Public Act 097-1020
 
SB2559 EnrolledLRB097 14462 RLC 59314 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 Department of Human Services Act is amended
by adding Section 1-60 as follows:
 
    (20 ILCS 1305/1-60 new)
    Sec. 1-60. Pilot study. The Department of Human Services
shall prepare 2 reports on the impact of the provisions of
subsection (c) of Section 104-18 of the Code of Criminal
Procedure of 1963. A preliminary report shall be prepared and
submitted to the Governor and the General Assembly by November
1, 2012. A final report shall be prepared and submitted to the
Governor and the General Assembly by October 1, 2013. Each
report shall be posted on the Department's website within a
week of its submission. Each report shall discuss the number of
admissions during the reporting period, any delay in
admissions, the number of persons returned to the county under
the provisions of subsection (c) of Section 104-18 of the Code
of Criminal Procedure of 1963, and any issues the county
sheriffs or other county officials are having with the returns.
Each report shall include a recommendation from the Department
of Human Services and one from an association representing
Illinois sheriffs whether to continue the pilot study. If
either report indicates that there are serious deleterious
effects from the provisions of subsection (c) of Section 104-18
of the Code of Criminal Procedure of 1963 or that the
provisions of subsection (c) of Section 104-18 of the Code of
Criminal Procedure of 1963 are not producing adequate results,
the General Assembly may take necessary steps to eliminate the
provisions of subsection (c) of Section 104-18 of the Code of
Criminal Procedure of 1963 prior to January 1, 2014.
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 104-18 as follows:
 
    (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 one year 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 one year 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 court for the return of the defendant to the county jail
before the time frame specified in subsection (a) of Section
104-20. This subsection (c) is inoperative on and after January
1, 2014.
(Source: P.A. 81-1217.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2012