Bill Status of HB 3616   102nd General Assembly

Short Description:  CRIM PRO-UNFIT DEFENDANT-TREAT

House Sponsors
Rep. Justin Slaughter, Kelly M. Cassidy, Camille Y. Lilly and Suzanne Ness

Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/104-17from Ch. 38, par. 104-17

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that in the case of an order of the court committing a defendant who has been found unfit to stand trial for treatment, the court shall order that the placement be on an outpatient basis unless the court determines that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis. Provides that if the court determines that placement on an outpatient basis is not appropriate, the court shall (rather than may) order the defendant placed for treatment in the custody of the Department of Human Services or the court may order him or her placed in the custody of any other appropriate public or private inpatient mental health facility (deletes treatment program) which has agreed to provide treatment to the defendant. Makes other changes.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, with the following changes: In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a state operated facility under certain circumstances unless there are no beds available.

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Justin Slaughter
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Judiciary - Criminal Committee
  3/23/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/20/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  4/20/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/21/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/22/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  4/23/2021HouseHouse Floor Amendment No. 1 Adopted
  4/23/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2021HousePlaced on Calendar - Consideration Postponed
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee
  2/9/2022HouseApproved for Consideration Rules Committee; 004-000-000
  2/9/2022HousePlaced on Calendar - Consideration Postponed
  2/17/2022HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/17/2022HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  2/17/2022HouseAdded Co-Sponsor Rep. Suzanne Ness
  3/4/2022HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2023HouseSession Sine Die

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