Full Text of SB1418 95th General Assembly
SB1418eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by adding Section 104-17.5 as follows: | 6 |
| (725 ILCS 5/104-17.5 new) | 7 |
| Sec. 104-17.5. Fitness for trial; administration of | 8 |
| authorized involuntary medication upon application to a court. | 9 |
| (a) Generally. Involuntary medication may be administered | 10 |
| to an adult defendant without the informed consent of the | 11 |
| defendant by order of the circuit court pursuant to the | 12 |
| procedures and standards set forth in this Section. | 13 |
| Notwithstanding any other provisions of this Section, a | 14 |
| defendant in the custody of the Department of Human Services | 15 |
| may also be administered medication as provided in the Mental | 16 |
| Health and Developmental Disabilities Code. A defendant in the | 17 |
| custody of the Department of Corrections may also be | 18 |
| administered medication as provided in the rules and | 19 |
| regulations of the Department of Corrections. | 20 |
| (b) Definition. For purposes of this Section, "authorized | 21 |
| involuntary medication" means: | 22 |
| (1) Psychotropic medication whose use for | 23 |
| anti-psychotic, antidepressant, anti-manic, anti-anxiety, |
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| behavioral modification, or behavioral management purposes | 2 |
| is listed in the latest edition of the AMA Drug Evaluations | 3 |
| or Physician's Desk Reference or that is administered for | 4 |
| any of these purposes. | 5 |
| (2) Tests and other related procedures that are | 6 |
| essential for the safe and effective administration of a | 7 |
| psychotropic medication. | 8 |
| (c) Petition. The State on behalf of a facility director | 9 |
| may petition the circuit court for an order authorizing the | 10 |
| administration of authorized involuntary medication to a | 11 |
| defendant. The petition shall include: | 12 |
| (1) A copy of the defendant's power of attorney for | 13 |
| health care under the Illinois Power of Attorney Act, a | 14 |
| declaration for mental health under the Mental Health | 15 |
| Treatment Preference Declaration Act, or a statement by the | 16 |
| petitioner that a good faith attempt was made to determine | 17 |
| whether such instruments exist and that none were found to | 18 |
| exist. | 19 |
| (2) A treatment plan with diagnosis, proposed | 20 |
| medications and their dosages and side effects, any | 21 |
| alternative medications and their dosages and side | 22 |
| effects, testing and procedures essential for the safe and | 23 |
| effective administration of the authorized involuntary | 24 |
| medication, and the staff members responsible for | 25 |
| implementing the treatment plan. | 26 |
| (3) If applicable, specific testing and procedures |
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| sought to be administered and a request that the court | 2 |
| authorize such testing and procedures as may be essential | 3 |
| for the safe and effective administration of the authorized | 4 |
| involuntary medication sought to be administered. | 5 |
| (4) A statement that other, less restrictive services | 6 |
| have been explored and found inappropriate or, taking | 7 |
| account of less intrusive alternatives, the authorized | 8 |
| involuntary medication is necessary to render the | 9 |
| defendant fit. | 10 |
| If the defendant is in the custody of the Department of | 11 |
| Human Services, the statement shall include a statement that | 12 |
| the defendant was evaluated and could not be medicated under | 13 |
| Section 2-102, 2-107, or 2-107.1 of the Mental Health and | 14 |
| Developmental Disabilities Code. | 15 |
| (d) Service of petition and notice. No later than 7 days | 16 |
| prior to the date of the hearing, the petitioner shall deliver | 17 |
| a copy of the petition and notice of the time and place of the | 18 |
| hearing to the defendant, his or her attorney, any known agent | 19 |
| or attorney-in-fact, if any, and the guardian, if any. Service | 20 |
| may be made by facsimile transmission, mail, or in person. Upon | 21 |
| receipt of the petition and notice, the party served, or the | 22 |
| person delivering the petition and notice to the party served, | 23 |
| shall acknowledge service. If the sending party does not | 24 |
| receive acknowledgment of service within 24 hours, service must | 25 |
| be made by personal service. | 26 |
| (e) Hearing. The court shall hold a hearing within 14 days |
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| after the filing of the petition. The People or the petitioner | 2 |
| shall be entitled to a continuance of not more than 7 days as | 3 |
| of right. An additional continuance of not more than 7 days may | 4 |
| be granted to any party (i) upon a showing that the continuance | 5 |
| is needed in order to adequately prepare for or present | 6 |
| evidence in a hearing under this Section or (ii) under | 7 |
| exceptional circumstances. The court may grant an additional | 8 |
| continuance not to exceed 21 days when, in its discretion, the | 9 |
| court determines that such a continuance is necessary to | 10 |
| provide the defendant an examination, a trial by jury, or | 11 |
| substitution of counsel as provided for by the Illinois Supreme | 12 |
| Court Rules. | 13 |
| (f) Evidence. Authorized involuntary medication shall not | 14 |
| be administered to the defendant unless it has been determined | 15 |
| by clear and convincing evidence that all of the following | 16 |
| factors are present: | 17 |
| (1) The defendant has a serious mental illness or | 18 |
| developmental disability. | 19 |
| (2) The authorized involuntary medication is medically | 20 |
| appropriate. | 21 |
| (3) The authorized involuntary medication is | 22 |
| substantially likely to render the defendant fit to stand | 23 |
| trial. | 24 |
| (4) The authorized involuntary medication is | 25 |
| substantially unlikely to have side effects that may | 26 |
| undermine the fairness of the trial. |
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| (5) Other, less restrictive services have been | 2 |
| explored and found inappropriate or, taking account of less | 3 |
| intrusive alternatives, the authorized involuntary | 4 |
| medication is necessary significantly to further important | 5 |
| governmental trial-related interests (seriousness of | 6 |
| charge, need for timely adjudication of guilt, and risk of | 7 |
| unadjudicated release if not tried). | 8 |
| (6) If the petition seeks authorization for testing and | 9 |
| other procedures, such testing and procedures are | 10 |
| essential for the safe and effective administration of the | 11 |
| medication. | 12 |
| (g) Order. An order issued under this Section shall | 13 |
| designate the persons authorized to administer the authorized | 14 |
| involuntary medication under the standards and procedures of | 15 |
| this Section. Those persons shall have complete discretion not | 16 |
| to administer any medication authorized under this Section. The | 17 |
| order shall also specify the medication and the anticipated | 18 |
| range of dosages that have been authorized and may include a | 19 |
| list of any alternative medications and range of dosages deemed | 20 |
| necessary. Alternatively, the court may order the proposed | 21 |
| treatment plan that was presented in the petition. | 22 |
| (h) Duration of order. In no event shall an order issued | 23 |
| under this Section be effective for more than 90 days. A second | 24 |
| 90-day period of involuntary medication may be authorized | 25 |
| pursuant to this Section. Thereafter, additional 180-day | 26 |
| periods of involuntary medication may be authorized pursuant to |
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| the standards and procedures of this Section without limit. If | 2 |
| a new petition is filed at least 15 days prior to the | 3 |
| expiration of the prior order and the defendant agrees to a | 4 |
| hearing continuance, the administration of the medication may | 5 |
| continue in accordance with the prior order pending the | 6 |
| completion of a hearing under this Section.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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