Public Act 097-0037
 
SB0074 EnrolledLRB097 02739 RLC 42760 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 Section 104-20 as follows:
 
    (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 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:
        (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 one year 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 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.
(Source: P.A. 94-191, eff. 7-12-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/28/2011