HB2574 96TH GENERAL ASSEMBLY

LRB096 09529 RLC 19686 b

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

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 3-8-5 as follows:

(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)

Sec. 3-8-5. Transfer to Department of Human Services.

(a) The Department shall cause inquiry and examination at periodic intervals to ascertain whether any person committed to it may be subject to involuntary admission, as defined in Section 1-119 of the Mental Health and Developmental Disabilities Code, or meets the standard for judicial admission as defined in Section 4-500 of the Mental Health and Developmental Disabilities Code, or is an addict, alcoholic or intoxicated person as defined in the Alcoholism and Other Drug Abuse and Dependency Act. The Department may provide special psychiatric or psychological or other counseling or treatment to such persons in a separate institution within the Department, or the Director of the Department of Corrections may transfer such persons other than addicts, alcoholics or intoxicated persons to the Department of Human Services for observation, diagnosis and treatment, subject to the approval of the Director of the Department of Human Services, for a period of not more than 6 months, if the person consents in writing to the transfer. The person shall be advised of his right not to consent, and if he does not consent, such transfer may be effected only by commitment under paragraphs (c) and (d) of this Section.

(a-5) If the committed person has been convicted of a felony offense under Section 11-501 of the Illinois Vehicle Code 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. 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. 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 commitment under paragraphs (c) and (d) of this Section. The committed person shall pay the Department that provides the treatment $100 for that treatment.

(b) The person's spouse, guardian or nearest relative and his attorney of record shall be advised of their right to object, and if objection is made, such transfer may be effected only by commitment under paragraph (c) of this Section. Notices of such transfer shall be mailed to such person's spouse, guardian or nearest relative and to the attorney of record marked for delivery to addressee only at his last known address by certified mail with return receipt requested together with written notification of the manner and time within which he may object thereto.

(c) If a committed person does not consent to his transfer to the Department of Human Services or if a person objects under paragraph (b) of this Section, or if the Department of Human Services determines that a transferred person requires commitment to the Department of Human Services for more than 6 months, or if the person's sentence will expire within 6 months, the Director of the Department of Corrections shall file a petition in the circuit court of the county in which the correctional institution or facility is located requesting the transfer of such person to the Department of Human Services. A certificate of a psychiatrist, clinical psychologist or, if admission to a developmental disability facility is sought, of a physician that the person is in need of commitment to the Department of Human Services for treatment or habilitation shall be attached to the petition. Copies of the petition shall be furnished to the named person and to the state's attorneys of the county in which the correctional institution or facility is located and the county in which the named person was committed to the Department of Corrections.

(d) The court shall set a date for a hearing on the petition within the time limit set forth in the Mental Health and Developmental Disabilities Code. The hearing shall be conducted in the manner prescribed by the Mental Health and Developmental Disabilities Code. If the person is found to be in need of commitment to the Department of Human Services for treatment or habilitation, the court may commit him to that Department.

(e) Nothing in this Section shall limit the right of the Director or the chief administrative officer of any institution or facility to utilize the emergency admission provisions of the Mental Health and Developmental Disabilities Code with respect to any person in his custody or care. The transfer of a person to an institution or facility of the Department of Human Services under paragraph (a) of this Section does not discharge the person from the control of the Department.

(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)

Section 99. Effective date. This Act takes effect January 1, 2010.