093_SB0639eng SB639 Engrossed LRB093 09600 BDD 09838 b 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 shalland transport him to a mental health13facility, or maymake 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 Departmentcounty sheriffshall 19transport the respondent to the appropriate mental health20facility, or the county sheriff maymake arrangements with 21another public or private entity includinga 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 SB639 Engrossed -2- LRB093 09600 BDD 09838 b 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 the23Department indicates that it has transportation to the24facility available, the order may authorize the Department to25transport the recipient there.The court may order the 26 Departmentsheriff of the county in which such proceedings27are heldto 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 SB639 Engrossed -3- LRB093 09600 BDD 09838 b 1or the Departmentis authorized to transport the recipient 2 between facilities, or whether the Departmentcounty sheriff3 is responsible for transporting the recipient between 4 facilities. The Department shallsheriff maymake 5 arrangements withanother public or private entity including6 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 SB639 Engrossed -4- LRB093 09600 BDD 09838 b 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 Servicessheriff27shall be notified andshall 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 SB639 Engrossed -5- LRB093 09600 BDD 09838 b 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; SB639 Engrossed -6- LRB093 09600 BDD 09838 b 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 Servicessheriff shall be notified andshall 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) SB639 Engrossed -7- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -8- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -9- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -10- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -11- LRB093 09600 BDD 09838 b 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. SB639 Engrossed -12- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -13- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -14- LRB093 09600 BDD 09838 b 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 SB639 Engrossed -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.