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Public Act 097-0037
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| SB0074 Enrolled | LRB097 02739 RLC 42760 b |
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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 104-20 as follows:
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(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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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
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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 21 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:
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(1) Whether the defendant is fit to stand trial or to |
plead; and if not,
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(2) Whether the defendant is making progress under |
treatment toward attainment
of fitness within one year from |
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the date of the original finding
of unfitness.
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(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
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it deems appropriate for the continued care or treatment of the |
defendant
by the facility or program pending the conclusion of |
the criminal proceedings.
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(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.
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(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 one year 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.
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(Source: P.A. 94-191, eff. 7-12-05.)
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Section 99. Effective date. This Act takes effect upon |