093_SB0639

 
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 1        AN ACT concerning mental health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities Code is amended by changing Sections  3-605  and
 6    3-819 as follows:

 7        (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
 8        Sec.   3-605.  (a)   Upon   receipt  of  a  petition  and
 9    certificate prepared pursuant to  this  Article,  the  county
10    sheriff  of  the  county in which a respondent is found shall
11    take a respondent into custody  and  notify  the  Department.
12    The  Department  shall  and  transport him to a mental health
13    facility, or may make arrangements  with  another  public  or
14    private  entity  including  a  licensed  ambulance service to
15    transport the respondent to the mental  health  facility.  In
16    the  event  it  is  determined  by  such  facility  that  the
17    respondent  is  in need of commitment or treatment at another
18    mental health facility, the Department county  sheriff  shall
19    transport  the  respondent  to  the appropriate mental health
20    facility, or the county sheriff may  make  arrangements  with
21    another   public  or  private  entity  including  a  licensed
22    ambulance service to transport the respondent to  the  mental
23    health facility.
24        (b)  The county sheriff may delegate his duties hereunder
25    to  another  law  enforcement body within that county if that
26    law enforcement body agrees.
27        (c)  The transporting authority acting in good faith  and
28    without  negligence  in connection with the transportation of
29    respondents shall incur no liability, civil or  criminal,  by
30    reason of such transportation.
31        (d)  The respondent and the estate of that respondent are
 
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 1    liable   for   the   payment   of  transportation  costs  for
 2    transporting the respondent to a mental health facility.   If
 3    the  respondent  is  a  beneficiary  of  a trust described in
 4    Section 15.1 of the Trusts and Trustees Act, the trust  shall
 5    not be considered a part of the respondent's estate and shall
 6    not  be  subject  to  payment  for  transportation  costs for
 7    transporting the respondent to a mental health facility under
 8    this Section except to the  extent  permitted  under  Section
 9    15.1  of  the  Trusts  and Trustees Act. If the respondent is
10    unable  to  pay  or  if  the  estate  of  the  respondent  is
11    insufficient, the responsible relatives are severally  liable
12    for  the payment of those sums or for the balance due in case
13    less than the amount owing has been paid. If  the  respondent
14    is  covered  by  insurance,  the  insurance  carrier shall be
15    liable  for  payment  to  the  extent   authorized   by   the
16    respondent's insurance policy.
17    (Source: P.A. 87-1158.)

18        (405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
19        Sec.  3-819.  (a)  When  a recipient is hospitalized upon
20    court order, the order may authorize a relative or friend  of
21    the  recipient  to transport the recipient to the facility if
22    such person is able to do so safely and humanely.   When  the
23    Department  indicates  that  it  has  transportation  to  the
24    facility available, the order may authorize the Department to
25    transport  the  recipient  there.  The  court  may  order the
26    Department sheriff of the county in  which  such  proceedings
27    are  held  to transport the recipient to the facility. When a
28    recipient is hospitalized upon court order, and the recipient
29    has been transported to a mental health facility, other  than
30    a state-operated mental health facility, and it is determined
31    by  the  facility that the recipient is in need of commitment
32    or treatment at another mental  health  facility,  the  court
33    shall determine whether a relative or friend of the recipient
 
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 1    or  the  Department  is authorized to transport the recipient
 2    between facilities, or whether the Department county  sheriff
 3    is   responsible   for  transporting  the  recipient  between
 4    facilities.   The   Department   shall   sheriff   may   make
 5    arrangements  with another public or private entity including
 6    a licensed ambulance service to transport  the  recipient  to
 7    the  facility.   The transporting entity acting in good faith
 8    and without negligence in connection with the  transportation
 9    of recipients shall incur no liability, civil or criminal, by
10    reason of such transportation.
11        (b)  The  court  may authorize the transporting entity to
12    bill the recipient, the  estate  of  the  recipient,  legally
13    responsible  relatives,  or insurance carrier for the cost of
14    providing transportation of the recipient to a mental  health
15    facility.   The recipient and the estate of the recipient are
16    liable  for  the  payment   of   transportation   costs   for
17    transporting  the  recipient to a mental health facility.  If
18    the recipient is  a  beneficiary  of  a  trust  described  in
19    Section  15.1 of the Trusts and Trustees Act, the trust shall
20    not be considered a part of the recipient's estate and  shall
21    not  be  subject  to  payment  for  transportation  costs for
22    transporting the recipient to a mental health facility  under
23    this  section,  except  to the extent permitted under Section
24    15.1 of the Trusts and Trustees Act.   If  the  recipient  is
25    unable   to  pay  or  if  the  estate  of  the  recipient  is
26    insufficient, the responsible relatives are severally  liable
27    for  the payment of those sums or for the balance due in case
28    less than the amount owing has been paid.  If  the  recipient
29    is  covered  by  insurance,  the  insurance  carrier shall be
30    liable  for  payment  to  the  extent   authorized   by   the
31    recipient's insurance policy.
32        (c)  Upon  the  delivery of a recipient to a facility, in
33    accordance with the procedure set forth in this Article,  the
34    facility  director  of  the  facility  shall  sign  a receipt
 
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 1    acknowledging custody of the recipient and for  any  personal
 2    property  belonging to him, which receipt shall be filed with
 3    the clerk of the court entering the hospitalization order.
 4    (Source: P.A. 87-1158; 88-380.)

 5        Section 10.  The Code of Criminal Procedure  of  1963  is
 6    amended by changing Section 104-17 as follows:

 7        (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
 8        Sec. 104-17.  Commitment for Treatment; Treatment Plan.
 9        (a)  If  the  defendant  is  eligible  to  be or has been
10    released on bail or on his own recognizance, the court  shall
11    select  the  least  physically  restrictive form of treatment
12    therapeutically appropriate and consistent with the treatment
13    plan.
14        (b)  If the defendant's disability is mental,  the  court
15    may  order  him  placed  for  treatment in the custody of the
16    Department of Human Services, or  the  court  may  order  him
17    placed  in  the  custody  of  any other appropriate public or
18    private mental health facility or treatment program which has
19    agreed  to  provide  treatment  to  the  defendant.   If  the
20    defendant is placed in the custody of the Department of Human
21    Services, the defendant shall be placed in a  secure  setting
22    unless the court determines that there are compelling reasons
23    why  such  placement  is not necessary.  During the period of
24    time required to  determine  the  appropriate  placement  the
25    defendant  shall  remain  in  jail.   Upon  completion of the
26    placement process, the Department of Human  Services  sheriff
27    shall be notified and shall make arrangements with a licensed
28    ambulance   service   to   transport  the  defendant  to  the
29    designated facility.  The placement may be ordered either  on
30    an inpatient or an outpatient basis.
31        (c)  If the defendant's disability is physical, the court
32    may  order him placed under the supervision of the Department
 
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 1    of  Human  Services  which  shall  place  and  maintain   the
 2    defendant in a suitable treatment facility or program, or the
 3    court  may  order  him  placed  in  an  appropriate public or
 4    private facility or treatment program  which  has  agreed  to
 5    provide  treatment  to  the  defendant.  The placement may be
 6    ordered either on an inpatient or an outpatient basis.
 7        (d)  The clerk of the circuit court shall transmit to the
 8    Department, agency or  institution,  if  any,  to  which  the
 9    defendant is remanded for treatment, the following:
10             (1)  a  certified  copy  of  the  order  to  undergo
11        treatment;
12             (2)  the   county  and  municipality  in  which  the
13        offense was committed;
14             (3)  the county and municipality in which the arrest
15        took place; and
16             (4)  all additional matters which the Court  directs
17        the clerk to transmit.
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
21    report assessing the  facility's  or  program's  capacity  to
22    provide   appropriate   treatment   for   the  defendant  and
23    indicating  his  opinion  as  to  the  probability   of   the
24    defendant's  attaining  fitness  within  a period of one year
25    from the date of the finding of  unfitness.   If  the  report
26    indicates  that  there  is a substantial probability that the
27    defendant will attain fitness within  the  time  period,  the
28    treatment  supervisor  shall also file a treatment plan which
29    shall include:
30             (1)  A diagnosis of the defendant's disability;
31             (2)  A description of treatment goals  with  respect
32        to  rendering  the  defendant fit, a specification of the
33        proposed treatment modalities, and an estimated timetable
34        for attainment of the goals;
 
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 1             (3)  An identification of the person  in  charge  of
 2        supervising the defendant's treatment.
 3    (Source: P.A. 89-507, eff. 7-1-97.)

 4        Section  15.  The  Unified Code of Corrections is amended
 5    by changing Section 5-2-4 as follows:

 6        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
 7        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
 8    Insanity.
 9        (a)  After  a  finding or verdict of not guilty by reason
10    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
11    of Criminal Procedure of 1963, the defendant shall be ordered
12    to the Department of Human Services for an evaluation  as  to
13    whether  he is subject to involuntary admission or in need of
14    mental health services.  The order shall specify whether  the
15    evaluation  shall  be conducted on an inpatient or outpatient
16    basis. If the evaluation is to be conducted on  an  inpatient
17    basis,  the  defendant  shall  be  placed in a secure setting
18    unless the Court determines that there are compelling reasons
19    why such placement is not necessary. After the evaluation and
20    during  the  period  of  time  required  to   determine   the
21    appropriate  placement,  the  defendant shall remain in jail.
22    Upon completion of the placement  process the  Department  of
23    Human  Services  sheriff  shall  be  notified  and shall make
24    arrangements with a licensed ambulance service  to  transport
25    the defendant to the designated facility.
26        The  Department  shall provide the Court with a report of
27    its evaluation within 30 days of the date of this order.  The
28    Court shall hold a  hearing  as  provided  under  the  Mental
29    Health  and  Developmental  Disabilities Code to determine if
30    the individual is: (a) subject to involuntary admission;  (b)
31    in  need of mental health services on an inpatient basis; (c)
32    in need of mental health services on an outpatient basis; (d)
 
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 1    a person not in need of mental health  services.   The  Court
 2    shall enter its findings.
 3        If  the  defendant  is found to be subject to involuntary
 4    admission  or  in  need  of  mental  health  services  on  an
 5    inpatient care basis, the Court shall order the defendant  to
 6    the  Department  of  Human  Services.  The defendant shall be
 7    placed in a secure setting unless the Court  determines  that
 8    there  are  compelling  reasons  why  such  placement  is not
 9    necessary. Such defendants placed in a secure  setting  shall
10    not  be  permitted outside the facility's housing unit unless
11    escorted or accompanied by personnel  of  the  Department  of
12    Human  Services  or  with the prior approval of the Court for
13    unsupervised on-grounds privileges as  provided  herein.  Any
14    defendant  placed  in  a  secure  setting  pursuant  to  this
15    Section,  transported  to  court  hearings or other necessary
16    appointments  off  facility  grounds  by  personnel  of   the
17    Department  of  Human  Services,  may  be  placed in security
18    devices  or  otherwise   secured   during   the   period   of
19    transportation  to  assure  secure transport of the defendant
20    and the safety of Department of Human Services personnel  and
21    others.    These   security  measures  shall  not  constitute
22    restraint as defined in the Mental Health  and  Developmental
23    Disabilities Code. If the defendant is found to be in need of
24    mental  health  services, but not on an inpatient care basis,
25    the Court shall conditionally release  the  defendant,  under
26    such  conditions  as  set  forth  in  this  Section  as  will
27    reasonably  assure  the  defendant's satisfactory progress in
28    treatment or rehabilitation and the safety of  the  defendant
29    or  others.   If  the  Court  finds the person not in need of
30    mental health  services,  then  the  Court  shall  order  the
31    defendant discharged from custody.
32        (1)  Definitions:  For the purposes of this Section:
33             (A)  "Subject  to  involuntary  admission" means:  a
34        defendant  has  been  found  not  guilty  by  reason   of
 
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 1        insanity; and
 2                  (i)  who is mentally ill and who because of his
 3             mental  illness  is  reasonably  expected to inflict
 4             serious physical harm upon himself or another in the
 5             near future; or
 6                  (ii)  who is mentally ill and  who  because  of
 7             his  illness  is  unable  to  provide  for his basic
 8             physical needs so as to guard himself  from  serious
 9             harm.
10             (B)  "In  need  of  mental  health  services  on  an
11        inpatient  basis"  means:  a defendant who has been found
12        not guilty by reason of insanity who is  not  subject  to
13        involuntary  admission  but who is reasonably expected to
14        inflict serious physical harm upon himself or another and
15        who would benefit from inpatient care or is  in  need  of
16        inpatient care.
17             (C)  "In  need  of  mental  health  services  on  an
18        outpatient  basis"  means: a defendant who has been found
19        not guilty by reason of insanity who is  not  subject  to
20        involuntary   admission  or  in  need  of  mental  health
21        services on  an  inpatient  basis,  but  is  in  need  of
22        outpatient   care,  drug  and/or  alcohol  rehabilitation
23        programs,  community  adjustment  programs,   individual,
24        group, or family therapy, or chemotherapy.
25             (D)  "Conditional  Release"  means: the release from
26        either the custody of the Department of Human Services or
27        the custody of the Court of a person who has  been  found
28        not guilty by reason of insanity under such conditions as
29        the   Court   may  impose  which  reasonably  assure  the
30        defendant's  satisfactory  progress   in   treatment   or
31        habilitation  and the safety of the defendant and others.
32        The Court shall consider such terms and conditions  which
33        may include, but need not be limited to, outpatient care,
34        alcoholic  and  drug  rehabilitation  programs, community
 
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 1        adjustment  programs,  individual,  group,  family,   and
 2        chemotherapy,  periodic checks with the legal authorities
 3        and/or the Department of Human Services.  The  person  or
 4        facility  rendering the outpatient care shall be required
 5        to periodically report to the Court on  the  progress  of
 6        the  defendant.  Such  conditional release shall be for a
 7        period of five years, unless the defendant, the person or
 8        facility rendering the  treatment,  therapy,  program  or
 9        outpatient  care,  or  the State's Attorney petitions the
10        Court for an extension of the conditional release  period
11        for  an  additional  three  years. Upon receipt of such a
12        petition, the Court shall hold a hearing consistent  with
13        the provisions of this paragraph (a) and paragraph (f) of
14        this  Section,  shall  determine  whether  the  defendant
15        should continue to be subject to the terms of conditional
16        release,  and  shall  enter an order either extending the
17        defendant's period of conditional release  for  a  single
18        additional   three   year   period   or  discharging  the
19        defendant. In no event shall the  defendant's  period  of
20        conditional  release exceed eight years. These provisions
21        for extension of conditional release shall only apply  to
22        defendants  conditionally  released  on  or after July 1,
23        1979. However the  extension  provisions  of  Public  Act
24        83-1449  apply only to defendants charged with a forcible
25        felony.
26             (E)  "Facility director" means the chief officer  of
27        a mental health or developmental disabilities facility or
28        his  or  her  designee  or the supervisor of a program of
29        treatment  or  habilitation  or  his  or  her   designee.
30        "Designee"    may    include    a   physician,   clinical
31        psychologist, social worker, or nurse.
32        (b)  If  the  Court  finds  the  defendant   subject   to
33    involuntary admission or in need of mental health services on
34    an inpatient basis, the admission, detention, care, treatment
 
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 1    or   habilitation,   treatment   plans,  review  proceedings,
 2    including  review  of  treatment  and  treatment  plans,  and
 3    discharge of the defendant after such order  shall  be  under
 4    the Mental Health and Developmental Disabilities Code, except
 5    that the initial order for admission of a defendant acquitted
 6    of  a felony by reason of insanity shall be for an indefinite
 7    period of time. Such period of commitment  shall  not  exceed
 8    the maximum length of time that the defendant would have been
 9    required  to  serve,  less  credit  for good behavior, before
10    becoming eligible for release had he been  convicted  of  and
11    received  the maximum sentence for the most serious crime for
12    which he has been acquitted by reason of insanity. The  Court
13    shall  determine  the  maximum  period  of  commitment  by an
14    appropriate order. During  this period of time, the defendant
15    shall not be permitted to be in the community in any  manner,
16    including  but not limited to off-grounds privileges, with or
17    without escort  by  personnel  of  the  Department  of  Human
18    Services,  unsupervised  on-grounds  privileges, discharge or
19    conditional  or  temporary  release,  except  by  a  plan  as
20    provided in this Section.  In no event  shall  a  defendant's
21    continued unauthorized absence be a basis for discharge.  Not
22    more   than  30  days  after  admission  and  every  60  days
23    thereafter so long as the initial order  remains  in  effect,
24    the facility director shall file a treatment plan report with
25    the  court and forward a copy of the treatment plan report to
26    the clerk  of  the  court,  the  State's  Attorney,  and  the
27    defendant's  attorney,  if  the  defendant  is represented by
28    counsel, or to a person authorized by the defendant under the
29    Mental Health and Developmental Disabilities  Confidentiality
30    Act  to  be  sent  a  copy  of  the report.  The report shall
31    include an opinion as to whether the defendant  is  currently
32    subject  to  involuntary  admission, in need of mental health
33    services on an inpatient basis, or in need of  mental  health
34    services  on  an  outpatient  basis.   The  report shall also
 
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 1    summarize the basis for those findings and provide a  current
 2    summary  of  the following items from the treatment plan: (1)
 3    an assessment of  the  defendant's  treatment  needs,  (2)  a
 4    description  of  the  services recommended for treatment, (3)
 5    the goals  of  each  type  of  element  of  service,  (4)  an
 6    anticipated  timetable  for  the accomplishment of the goals,
 7    and  (5)  a  designation  of   the   qualified   professional
 8    responsible  for  the  implementation of the plan. The report
 9    may  also   include   unsupervised   on-grounds   privileges,
10    off-grounds  privileges  (with or without escort by personnel
11    of  the  Department  of  Human  Services),  home  visits  and
12    participation  in  work  programs,  but   only   where   such
13    privileges  have been approved by specific court order, which
14    order may include such conditions on  the  defendant  as  the
15    Court may deem appropriate and necessary to reasonably assure
16    the  defendant's  satisfactory  progress in treatment and the
17    safety of the defendant and others.
18        (c)  Every defendant acquitted of a felony by  reason  of
19    insanity  and subsequently found to be subject to involuntary
20    admission or in need  of  mental  health  services  shall  be
21    represented  by counsel in all proceedings under this Section
22    and under the Mental Health  and  Developmental  Disabilities
23    Code.
24             (1)  The  Court  shall appoint as counsel the public
25        defender or an attorney licensed by this State.
26             (2)  Upon  filing  with  the  Court  of  a  verified
27        statement of  legal  services  rendered  by  the  private
28        attorney  appointed  pursuant  to  paragraph  (1) of this
29        subsection, the Court shall determine  a  reasonable  fee
30        for such services.  If the defendant is unable to pay the
31        fee, the Court shall enter an order upon the State to pay
32        the  entire fee or such amount as the defendant is unable
33        to pay from funds appropriated by  the  General  Assembly
34        for that purpose.
 
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 1        (d)  When the facility director determines that:
 2             (1)  the   defendant   is   no   longer  subject  to
 3        involuntary  admission  or  in  need  of  mental   health
 4        services on an inpatient basis; and
 5             (2)  the  defendant  may  be  conditionally released
 6        because he or she is  still  in  need  of  mental  health
 7        services  or  that the defendant may be discharged as not
 8        in need of any mental health services; or
 9             (3)  the defendant no longer requires placement in a
10        secure setting;
11    the facility director shall give written notice to the Court,
12    State's Attorney and defense attorney. Such notice shall  set
13    forth  in  detail  the  basis  for  the recommendation of the
14    facility director, and specify clearly  the  recommendations,
15    if  any,  of  the  facility  director, concerning conditional
16    release.  Within 30 days of the notification by the  facility
17    director, the Court shall set a hearing and make a finding as
18    to whether the defendant is:
19             (i)  subject to involuntary admission; or
20             (ii)  in  need of mental health services in the form
21        of inpatient care; or
22             (iii)  in need of mental  health  services  but  not
23        subject to involuntary admission or inpatient care; or
24             (iv)  no  longer  in need of mental health services;
25        or
26             (v)  no  longer  requires  placement  in  a   secure
27        setting.
28        Upon  finding  by  the  Court,  the Court shall enter its
29    findings and such appropriate order as provided in subsection
30    (a) of this Section.
31        (e)  A defendant admitted pursuant to  this  Section,  or
32    any  person on his behalf, may  file a petition for treatment
33    plan review, transfer to  a  non-secure  setting  within  the
34    Department  of  Human  Services  or  discharge or conditional
 
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 1    release under the standards of  this  Section  in  the  Court
 2    which  rendered  the verdict.  Upon receipt of a petition for
 3    treatment plan review, transfer to a  non-secure  setting  or
 4    discharge  or  conditional  release,  the  Court  shall set a
 5    hearing to be held  within  120  days.   Thereafter,  no  new
 6    petition  may  be  filed  for  120  days without leave of the
 7    Court.
 8        (f)  The Court shall direct that notice of the  time  and
 9    place  of  the  hearing  be  served  upon  the defendant, the
10    facility director, the State's Attorney, and the  defendant's
11    attorney.  If requested by either the State or the defense or
12    if  the  Court  feels  it  is   appropriate,   an   impartial
13    examination  of  the  defendant by a psychiatrist or clinical
14    psychologist as defined in Section 1-103 of the Mental Health
15    and Developmental Disabilities Code who is not in the  employ
16    of the Department of Human Services shall be ordered, and the
17    report considered at the time of the hearing.
18        (g)  The  findings  of  the Court shall be established by
19    clear and convincing evidence.  The burden of proof  and  the
20    burden  of  going  forth  with  the  evidence  rest  with the
21    defendant or any person on  the  defendant's  behalf  when  a
22    hearing  is  held to review the determination of the facility
23    director that  the  defendant  should  be  transferred  to  a
24    non-secure  setting, discharged, or conditionally released or
25    when a hearing is held to review a petition filed  by  or  on
26    behalf  of the defendant.  The evidence shall be presented in
27    open   Court   with   the   right   of   confrontation    and
28    cross-examination.
29        (h)  If  the  Court finds that the defendant is no longer
30    in need of mental health services it shall order the facility
31    director to discharge the defendant.  If the Court finds that
32    the defendant is in need of mental health  services,  and  no
33    longer in need of inpatient care, it shall order the facility
34    director  to  release  the defendant under such conditions as
 
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 1    the Court deems appropriate and as provided by this  Section.
 2    Such  conditional  release  shall  be imposed for a period of
 3    five years and shall be subject  to later modification by the
 4    Court as provided by this Section. If the  Court  finds  that
 5    the  defendant is subject to involuntary admission or in need
 6    of mental health services on an  inpatient  basis,  it  shall
 7    order  the  facility director not to discharge or release the
 8    defendant in accordance with paragraph (b) of this Section.
 9        (i)  If within the period of the defendant's  conditional
10    release,  the  Court determines, after hearing evidence, that
11    the defendant has not fulfilled the  conditions  of  release,
12    the  Court  shall  order a hearing to be held consistent with
13    the provisions of paragraph (f) and (g) of this  Section.  At
14    such  hearing,  if  the  Court  finds  that  the defendant is
15    subject to involuntary admission or in need of mental  health
16    services  on  an  inpatient  basis,  it  shall enter an order
17    remanding him or her to the Department of Human  Services  or
18    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
22    the  Court  finds that the defendant  continues to be in need
23    of mental health services but not on an inpatient  basis,  it
24    may 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
27    no  event shall such conditional release be longer than eight
28    years. Nothing in this Section shall limit a Court's contempt
29    powers or any other powers of a Court.
30        (j)  An order of admission under this  Section  does  not
31    affect the remedy of habeas corpus.
32        (k)  In  the event of a conflict between this Section and
33    the Mental Health and Developmental Disabilities Code or  the
34    Mental  Health and Developmental Disabilities Confidentiality
 
                            -15-     LRB093 09600 BDD 09838 b
 1    Act, the provisions of this Section shall govern.
 2        (l)  This amendatory Act shall apply to all  persons  who
 3    have  been found not guilty by reason of insanity and who are
 4    presently committed to the Department of  Mental  Health  and
 5    Developmental  Disabilities  (now  the  Department  of  Human
 6    Services).
 7        (m)  The  Clerk of the Court shall, after the entry of an
 8    order of transfer to a non-secure setting of  the  Department
 9    of  Human  Services  or  discharge  or  conditional  release,
10    transmit  a  certified copy of the order to the Department of
11    Human Services, and the sheriff of the county from which  the
12    defendant  was  admitted.   In  cases where the arrest of the
13    defendant or the commission of the offense took place in  any
14    municipality  with  a population of more than 25,000 persons,
15    the Clerk of the Court shall also transmit a  certified  copy
16    of  the  order  of  discharge  or  conditional release to the
17    proper law enforcement agency for said municipality  provided
18    the municipality has requested such notice in writing.
19    (Source:  P.A.  90-105,  eff.  7-11-97; 90-593, eff. 6-19-98;
20    91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.