Full Text of SB2559 97th General Assembly
SB2559 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2559 Introduced 1/11/2012, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/104-18 | from Ch. 38, par. 104-18 |
725 ILCS 5/104-23 | from Ch. 38, par. 104-23 |
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Amends the Code of Criminal Procedure of 1963 relating to progress reports of defendants found unfit to stand trial. Provides that whenever the court is sent a report from the supervisor of the defendant's treatment, the treatment provider shall arrange for the return of the defendant to the county jail within a specified period before the discharge hearing. Provides that the discharge hearing shall be held within 14 (rather than 120) days of the filing of a
motion for a discharge hearing, unless good cause is demonstrated why the hearing cannot be held or the delay is occasioned by the defendant. Effective immediately.
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| | A BILL FOR |
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| 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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 104-18 and 104-23 as follows:
| 6 | | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| 7 | | Sec. 104-18.
Progress Reports.) (a) The treatment | 8 | | supervisor shall submit
a written progress report to the court, | 9 | | the State, and the defense:
| 10 | | (1) At least 7 days prior to the date for any hearing on | 11 | | the issue of
the defendant's fitness;
| 12 | | (2) Whenever he believes that the defendant has attained | 13 | | fitness;
| 14 | | (3) Whenever he believes that there is not a substantial | 15 | | probability that
the defendant will attain fitness, with | 16 | | treatment, within one year from
the date of the original | 17 | | finding of unfitness.
| 18 | | (b) The progress report shall contain:
| 19 | | (1) The clinical findings of the treatment supervisor and | 20 | | the facts upon
which the findings are based;
| 21 | | (2) The opinion of the treatment supervisor as to whether | 22 | | the defendant
has attained fitness or as to whether the | 23 | | defendant is making progress,
under treatment, toward |
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| 1 | | attaining fitness within one year from the date
of the original | 2 | | finding of unfitness;
| 3 | | (3) If the defendant is receiving medication, information | 4 | | from the prescribing
physician indicating the type, the dosage | 5 | | and the effect of the medication
on the defendant's appearance, | 6 | | actions and demeanor.
| 7 | | (c) Whenever the court is sent a report from the supervisor | 8 | | of the defendant's treatment pursuant to subparagraph (2) or | 9 | | (3) of paragraph (a) of this Section, the treatment provider | 10 | | shall arrange for the return of the defendant to the county | 11 | | jail before the time frame specified in subparagraph (b)(1) of | 12 | | Section 104-23. | 13 | | (Source: P.A. 81-1217.)
| 14 | | (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
| 15 | | Sec. 104-23. Unfit defendants. Cases involving an unfit | 16 | | defendant who
demands a discharge hearing or a defendant who | 17 | | cannot become fit to stand
trial and for whom no special | 18 | | provisions or assistance can compensate for
his disability and | 19 | | render him fit shall proceed in the following manner:
| 20 | | (a) Upon a determination that there is not a substantial | 21 | | probability
that the defendant will attain fitness within one | 22 | | year from the original
finding of unfitness, a defendant or the | 23 | | attorney for the defendant
may move for a discharge hearing | 24 | | pursuant to the provisions of Section 104-25.
The discharge | 25 | | hearing shall be held within 14 120 days of the filing of a
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| 1 | | motion for a discharge hearing, unless good cause is | 2 | | demonstrated why the hearing cannot be held or the delay is | 3 | | occasioned by the defendant.
| 4 | | (b) If at any time the court determines that there is not a | 5 | | substantial
probability that the defendant will become fit to | 6 | | stand trial or to plead
within one year from the date of the | 7 | | original finding of unfitness,
or if at the end of one year | 8 | | from that date the court finds the defendant
still unfit and | 9 | | for whom no special provisions or assistance can compensate
for | 10 | | his disabilities and render him fit, the State shall request | 11 | | the court:
| 12 | | (1) To set the matter for hearing within 14 days | 13 | | pursuant to Section 104-25 unless
good cause is | 14 | | demonstrated why the hearing cannot be held or a hearing | 15 | | has already been held pursuant to paragraph (a) of this | 16 | | Section; or
| 17 | | (2) To release the defendant from custody and to | 18 | | dismiss with prejudice
the charges against him; or
| 19 | | (3) To remand the defendant to the custody of the | 20 | | Department of
Human Services and order a
hearing to be | 21 | | conducted
pursuant to the provisions of the Mental Health | 22 | | and Developmental Disabilities
Code, as now or hereafter | 23 | | amended. The Department of Human Services shall have 7 days | 24 | | from the
date it receives the
defendant to prepare and file | 25 | | the necessary petition and certificates that are
required | 26 | | for commitment under the Mental Health and Developmental |
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| 1 | | Disabilities
Code. If the defendant is committed to the
| 2 | | Department of Human Services pursuant to such
hearing, the | 3 | | court
having jurisdiction over the criminal matter shall | 4 | | dismiss the charges against
the defendant, with the leave | 5 | | to reinstate. In such cases the Department of Human | 6 | | Services shall notify the court,
the State's attorney and | 7 | | the defense attorney upon the discharge of the
defendant. A | 8 | | former defendant so committed
shall be treated in the same | 9 | | manner as any other civilly committed patient
for all | 10 | | purposes including admission, selection of the place of | 11 | | treatment
and the treatment modalities, entitlement to | 12 | | rights and privileges, transfer,
and discharge. A | 13 | | defendant who is not committed shall be remanded to the
| 14 | | court having jurisdiction of the criminal matter for | 15 | | disposition pursuant
to subparagraph (1) or (2) of | 16 | | paragraph (b) of this Section.
| 17 | | (c) If the defendant is restored to fitness and the | 18 | | original charges
against him are reinstated, the speedy trial | 19 | | provisions of Section 103-5
shall commence to run.
| 20 | | (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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