Full Text of HB3616 102nd General Assembly
HB3616eng 102ND 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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 104-17 as follows:
| 6 | | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| 7 | | Sec. 104-17. Commitment for treatment; treatment plan.
| 8 | | (a) If the defendant
is eligible to be or has been released | 9 | | on bail or on his own recognizance,
the court shall select the | 10 | | least physically restrictive form of treatment
therapeutically | 11 | | appropriate and consistent with the treatment plan. The | 12 | | placement may be ordered either on an inpatient or an | 13 | | outpatient basis. The court shall order that the placement be | 14 | | on an outpatient basis unless the court determines: (1) that | 15 | | outpatient treatment will not provide reasonable assurances | 16 | | for the safety of the defendant and others or provide | 17 | | reasonable assurances that the defendant can be restored to | 18 | | fitness on an outpatient basis, or (2) that clinically | 19 | | appropriate outpatient treatment is not accessible, or | 20 | | optimal, due to cost, waiting lists, treatment limits, or | 21 | | other barriers. If the court determines that placement on an | 22 | | outpatient basis is not appropriate (b) If the defendant's | 23 | | disability is mental , the court shall may order the defendant |
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| 1 | | him placed
for treatment in the custody of the Department of | 2 | | Human Services which shall place and maintain the defendant in | 3 | | a suitable treatment facility or program , or the court may | 4 | | order him or her placed in
the custody of any other
appropriate | 5 | | public or private inpatient mental health facility or | 6 | | treatment program
which has agreed to provide treatment to the | 7 | | defendant. Unless there are no beds available in a | 8 | | State-operated facility, the defendant shall be placed in such | 9 | | a facility. If the court determines that placement on an | 10 | | outpatient basis is appropriate, the court shall order the | 11 | | defendant placed in the custody of any appropriate public or | 12 | | private outpatient treatment program which has been approved | 13 | | by the Department of Human Services and has agreed to provide | 14 | | treatment to the defendant. | 15 | | (b) If the defendant is in custody and If the court orders | 16 | | the defendant placed in the custody of the Department of Human | 17 | | Services, the Department shall evaluate the defendant to | 18 | | determine to which secure facility the defendant shall be | 19 | | transported and, within 20 days of the transmittal by the | 20 | | clerk of the circuit court of the placement court order, | 21 | | notify the sheriff of the designated facility. Upon receipt of | 22 | | that notice, the sheriff shall promptly transport the | 23 | | defendant to the designated facility. If the defendant
is | 24 | | placed in the custody of the Department of Human Services, the | 25 | | defendant shall be placed in a
secure setting. During
the | 26 | | period of time required to determine the appropriate placement |
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| 1 | | the
defendant shall remain in jail. If during the course of | 2 | | evaluating the defendant for placement, the Department of | 3 | | Human Services determines that the defendant is currently fit | 4 | | to stand trial, it shall immediately notify the court and | 5 | | shall submit a written report within 7 days. In that | 6 | | circumstance the placement shall be held pending a court | 7 | | hearing on the Department's report. Otherwise, upon completion | 8 | | of the placement process, the
sheriff shall be notified and | 9 | | shall transport the defendant to the designated
facility. If, | 10 | | within 20 days of the transmittal by the clerk of the circuit | 11 | | court of the placement court order, the Department fails to | 12 | | notify the sheriff of the identity of the facility to which the | 13 | | defendant shall be transported, the sheriff shall contact a | 14 | | designated person within the Department to inquire about when | 15 | | a placement will become available at the designated facility | 16 | | and bed availability at other facilities. If, within
20 days | 17 | | of the transmittal by the clerk of the circuit court of the | 18 | | placement court order, the Department
fails to notify the | 19 | | sheriff of the identity of the facility to
which the defendant | 20 | | shall be transported, the sheriff shall
notify the Department | 21 | | of its intent to transfer the defendant to the nearest secure | 22 | | mental health facility operated by the Department and inquire | 23 | | as to the status of the placement evaluation and availability | 24 | | for admission to such facility operated by the Department by | 25 | | contacting a designated person within the Department. The | 26 | | Department shall respond to the sheriff within 2 business days |
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| 1 | | of the notice and inquiry by the sheriff seeking the transfer | 2 | | and the Department shall provide the sheriff with the status | 3 | | of the evaluation, information on bed and placement | 4 | | availability, and an estimated date of admission for the | 5 | | defendant and any changes to that estimated date of admission. | 6 | | If the Department notifies the sheriff during the 2 business | 7 | | day period of a facility operated by the Department with | 8 | | placement availability, the sheriff shall promptly transport | 9 | | the defendant to that facility. If the Department determines | 10 | | that a defendant, who has been placed in the Department's | 11 | | custody for treatment on an inpatient basis, can be treated on | 12 | | an outpatient basis, the Department shall provide written | 13 | | notification to the court, the State's Attorney, and counsel | 14 | | for defendant of that determination, which notification shall | 15 | | set forth in detail the basis for the Department's | 16 | | determination. If the court determines: (1) that outpatient | 17 | | treatment will provide reasonable assurances for the safety of | 18 | | the defendant and others and provides reasonable assurances | 19 | | that the defendant can be restored to fitness on an outpatient | 20 | | basis, or (2) that clinically appropriate outpatient treatment | 21 | | is not accessible, or optimal, due to cost, waiting lists, | 22 | | treatment limits or other barriers, the court shall order the | 23 | | defendant to undergo treatment on an outpatient basis as | 24 | | provided in subsection (a) of this Section The placement may | 25 | | be ordered either on an inpatient or an outpatient
basis .
| 26 | | (c) If the defendant is not in custody and the court orders |
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| 1 | | the defendant placed in the custody of the Department of Human | 2 | | Services, the Department shall notify the defendant of the | 3 | | facility to which he or she must report and the date and time | 4 | | that the defendant must report to that facility. If the | 5 | | defendant fails to report to the facility, the Department | 6 | | shall notify the sheriff who shall transport the defendant to | 7 | | the designated facility. If the defendant's disability is | 8 | | physical, the court may order him
placed under the supervision | 9 | | of the Department of Human
Services
which shall place and | 10 | | maintain the defendant in a suitable treatment facility
or | 11 | | program, or the court may order him placed in an appropriate | 12 | | public or
private facility or treatment program which has | 13 | | agreed to provide treatment
to the defendant. The placement | 14 | | may be ordered either on an inpatient or
an outpatient basis.
| 15 | | (c-5) If the defendant has been placed in an outpatient | 16 | | treatment program, that program shall promptly notify the | 17 | | court, the Department, the State's Attorney and counsel for | 18 | | defendant should the defendant fail to comply with the | 19 | | provisions of the court order for treatment or should the | 20 | | defendant no longer be appropriate for outpatient fitness | 21 | | restoration. If the court determines that outpatient treatment | 22 | | is no longer appropriate pursuant to the standard in | 23 | | subsection (a), the court shall order the defendant to receive | 24 | | treatment on an inpatient basis as provided in subsection (c). | 25 | | Nothing in this Section shall limit a court's contempt powers | 26 | | or any other powers of a court. |
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| 1 | | (d) The clerk of the circuit court shall within 5 days of | 2 | | the entry of the order transmit to the Department, agency
or | 3 | | institution, if any, to which the defendant is remanded for | 4 | | treatment, the
following:
| 5 | | (1) a certified copy of the order to undergo | 6 | | treatment. Accompanying the certified copy of the order to | 7 | | undergo treatment shall be the complete copy of any report | 8 | | prepared under Section 104-15 of this Code or other report | 9 | | prepared by a forensic examiner for the court;
| 10 | | (2) the county and municipality in which the offense | 11 | | was committed;
| 12 | | (3) the county and municipality in which the arrest | 13 | | took place; | 14 | | (4) a copy of the arrest report, criminal charges, | 15 | | arrest record; and
| 16 | | (5) all additional matters which the Court directs the | 17 | | clerk to transmit.
| 18 | | (e) Within 30 days of entry of an order to undergo | 19 | | treatment, the person
supervising the defendant's treatment | 20 | | shall file with the court, the State,
and the defense a report | 21 | | assessing the facility's or program's capacity
to provide | 22 | | appropriate treatment for the defendant and indicating his | 23 | | opinion
as to the probability of the defendant's attaining | 24 | | fitness within a period
of time from the date of the finding of | 25 | | unfitness. For a defendant charged with a felony, the period | 26 | | of time shall be one year. For a defendant charged with a |
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| 1 | | misdemeanor, the period of time shall be no longer than the | 2 | | sentence if convicted of the most serious offense. If the | 3 | | report indicates
that there is a substantial probability that | 4 | | the defendant will attain fitness
within the time period, the | 5 | | treatment supervisor shall also file a treatment
plan which | 6 | | shall include:
| 7 | | (1) A diagnosis of the defendant's disability;
| 8 | | (2) A description of treatment goals with respect to | 9 | | rendering the
defendant
fit, a specification of the | 10 | | proposed treatment modalities, and an estimated
timetable | 11 | | for attainment of the goals;
| 12 | | (3) An identification of the person in charge of | 13 | | supervising the
defendant's
treatment.
| 14 | | (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
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