Illinois General Assembly - Bill Status for HB 649

Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Provides that if the court orders the defendant placed in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 7 days of the entry of the placement order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. Provides that if, within 7 days of the entry of the placement order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department that the defendant will be transported to the nearest secure mental health facility operated by the Department unless, within 24 hours of receiving the notice, the Department notifies the sheriff that the defendant should be transported to another facility. Provides that if, during this 24-hour period the Department notifies the sheriff of another facility, the sheriff shall transport the defendant to that facility. If the notice is not received, the sheriff shall transport the defendant to the nearest secure mental health facility operated by the Department.

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Reinserts the provisions of the introduced bill with the following changes: provides that: (1) if, within 20 days of the transmittal by the clerk of the circuit court of the placement order, the Department of Human Services fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities; (2) if, within 20 days of the transmittal by the clerk of the circuit court of the placement order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the evaluation and availability for placement in such facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission; (3) if the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility; and (4) whenever the court receives a report from the supervisor of the defendant's treatment that the defendant is fit, the court shall immediately enter an order directing the sheriff to return the defendant to the county jail and set the matter for trial; at any time the issue of the defendant's fitness can be raised again under the Code.

Date	Chamber	Action
8/4/2017	House	Public Act . . . . . . . . . 100-0027

Date	Chamber	Action
1/24/2017	House	Filed with the Clerk by Rep. Arthur Turner
1/25/2017	House	First Reading
1/25/2017	House	Referred to Rules Committee
2/8/2017	House	Assigned to Judiciary - Criminal Committee
2/8/2017	House	Added Chief Co-Sponsor Rep. Litesa E. Wallace
3/24/2017	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
3/24/2017	House	House Committee Amendment No. 1 Referred to Rules Committee
3/27/2017	House	House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
3/28/2017	House	House Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
3/28/2017	House	Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
3/29/2017	House	Placed on Calendar 2nd Reading - Short Debate
3/29/2017	House	House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
3/29/2017	House	Added Co-Sponsor Rep. Carol Ammons
4/4/2017	House	House Committee Amendment No. 1 Fiscal Note Filed as Amended
4/6/2017	House	Added Co-Sponsor Rep. Christian L. Mitchell
4/6/2017	House	Added Co-Sponsor Rep. Laura Fine
4/21/2017	House	Added Co-Sponsor Rep. Tom Demmer
4/24/2017	House	Second Reading - Short Debate
4/24/2017	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/25/2017	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
4/25/2017	House	House Floor Amendment No. 2 Referred to Rules Committee
4/26/2017	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
4/28/2017	House	Recalled to Second Reading - Short Debate
4/28/2017	House	House Floor Amendment No. 2 Adopted
4/28/2017	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/28/2017	House	Third Reading - Short Debate - Passed 110-000-000
5/2/2017	Senate	Arrive in Senate
5/2/2017	Senate	Placed on Calendar Order of First Reading
5/2/2017	Senate	Chief Senate Sponsor Sen. Bill Cunningham
5/2/2017	Senate	First Reading
5/2/2017	Senate	Referred to Assignments
5/5/2017	Senate	Assigned to Criminal Law
5/12/2017	Senate	Rule 2-10 Committee Deadline Established As May 19, 2017
5/19/2017	Senate	Do Pass Criminal Law; 010-000-000
5/19/2017	Senate	Placed on Calendar Order of 2nd Reading May 22, 2017
5/23/2017	Senate	Second Reading
5/23/2017	Senate	Placed on Calendar Order of 3rd Reading May 24, 2017
5/26/2017	Senate	Rule 2-10 Third Reading Deadline Established As May 31, 2017
5/29/2017	Senate	Added as Alternate Co-Sponsor Sen. Mattie Hunter
5/29/2017	Senate	Third Reading - Passed; 055-000-000
5/29/2017	House	Passed Both Houses
6/27/2017	House	Sent to the Governor
8/4/2017	House	Governor Approved
8/4/2017	House	Effective Date January 1, 2018
8/4/2017	House	Public Act . . . . . . . . . 100-0027

	Adds reference to:
	725 ILCS 5/104-18	from Ch. 38, par. 104-18

	Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services)
	The Department of Human Services Division of Mental Health expects this legislation to be fiscally neutral. A fit defendant would be exchanged with a defendant that was unfit.