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| Public Act 096-0310 |
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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 | ||||
amended by changing Section 104-17 as follows:
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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Sec. 104-17. Commitment for Treatment; Treatment Plan.
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(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.
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(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 defendant
is placed | ||||
in the custody of the Department of Human Services, the | ||||
defendant shall be placed in a
secure setting unless the
court | ||||
determines that
there are compelling reasons why such placement | ||||
is not necessary. During
the period of time required to | ||||
determine the appropriate placement the
defendant shall remain | ||||
in jail. If 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 Upon | ||
completion of the placement process, the
sheriff shall be | ||
notified and shall transport the defendant to the designated
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facility. The placement may be ordered either on an inpatient | ||
or an outpatient
basis.
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(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.
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(d) The clerk of the circuit court shall transmit to the | ||
Department, agency
or institution, if any, to which the | ||
defendant is remanded for treatment, the
following:
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(1) a certified copy of the order to undergo treatment;
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(2) the county and municipality in which the offense | ||
was committed;
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(3) the county and municipality in which the arrest | ||
took place; | ||
(4) a copy of the arrest report, criminal charges, | ||
arrest record, jail record, and the report prepared under | ||
Section 104-15; and
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(5) all additional matters which the Court directs the | ||
clerk to transmit.
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(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 one year from the date of the | ||
finding of unfitness. If the report indicates
that there is a | ||
substantial probability that the defendant will attain fitness
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within the time period, the treatment supervisor shall also | ||
file a treatment
plan which shall include:
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(1) A diagnosis of the defendant's disability;
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(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;
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(3) An identification of the person in charge of | ||
supervising the
defendant's
treatment.
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(Source: P.A. 95-296, eff. 8-20-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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