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| | HB0649 Engrossed | | LRB100 06743 RLC 16784 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Sections 104-17, 104-18, and 104-20 as |
6 | | follows:
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7 | | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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8 | | Sec. 104-17. Commitment for Treatment; Treatment Plan.
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9 | | (a) If the defendant
is eligible to be or has been released |
10 | | on bail or on his own recognizance,
the court shall select the |
11 | | least physically restrictive form of treatment
therapeutically |
12 | | appropriate and consistent with the treatment plan. The |
13 | | placement may be ordered either on an inpatient or an |
14 | | outpatient basis.
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15 | | (b) If the defendant's disability is mental, the court may |
16 | | order him placed
for treatment in the custody of the Department |
17 | | of Human Services, or the court may order him placed in
the |
18 | | custody of any other
appropriate public or private mental |
19 | | health facility or treatment program
which has agreed to |
20 | | provide treatment to the defendant. If the court orders the |
21 | | defendant placed in the custody of the Department of Human |
22 | | Services, the Department shall evaluate the defendant to |
23 | | determine to which secure facility the defendant shall be |
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1 | | transported and, within 20 days of the transmittal by the clerk |
2 | | of the circuit court of the placement court order, notify the |
3 | | sheriff of the designated facility. Upon receipt of that |
4 | | notice, the sheriff shall promptly transport the defendant to |
5 | | the designated facility. If the defendant
is placed in the |
6 | | custody of the Department of Human Services, the defendant |
7 | | shall be placed in a
secure setting. During
the period of time |
8 | | required to determine the appropriate placement the
defendant |
9 | | shall remain in jail. If during the course of evaluating the |
10 | | defendant for placement, upon the completion of the placement |
11 | | process the Department of Human Services determines that the |
12 | | defendant is currently fit to stand trial, it shall immediately |
13 | | notify the court and shall submit a written report within 7 |
14 | | days. In that circumstance the placement shall be held pending |
15 | | a court hearing on the Department's report. Otherwise, upon |
16 | | completion of the placement process, the
sheriff shall be |
17 | | notified and shall transport the defendant to the designated
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18 | | facility. If, within 20 days of the transmittal by the clerk of |
19 | | the circuit court of the placement court order, the Department |
20 | | fails to notify the sheriff of the identity of the facility to |
21 | | which the defendant shall be transported, the sheriff shall |
22 | | contact a designated person within the Department to inquire |
23 | | about when a placement will become available at the designated |
24 | | facility and bed availability at other facilities. If, within
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25 | | 20 days of the transmittal by the clerk of the circuit court of |
26 | | the placement court order, the Department
fails to notify the |
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1 | | sheriff of the identity of the facility to
which the defendant |
2 | | shall be transported, the sheriff shall
notify the Department |
3 | | of its intent to transfer the defendant to the nearest secure |
4 | | mental health facility operated by the Department and inquire |
5 | | as to the status of the placement evaluation and availability |
6 | | for admission to such facility operated by the Department by |
7 | | contacting a designated person within the Department. The |
8 | | Department shall respond to the sheriff within 2 business days |
9 | | of the notice and inquiry by the sheriff seeking the transfer |
10 | | and the Department shall provide the sheriff with the status of |
11 | | the evaluation, information on bed and placement availability, |
12 | | and an estimated date of admission for the defendant and any |
13 | | changes to that estimated date of admission. If the Department |
14 | | notifies the sheriff during the 2 business day period of a |
15 | | facility operated by the Department with placement |
16 | | availability, the sheriff shall promptly transport the |
17 | | defendant to that facility. The placement may be ordered either |
18 | | on an inpatient or an outpatient
basis.
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19 | | (c) If the defendant's disability is physical, the court |
20 | | may order him
placed under the supervision of the Department of |
21 | | Human
Services
which shall place and maintain the defendant in |
22 | | a suitable treatment facility
or program, or the court may |
23 | | order him placed in an appropriate public or
private facility |
24 | | or treatment program which has agreed to provide treatment
to |
25 | | the defendant. The placement may be ordered either on an |
26 | | inpatient or
an outpatient basis.
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1 | | (d) The clerk of the circuit court shall within 5 days of |
2 | | the entry of the order transmit to the Department, agency
or |
3 | | institution, if any, to which the defendant is remanded for |
4 | | treatment, the
following:
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5 | | (1) a certified copy of the order to undergo treatment. |
6 | | Accompanying the certified copy of the order to undergo |
7 | | treatment shall be the complete copy of any report prepared |
8 | | under Section 104-15 of this Code or other report prepared |
9 | | by a forensic examiner for the court;
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10 | | (2) the county and municipality in which the offense |
11 | | was committed;
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12 | | (3) the county and municipality in which the arrest |
13 | | took place; |
14 | | (4) a copy of the arrest report, criminal charges, |
15 | | arrest record; and
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16 | | (5) all additional matters which the Court directs the |
17 | | clerk to transmit.
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18 | | (e) Within 30 days of entry of an order to undergo |
19 | | treatment, the person
supervising the defendant's treatment |
20 | | shall file with the court, the State,
and the defense a report |
21 | | assessing the facility's or program's capacity
to provide |
22 | | appropriate treatment for the defendant and indicating his |
23 | | opinion
as to the probability of the defendant's attaining |
24 | | fitness within a period
of time from the date of the finding of |
25 | | unfitness. For a defendant charged with a felony, the period of |
26 | | time shall be one year. For a defendant charged with a |
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1 | | misdemeanor, the period of time shall be no longer than the |
2 | | sentence if convicted of the most serious offense. If the |
3 | | report indicates
that there is a substantial probability that |
4 | | the defendant will attain fitness
within the time period, the |
5 | | treatment supervisor shall also file a treatment
plan which |
6 | | shall include:
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7 | | (1) A diagnosis of the defendant's disability;
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8 | | (2) A description of treatment goals with respect to |
9 | | rendering the
defendant
fit, a specification of the |
10 | | proposed treatment modalities, and an estimated
timetable |
11 | | for attainment of the goals;
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12 | | (3) An identification of the person in charge of |
13 | | supervising the
defendant's
treatment.
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14 | | (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
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15 | | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
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16 | | Sec. 104-18. Progress Reports. |
17 | | (a) The treatment supervisor shall submit
a written |
18 | | progress report to the court, the State, and the defense:
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19 | | (1) At least 7 days prior to the date for any hearing |
20 | | on the issue of
the defendant's fitness;
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21 | | (2) Whenever he believes that the defendant has |
22 | | attained fitness;
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23 | | (3) Whenever he believes that there is not a |
24 | | substantial probability that
the defendant will attain |
25 | | fitness, with treatment, within the time period set in |
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1 | | subsection (e) of Section 104-17 of this Code from
the date |
2 | | of the original finding of unfitness.
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3 | | (b) The progress report shall contain:
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4 | | (1) The clinical findings of the treatment supervisor |
5 | | and the facts upon
which the findings are based;
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6 | | (2) The opinion of the treatment supervisor as to |
7 | | whether the defendant
has attained fitness or as to whether |
8 | | the defendant is making progress,
under treatment, toward |
9 | | attaining fitness within the time period set in subsection |
10 | | (e) of Section 104-17 of this Code from the date
of the |
11 | | original finding of unfitness;
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12 | | (3) If the defendant is receiving medication, |
13 | | information from the prescribing
physician indicating the |
14 | | type, the dosage and the effect of the medication
on the |
15 | | defendant's appearance, actions and demeanor.
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16 | | (c) Whenever the court is sent a report from the supervisor |
17 | | of the defendant's treatment under paragraph (2) of subsection |
18 | | (a) of this Section, the treatment provider shall arrange with |
19 | | the county jail court for the immediate return of the defendant |
20 | | to the county jail under subsection (e) before the time frame |
21 | | specified in subsection (a) of Section 104-20 of this Code. |
22 | | (Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14; |
23 | | 99-78, eff. 7-20-15.)
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24 | | (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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25 | | Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) |
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1 | | (a) Upon entry
or continuation of any order to undergo |
2 | | treatment, the court shall set a
date for hearing to reexamine |
3 | | the issue of the defendant's fitness not more
than 90 days |
4 | | thereafter. In addition, whenever the court receives a report
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5 | | from the supervisor of the defendant's treatment pursuant to |
6 | | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the |
7 | | court shall forthwith
set the matter for a first hearing within |
8 | | 14 days unless good cause is demonstrated why the hearing |
9 | | cannot be held. On the date set or upon conclusion of the |
10 | | matter
then pending before it, the court, sitting without a |
11 | | jury, shall conduct
a hearing, unless waived by the defense, |
12 | | and shall determine:
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13 | | (1) Whether the defendant is fit to stand trial or to |
14 | | plead; and if not,
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15 | | (2) Whether the defendant is making progress under |
16 | | treatment toward attainment
of fitness within the time |
17 | | period set in subsection (e) of Section 104-17 of this Code |
18 | | from the date of the original finding
of unfitness.
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19 | | (b) If the court finds the defendant to be fit pursuant to |
20 | | this Section,
the court shall set the matter for trial; |
21 | | provided that if the defendant
is in need of continued care or |
22 | | treatment and the supervisor of the defendant's
treatment |
23 | | agrees to continue to provide it, the court may enter any order
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24 | | it deems appropriate for the continued care or treatment of the |
25 | | defendant
by the facility or program pending the conclusion of |
26 | | the criminal proceedings.
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1 | | (c) If the court finds that the defendant is still unfit |
2 | | but that he is
making progress toward attaining fitness, the |
3 | | court may continue or modify
its original treatment order |
4 | | entered pursuant to Section 104-17.
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5 | | (d) If the court finds that the defendant is still unfit |
6 | | and that he is
not making progress toward attaining fitness |
7 | | such that there is not a
substantial probability that he will |
8 | | attain fitness within the time period set in subsection (e) of |
9 | | Section 104-17 of this Code from
the date of the original |
10 | | finding of unfitness, the court shall proceed pursuant
to |
11 | | Section 104-23. However, if the defendant is in need of |
12 | | continued care
and treatment and the supervisor of the |
13 | | defendant's treatment agrees to
continue to provide it, the |
14 | | court may enter any order it deems appropriate
for the |
15 | | continued care or treatment by the facility or program pending |
16 | | the
conclusion of the criminal proceedings.
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17 | | (e) Whenever the court receives a report from the |
18 | | supervisor of the defendant's treatment under paragraph (2) of |
19 | | subsection (a) of Section 104-18 of this Code, the court shall |
20 | | immediately enter an order directing the sheriff to return the |
21 | | defendant to the county jail and set the matter for trial. At |
22 | | any time the issue of the defendant's fitness can be raised |
23 | | again under Section 104-11 of this Code. If the court finds |
24 | | that the defendant is still unfit after being recommended as |
25 | | fit by the supervisor of the defendant's treatment, the court |
26 | | shall attach a copy of any written report that identifies the |
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1 | | factors in the finding that the defendant continues to be |
2 | | unfit, prepared by a licensed physician, clinical |
3 | | psychologist, or psychiatrist, to the court order remanding the |
4 | | person for further treatment. |
5 | | (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
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6 | | Section 10. The Unified Code of Corrections is amended by |
7 | | changing Section 5-2-4 as follows:
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8 | | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
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9 | | Sec. 5-2-4. Proceedings after Acquittal by Reason of |
10 | | Insanity.
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11 | | (a) After a finding or verdict of not guilty by reason of |
12 | | insanity
under Sections 104-25, 115-3 or 115-4 of the Code of |
13 | | Criminal Procedure
of 1963, the defendant shall be ordered to |
14 | | the Department of Human Services for
an evaluation as to
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15 | | whether he is in need of mental health
services. The order
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16 | | shall specify whether the evaluation shall be conducted on an |
17 | | inpatient or
outpatient basis. If the evaluation is to be |
18 | | conducted on an inpatient
basis, the defendant shall be placed |
19 | | in a secure setting. With the court order for evaluation shall |
20 | | be sent a copy of the arrest report, criminal charges, arrest |
21 | | record, jail record, any report prepared under Section 115-6 of |
22 | | the Code of Criminal Procedure of 1963, and any victim impact |
23 | | statement prepared under Section 6 of the Rights of Crime |
24 | | Victims and Witnesses Act. The clerk of the circuit court shall |
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1 | | transmit this information to the Department within 5 days. If |
2 | | the court orders that the evaluation be done on an inpatient |
3 | | basis, the Department shall evaluate the defendant to determine |
4 | | to which secure facility the defendant shall be transported |
5 | | and, within 20 days of the transmittal by the clerk of the |
6 | | circuit court of the placement court order, notify the sheriff |
7 | | of the designated facility. Upon receipt of that notice, the |
8 | | sheriff shall promptly transport the defendant to the |
9 | | designated facility. During
After the evaluation and during the |
10 | | period of time required to
determine the appropriate placement, |
11 | | the defendant shall
remain in jail. If, within 20 days of the |
12 | | transmittal by the clerk of the circuit court of the placement |
13 | | court order, the Department fails to notify the sheriff of the |
14 | | identity of the facility to which the defendant shall be |
15 | | transported, the sheriff shall contact a designated person |
16 | | within the Department to inquire about when a placement will |
17 | | become available at the designated facility and bed |
18 | | availability at other facilities. If, within
20 days of the |
19 | | transmittal by the clerk of the circuit court of the placement |
20 | | court order, the Department
fails to notify the sheriff of the |
21 | | identity of the facility to
which the defendant shall be |
22 | | transported, the sheriff shall
notify the Department of its |
23 | | intent to transfer the defendant to the nearest secure mental |
24 | | health facility operated by the Department and inquire as to |
25 | | the status of the placement evaluation and availability for |
26 | | admission to such facility operated by the Department by |
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1 | | contacting a designated person within the Department. The |
2 | | Department shall respond to the sheriff within 2 business days |
3 | | of the notice and inquiry by the sheriff seeking the transfer |
4 | | and the Department shall provide the sheriff with the status of |
5 | | the placement evaluation, information on bed and placement |
6 | | availability, and an estimated date of admission for the |
7 | | defendant and any changes to that estimated date of admission. |
8 | | If the Department notifies the sheriff during the 2 business |
9 | | day period of a facility operated by the Department with |
10 | | placement availability, the sheriff shall promptly transport |
11 | | the defendant to that facility.
Individualized placement |
12 | | evaluations by the Department of Human Services determine the |
13 | | most appropriate setting for forensic treatment based upon a |
14 | | number of factors including mental health diagnosis, proximity |
15 | | to surviving victims, security need, age, gender, and proximity |
16 | | to family. Upon completion of the placement process the sheriff |
17 | | shall be notified and
shall transport the defendant to the |
18 | | designated facility.
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19 | | The Department shall provide the Court with a report of its |
20 | | evaluation
within 30 days of the date of this order. The Court |
21 | | shall hold a hearing
as provided under the Mental Health and |
22 | | Developmental Disabilities Code to
determine if the individual |
23 | | is:
(a)
in need of mental health services on an inpatient |
24 | | basis; (b) in
need of
mental health services on an outpatient |
25 | | basis; (c) a person not in
need of
mental health services. The |
26 | | Court shall enter its findings.
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1 | | If the defendant is found to be in
need
of mental health |
2 | | services on an inpatient care basis, the Court shall order the
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3 | | defendant to the Department of Human Services.
The defendant |
4 | | shall be placed in a secure setting. Such
defendants placed in |
5 | | a secure setting shall not be permitted outside the
facility's |
6 | | housing unit unless escorted or accompanied by personnel of the
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7 | | Department of Human Services or with the prior approval of the |
8 | | Court for
unsupervised
on-grounds privileges as provided
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9 | | herein.
Any defendant placed in a secure setting pursuant to |
10 | | this Section,
transported to court hearings or other necessary |
11 | | appointments
off facility grounds
by personnel of
the |
12 | | Department of Human Services, shall be
placed in security |
13 | | devices
or otherwise secured during the period of |
14 | | transportation to assure
secure transport of the defendant and |
15 | | the safety of Department
of Human Services personnel and |
16 | | others. These security measures
shall not constitute restraint |
17 | | as defined in the Mental Health and
Developmental Disabilities |
18 | | Code.
If the defendant is found to be in need of mental health |
19 | | services,
but not on an inpatient care basis, the Court shall |
20 | | conditionally release
the defendant, under such conditions as |
21 | | set forth in this Section as will
reasonably assure the |
22 | | defendant's satisfactory progress and participation
in |
23 | | treatment or
rehabilitation and the safety of the defendant and |
24 | | others. If the
Court
finds the person not in need of mental |
25 | | health services, then the Court
shall order the defendant |
26 | | discharged from custody.
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1 | | (a-1) Definitions. For the purposes of this Section:
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2 | | (A) (Blank).
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3 | | (B) "In need of mental health services on an inpatient |
4 | | basis" means: a
defendant who has been found not guilty by |
5 | | reason of insanity but who due to mental illness is
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6 | | reasonably expected to inflict
serious physical harm upon |
7 | | himself or another and who would benefit from
inpatient |
8 | | care or is in need of inpatient care.
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9 | | (C) "In need of mental health services on an outpatient |
10 | | basis" means:
a defendant who has been found not guilty by |
11 | | reason of insanity who is not in need of mental health |
12 | | services on
an inpatient basis, but is in need of |
13 | | outpatient care, drug and/or alcohol
rehabilitation |
14 | | programs, community adjustment programs, individual, |
15 | | group,
or family therapy, or chemotherapy.
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16 | | (D) "Conditional Release" means: the release from |
17 | | either the custody
of the Department of Human Services
or |
18 | | the custody of the Court of a person who has been found not |
19 | | guilty by
reason of insanity under such conditions as the |
20 | | Court may impose which
reasonably assure the defendant's |
21 | | satisfactory progress in
treatment or habilitation and the |
22 | | safety of the defendant and others. The
Court shall |
23 | | consider such terms and conditions which may include, but |
24 | | need
not be limited to, outpatient care, alcoholic and drug |
25 | | rehabilitation programs,
community adjustment programs, |
26 | | individual, group, family, and chemotherapy,
random |
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1 | | testing to ensure the defendant's timely and continuous |
2 | | taking of any
medicines prescribed
to control or manage his |
3 | | or her conduct or mental state, and
periodic checks with |
4 | | the legal authorities and/or the Department of Human
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5 | | Services.
The Court may order as a condition of conditional |
6 | | release that the
defendant not contact the victim of the |
7 | | offense that
resulted in the finding or
verdict of not |
8 | | guilty by reason of insanity or any other person. The Court |
9 | | may
order the
Department of
Human Services to provide care |
10 | | to any
person conditionally released under this Section. |
11 | | The Department may contract
with any public or private |
12 | | agency in order to discharge any responsibilities
imposed |
13 | | under this Section. The Department shall monitor the |
14 | | provision of
services to persons conditionally released |
15 | | under this Section and provide
periodic reports to the |
16 | | Court concerning the services and the condition of the
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17 | | defendant.
Whenever a person is conditionally released |
18 | | pursuant to this Section, the
State's Attorney for the |
19 | | county in which the hearing is held shall designate in
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20 | | writing the name, telephone number, and address of a person |
21 | | employed by him or
her who
shall be notified in the event |
22 | | that either the reporting agency or the
Department decides |
23 | | that the conditional release of the defendant should be
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24 | | revoked or modified pursuant to subsection (i) of this |
25 | | Section. Such
conditional release shall be for
a period of |
26 | | five years. However, the defendant, the person or
facility
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1 | | rendering the treatment, therapy, program or outpatient |
2 | | care, the
Department, or the
State's Attorney may petition |
3 | | the Court for an extension of
the conditional
release |
4 | | period for an additional 5 years. Upon receipt of such a
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5 | | petition, the Court shall hold a hearing consistent with |
6 | | the provisions of
paragraph (a), this paragraph (a-1),
and |
7 | | paragraph (f) of this Section, shall determine
whether the |
8 | | defendant should continue to be subject to the terms of
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9 | | conditional release, and shall enter an order either |
10 | | extending the
defendant's period of conditional release |
11 | | for an additional
5
year period or discharging the |
12 | | defendant.
Additional 5-year periods of conditional |
13 | | release may be ordered following a
hearing as provided in |
14 | | this Section. However,
in no event shall the defendant's
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15 | | period of conditional release continue beyond the maximum |
16 | | period of
commitment ordered by the Court pursuant to |
17 | | paragraph (b) of this Section. These provisions for
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18 | | extension of conditional release shall only apply to |
19 | | defendants
conditionally released on or after August 8, |
20 | | 2003. However the extension
provisions of Public Act |
21 | | 83-1449 apply only to defendants charged
with a forcible |
22 | | felony.
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23 | | (E) "Facility director" means the chief officer of a |
24 | | mental health or
developmental disabilities facility or |
25 | | his or her designee or the supervisor of
a program of |
26 | | treatment or habilitation or his or her designee. |
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1 | | "Designee" may
include a physician, clinical psychologist, |
2 | | social worker, nurse, or clinical
professional counselor.
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3 | | (b) If the Court finds the defendant in need of mental |
4 | | health services on an
inpatient basis, the
admission, |
5 | | detention, care, treatment or habilitation, treatment plans,
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6 | | review proceedings, including review of treatment and |
7 | | treatment plans, and
discharge of the defendant after such |
8 | | order shall be under the
Mental Health and Developmental |
9 | | Disabilities Code, except that the
initial order for admission |
10 | | of a defendant acquitted of a felony by
reason of insanity |
11 | | shall be for an indefinite period of time. Such period
of |
12 | | commitment shall not exceed the maximum
length of time that the |
13 | | defendant would have been required to serve,
less credit for |
14 | | good behavior as provided in Section 5-4-1 of the Unified
Code |
15 | | of Corrections, before becoming eligible for
release had
he |
16 | | been convicted of and received the maximum sentence for the |
17 | | most
serious crime for which he has been acquitted by reason of |
18 | | insanity. The
Court shall determine the maximum period of |
19 | | commitment by an appropriate
order. During this period of time, |
20 | | the defendant shall not be permitted
to be in the community in |
21 | | any manner, including but not limited to off-grounds
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22 | | privileges, with or without escort by personnel of the |
23 | | Department of Human
Services, unsupervised on-grounds |
24 | | privileges,
discharge or conditional or temporary release, |
25 | | except by a plan as provided in
this Section. In no event shall |
26 | | a defendant's continued unauthorized
absence be a basis for |
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1 | | discharge. Not more than 30 days after admission
and every 60 |
2 | | days thereafter so long as the initial order
remains in effect, |
3 | | the facility director shall file a treatment plan report
in |
4 | | writing with the court
and forward a copy of the treatment plan |
5 | | report to the clerk of the
court, the State's Attorney, and the |
6 | | defendant's attorney, if the defendant is
represented by |
7 | | counsel,
or to a person authorized by
the defendant under the
|
8 | | Mental Health and Developmental Disabilities Confidentiality |
9 | | Act to be sent a
copy of the report. The report shall include |
10 | | an opinion
as to whether the
defendant is currently in need of |
11 | | mental
health services on an inpatient basis or in need of |
12 | | mental health services
on
an outpatient basis. The report shall |
13 | | also summarize the basis for those
findings and provide a |
14 | | current summary of the following items from the
treatment plan: |
15 | | (1) an assessment of the defendant's treatment needs, (2) a
|
16 | | description of the services recommended for treatment, (3) the |
17 | | goals of each
type of element of service, (4) an anticipated |
18 | | timetable for the accomplishment
of the goals, and (5) a |
19 | | designation of the qualified professional responsible
for the |
20 | | implementation of the plan.
The report may also include |
21 | | unsupervised on-grounds
privileges, off-grounds privileges |
22 | | (with or without escort by personnel of the
Department of Human |
23 | | Services), home visits and
participation in work
programs, but |
24 | | only where such privileges have been approved by specific court
|
25 | | order, which order may include such conditions on the defendant |
26 | | as the
Court may deem appropriate and necessary to reasonably |
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1 | | assure the defendant's
satisfactory progress in treatment and |
2 | | the safety of the defendant and others.
|
3 | | (c) Every defendant acquitted of a felony by reason of |
4 | | insanity and
subsequently found to be in need of
mental health |
5 | | services shall be represented by counsel in all proceedings |
6 | | under
this Section and under the Mental Health and |
7 | | Developmental Disabilities Code.
|
8 | | (1) The Court shall appoint as counsel the public |
9 | | defender or an
attorney licensed by this State.
|
10 | | (2) Upon filing with the Court of a verified statement |
11 | | of legal
services rendered by the private attorney |
12 | | appointed pursuant to
paragraph (1) of this subsection, the |
13 | | Court shall determine a reasonable
fee for such services. |
14 | | If the defendant is unable to pay the fee, the
Court shall |
15 | | enter an order upon the State to pay the entire fee or such
|
16 | | amount as the defendant is unable to pay from funds |
17 | | appropriated by the
General Assembly for that purpose.
|
18 | | (d) When the facility director determines that:
|
19 | | (1) the defendant is no longer
in need of mental health |
20 | | services on an inpatient basis; and
|
21 | | (2) the defendant may be conditionally released |
22 | | because he
or she is still in need of mental health |
23 | | services or that the defendant
may be discharged as not in |
24 | | need of any mental health services; or
|
25 | | (3) (blank);
|
26 | | the facility director shall give written notice
to the Court, |
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1 | | State's Attorney and defense attorney.
Such notice shall set |
2 | | forth in detail the basis for the recommendation of
the |
3 | | facility director, and specify clearly the recommendations, if |
4 | | any,
of the facility director, concerning conditional release.
|
5 | | Any recommendation for conditional release shall include an |
6 | | evaluation of
the defendant's need for psychotropic |
7 | | medication, what provisions should be
made, if any, to ensure |
8 | | that the defendant will continue to receive
psychotropic |
9 | | medication following discharge, and what provisions should be |
10 | | made
to assure the safety of the defendant and others in the |
11 | | event the defendant is
no longer receiving psychotropic |
12 | | medication.
Within 30 days of
the notification by the facility |
13 | | director, the Court shall set a hearing and
make a finding as |
14 | | to whether the defendant is:
|
15 | | (i) (blank); or
|
16 | | (ii) in need of mental health services in the form of |
17 | | inpatient care; or
|
18 | | (iii) in need of mental health services but not subject |
19 | | to inpatient care;
or
|
20 | | (iv) no longer in need of mental health services; or
|
21 | | (v) (blank).
|
22 | | Upon finding by the Court, the Court shall enter its |
23 | | findings and such
appropriate order as provided in subsections |
24 | | (a) and (a-1) of this Section.
|
25 | | (e) A defendant admitted pursuant to this Section, or any |
26 | | person on
his behalf, may file a petition for treatment plan |
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1 | | review
or discharge or conditional release under the
standards |
2 | | of this Section in the Court which rendered the verdict. Upon
|
3 | | receipt of a petition for treatment plan review or discharge or |
4 | | conditional release, the Court shall set a hearing to
be held |
5 | | within 120 days. Thereafter, no new petition
may be filed for |
6 | | 180 days
without leave of the Court.
|
7 | | (f) The Court shall direct that notice of the time and |
8 | | place of the
hearing be served upon the defendant, the facility |
9 | | director, the State's
Attorney, and the defendant's attorney. |
10 | | If requested by either the State or the
defense or if the Court |
11 | | feels it is appropriate, an impartial examination
of the |
12 | | defendant by a psychiatrist or clinical psychologist as defined |
13 | | in
Section 1-103 of the Mental Health and Developmental |
14 | | Disabilities Code who
is not in the employ of the Department of |
15 | | Human Services shall be ordered, and
the report considered at
|
16 | | the time of the hearing.
|
17 | | (g) The findings of the Court shall be established by clear |
18 | | and
convincing evidence. The burden of proof and the burden of |
19 | | going forth
with the evidence rest with the defendant or any |
20 | | person on the defendant's
behalf when a hearing is held to |
21 | | review
a petition filed by or on
behalf of the defendant. The |
22 | | evidence shall be presented in open
Court
with the right of |
23 | | confrontation and cross-examination.
Such evidence may |
24 | | include, but is not limited to:
|
25 | | (1) whether the defendant appreciates the harm caused |
26 | | by the defendant to
others and the community by his or her |
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1 | | prior
conduct
that resulted in the finding of not guilty by |
2 | | reason of insanity;
|
3 | | (2) Whether the person appreciates the criminality of |
4 | | conduct similar to
the conduct for which he or she was |
5 | | originally charged in this matter;
|
6 | | (3) the current state of
the defendant's illness;
|
7 | | (4) what, if any, medications the defendant is taking |
8 | | to
control his or her mental illness;
|
9 | | (5) what, if any, adverse physical side effects
the |
10 | | medication has on the defendant;
|
11 | | (6) the length of time it would take for the |
12 | | defendant's mental health to
deteriorate
if
the
defendant |
13 | | stopped taking prescribed medication;
|
14 | | (7) the defendant's history or potential for alcohol |
15 | | and drug abuse;
|
16 | | (8) the defendant's past criminal history;
|
17 | | (9) any specialized physical or medical needs of the |
18 | | defendant;
|
19 | | (10) any family participation or involvement expected |
20 | | upon release and
what is the willingness and ability of the |
21 | | family to participate or be
involved;
|
22 | | (11) the defendant's potential to be a danger to |
23 | | himself, herself, or
others; and
|
24 | | (12) any other factor or factors the Court deems |
25 | | appropriate.
|
26 | | (h) Before the court orders that the defendant be |
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1 | | discharged or
conditionally released, it shall order the |
2 | | facility director to establish a
discharge plan that includes a |
3 | | plan for the defendant's shelter, support, and
medication. If |
4 | | appropriate, the court shall order that the facility director
|
5 | | establish a program to train the defendant in self-medication |
6 | | under standards
established by the Department of Human |
7 | | Services.
If the Court finds, consistent with the provisions of |
8 | | this Section,
that the defendant is no longer in need of mental
|
9 | | health services it shall order the facility director to |
10 | | discharge the
defendant. If the Court finds, consistent with |
11 | | the provisions of this
Section, that the defendant is in need |
12 | | of mental
health services, and no longer in need of inpatient |
13 | | care, it shall order
the facility director to release the |
14 | | defendant under such conditions as the
Court deems appropriate |
15 | | and as provided by this Section. Such conditional
release shall |
16 | | be imposed for a period of 5 years as provided in
paragraph
(D) |
17 | | of subsection (a-1) and shall be
subject
to later modification |
18 | | by the Court as provided by this Section. If the
Court finds |
19 | | consistent with the provisions in this Section that the
|
20 | | defendant is in
need of mental health services on an inpatient |
21 | | basis, it shall order the
facility director not to discharge or |
22 | | release the defendant in accordance
with paragraph (b) of this |
23 | | Section.
|
24 | | (i) If within the period of the defendant's conditional |
25 | | release
the State's Attorney determines that the defendant has |
26 | | not fulfilled the
conditions of his or her release, the State's |
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1 | | Attorney may petition the
Court
to
revoke or modify the |
2 | | conditional release of the defendant. Upon the filing of
such |
3 | | petition the defendant may be remanded to the custody of the |
4 | | Department,
or to any other mental health facility designated |
5 | | by the Department, pending
the resolution of the petition. |
6 | | Nothing in this Section shall prevent the
emergency admission |
7 | | of a defendant pursuant to Article VI of Chapter III of the
|
8 | | Mental Health
and Developmental Disabilities Code or the |
9 | | voluntary admission of the defendant
pursuant to Article IV of |
10 | | Chapter III of the Mental Health and Developmental
Disabilities
|
11 | | Code. If
the Court determines, after hearing evidence, that the |
12 | | defendant has
not fulfilled the conditions of release, the |
13 | | Court shall order a hearing
to be held consistent with the |
14 | | provisions of paragraph (f) and (g) of this
Section. At such |
15 | | hearing, if the Court finds that the defendant is in need of |
16 | | mental health services on an inpatient
basis, it shall enter an |
17 | | order remanding him or her to the Department of
Human Services |
18 | | or other
facility. If the defendant is remanded to the |
19 | | Department of Human Services, he
or she shall be placed in
a |
20 | | secure setting unless the Court
determines that there are |
21 | | compelling reasons that such placement is not
necessary. If the
|
22 | | Court finds that the defendant continues to be in need of |
23 | | mental health
services but not on an inpatient basis, it may |
24 | | modify the conditions of
the original release in order to |
25 | | reasonably assure the defendant's satisfactory
progress in |
26 | | treatment and his or her safety and the safety of others in
|
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1 | | accordance with the standards established in paragraph (D) of |
2 | | subsection (a-1). Nothing in
this Section shall limit a Court's |
3 | | contempt powers or any other powers of a
Court.
|
4 | | (j) An order of admission under this Section does not |
5 | | affect the
remedy of habeas corpus.
|
6 | | (k) In the event of a conflict between this Section and the |
7 | | Mental Health
and Developmental Disabilities Code or the Mental |
8 | | Health and Developmental
Disabilities Confidentiality Act, the |
9 | | provisions of this Section shall govern.
|
10 | | (l) This amendatory Act shall apply to all persons who have |
11 | | been found
not guilty by reason of insanity and who are |
12 | | presently committed to the
Department of Mental Health and |
13 | | Developmental Disabilities (now the
Department of Human |
14 | | Services).
|
15 | | (m)
The Clerk of the Court shall transmit a certified copy |
16 | | of the order of
discharge or conditional release to the |
17 | | Department of Human Services, to the sheriff of the county from |
18 | | which the defendant was admitted, to the Illinois Department of |
19 | | State Police, to
the proper law enforcement agency for the |
20 | | municipality
where the offense took
place, and to the sheriff |
21 | | of the county into which the defendant is
conditionally |
22 | | discharged. The Illinois Department of State Police shall
|
23 | | maintain a
centralized record of discharged or conditionally |
24 | | released defendants while
they are under court supervision for |
25 | | access and use of appropriate law
enforcement agencies.
|
26 | | (Source: P.A. 98-1025, eff. 8-22-14.)
|