98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2800

 

Introduced 1/30/2014, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1305/1-60
725 ILCS 5/104-18  from Ch. 38, par. 104-18

    Amends the Code of Criminal Procedure of 1963 and the Department of Human Services Act. Reinstates the return of a defendant to the county jail before the court hearing to reexamine the defendant's fitness to stand trial once the supervisor of the defendant's treatment submits his or her report to the court. Requires the Department of Human Services to prepare a report on the impact of the reinstated provision to the Governor and the General Assembly on or before January 2, 2016. Effective immediately.


LRB098 17631 MRW 52744 b

 

 

A BILL FOR

 

SB2800LRB098 17631 MRW 52744 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Section 1-60 as follows:
 
6    (20 ILCS 1305/1-60)
7    Sec. 1-60. Pilot study. The Department of Human Services
8shall prepare 2 reports on the impact of the provisions of
9subsection (c) of Section 104-18 of the Code of Criminal
10Procedure of 1963. A preliminary report shall be prepared and
11submitted to the Governor and the General Assembly by November
121, 2012. A final report shall be prepared and submitted to the
13Governor and the General Assembly by October 1, 2013. The
14Department of Human Services shall prepare a report on the
15impact, after January 1, 2014, of the provisions of subsection
16(c) of Section 104-18 of the Code of Criminal Procedure of
171963. The report shall be prepared and submitted to the
18Governor and the General Assembly on or before January 2, 2016.
19Each report shall be posted on the Department's website within
20a week of its submission. Each report shall discuss the number
21of admissions during the reporting period, any delay in
22admissions, the number of persons returned to the county under
23the provisions of subsection (c) of Section 104-18 of the Code

 

 

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1of Criminal Procedure of 1963, and any issues the county
2sheriffs or other county officials are having with the returns.
3Each report shall include a recommendation from the Department
4of Human Services and one from an association representing
5Illinois sheriffs whether to continue the pilot study. If
6either report indicates that there are serious deleterious
7effects from the provisions of subsection (c) of Section 104-18
8of the Code of Criminal Procedure of 1963 or that the
9provisions of subsection (c) of Section 104-18 of the Code of
10Criminal Procedure of 1963 are not producing adequate results,
11the General Assembly may take necessary steps to eliminate the
12provisions of subsection (c) of Section 104-18 of the Code of
13Criminal Procedure of 1963 prior to January 1, 2014.
14(Source: P.A. 97-1020, eff. 8-17-12.)
 
15    Section 10. The Code of Criminal Procedure of 1963 is
16amended by changing Section 104-18 as follows:
 
17    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
18    Sec. 104-18. Progress Reports.)
19    (a) The treatment supervisor shall submit a written
20progress report to the court, the State, and the defense:
21        (1) At least 7 days prior to the date for any hearing
22    on the issue of the defendant's fitness;
23        (2) Whenever he believes that the defendant has
24    attained fitness;

 

 

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1        (3) Whenever he believes that there is not a
2    substantial probability that the defendant will attain
3    fitness, with treatment, within one year from the date of
4    the original finding of unfitness.
5    (b) The progress report shall contain:
6        (1) The clinical findings of the treatment supervisor
7    and the facts upon which the findings are based;
8        (2) The opinion of the treatment supervisor as to
9    whether the defendant has attained fitness or as to whether
10    the defendant is making progress, under treatment, toward
11    attaining fitness within one year from the date of the
12    original finding of unfitness;
13        (3) If the defendant is receiving medication,
14    information from the prescribing physician indicating the
15    type, the dosage and the effect of the medication on the
16    defendant's appearance, actions and demeanor.
17    (c) Whenever the court is sent a report from the supervisor
18of the defendant's treatment under paragraph (2) of subsection
19(a) of this Section, the treatment provider shall arrange with
20the court for the return of the defendant to the county jail
21before the time frame specified in subsection (a) of Section
22104-20 of this Code. This subsection (c) is inoperative on and
23after January 1, 2014.
24(Source: P.A. 97-1020, eff. 8-17-12.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.