILL 1342

 2        AMENDMENT NO.     .  Amend Senate Bill 1342 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

 7        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
 8        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
 9    Insanity.
10        (a)  After  a  finding or verdict of not guilty by reason
11    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
12    of Criminal Procedure of 1963, the defendant shall be ordered
13    to the Department of Human Services for an evaluation  as  to
14    whether  he is subject to involuntary admission or in need of
15    mental health services.  The order shall specify whether  the
16    evaluation  shall  be conducted on an inpatient or outpatient
17    basis. If the evaluation is to be conducted on  an  inpatient
18    basis,  the  defendant  shall  be  placed in a secure setting
19    unless the Court determines that there are compelling reasons
20    why such placement is not necessary. After the evaluation and
21    during  the  period  of  time  required  to   determine   the
 
                            -2-      LRB093 04985 RLC 13144 a
 1    appropriate  placement,  the  defendant shall remain in jail.
 2    Upon completion of the placement  process the  sheriff  shall
 3    be   notified  and  shall  transport  the  defendant  to  the
 4    designated facility.
 5        The Department shall provide the Court with a  report  of
 6    its evaluation within 30 days of the date of this order.  The
 7    Court  shall  hold  a  hearing  as  provided under the Mental
 8    Health and Developmental Disabilities Code  to  determine  if
 9    the  individual is: (a) subject to involuntary admission; (b)
10    in need of mental health services on an inpatient basis;  (c)
11    in need of mental health services on an outpatient basis; (d)
12    a  person  not  in need of mental health services.  The Court
13    shall enter its findings.
14        If the defendant is found to be  subject  to  involuntary
15    admission  or  in  need  of  mental  health  services  on  an
16    inpatient  care basis, the Court shall order the defendant to
17    the Department of Human  Services.  The  defendant  shall  be
18    placed  in  a secure setting unless the Court determines that
19    there are  compelling  reasons  why  such  placement  is  not
20    necessary.  Such  defendants placed in a secure setting shall
21    not be permitted outside the facility's housing  unit  unless
22    escorted  or  accompanied  by  personnel of the Department of
23    Human Services or with the prior approval of  the  Court  for
24    unsupervised  on-grounds  privileges  as provided herein. Any
25    defendant  placed  in  a  secure  setting  pursuant  to  this
26    Section, transported to court  hearings  or  other  necessary
27    appointments   off  facility  grounds  by  personnel  of  the
28    Department of Human  Services,  may  be  placed  in  security
29    devices   or   otherwise   secured   during   the  period  of
30    transportation to assure secure transport  of  the  defendant
31    and  the safety of Department of Human Services personnel and
32    others.   These  security  measures  shall   not   constitute
33    restraint  as  defined in the Mental Health and Developmental
34    Disabilities Code. If the defendant is found to be in need of
 
                            -3-      LRB093 04985 RLC 13144 a
 1    mental health services, but not on an inpatient  care  basis,
 2    the  Court  shall  conditionally release the defendant, under
 3    such  conditions  as  set  forth  in  this  Section  as  will
 4    reasonably assure the defendant's  satisfactory  progress  in
 5    treatment  or  rehabilitation and the safety of the defendant
 6    or others.  If the Court finds the  person  not  in  need  of
 7    mental  health  services,  then  the  Court  shall  order the
 8    defendant discharged from custody.
 9        (1)  Definitions: In For the purposes of this Section:
10             (A)  "Subject to involuntary  admission"  means:   a
11        defendant   has  been  found  not  guilty  by  reason  of
12        insanity; and
13                  (i)  who is mentally ill and who because of his
14             mental illness is  reasonably  expected  to  inflict
15             serious physical harm upon himself or another in the
16             near future; or
17                  (ii)  who  is  mentally  ill and who because of
18             his illness is  unable  to  provide  for  his  basic
19             physical  needs  so as to guard himself from serious
20             harm.
21             (B)  "In  need  of  mental  health  services  on  an
22        inpatient basis" means: a defendant who  has  been  found
23        not  guilty  by  reason of insanity who is not subject to
24        involuntary admission but who is reasonably  expected  to
25        inflict serious physical harm upon himself or another and
26        who  would  benefit  from inpatient care or is in need of
27        inpatient care.
28             (C)  "In  need  of  mental  health  services  on  an
29        outpatient basis" means: a defendant who has  been  found
30        not  guilty  by  reason of insanity who is not subject to
31        involuntary  admission  or  in  need  of  mental   health
32        services  on  an  inpatient  basis,  but  is  in  need of
33        outpatient  care,  drug  and/or  alcohol   rehabilitation
34        programs,   community  adjustment  programs,  individual,
 
                            -4-      LRB093 04985 RLC 13144 a
 1        group, or family therapy, or chemotherapy.
 2             (D)  "Conditional Release" means: the  release  from
 3        either the custody of the Department of Human Services or
 4        the  custody  of the Court of a person who has been found
 5        not guilty by reason of insanity under such conditions as
 6        the  Court  may  impose  which  reasonably   assure   the
 7        defendant's   satisfactory   progress   in  treatment  or
 8        habilitation and the safety of the defendant and  others.
 9        The  Court shall consider such terms and conditions which
10        may include, but need not be limited to, outpatient care,
11        alcoholic and  drug  rehabilitation  programs,  community
12        adjustment   programs,  individual,  group,  family,  and
13        chemotherapy, periodic checks with the legal  authorities
14        and/or  the  Department  of Human Services. The person or
15        facility rendering the outpatient care shall be  required
16        to  periodically  report  to the Court on the progress of
17        the defendant. Such conditional release shall  be  for  a
18        period of five years, unless the defendant, the person or
19        facility  rendering  the  treatment,  therapy, program or
20        outpatient care, or the State's  Attorney  petitions  the
21        Court  for an extension of the conditional release period
22        for an additional three years. Upon  receipt  of  such  a
23        petition,  the Court shall hold a hearing consistent with
24        the provisions of this paragraph (a) and paragraph (f) of
25        this  Section,  shall  determine  whether  the  defendant
26        should continue to be subject to the terms of conditional
27        release, and shall enter an order  either  extending  the
28        defendant's  period  of  conditional release for a single
29        additional  three  year   period   or   discharging   the
30        defendant.  In  no  event shall the defendant's period of
31        conditional release exceed eight years. These  provisions
32        for  extension of conditional release shall only apply to
33        defendants conditionally released on  or  after  July  1,
34        1979.  However  the  extension  provisions  of Public Act
 
                            -5-      LRB093 04985 RLC 13144 a
 1        83-1449 apply only to defendants charged with a  forcible
 2        felony.
 3             (E)  "Facility  director" means the chief officer of
 4        a mental health or developmental disabilities facility or
 5        his or her designee or the supervisor  of  a  program  of
 6        treatment   or  habilitation  or  his  or  her  designee.
 7        "Designee"   may   include    a    physician,    clinical
 8        psychologist, social worker, or nurse.
 9        (b)  If   the   Court  finds  the  defendant  subject  to
10    involuntary admission or in need of mental health services on
11    an inpatient basis, the admission, detention, care, treatment
12    or  habilitation,  treatment   plans,   review   proceedings,
13    including  review  of  treatment  and  treatment  plans,  and
14    discharge  of  the  defendant after such order shall be under
15    the Mental Health and Developmental Disabilities Code, except
16    that the initial order for admission of a defendant acquitted
17    of a felony by reason of insanity shall be for an  indefinite
18    period  of  time.  Such period of commitment shall not exceed
19    the maximum length of time that the defendant would have been
20    required to serve, less  credit  for  good  behavior,  before
21    becoming  eligible  for  release had he been convicted of and
22    received the maximum sentence for the most serious crime  for
23    which  he has been acquitted by reason of insanity. The Court
24    shall determine  the  maximum  period  of  commitment  by  an
25    appropriate order. During  this period of time, the defendant
26    shall  not be permitted to be in the community in any manner,
27    including but not limited to off-grounds privileges, with  or
28    without  escort  by  personnel  of  the  Department  of Human
29    Services, unsupervised on-grounds  privileges,  discharge  or
30    conditional  or  temporary  release,  except  by  a  plan  as
31    provided  in  this  Section.  In no event shall a defendant's
32    continued unauthorized absence be a basis for discharge.  Not
33    more  than  30  days  after  admission  and  every  60   days
34    thereafter  so  long  as the initial order remains in effect,
 
                            -6-      LRB093 04985 RLC 13144 a
 1    the facility director shall file a treatment plan report with
 2    the court and forward a copy of the treatment plan report  to
 3    the  clerk  of  the  court,  the  State's  Attorney,  and the
 4    defendant's attorney, if  the  defendant  is  represented  by
 5    counsel, or to a person authorized by the defendant under the
 6    Mental  Health and Developmental Disabilities Confidentiality
 7    Act to be sent a  copy  of  the  report.   The  report  shall
 8    include  an  opinion as to whether the defendant is currently
 9    subject to involuntary admission, in need  of  mental  health
10    services  on  an inpatient basis, or in need of mental health
11    services on an  outpatient  basis.   The  report  shall  also
12    summarize  the basis for those findings and provide a current
13    summary of the following items from the treatment  plan:  (1)
14    an  assessment  of  the  defendant's  treatment  needs, (2) a
15    description of the services recommended  for  treatment,  (3)
16    the  goals  of  each  type  of  element  of  service,  (4) an
17    anticipated timetable for the accomplishment  of  the  goals,
18    and   (5)   a   designation  of  the  qualified  professional
19    responsible for the implementation of the  plan.  The  report
20    may   also   include   unsupervised   on-grounds  privileges,
21    off-grounds privileges (with or without escort  by  personnel
22    of  the  Department  of  Human  Services),  home  visits  and
23    participation   in   work   programs,  but  only  where  such
24    privileges have been approved by specific court order,  which
25    order  may  include  such  conditions on the defendant as the
26    Court may deem appropriate and necessary to reasonably assure
27    the defendant's satisfactory progress in  treatment  and  the
28    safety of the defendant and others.
29        (c)  Every  defendant  acquitted of a felony by reason of
30    insanity and subsequently found to be subject to  involuntary
31    admission  or  in  need  of  mental  health services shall be
32    represented by counsel in all proceedings under this  Section
33    and  under  the  Mental Health and Developmental Disabilities
34    Code.
 
                            -7-      LRB093 04985 RLC 13144 a
 1             (1)  The Court shall appoint as counsel  the  public
 2        defender or an attorney licensed by this State.
 3             (2)  Upon  filing  with  the  Court  of  a  verified
 4        statement  of  legal  services  rendered  by  the private
 5        attorney appointed pursuant  to  paragraph  (1)  of  this
 6        subsection,  the  Court  shall determine a reasonable fee
 7        for such services.  If the defendant is unable to pay the
 8        fee, the Court shall enter an order upon the State to pay
 9        the entire fee or such amount as the defendant is  unable
10        to  pay  from  funds appropriated by the General Assembly
11        for that purpose.
12        (d)  When the facility director determines that:
13             (1)  the  defendant  is   no   longer   subject   to
14        involuntary   admission  or  in  need  of  mental  health
15        services on an inpatient basis; and
16             (2)  the defendant  may  be  conditionally  released
17        because  he  or  she  is  still  in need of mental health
18        services or that the defendant may be discharged  as  not
19        in need of any mental health services; or
20             (3)  the defendant no longer requires placement in a
21        secure setting;
22    the facility director shall give written notice to the Court,
23    State's  Attorney and defense attorney. Such notice shall set
24    forth in detail the  basis  for  the  recommendation  of  the
25    facility  director,  and specify clearly the recommendations,
26    if any, of  the  facility  director,  concerning  conditional
27    release.   Within 30 days of the notification by the facility
28    director, the Court shall set a hearing and make a finding as
29    to whether the defendant is:
30             (i)  subject to involuntary admission; or
31             (ii)  in need of mental health services in the  form
32        of inpatient care; or
33             (iii)  in  need  of  mental  health services but not
34        subject to involuntary admission or inpatient care; or
 
                            -8-      LRB093 04985 RLC 13144 a
 1             (iv)  no longer in need of mental  health  services;
 2        or
 3             (v)  no   longer  requires  placement  in  a  secure
 4        setting.
 5        Upon finding by the Court,  the  Court  shall  enter  its
 6    findings and such appropriate order as provided in subsection
 7    (a) of this Section.
 8        (e)  A  defendant  admitted  pursuant to this Section, or
 9    any person on his behalf, may  file a petition for  treatment
10    plan  review,  transfer  to  a  non-secure setting within the
11    Department of Human  Services  or  discharge  or  conditional
12    release  under  the  standards  of  this Section in the Court
13    which rendered the verdict.  Upon receipt of a  petition  for
14    treatment  plan  review,  transfer to a non-secure setting or
15    discharge or conditional  release,  the  Court  shall  set  a
16    hearing  to  be  held  within  120  days.  Thereafter, no new
17    petition may be filed for  120  days  without  leave  of  the
18    Court.
19        (f)  The  Court  shall direct that notice of the time and
20    place of the  hearing  be  served  upon  the  defendant,  the
21    facility  director, the State's Attorney, and the defendant's
22    attorney. If requested by either the State or the defense  or
23    if   the   Court   feels  it  is  appropriate,  an  impartial
24    examination of the defendant by a  psychiatrist  or  clinical
25    psychologist as defined in Section 1-103 of the Mental Health
26    and  Developmental Disabilities Code who is not in the employ
27    of the Department of Human Services shall be ordered, and the
28    report considered at the time of the hearing.
29        (g)  The findings of the Court shall  be  established  by
30    clear  and  convincing evidence.  The burden of proof and the
31    burden of  going  forth  with  the  evidence  rest  with  the
32    defendant  or  any  person  on  the defendant's behalf when a
33    hearing is held to review the determination of  the  facility
34    director  that  the  defendant  should  be  transferred  to a
 
                            -9-      LRB093 04985 RLC 13144 a
 1    non-secure setting, discharged, or conditionally released  or
 2    when  a  hearing  is held to review a petition filed by or on
 3    behalf of the defendant.  The evidence shall be presented  in
 4    open    Court   with   the   right   of   confrontation   and
 5    cross-examination.
 6        (h)  If the Court finds that the defendant is  no  longer
 7    in need of mental health services it shall order the facility
 8    director to discharge the defendant.  If the Court finds that
 9    the  defendant  is  in need of mental health services, and no
10    longer in need of inpatient care, it shall order the facility
11    director to release the defendant under  such  conditions  as
12    the  Court deems appropriate and as provided by this Section.
13    Such conditional release shall be imposed  for  a  period  of
14    five years and shall be subject  to later modification by the
15    Court  as  provided  by this Section. If the Court finds that
16    the defendant is subject to involuntary admission or in  need
17    of  mental  health  services  on an inpatient basis, it shall
18    order the facility director not to discharge or  release  the
19    defendant in accordance with paragraph (b) of this Section.
20        (i)  If  within the period of the defendant's conditional
21    release, the Court determines, after hearing  evidence,  that
22    the  defendant  has  not fulfilled the conditions of release,
23    the Court shall order a hearing to be  held  consistent  with
24    the  provisions  of paragraph (f) and (g) of this Section. At
25    such hearing, if  the  Court  finds  that  the  defendant  is
26    subject  to involuntary admission or in need of mental health
27    services on an inpatient  basis,  it  shall  enter  an  order
28    remanding  him  or her to the Department of Human Services or
29    other  facility.  If  the  defendant  is  remanded   to   the
30    Department  of Human Services, he or she shall be placed in a
31    secure setting unless the Court  determines  that  there  are
32    compelling  reasons  that such placement is not necessary. If
33    the Court finds that the defendant  continues to be  in  need
34    of  mental  health services but not on an inpatient basis, it
 
                            -10-     LRB093 04985 RLC 13144 a
 1    may modify the conditions of the original release in order to
 2    reasonably assure the defendant's  satisfactory  progress  in
 3    treatment  and his or her safety and the safety of others. In
 4    no event shall such conditional release be longer than  eight
 5    years. Nothing in this Section shall limit a Court's contempt
 6    powers or any other powers of a Court.
 7        (j)  An  order  of  admission under this Section does not
 8    affect the remedy of habeas corpus.
 9        (k)  In the event of a conflict between this Section  and
10    the  Mental Health and Developmental Disabilities Code or the
11    Mental Health and Developmental Disabilities  Confidentiality
12    Act, the provisions of this Section shall govern.
13        (l)  This  amendatory  Act shall apply to all persons who
14    have been found not guilty by reason of insanity and who  are
15    presently  committed  to  the Department of Mental Health and
16    Developmental  Disabilities  (now  the  Department  of  Human
17    Services).
18        (m)  The Clerk of the Court shall, after the entry of  an
19    order  of  transfer to a non-secure setting of the Department
20    of  Human  Services  or  discharge  or  conditional  release,
21    transmit a certified copy of the order to the  Department  of
22    Human  Services, and the sheriff of the county from which the
23    defendant was admitted.  In cases where  the  arrest  of  the
24    defendant  or the commission of the offense took place in any
25    municipality with a population of more than  25,000  persons,
26    the  Clerk  of the Court shall also transmit a certified copy
27    of the order of  discharge  or  conditional  release  to  the
28    proper  law enforcement agency for said municipality provided
29    the municipality has requested such notice in writing.
30    (Source: P.A. 90-105, eff.  7-11-97;  90-593,  eff.  6-19-98;
31    91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)".