HB3616eng 102ND GENERAL ASSEMBLY

HB3616 Engrossed LRB102 11834 RLC 17169 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 104-17 as follows:

(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

Sec. 104-17. Commitment for treatment; treatment plan.

(a) If the defendant is eligible to be or has been released on bail or on his own recognizance, the court shall select the least physically restrictive form of treatment therapeutically appropriate and consistent with the treatment plan. The placement may be ordered either on an inpatient or an outpatient basis. 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. If the court determines that placement on an outpatient basis is not appropriate (b) If the defendant's disability is mental, the court shall may order the defendant him placed for treatment in the custody of the Department of Human Services which shall place and maintain the defendant in a suitable treatment facility or program, or the court may order him or her placed in the custody of any other appropriate public or private inpatient mental health facility or treatment program which has agreed to provide treatment to the defendant. Unless there are no beds available in a State-operated facility, the defendant shall be placed in such a facility. If the court determines that placement on an outpatient basis is appropriate, the court shall order the defendant placed in the custody of any appropriate public or private outpatient treatment program which has been approved by the Department of Human Services and has agreed to provide treatment to the defendant.

(b) If the defendant is in custody and 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 20 days of the transmittal by the clerk of the circuit court of the placement court order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. If the defendant is placed in the custody of the Department of Human Services, the defendant shall be placed in a secure setting. During the period of time required to determine the appropriate placement the defendant shall remain in jail. If during the course of evaluating the defendant for placement, the Department of Human Services determines that the defendant is currently fit to stand trial, it shall immediately notify the court and shall submit a written report within 7 days. In that circumstance the placement shall be held pending a court hearing on the Department's report. Otherwise, upon completion of the placement process, the sheriff shall be notified and shall transport the defendant to the designated facility. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department 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. If, within 20 days of the transmittal by the clerk of the circuit court of the placement court 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 placement evaluation and availability for admission to 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. 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. If the Department determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. If the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides 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, the court shall order the defendant to undergo treatment on an outpatient basis as provided in subsection (a) of this Section The placement may be ordered either on an inpatient or an outpatient basis.

(c) If the defendant is not in custody and the court orders the defendant placed in the custody of the Department of Human Services, the Department shall notify the defendant of the facility to which he or she must report and the date and time that the defendant must report to that facility. If the defendant fails to report to the facility, the Department shall notify the sheriff who shall transport the defendant to the designated facility. If the defendant's disability is physical, the court may order him placed under the supervision of the Department of Human Services which shall place and maintain the defendant in a suitable treatment facility or program, or the court may order him placed in an appropriate public or private facility or treatment program which has agreed to provide treatment to the defendant. The placement may be ordered either on an inpatient or an outpatient basis.

(c-5) If the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. If the court determines that outpatient treatment is no longer appropriate pursuant to the standard in subsection (a), the court shall order the defendant to receive treatment on an inpatient basis as provided in subsection (c). Nothing in this Section shall limit a court's contempt powers or any other powers of a court.

(d) The clerk of the circuit court shall within 5 days of the entry of the order transmit to the Department, agency or institution, if any, to which the defendant is remanded for treatment, the following:

(1) a certified copy of the order to undergo treatment. Accompanying the certified copy of the order to undergo treatment shall be the complete copy of any report prepared under Section 104-15 of this Code or other report prepared by a forensic examiner for the court;

(2) the county and municipality in which the offense was committed;

(3) the county and municipality in which the arrest took place;

(4) a copy of the arrest report, criminal charges, arrest record; and

(5) all additional matters which the Court directs the clerk to transmit.

(e) Within 30 days of entry of an order to undergo treatment, the person supervising the defendant's treatment shall file with the court, the State, and the defense a report assessing the facility's or program's capacity to provide appropriate treatment for the defendant and indicating his opinion as to the probability of the defendant's attaining fitness within a period of time from the date of the finding of unfitness. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the sentence if convicted of the most serious offense. If the report indicates that there is a substantial probability that the defendant will attain fitness within the time period, the treatment supervisor shall also file a treatment plan which shall include:

(1) A diagnosis of the defendant's disability;

(2) A description of treatment goals with respect to rendering the defendant fit, a specification of the proposed treatment modalities, and an estimated timetable for attainment of the goals;

(3) An identification of the person in charge of supervising the defendant's treatment.

(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)