Full Text of HB2574 96th General Assembly
HB2574 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2574
Introduced 2/20/2009, by Rep. Deborah Mell SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/3-8-5 |
from Ch. 38, par. 1003-8-5 |
|
Amends the Unified Code of Corrections. Provides that if the committed person has been convicted of a felony DUI offense or a felony violation of the Illinois Controlled Substances Act, a felony violation of the Methamphetamine Control and Community Protection Act, or a felony violation of the Cannabis Control Act, he or she shall be assigned to an alcoholism or drug treatment program approved by the Department of Human Services. Provides that the Department of Corrections may provide treatment to such persons in a separate institution
within the Department, or the Director of the Department of Corrections
may transfer such person to the Department of Human Services for treatment for a period of not more than 6 months, if the person
consents in writing to the transfer. Provides that the person shall be advised of his
or her right not to consent, and if he or she does not consent, such transfer may be
effected only by a court commitment order. Provides that the committed person shall pay the Department that provides the treatment $100 for that treatment. Effective January 1, 2010.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2574 |
|
LRB096 09529 RLC 19686 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-8-5 as follows:
| 6 |
| (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| 7 |
| Sec. 3-8-5. Transfer to Department of Human Services.
| 8 |
| (a) The Department shall cause inquiry and examination at
| 9 |
| periodic intervals to ascertain whether any person committed to | 10 |
| it may be
subject to involuntary admission, as defined in | 11 |
| Section 1-119 of the Mental
Health and Developmental | 12 |
| Disabilities Code, or meets the standard for judicial
admission | 13 |
| as defined in Section 4-500 of the Mental Health and | 14 |
| Developmental
Disabilities Code, or is an addict, alcoholic or | 15 |
| intoxicated person as
defined in the Alcoholism and Other Drug | 16 |
| Abuse and Dependency
Act. The Department may provide special | 17 |
| psychiatric or psychological
or other counseling or treatment | 18 |
| to such persons in a separate institution
within the | 19 |
| Department, or the Director of the Department of Corrections
| 20 |
| may transfer such persons other than addicts, alcoholics or | 21 |
| intoxicated
persons to the Department of Human Services for | 22 |
| observation, diagnosis and treatment, subject
to the approval
| 23 |
| of the Director of the Department of Human Services, for a |
|
|
|
HB2574 |
- 2 - |
LRB096 09529 RLC 19686 b |
|
| 1 |
| period of not more than 6 months, if the person
consents in | 2 |
| writing to the transfer. The person shall be advised of his
| 3 |
| right not to consent, and if he does not consent, such transfer | 4 |
| may be
effected only by commitment under paragraphs (c) and (d) | 5 |
| of this Section.
| 6 |
| (a-5) If the committed person has been convicted of a | 7 |
| felony offense under Section 11-501 of the Illinois Vehicle | 8 |
| Code or a felony violation of the Illinois Controlled | 9 |
| Substances Act, a felony violation of the Methamphetamine | 10 |
| Control and Community Protection Act, or a felony violation of | 11 |
| the Cannabis Control Act, he or she shall be assigned to an | 12 |
| alcoholism or drug treatment program approved by the Department | 13 |
| of Human Services. The Department of Corrections may provide | 14 |
| treatment to such persons in a separate institution
within the | 15 |
| Department, or the Director of the Department of Corrections
| 16 |
| may transfer such person to the Department of Human Services | 17 |
| for treatment for a period of not more than 6 months, if the | 18 |
| person
consents in writing to the transfer. The person shall be | 19 |
| advised of his
or her right not to consent, and if he or she | 20 |
| does not consent, such transfer may be
effected only by | 21 |
| commitment under paragraphs (c) and (d) of this Section. The | 22 |
| committed person shall pay the Department that provides the | 23 |
| treatment $100 for that treatment. | 24 |
| (b) The person's spouse, guardian or nearest relative and | 25 |
| his attorney
of record shall be advised of their right to | 26 |
| object, and if objection is
made, such transfer may be effected |
|
|
|
HB2574 |
- 3 - |
LRB096 09529 RLC 19686 b |
|
| 1 |
| only by commitment under paragraph (c)
of this Section. Notices | 2 |
| of such transfer shall be mailed to such person's
spouse, | 3 |
| guardian or nearest relative and to the attorney of record | 4 |
| marked
for delivery to addressee only at his last known address | 5 |
| by certified mail
with return receipt requested together with | 6 |
| written notification of the
manner and time within which he may | 7 |
| object thereto.
| 8 |
| (c) If a committed person does not consent to his transfer | 9 |
| to the Department
of Human Services or if a
person objects | 10 |
| under
paragraph (b) of this Section, or if the Department of | 11 |
| Human Services determines that a transferred
person requires
| 12 |
| commitment to the Department of Human Services
for more than 6 | 13 |
| months, or if the person's sentence will expire within 6
| 14 |
| months, the Director of the Department of Corrections shall | 15 |
| file a petition
in the circuit court of the county in which the | 16 |
| correctional institution
or facility is located requesting the | 17 |
| transfer of such person to the
Department of Human Services. A | 18 |
| certificate
of a psychiatrist, clinical psychologist or, if
| 19 |
| admission to a developmental disability facility is sought, of | 20 |
| a
physician that the person is in need of commitment to the
| 21 |
| Department of Human Services for treatment
or habilitation | 22 |
| shall be attached to the petition. Copies of the
petition shall | 23 |
| be furnished to the named person and to the state's
attorneys | 24 |
| of the county in which the correctional institution or facility
| 25 |
| is located and the county in which the named person was | 26 |
| committed to the
Department of Corrections.
|
|
|
|
HB2574 |
- 4 - |
LRB096 09529 RLC 19686 b |
|
| 1 |
| (d) The court shall set a date for a hearing on the | 2 |
| petition within the
time limit set forth in the Mental Health | 3 |
| and Developmental Disabilities
Code. The hearing shall be | 4 |
| conducted in the manner prescribed by the Mental
Health and | 5 |
| Developmental Disabilities Code. If the person is found to be
| 6 |
| in need of commitment to the Department of Human Services for | 7 |
| treatment or habilitation, the
court may commit him to
that | 8 |
| Department.
| 9 |
| (e) Nothing in this Section shall limit the right of the | 10 |
| Director or the
chief administrative officer of any institution | 11 |
| or facility to utilize the
emergency admission provisions of | 12 |
| the Mental Health and Developmental
Disabilities Code with | 13 |
| respect to any person in his custody or care. The
transfer of a | 14 |
| person to an institution or facility of the Department of Human
| 15 |
| Services under paragraph (a)
of this Section does not discharge | 16 |
| the person from the control of the
Department.
| 17 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| 18 |
| Section 99. Effective date. This Act takes effect January | 19 |
| 1, 2010.
|
|