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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Sections 104-17 and 104-31 as follows:
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| (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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| Sec. 104-17. Commitment for Treatment; Treatment Plan.
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| (a) If the defendant
is eligible to be or has been released |
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| on bail or on his own recognizance,
the court shall select the |
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| least physically restrictive form of treatment
therapeutically |
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| appropriate and consistent with the treatment plan.
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| (b) If the defendant's disability is mental, the court may |
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| order him placed
for treatment in the custody of the Department |
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| of Human Services, or the court may order him placed in
the |
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| custody of any other
appropriate public or private mental |
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| health facility or treatment program
which has agreed to |
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| provide treatment to the defendant. If the defendant
is placed |
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| in the custody of the Department of Human Services, the |
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| defendant shall be placed in a
secure setting unless the
court |
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| determines that
there are compelling reasons why such placement |
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| is not necessary. During
the period of time required to |
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| determine the appropriate placement the
defendant shall remain |
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| in jail. Upon completion of the placement process, the
sheriff |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| shall be notified and shall transport the defendant to the |
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| designated
facility. The placement may be ordered either on an |
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| inpatient or an outpatient
basis.
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| (c) If the defendant's disability is physical, the court |
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| may order him
placed under the supervision of the Department of |
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| Human
Services
which shall place and maintain the defendant in |
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| a suitable treatment facility
or program, or the court may |
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| order him placed in an appropriate public or
private facility |
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| or treatment program which has agreed to provide treatment
to |
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| the defendant. The placement may be ordered either on an |
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| inpatient or
an outpatient basis.
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| (d) The clerk of the circuit court shall transmit to the |
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| Department, agency
or institution, if any, to which the |
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| defendant is remanded for treatment, the
following:
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| (1) a certified copy of the order to undergo treatment;
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| (2) the county and municipality in which the offense |
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| was committed;
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| (3) the county and municipality in which the arrest |
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| took place; and |
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| (4) a copy of the arrest report, criminal charges, |
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| arrest record, jail record, and the report prepared under |
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| Section 104-15; and
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| (5)
(4) all additional matters which the Court directs |
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| the clerk to transmit.
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| (e) Within 30 days of entry of an order to undergo |
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| treatment, the person
supervising the defendant's treatment |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| shall file with the court, the State,
and the defense a report |
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| assessing the facility's or program's capacity
to provide |
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| appropriate treatment for the defendant and indicating his |
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| opinion
as to the probability of the defendant's attaining |
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| fitness within a period
of one year from the date of the |
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| finding of unfitness. If the report indicates
that there is a |
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| substantial probability that the defendant will attain fitness
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| within the time period, the treatment supervisor shall also |
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| file a treatment
plan which shall include:
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| (1) A diagnosis of the defendant's disability;
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| (2) A description of treatment goals with respect to |
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| rendering the
defendant
fit, a specification of the |
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| proposed treatment modalities, and an estimated
timetable |
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| for attainment of the goals;
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| (3) An identification of the person in charge of |
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| supervising the
defendant's
treatment.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
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| Sec. 104-31. No defendant placed in a secure setting of the |
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| Department of
Human Services pursuant to
the provisions of |
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| Sections 104-17, 104-25, or 104-26 shall be permitted outside
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| the facility's
housing unit unless escorted or accompanied by |
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| personnel of the Department of
Human Services.
Any defendant |
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| placed in a secure setting pursuant to this Section,
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| transported to court hearings or other necessary appointments
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| off facility grounds
by personnel of
the Department of Human |
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| Services, may be
placed in security devices
or otherwise |
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| secured during the period of transportation to assure
secure |
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| transport of the defendant and the safety of Department
of |
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| Human Services personnel and others. These security measures
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| shall not constitute restraint as defined in the Mental Health |
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| and
Developmental Disabilities Code.
Nor shall
such defendant
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| be permitted any off-grounds privileges, either with or without |
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| escort by
personnel of the Department of Human Services,
or any |
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| unsupervised on-ground privileges, unless such off-grounds or
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| unsupervised on-grounds privileges have been approved by |
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| specific court
order, which order may include such conditions |
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| on the defendant as the
court may deem appropriate and |
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| necessary to reasonably assure the
defendant's satisfactory |
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| progress in treatment and the safety of the defendant
or |
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| others. Whenever the court receives a report from the |
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| supervisor of the defendant's treatment recommending the |
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| defendant for any off-grounds or unsupervised on-grounds |
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| privileges, or placement in a non-secure setting, the court |
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| shall set the matter for a first hearing within 21 days unless |
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| good cause is demonstrated why the hearing cannot be held.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-105, eff. 7-11-97.)
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| Section 10. The Unified Code of Corrections is amended by |
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| changing Section 5-2-4 as follows:
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
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| Sec. 5-2-4. Proceedings after Acquittal by Reason of |
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| Insanity.
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| (a) After a finding or verdict of not guilty by reason of |
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| insanity
under Sections 104-25, 115-3 or 115-4 of The Code of |
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| Criminal Procedure
of 1963, the defendant shall be ordered to |
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| the Department of Human Services for
an evaluation as to
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| whether he is in need of mental health
services. The order
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| shall specify whether the evaluation shall be conducted on an |
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| inpatient or
outpatient basis. If the evaluation is to be |
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| conducted on an inpatient
basis, the defendant shall be placed |
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| in a secure setting unless the Court
determines that there are |
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| compelling reasons why such placement is not
necessary. With |
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| the court order for evaluation shall be sent a copy of the |
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| arrest report, criminal charges, arrest record, jail record, |
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| and any report prepared under Section 115-6 of the Code of |
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| Criminal Procedure of 1963.
After the evaluation and during the |
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| period of time required to
determine the appropriate placement, |
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| the defendant shall
remain in jail.
Upon completion of the |
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| placement process the sheriff shall be notified and
shall |
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| transport the defendant to the designated facility.
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| The Department shall provide the Court with a report of its |
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| evaluation
within 30 days of the date of this order. The Court |
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| shall hold a hearing
as provided under the Mental Health and |
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| Developmental Disabilities Code to
determine if the individual |
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| is:
(a)
in need of mental health services on an inpatient |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| basis; (b) in
need of
mental health services on an outpatient |
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| basis; (c) a person not in
need of
mental health services. The |
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| Court shall enter its findings.
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| If the defendant is found to be in
need
of mental health |
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| services on an inpatient care basis, the Court shall order the
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| defendant to the Department of Human Services.
The defendant |
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| shall be placed in a secure setting unless the Court determines
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| that there are compelling reasons why such placement is not |
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| necessary. Such
defendants placed in a secure setting shall not |
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| be permitted outside the
facility's housing unit unless |
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| escorted or accompanied by personnel of the
Department of Human |
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| Services or with the prior approval of the Court for
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| unsupervised
on-grounds privileges as provided
herein.
Any |
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| defendant placed in a secure setting pursuant to this Section,
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| transported to court hearings or other necessary appointments
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| off facility grounds
by personnel of
the Department of Human |
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| Services, shall be
placed in security devices
or otherwise |
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| secured during the period of transportation to assure
secure |
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| transport of the defendant and the safety of Department
of |
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| Human Services personnel and others. These security measures
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| shall not constitute restraint as defined in the Mental Health |
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| and
Developmental Disabilities Code.
If the defendant is found |
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| to be in need of mental health services,
but not on an |
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| inpatient care basis, the Court shall conditionally release
the |
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| defendant, under such conditions as set forth in this Section |
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| as will
reasonably assure the defendant's satisfactory |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| progress and participation
in treatment or
rehabilitation and |
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| the safety of the defendant and others. If the
Court
finds the |
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| person not in need of mental health services, then the Court
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| shall order the defendant discharged from custody.
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| (a-1)
(1) Definitions . : For the purposes of this Section:
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| (A) (Blank).
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| (B) "In need of mental health services on an inpatient |
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| basis" means: a
defendant who has been found not guilty by |
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| reason of insanity but who due to mental illness is
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| reasonably expected to inflict
serious physical harm upon |
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| himself or another and who would benefit from
inpatient |
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| care or is in need of inpatient care.
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| (C) "In need of mental health services on an outpatient |
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| basis" means:
a defendant who has been found not guilty by |
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| reason of insanity who is not in need of mental health |
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| services on
an inpatient basis, but is in need of |
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| outpatient care, drug and/or alcohol
rehabilitation |
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| programs, community adjustment programs, individual, |
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| group,
or family therapy, or chemotherapy.
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| (D) "Conditional Release" means: the release from |
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| either the custody
of the Department of Human Services
or |
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| the custody of the Court of a person who has been found not |
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| guilty by
reason of insanity under such conditions as the |
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| Court may impose which
reasonably assure the defendant's |
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| satisfactory progress in
treatment or habilitation and the |
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| safety of the defendant and others. The
Court shall |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| consider such terms and conditions which may include, but |
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| need
not be limited to, outpatient care, alcoholic and drug |
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| rehabilitation programs,
community adjustment programs, |
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| individual, group, family, and chemotherapy,
random |
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| testing to ensure the defendant's timely and continuous |
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| taking of any
medicines prescribed
to control or manage his |
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| or her conduct or mental state, and
periodic checks with |
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| the legal authorities and/or the Department of Human
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| Services.
The Court may order as a condition of conditional |
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| release that the
defendant not contact the victim of the |
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| offense that
resulted in the finding or
verdict of not |
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| guilty by reason of insanity or any other person. The Court |
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| may
order the
Department of
Human Services to provide care |
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| to any
person conditionally released under this Section. |
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| The Department may contract
with any public or private |
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| agency in order to discharge any responsibilities
imposed |
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| under this Section. The Department shall monitor the |
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| provision of
services to persons conditionally released |
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| under this Section and provide
periodic reports to the |
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| Court concerning the services and the condition of the
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| defendant.
Whenever a person is conditionally released |
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| pursuant to this Section, the
State's Attorney for the |
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| county in which the hearing is held shall designate in
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| writing the name, telephone number, and address of a person |
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| employed by him or
her who
shall be notified in the event |
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| that either the reporting agency or the
Department decides |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| that the conditional release of the defendant should be
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| revoked or modified pursuant to subsection (i) of this |
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| Section. Such
conditional release shall be for
a period of |
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| five years. However, the defendant, the person or
facility
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| rendering the treatment, therapy, program or outpatient |
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| care, the
Department, or the
State's Attorney may petition |
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| the Court for an extension of
the conditional
release |
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| period for an additional 5 years. Upon receipt of such a
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| petition, the Court shall hold a hearing consistent with |
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| the provisions of
this paragraph (a) , this paragraph (a-1),
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| and paragraph (f) of this Section, shall determine
whether |
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| the defendant should continue to be subject to the terms of
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| conditional release, and shall enter an order either |
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| extending the
defendant's period of conditional release |
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| for an additional
5
year period or discharging the |
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| defendant.
Additional 5-year periods of conditional |
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| release may be ordered following a
hearing as provided in |
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| this Section. However,
in no event shall the defendant's
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| period of conditional release continue beyond the maximum |
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| period of
commitment ordered by the Court pursuant to |
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| paragraph (b) of this Section. These provisions for
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| extension of conditional release shall only apply to |
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| defendants
conditionally released on or after August 8, |
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| 2003
the effective date of
this amendatory Act
of the 93rd |
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| General Assembly . However the extension
provisions of |
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| Public Act 83-1449 apply only to defendants charged
with a |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| forcible felony.
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| (E) "Facility director" means the chief officer of a |
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| mental health or
developmental disabilities facility or |
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| his or her designee or the supervisor of
a program of |
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| treatment or habilitation or his or her designee. |
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| "Designee" may
include a physician, clinical psychologist, |
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| social worker, nurse, or clinical
professional counselor.
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| (b) If the Court finds the defendant in need of mental |
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| health services on an
inpatient basis, the
admission, |
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| detention, care, treatment or habilitation, treatment plans,
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| review proceedings, including review of treatment and |
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| treatment plans, and
discharge of the defendant after such |
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| order shall be under the
Mental Health and Developmental |
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| Disabilities Code, except that the
initial order for admission |
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| of a defendant acquitted of a felony by
reason of insanity |
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| shall be for an indefinite period of time. Such period
of |
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| commitment shall not exceed the maximum
length of time that the |
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| defendant would have been required to serve,
less credit for |
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| good behavior as provided in Section 5-4-1 of the Unified
Code |
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| of Corrections, before becoming eligible for
release had
he |
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| been convicted of and received the maximum sentence for the |
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| most
serious crime for which he has been acquitted by reason of |
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| insanity. The
Court shall determine the maximum period of |
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| commitment by an appropriate
order. During this period of time, |
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| the defendant shall not be permitted
to be in the community in |
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| any manner, including but not limited to off-grounds
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| privileges, with or without escort by personnel of the |
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| Department of Human
Services, unsupervised on-grounds |
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| privileges,
discharge or conditional or temporary release, |
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| except by a plan as provided in
this Section. In no event shall |
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| a defendant's continued unauthorized
absence be a basis for |
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| discharge. Not more than 30 days after admission
and every 60 |
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| days thereafter so long as the initial order
remains in effect, |
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| the facility director shall file a treatment plan report
in |
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| writing with the court
and forward a copy of the treatment plan |
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| report to the clerk of the
court, the State's Attorney, and the |
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| defendant's attorney, if the defendant is
represented by |
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| counsel,
or to a person authorized by
the defendant under the
|
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| Mental Health and Developmental Disabilities Confidentiality |
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| Act to be sent a
copy of the report. The report shall include |
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| an opinion
as to whether the
defendant is currently in need of |
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| mental
health services on an inpatient basis or in need of |
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| mental health services
on
an outpatient basis. The report shall |
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| also summarize the basis for those
findings and provide a |
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| current summary of the following items from the
treatment plan: |
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| (1) an assessment of the defendant's treatment needs, (2) a
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| description of the services recommended for treatment, (3) the |
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| goals of each
type of element of service, (4) an anticipated |
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| timetable for the accomplishment
of the goals, and (5) a |
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| designation of the qualified professional responsible
for the |
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| implementation of the plan.
The report may also include |
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| unsupervised on-grounds
privileges, off-grounds privileges |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| (with or without escort by personnel of the
Department of Human |
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| Services), home visits and
participation in work
programs, but |
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| only where such privileges have been approved by specific court
|
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| order, which order may include such conditions on the defendant |
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| as the
Court may deem appropriate and necessary to reasonably |
6 |
| assure the defendant's
satisfactory progress in treatment and |
7 |
| the safety of the defendant and others.
|
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| (c) Every defendant acquitted of a felony by reason of |
9 |
| insanity and
subsequently found to be in need of
mental health |
10 |
| services shall be represented by counsel in all proceedings |
11 |
| under
this Section and under the Mental Health and |
12 |
| Developmental Disabilities Code.
|
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| (1) The Court shall appoint as counsel the public |
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| defender or an
attorney licensed by this State.
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| (2) Upon filing with the Court of a verified statement |
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| of legal
services rendered by the private attorney |
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| appointed pursuant to
paragraph (1) of this subsection, the |
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| Court shall determine a reasonable
fee for such services. |
19 |
| If the defendant is unable to pay the fee, the
Court shall |
20 |
| enter an order upon the State to pay the entire fee or such
|
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| amount as the defendant is unable to pay from funds |
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| appropriated by the
General Assembly for that purpose.
|
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| (d) When the facility director determines that:
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| (1) the defendant is no longer
in need of mental health |
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| services on an inpatient basis; and
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| (2) the defendant may be conditionally released |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| because he
or she is still in need of mental health |
2 |
| services or that the defendant
may be discharged as not in |
3 |
| need of any mental health services; or
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| (3) the defendant no longer requires placement in a |
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| secure setting;
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| the facility director shall give written notice
to the Court, |
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| State's Attorney and defense attorney.
Such notice shall set |
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| forth in detail the basis for the recommendation of
the |
9 |
| facility director, and specify clearly the recommendations, if |
10 |
| any,
of the facility director, concerning conditional release.
|
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| Any recommendation for conditional release shall include an |
12 |
| evaluation of
the defendant's need for psychotropic |
13 |
| medication, what provisions should be
made, if any, to ensure |
14 |
| that the defendant will continue to receive
psychotropic |
15 |
| medication following discharge, and what provisions should be |
16 |
| made
to assure the safety of the defendant and others in the |
17 |
| event the defendant is
no longer receiving psychotropic |
18 |
| medication.
Within 30 days of
the notification by the facility |
19 |
| director, the Court shall set a hearing and
make a finding as |
20 |
| to whether the defendant is:
|
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| (i) (blank); or
|
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| (ii) in need of mental health services in the form of |
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| inpatient care; or
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| (iii) in need of mental health services but not subject |
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| to inpatient care;
or
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| (iv) no longer in need of mental health services; or
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| (v) no longer requires placement in a secure setting.
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| Upon finding by the Court, the Court shall enter its |
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| findings and such
appropriate order as provided in subsections
|
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| subsection (a) and (a-1) of this Section.
|
5 |
| (e) A defendant admitted pursuant to this Section, or any |
6 |
| person on
his behalf, may file a petition for treatment plan |
7 |
| review, transfer to a
non-secure setting within the Department |
8 |
| of Human Services
or discharge or conditional release under the
|
9 |
| standards of this Section in the Court which rendered the |
10 |
| verdict. Upon
receipt of a petition for treatment plan review, |
11 |
| transfer to a non-secure
setting or discharge or conditional |
12 |
| release, the Court shall set a hearing to
be held within 120 |
13 |
| days. Thereafter, no new petition
may be filed for 180 days
|
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| without leave of the Court.
|
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| (f) The Court shall direct that notice of the time and |
16 |
| place of the
hearing be served upon the defendant, the facility |
17 |
| director, the State's
Attorney, and the defendant's attorney. |
18 |
| If requested by either the State or the
defense or if the Court |
19 |
| feels it is appropriate, an impartial examination
of the |
20 |
| defendant by a psychiatrist or clinical psychologist as defined |
21 |
| in
Section 1-103 of the Mental Health and Developmental |
22 |
| Disabilities Code who
is not in the employ of the Department of |
23 |
| Human Services shall be ordered, and
the report considered at
|
24 |
| the time of the hearing.
|
25 |
| (g) The findings of the Court shall be established by clear |
26 |
| and
convincing evidence. The burden of proof and the burden of |
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SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
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| going forth
with the evidence rest with the defendant or any |
2 |
| person on the defendant's
behalf when a hearing is held to |
3 |
| review
a petition filed by or on
behalf of the defendant. The |
4 |
| evidence shall be presented in open
Court
with the right of |
5 |
| confrontation and cross-examination.
Such evidence may |
6 |
| include, but is not limited to:
|
7 |
| (1) whether the defendant appreciates the harm caused |
8 |
| by the defendant to
others and the community by his or her |
9 |
| prior
conduct
that resulted in the finding of not guilty by |
10 |
| reason of insanity;
|
11 |
| (2) Whether the person appreciates the criminality of |
12 |
| conduct similar
similiar to
the conduct for which he or she |
13 |
| was originally charged in this matter;
|
14 |
| (3) the current state of
the defendant's illness;
|
15 |
| (4) what, if any, medications the defendant is taking |
16 |
| to
control his or her mental illness;
|
17 |
| (5) what, if any, adverse physical side effects
the |
18 |
| medication has on the defendant;
|
19 |
| (6) the length of time it would take for the |
20 |
| defendant's mental health to
deteriorate
if
the
defendant |
21 |
| stopped taking prescribed medication;
|
22 |
| (7) the defendant's history or potential for alcohol |
23 |
| and drug abuse;
|
24 |
| (8) the defendant's past criminal history;
|
25 |
| (9) any specialized physical or medical needs of the |
26 |
| defendant;
|
|
|
|
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LRB095 04443 RLC 24488 b |
|
|
1 |
| (10) any family participation or involvement expected |
2 |
| upon release and
what is the willingness and ability of the |
3 |
| family to participate or be
involved;
|
4 |
| (11) the defendant's potential to be a danger to |
5 |
| himself, herself, or
others; and
|
6 |
| (12) any other factor or factors the Court deems |
7 |
| appropriate.
|
8 |
| (h) Before the court orders that the defendant be |
9 |
| discharged or
conditionally released, it shall order the |
10 |
| facility director to establish a
discharge plan that includes a |
11 |
| plan for the defendant's shelter, support, and
medication. If |
12 |
| appropriate, the court shall order that the facility director
|
13 |
| establish a program to train the defendant in self-medication |
14 |
| under standards
established by the Department of Human |
15 |
| Services.
If the Court finds, consistent with the provisions of |
16 |
| this Section,
that the defendant is no longer in need of mental
|
17 |
| health services it shall order the facility director to |
18 |
| discharge the
defendant. If the Court finds, consistent with |
19 |
| the provisions of this
Section, that the defendant is in need |
20 |
| of mental
health services, and no longer in need of inpatient |
21 |
| care, it shall order
the facility director to release the |
22 |
| defendant under such conditions as the
Court deems appropriate |
23 |
| and as provided by this Section. Such conditional
release shall |
24 |
| be imposed for a period of 5 years as provided in
paragraph (1)
|
25 |
| (D) of subsection (a-1)
(a) and shall be
subject
to later |
26 |
| modification by the Court as provided by this Section. If the
|
|
|
|
SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
|
|
1 |
| Court finds consistent with the provisions in this Section that |
2 |
| the
defendant is in
need of mental health services on an |
3 |
| inpatient basis, it shall order the
facility director not to |
4 |
| discharge or release the defendant in accordance
with paragraph |
5 |
| (b) of this Section.
|
6 |
| (i) If within the period of the defendant's conditional |
7 |
| release
the State's Attorney determines that the defendant has |
8 |
| not fulfilled the
conditions of his or her release, the State's |
9 |
| Attorney may petition the
Court
to
revoke or modify the |
10 |
| conditional release of the defendant. Upon the filing of
such |
11 |
| petition the defendant may be remanded to the custody of the |
12 |
| Department,
or to any other mental health facility designated |
13 |
| by the Department, pending
the resolution of the petition. |
14 |
| Nothing in this Section shall prevent the
emergency admission |
15 |
| of a defendant pursuant to Article VI of Chapter III of the
|
16 |
| Mental Health
and Developmental Disabilities Code or the |
17 |
| voluntary admission of the defendant
pursuant to Article IV of |
18 |
| Chapter III of the Mental Health and Developmental
Disabilities
|
19 |
| Code. If
the Court determines, after hearing evidence, that the |
20 |
| defendant has
not fulfilled the conditions of release, the |
21 |
| Court shall order a hearing
to be held consistent with the |
22 |
| provisions of paragraph (f) and (g) of this
Section. At such |
23 |
| hearing, if the Court finds that the defendant is in need of |
24 |
| mental health services on an inpatient
basis, it shall enter an |
25 |
| order remanding him or her to the Department of
Human Services |
26 |
| or other
facility. If the defendant is remanded to the |
|
|
|
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LRB095 04443 RLC 24488 b |
|
|
1 |
| Department of Human Services, he
or she shall be placed in
a |
2 |
| secure setting unless the Court
determines that there are |
3 |
| compelling reasons that such placement is not
necessary. If the
|
4 |
| Court finds that the defendant continues to be in need of |
5 |
| mental health
services but not on an inpatient basis, it may |
6 |
| modify the conditions of
the original release in order to |
7 |
| reasonably assure the defendant's satisfactory
progress in |
8 |
| treatment and his or her safety and the safety of others in
|
9 |
| accordance with the standards established in paragraph (1) (D) |
10 |
| of subsection (a-1)
(a) . Nothing in
this Section shall limit a |
11 |
| Court's contempt powers or any other powers of a
Court.
|
12 |
| (j) An order of admission under this Section does not |
13 |
| affect the
remedy of habeas corpus.
|
14 |
| (k) In the event of a conflict between this Section and the |
15 |
| Mental Health
and Developmental Disabilities Code or the Mental |
16 |
| Health and Developmental
Disabilities Confidentiality Act, the |
17 |
| provisions of this Section shall govern.
|
18 |
| (l) This amendatory Act shall apply to all persons who have |
19 |
| been found
not guilty by reason of insanity and who are |
20 |
| presently committed to the
Department of Mental Health and |
21 |
| Developmental Disabilities (now the
Department of Human |
22 |
| Services).
|
23 |
| (m) The Clerk of the Court shall, after the entry of an |
24 |
| order of transfer
to a non-secure setting of the Department of |
25 |
| Human Services or discharge or
conditional release, transmit
a |
26 |
| certified
copy of the order to the Department of Human |
|
|
|
SB0386 Engrossed |
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LRB095 04443 RLC 24488 b |
|
|
1 |
| Services, and the sheriff of the
county from which the
|
2 |
| defendant was
admitted.
The Clerk of the Court shall also |
3 |
| transmit a certified copy of the order of
discharge or |
4 |
| conditional release to the Illinois Department of State Police, |
5 |
| to
the proper law enforcement agency for the municipality
where |
6 |
| the offense took
place, and to the sheriff of the county into |
7 |
| which the defendant is
conditionally discharged. The Illinois |
8 |
| Department of State Police shall
maintain a
centralized record |
9 |
| of discharged or conditionally released defendants while
they |
10 |
| are under court supervision for access and use of appropriate |
11 |
| law
enforcement agencies.
|
12 |
| (Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03; revised |
13 |
| 9-15-06.)
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.
|