| |
Public Act 100-0027 Public Act 0027 100TH GENERAL ASSEMBLY |
Public Act 100-0027 | HB0649 Enrolled | LRB100 06743 RLC 16784 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Code of Criminal Procedure of 1963 is | amended by changing Sections 104-17, 104-18, and 104-20 as | follows:
| (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| Sec. 104-17. Commitment for Treatment; Treatment Plan.
| (a) If the defendant
is eligible to be or has been released | on bail or on his own recognizance,
the court shall select the | least physically restrictive form of treatment
therapeutically | appropriate and consistent with the treatment plan. The | placement may be ordered either on an inpatient or an | outpatient basis.
| (b) If the defendant's disability is mental, the court may | order him placed
for treatment in the custody of the Department | of Human Services, or the court may order him placed in
the | custody of any other
appropriate public or private mental | health facility or treatment program
which has agreed to | provide treatment to the defendant. If the court orders the | defendant placed in the custody of the Department of Human | Services, the Department shall evaluate the defendant to | determine to which secure facility the defendant shall be |
| transported and, within 20 days of the transmittal by the clerk | of the circuit court of the placement court order, notify the | sheriff of the designated facility. Upon receipt of that | notice, the sheriff shall promptly transport the defendant to | the designated facility. If the defendant
is placed in the | custody of the Department of Human Services, the defendant | shall be placed in a
secure setting. During
the period of time | required to determine the appropriate placement the
defendant | shall remain in jail. If during the course of evaluating the | defendant for placement, upon the completion of the placement | process the Department of Human Services determines that the | defendant is currently fit to stand trial, it shall immediately | notify the court and shall submit a written report within 7 | days. In that circumstance the placement shall be held pending | a court hearing on the Department's report. Otherwise, upon | completion of the placement process, the
sheriff shall be | notified and shall transport the defendant to the designated
| facility. If, within 20 days of the transmittal by the clerk of | the circuit court of the placement court order, the Department | fails to notify the sheriff of the identity of the facility to | which the defendant shall be transported, the sheriff shall | contact a designated person within the Department to inquire | about when a placement will become available at the designated | facility and bed availability at other facilities. If, within
| 20 days of the transmittal by the clerk of the circuit court of | the placement court order, the Department
fails to notify the |
| sheriff of the identity of the facility to
which the defendant | shall be transported, the sheriff shall
notify the Department | of its intent to transfer the defendant to the nearest secure | mental health facility operated by the Department and inquire | as to the status of the placement evaluation and availability | for admission to such facility operated by the Department by | contacting a designated person within the Department. The | Department shall respond to the sheriff within 2 business days | of the notice and inquiry by the sheriff seeking the transfer | and the Department shall provide the sheriff with the status of | the evaluation, information on bed and placement availability, | and an estimated date of admission for the defendant and any | changes to that estimated date of admission. If the Department | notifies the sheriff during the 2 business day period of a | facility operated by the Department with placement | availability, the sheriff shall promptly transport the | defendant to that facility. The placement may be ordered either | on an inpatient or an outpatient
basis.
| (c) If the defendant's disability is physical, the court | may order him
placed under the supervision of the Department of | Human
Services
which shall place and maintain the defendant in | a suitable treatment facility
or program, or the court may | order him placed in an appropriate public or
private facility | or treatment program which has agreed to provide treatment
to | the defendant. The placement may be ordered either on an | inpatient or
an outpatient basis.
|
| (d) The clerk of the circuit court shall within 5 days of | the entry of the order transmit to the Department, agency
or | institution, if any, to which the defendant is remanded for | treatment, the
following:
| (1) a certified copy of the order to undergo treatment. | Accompanying the certified copy of the order to undergo | treatment shall be the complete copy of any report prepared | under Section 104-15 of this Code or other report prepared | by a forensic examiner for the court;
| (2) the county and municipality in which the offense | was committed;
| (3) the county and municipality in which the arrest | took place; | (4) a copy of the arrest report, criminal charges, | arrest record; and
| (5) all additional matters which the Court directs the | clerk to transmit.
| (e) Within 30 days of entry of an order to undergo | treatment, the person
supervising the defendant's treatment | shall file with the court, the State,
and the defense a report | assessing the facility's or program's capacity
to provide | appropriate treatment for the defendant and indicating his | opinion
as to the probability of the defendant's attaining | fitness within a period
of time from the date of the finding of | unfitness. For a defendant charged with a felony, the period of | time shall be one year. For a defendant charged with a |
| misdemeanor, the period of time shall be no longer than the | sentence if convicted of the most serious offense. If the | report indicates
that there is a substantial probability that | the defendant will attain fitness
within the time period, the | treatment supervisor shall also file a treatment
plan which | shall include:
| (1) A diagnosis of the defendant's disability;
| (2) A description of treatment goals with respect to | rendering the
defendant
fit, a specification of the | proposed treatment modalities, and an estimated
timetable | for attainment of the goals;
| (3) An identification of the person in charge of | supervising the
defendant's
treatment.
| (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
| (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| Sec. 104-18. Progress Reports. | (a) The treatment supervisor shall submit
a written | progress report to the court, the State, and the defense:
| (1) At least 7 days prior to the date for any hearing | on the issue of
the defendant's fitness;
| (2) Whenever he believes that the defendant has | attained fitness;
| (3) Whenever he believes that there is not a | substantial probability that
the defendant will attain | fitness, with treatment, within the time period set in |
| subsection (e) of Section 104-17 of this Code from
the date | of the original finding of unfitness.
| (b) The progress report shall contain:
| (1) The clinical findings of the treatment supervisor | and the facts upon
which the findings are based;
| (2) The opinion of the treatment supervisor as to | whether the defendant
has attained fitness or as to whether | the defendant is making progress,
under treatment, toward | attaining fitness within the time period set in subsection | (e) of Section 104-17 of this Code from the date
of the | original finding of unfitness;
| (3) If the defendant is receiving medication, | information from the prescribing
physician indicating the | type, the dosage and the effect of the medication
on the | defendant's appearance, actions and demeanor.
| (c) Whenever the court is sent a report from the supervisor | of the defendant's treatment under paragraph (2) of subsection | (a) of this Section, the treatment provider shall arrange with | the county jail court for the immediate return of the defendant | to the county jail under subsection (e) before the time frame | specified in subsection (a) of Section 104-20 of this Code. | (Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14; | 99-78, eff. 7-20-15.)
| (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
| Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) |
| (a) Upon entry
or continuation of any order to undergo | treatment, the court shall set a
date for hearing to reexamine | the issue of the defendant's fitness not more
than 90 days | thereafter. In addition, whenever the court receives a report
| from the supervisor of the defendant's treatment pursuant to | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | court shall forthwith
set the matter for a first hearing within | 14 days unless good cause is demonstrated why the hearing | cannot be held. On the date set or upon conclusion of the | matter
then pending before it, the court, sitting without a | jury, shall conduct
a hearing, unless waived by the defense, | and shall determine:
| (1) Whether the defendant is fit to stand trial or to | plead; and if not,
| (2) Whether the defendant is making progress under | treatment toward attainment
of fitness within the time | period set in subsection (e) of Section 104-17 of this Code | from the date of the original finding
of unfitness.
| (b) If the court finds the defendant to be fit pursuant to | this Section,
the court shall set the matter for trial; | provided that if the defendant
is in need of continued care or | treatment and the supervisor of the defendant's
treatment | agrees to continue to provide it, the court may enter any order
| it deems appropriate for the continued care or treatment of the | defendant
by the facility or program pending the conclusion of | the criminal proceedings.
|
| (c) If the court finds that the defendant is still unfit | but that he is
making progress toward attaining fitness, the | court may continue or modify
its original treatment order | entered pursuant to Section 104-17.
| (d) If the court finds that the defendant is still unfit | and that he is
not making progress toward attaining fitness | such that there is not a
substantial probability that he will | attain fitness within the time period set in subsection (e) of | Section 104-17 of this Code from
the date of the original | finding of unfitness, the court shall proceed pursuant
to | Section 104-23. However, if the defendant is in need of | continued care
and treatment and the supervisor of the | defendant's treatment agrees to
continue to provide it, the | court may enter any order it deems appropriate
for the | continued care or treatment by the facility or program pending | the
conclusion of the criminal proceedings.
| (e) Whenever the court receives a report from the | supervisor of the defendant's treatment under paragraph (2) of | subsection (a) of Section 104-18 of this Code, the court shall | immediately enter an order directing the sheriff to return the | defendant to the county jail and set the matter for trial. At | any time the issue of the defendant's fitness can be raised | again under Section 104-11 of this Code. If the court finds | that the defendant is still unfit after being recommended as | fit by the supervisor of the defendant's treatment, the court | shall attach a copy of any written report that identifies the |
| factors in the finding that the defendant continues to be | unfit, prepared by a licensed physician, clinical | psychologist, or psychiatrist, to the court order remanding the | person for further treatment. | (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
| Section 10. The Unified Code of Corrections is amended by | changing Section 5-2-4 as follows:
| (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| Sec. 5-2-4. Proceedings after Acquittal by Reason of | Insanity.
| (a) After a finding or verdict of not guilty by reason of | insanity
under Sections 104-25, 115-3 or 115-4 of the Code of | Criminal Procedure
of 1963, the defendant shall be ordered to | the Department of Human Services for
an evaluation as to
| whether he is in need of mental health
services. The order
| shall specify whether the evaluation shall be conducted on an | inpatient or
outpatient basis. If the evaluation is to be | conducted on an inpatient
basis, the defendant shall be placed | in a secure setting. With the court order for evaluation shall | be sent a copy of the arrest report, criminal charges, arrest | record, jail record, any report prepared under Section 115-6 of | the Code of Criminal Procedure of 1963, and any victim impact | statement prepared under Section 6 of the Rights of Crime | Victims and Witnesses Act. The clerk of the circuit court shall |
| transmit this information to the Department within 5 days. If | the court orders that the evaluation be done on an inpatient | basis, the Department shall evaluate the defendant to determine | to which secure facility the defendant shall be transported | and, within 20 days of the transmittal by the clerk of the | circuit court of the placement court order, notify the sheriff | of the designated facility. Upon receipt of that notice, the | sheriff shall promptly transport the defendant to the | designated facility. During
After the evaluation and during the | period of time required to
determine the appropriate placement, | the defendant shall
remain in jail. If, within 20 days of the | transmittal by the clerk of the circuit court of the placement | court order, the Department fails to notify the sheriff of the | identity of the facility to which the defendant shall be | transported, the sheriff shall contact a designated person | within the Department to inquire about when a placement will | become available at the designated facility and bed | availability at other facilities. If, within
20 days of the | transmittal by the clerk of the circuit court of the placement | court order, the Department
fails to notify the sheriff of the | identity of the facility to
which the defendant shall be | transported, the sheriff shall
notify the Department of its | intent to transfer the defendant to the nearest secure mental | health facility operated by the Department and inquire as to | the status of the placement evaluation and availability for | admission to such facility operated by the Department by |
| contacting a designated person within the Department. The | Department shall respond to the sheriff within 2 business days | of the notice and inquiry by the sheriff seeking the transfer | and the Department shall provide the sheriff with the status of | the placement evaluation, information on bed and placement | availability, and an estimated date of admission for the | defendant and any changes to that estimated date of admission. | If the Department notifies the sheriff during the 2 business | day period of a facility operated by the Department with | placement availability, the sheriff shall promptly transport | the defendant to that facility.
Individualized placement | evaluations by the Department of Human Services determine the | most appropriate setting for forensic treatment based upon a | number of factors including mental health diagnosis, proximity | to surviving victims, security need, age, gender, and proximity | to family. Upon completion of the placement process the sheriff | shall be notified and
shall transport the defendant to the | designated facility.
| The Department shall provide the Court with a report of its | evaluation
within 30 days of the date of this order. The Court | shall hold a hearing
as provided under the Mental Health and | Developmental Disabilities Code to
determine if the individual | is:
(a)
in need of mental health services on an inpatient | basis; (b) in
need of
mental health services on an outpatient | basis; (c) a person not in
need of
mental health services. The | Court shall enter its findings.
|
| If the defendant is found to be in
need
of mental health | services on an inpatient care basis, the Court shall order the
| defendant to the Department of Human Services.
The defendant | shall be placed in a secure setting. Such
defendants placed in | a secure setting shall not be permitted outside the
facility's | housing unit unless escorted or accompanied by personnel of the
| Department of Human Services or with the prior approval of the | Court for
unsupervised
on-grounds privileges as provided
| herein.
Any defendant placed in a secure setting pursuant to | this Section,
transported to court hearings or other necessary | appointments
off facility grounds
by personnel of
the | Department of Human Services, shall be
placed in security | devices
or otherwise secured during the period of | transportation to assure
secure transport of the defendant and | the safety of Department
of Human Services personnel and | others. These security measures
shall not constitute restraint | as defined in the Mental Health and
Developmental Disabilities | Code.
If the defendant is found to be in need of mental health | services,
but not on an inpatient care basis, the Court shall | conditionally release
the defendant, under such conditions as | set forth in this Section as will
reasonably assure the | defendant's satisfactory progress and participation
in | treatment or
rehabilitation and the safety of the defendant and | others. If the
Court
finds the person not in need of mental | health services, then the Court
shall order the defendant | discharged from custody.
|
| (a-1) Definitions. For the purposes of this Section:
| (A) (Blank).
| (B) "In need of mental health services on an inpatient | basis" means: a
defendant who has been found not guilty by | reason of insanity but who due to mental illness is
| reasonably expected to inflict
serious physical harm upon | himself or another and who would benefit from
inpatient | care or is in need of inpatient care.
| (C) "In need of mental health services on an outpatient | basis" means:
a defendant who has been found not guilty by | reason of insanity who is not in need of mental health | services on
an inpatient basis, but is in need of | outpatient care, drug and/or alcohol
rehabilitation | programs, community adjustment programs, individual, | group,
or family therapy, or chemotherapy.
| (D) "Conditional Release" means: the release from | either the custody
of the Department of Human Services
or | the custody of the Court of a person who has been found not | guilty by
reason of insanity under such conditions as the | Court may impose which
reasonably assure the defendant's | satisfactory progress in
treatment or habilitation and the | safety of the defendant and others. The
Court shall | consider such terms and conditions which may include, but | need
not be limited to, outpatient care, alcoholic and drug | rehabilitation programs,
community adjustment programs, | individual, group, family, and chemotherapy,
random |
| testing to ensure the defendant's timely and continuous | taking of any
medicines prescribed
to control or manage his | or her conduct or mental state, and
periodic checks with | the legal authorities and/or the Department of Human
| Services.
The Court may order as a condition of conditional | release that the
defendant not contact the victim of the | offense that
resulted in the finding or
verdict of not | guilty by reason of insanity or any other person. The Court | may
order the
Department of
Human Services to provide care | to any
person conditionally released under this Section. | The Department may contract
with any public or private | agency in order to discharge any responsibilities
imposed | under this Section. The Department shall monitor the | provision of
services to persons conditionally released | under this Section and provide
periodic reports to the | Court concerning the services and the condition of the
| defendant.
Whenever a person is conditionally released | pursuant to this Section, the
State's Attorney for the | county in which the hearing is held shall designate in
| writing the name, telephone number, and address of a person | employed by him or
her who
shall be notified in the event | that either the reporting agency or the
Department decides | that the conditional release of the defendant should be
| revoked or modified pursuant to subsection (i) of this | Section. Such
conditional release shall be for
a period of | five years. However, the defendant, the person or
facility
|
| rendering the treatment, therapy, program or outpatient | care, the
Department, or the
State's Attorney may petition | the Court for an extension of
the conditional
release | period for an additional 5 years. Upon receipt of such a
| petition, the Court shall hold a hearing consistent with | the provisions of
paragraph (a), this paragraph (a-1),
and | paragraph (f) of this Section, shall determine
whether the | defendant should continue to be subject to the terms of
| conditional release, and shall enter an order either | extending the
defendant's period of conditional release | for an additional
5
year period or discharging the | defendant.
Additional 5-year periods of conditional | release may be ordered following a
hearing as provided in | this Section. However,
in no event shall the defendant's
| period of conditional release continue beyond the maximum | period of
commitment ordered by the Court pursuant to | paragraph (b) of this Section. These provisions for
| extension of conditional release shall only apply to | defendants
conditionally released on or after August 8, | 2003. However the extension
provisions of Public Act | 83-1449 apply only to defendants charged
with a forcible | felony.
| (E) "Facility director" means the chief officer of a | mental health or
developmental disabilities facility or | his or her designee or the supervisor of
a program of | treatment or habilitation or his or her designee. |
| "Designee" may
include a physician, clinical psychologist, | social worker, nurse, or clinical
professional counselor.
| (b) If the Court finds the defendant in need of mental | health services on an
inpatient basis, the
admission, | detention, care, treatment or habilitation, treatment plans,
| review proceedings, including review of treatment and | treatment plans, and
discharge of the defendant after such | order shall be under the
Mental Health and Developmental | Disabilities Code, except that the
initial order for admission | of a defendant acquitted of a felony by
reason of insanity | shall be for an indefinite period of time. Such period
of | commitment shall not exceed the maximum
length of time that the | defendant would have been required to serve,
less credit for | good behavior as provided in Section 5-4-1 of the Unified
Code | of Corrections, before becoming eligible for
release had
he | been convicted of and received the maximum sentence for the | most
serious crime for which he has been acquitted by reason of | insanity. The
Court shall determine the maximum period of | commitment by an appropriate
order. During this period of time, | the defendant shall not be permitted
to be in the community in | any manner, including but not limited to off-grounds
| privileges, with or without escort by personnel of the | Department of Human
Services, unsupervised on-grounds | privileges,
discharge or conditional or temporary release, | except by a plan as provided in
this Section. In no event shall | a defendant's continued unauthorized
absence be a basis for |
| discharge. Not more than 30 days after admission
and every 60 | days thereafter so long as the initial order
remains in effect, | the facility director shall file a treatment plan report
in | writing with the court
and forward a copy of the treatment plan | report to the clerk of the
court, the State's Attorney, and the | defendant's attorney, if the defendant is
represented by | counsel,
or to a person authorized by
the defendant under the
| Mental Health and Developmental Disabilities Confidentiality | Act to be sent a
copy of the report. The report shall include | an opinion
as to whether the
defendant is currently in need of | mental
health services on an inpatient basis or in need of | mental health services
on
an outpatient basis. The report shall | also summarize the basis for those
findings and provide a | current summary of the following items from the
treatment plan: | (1) an assessment of the defendant's treatment needs, (2) a
| description of the services recommended for treatment, (3) the | goals of each
type of element of service, (4) an anticipated | timetable for the accomplishment
of the goals, and (5) a | designation of the qualified professional responsible
for the | implementation of the plan.
The report may also include | unsupervised on-grounds
privileges, off-grounds privileges | (with or without escort by personnel of the
Department of Human | Services), home visits and
participation in work
programs, but | only where such privileges have been approved by specific court
| order, which order may include such conditions on the defendant | as the
Court may deem appropriate and necessary to reasonably |
| assure the defendant's
satisfactory progress in treatment and | the safety of the defendant and others.
| (c) Every defendant acquitted of a felony by reason of | insanity and
subsequently found to be in need of
mental health | services shall be represented by counsel in all proceedings | under
this Section and under the Mental Health and | Developmental Disabilities Code.
| (1) The Court shall appoint as counsel the public | defender or an
attorney licensed by this State.
| (2) Upon filing with the Court of a verified statement | of legal
services rendered by the private attorney | appointed pursuant to
paragraph (1) of this subsection, the | Court shall determine a reasonable
fee for such services. | If the defendant is unable to pay the fee, the
Court shall | enter an order upon the State to pay the entire fee or such
| amount as the defendant is unable to pay from funds | appropriated by the
General Assembly for that purpose.
| (d) When the facility director determines that:
| (1) the defendant is no longer
in need of mental health | services on an inpatient basis; and
| (2) the defendant may be conditionally released | because he
or she is still in need of mental health | services or that the defendant
may be discharged as not in | need of any mental health services; or
| (3) (blank);
| the facility director shall give written notice
to the Court, |
| State's Attorney and defense attorney.
Such notice shall set | forth in detail the basis for the recommendation of
the | facility director, and specify clearly the recommendations, if | any,
of the facility director, concerning conditional release.
| Any recommendation for conditional release shall include an | evaluation of
the defendant's need for psychotropic | medication, what provisions should be
made, if any, to ensure | that the defendant will continue to receive
psychotropic | medication following discharge, and what provisions should be | made
to assure the safety of the defendant and others in the | event the defendant is
no longer receiving psychotropic | medication.
Within 30 days of
the notification by the facility | director, the Court shall set a hearing and
make a finding as | to whether the defendant is:
| (i) (blank); or
| (ii) in need of mental health services in the form of | inpatient care; or
| (iii) in need of mental health services but not subject | to inpatient care;
or
| (iv) no longer in need of mental health services; or
| (v) (blank).
| Upon finding by the Court, the Court shall enter its | findings and such
appropriate order as provided in subsections | (a) and (a-1) of this Section.
| (e) A defendant admitted pursuant to this Section, or any | person on
his behalf, may file a petition for treatment plan |
| review
or discharge or conditional release under the
standards | of this Section in the Court which rendered the verdict. Upon
| receipt of a petition for treatment plan review or discharge or | conditional release, the Court shall set a hearing to
be held | within 120 days. Thereafter, no new petition
may be filed for | 180 days
without leave of the Court.
| (f) The Court shall direct that notice of the time and | place of the
hearing be served upon the defendant, the facility | director, the State's
Attorney, and the defendant's attorney. | If requested by either the State or the
defense or if the Court | feels it is appropriate, an impartial examination
of the | defendant by a psychiatrist or clinical psychologist as defined | in
Section 1-103 of the Mental Health and Developmental | Disabilities Code who
is not in the employ of the Department of | Human Services shall be ordered, and
the report considered at
| the time of the hearing.
| (g) The findings of the Court shall be established by clear | and
convincing evidence. The burden of proof and the burden of | going forth
with the evidence rest with the defendant or any | person on the defendant's
behalf when a hearing is held to | review
a petition filed by or on
behalf of the defendant. The | evidence shall be presented in open
Court
with the right of | confrontation and cross-examination.
Such evidence may | include, but is not limited to:
| (1) whether the defendant appreciates the harm caused | by the defendant to
others and the community by his or her |
| prior
conduct
that resulted in the finding of not guilty by | reason of insanity;
| (2) Whether the person appreciates the criminality of | conduct similar to
the conduct for which he or she was | originally charged in this matter;
| (3) the current state of
the defendant's illness;
| (4) what, if any, medications the defendant is taking | to
control his or her mental illness;
| (5) what, if any, adverse physical side effects
the | medication has on the defendant;
| (6) the length of time it would take for the | defendant's mental health to
deteriorate
if
the
defendant | stopped taking prescribed medication;
| (7) the defendant's history or potential for alcohol | and drug abuse;
| (8) the defendant's past criminal history;
| (9) any specialized physical or medical needs of the | defendant;
| (10) any family participation or involvement expected | upon release and
what is the willingness and ability of the | family to participate or be
involved;
| (11) the defendant's potential to be a danger to | himself, herself, or
others; and
| (12) any other factor or factors the Court deems | appropriate.
| (h) Before the court orders that the defendant be |
| discharged or
conditionally released, it shall order the | facility director to establish a
discharge plan that includes a | plan for the defendant's shelter, support, and
medication. If | appropriate, the court shall order that the facility director
| establish a program to train the defendant in self-medication | under standards
established by the Department of Human | Services.
If the Court finds, consistent with the provisions of | this Section,
that the defendant is no longer in need of mental
| health services it shall order the facility director to | discharge the
defendant. If the Court finds, consistent with | the provisions of this
Section, that the defendant is in need | of mental
health services, and no longer in need of inpatient | care, it shall order
the facility director to release the | defendant under such conditions as the
Court deems appropriate | and as provided by this Section. Such conditional
release shall | be imposed for a period of 5 years as provided in
paragraph
(D) | of subsection (a-1) and shall be
subject
to later modification | by the Court as provided by this Section. If the
Court finds | consistent with the provisions in this Section that the
| defendant is in
need of mental health services on an inpatient | basis, it shall order the
facility director not to discharge or | release the defendant in accordance
with paragraph (b) of this | Section.
| (i) If within the period of the defendant's conditional | release
the State's Attorney determines that the defendant has | not fulfilled the
conditions of his or her release, the State's |
| Attorney may petition the
Court
to
revoke or modify the | conditional release of the defendant. Upon the filing of
such | petition the defendant may be remanded to the custody of the | Department,
or to any other mental health facility designated | by the Department, pending
the resolution of the petition. | Nothing in this Section shall prevent the
emergency admission | of a defendant pursuant to Article VI of Chapter III of the
| Mental Health
and Developmental Disabilities Code or the | voluntary admission of the defendant
pursuant to Article IV of | Chapter III of the Mental Health and Developmental
Disabilities
| Code. If
the Court determines, after hearing evidence, that the | defendant has
not fulfilled the conditions of release, the | Court shall order a hearing
to be held consistent with the | provisions of paragraph (f) and (g) of this
Section. At such | hearing, if the Court finds that the defendant is in need of | mental health services on an inpatient
basis, it shall enter an | order remanding him or her to the Department of
Human Services | or other
facility. If the defendant is remanded to the | Department of Human Services, he
or she shall be placed in
a | secure setting unless the Court
determines that there are | compelling reasons that such placement is not
necessary. If the
| Court finds that the defendant continues to be in need of | mental health
services but not on an inpatient basis, it may | modify the conditions of
the original release in order to | reasonably assure the defendant's satisfactory
progress in | treatment and his or her safety and the safety of others in
|
| accordance with the standards established in paragraph (D) of | subsection (a-1). Nothing in
this Section shall limit a Court's | contempt powers or any other powers of a
Court.
| (j) An order of admission under this Section does not | affect the
remedy of habeas corpus.
| (k) In the event of a conflict between this Section and the | Mental Health
and Developmental Disabilities Code or the Mental | Health and Developmental
Disabilities Confidentiality Act, the | provisions of this Section shall govern.
| (l) This amendatory Act shall apply to all persons who have | been found
not guilty by reason of insanity and who are | presently committed to the
Department of Mental Health and | Developmental Disabilities (now the
Department of Human | Services).
| (m)
The Clerk of the Court shall transmit a certified copy | of the order of
discharge or conditional release to the | Department of Human Services, to the sheriff of the county from | which the defendant was admitted, to the Illinois Department of | State Police, to
the proper law enforcement agency for the | municipality
where the offense took
place, and to the sheriff | of the county into which the defendant is
conditionally | discharged. The Illinois Department of State Police shall
| maintain a
centralized record of discharged or conditionally | released defendants while
they are under court supervision for | access and use of appropriate law
enforcement agencies.
| (Source: P.A. 98-1025, eff. 8-22-14.)
|
Effective Date: 1/1/2018
|
|
|