Full Text of SB2800 98th General Assembly
SB2800eng 98TH GENERAL ASSEMBLY |
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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 Department of Human Services Act is amended | 5 | | by changing Section 1-60 as follows: | 6 | | (20 ILCS 1305/1-60) | 7 | | Sec. 1-60. Pilot study. The Department of Human Services | 8 | | shall prepare 2 reports on the impact of the provisions of | 9 | | subsection (c) of Section 104-18 of the Code of Criminal | 10 | | Procedure of 1963. A preliminary report shall be prepared and | 11 | | submitted to the Governor and the General Assembly by November | 12 | | 1, 2012. A final report shall be prepared and submitted to the | 13 | | Governor and the General Assembly by October 1, 2013. The | 14 | | Department of Human Services shall prepare a report on the | 15 | | impact, after January 1, 2014, of the provisions of subsection | 16 | | (c) of Section 104-18 of the Code of Criminal Procedure of | 17 | | 1963. The report shall be prepared and submitted to the | 18 | | Governor and the General Assembly on or before January 2, 2016. | 19 | | Each report shall be posted on the Department's website within | 20 | | a week of its submission. Each report shall discuss the number | 21 | | of admissions during the reporting period, any delay in | 22 | | admissions, the number of persons returned to the county under | 23 | | the provisions of subsection (c) of Section 104-18 of the Code |
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| 1 | | of Criminal Procedure of 1963, and any issues the county | 2 | | sheriffs or other county officials are having with the returns. | 3 | | Each report shall include a recommendation from the Department | 4 | | of Human Services and one from an association representing | 5 | | Illinois sheriffs whether to continue the pilot study. If | 6 | | either report indicates that there are serious deleterious | 7 | | effects from the provisions of subsection (c) of Section 104-18 | 8 | | of the Code of Criminal Procedure of 1963 or that the | 9 | | provisions of subsection (c) of Section 104-18 of the Code of | 10 | | Criminal Procedure of 1963 are not producing adequate results, | 11 | | the General Assembly may take necessary steps to eliminate the | 12 | | provisions of subsection (c) of Section 104-18 of the Code of | 13 | | Criminal Procedure of 1963 prior to January 1, 2014.
| 14 | | (Source: P.A. 97-1020, eff. 8-17-12.) | 15 | | Section 10. The Code of Criminal Procedure of 1963 is | 16 | | amended by changing Section 104-18 as follows:
| 17 | | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| 18 | | Sec. 104-18. Progress Reports. ) | 19 | | (a) The treatment supervisor shall submit
a written | 20 | | progress report to the court, the State, and the defense:
| 21 | | (1) At least 7 days prior to the date for any hearing | 22 | | on the issue of
the defendant's fitness;
| 23 | | (2) Whenever he believes that the defendant has | 24 | | attained fitness;
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| 1 | | (3) Whenever he believes that there is not a | 2 | | substantial probability that
the defendant will attain | 3 | | fitness, with treatment, within one year from
the date of | 4 | | the original finding of unfitness.
| 5 | | (b) The progress report shall contain:
| 6 | | (1) The clinical findings of the treatment supervisor | 7 | | and the facts upon
which the findings are based;
| 8 | | (2) The opinion of the treatment supervisor as to | 9 | | whether the defendant
has attained fitness or as to whether | 10 | | the defendant is making progress,
under treatment, toward | 11 | | attaining fitness within one year from the date
of the | 12 | | original finding of unfitness;
| 13 | | (3) If the defendant is receiving medication, | 14 | | information from the prescribing
physician indicating the | 15 | | type, the dosage and the effect of the medication
on the | 16 | | defendant's appearance, actions and demeanor.
| 17 | | (c) Whenever the court is sent a report from the supervisor | 18 | | of the defendant's treatment under paragraph (2) of subsection | 19 | | (a) of this Section, the treatment provider shall arrange with | 20 | | the court for the return of the defendant to the county jail | 21 | | before the time frame specified in subsection (a) of Section | 22 | | 104-20 of this Code . This subsection (c) is inoperative on and | 23 | | after January 1, 2014. | 24 | | (Source: P.A. 97-1020, eff. 8-17-12.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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