SB1418eng 95TH GENERAL ASSEMBLY

SB1418 Engrossed LRB095 04444 RLC 24489 b

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 104-17.5 as follows:

(725 ILCS 5/104-17.5 new)

Sec. 104-17.5. Fitness for trial; administration of authorized involuntary medication upon application to a court.

(a) Generally. Involuntary medication may be administered to an adult defendant without the informed consent of the defendant by order of the circuit court pursuant to the procedures and standards set forth in this Section. Notwithstanding any other provisions of this Section, a defendant in the custody of the Department of Human Services may also be administered medication as provided in the Mental Health and Developmental Disabilities Code. A defendant in the custody of the Department of Corrections may also be administered medication as provided in the rules and regulations of the Department of Corrections.

(b) Definition. For purposes of this Section, "authorized involuntary medication" means:

(1) Psychotropic medication whose use for anti-psychotic, antidepressant, anti-manic, anti-anxiety, behavioral modification, or behavioral management purposes is listed in the latest edition of the AMA Drug Evaluations or Physician's Desk Reference or that is administered for any of these purposes.

(2) Tests and other related procedures that are essential for the safe and effective administration of a psychotropic medication.

(c) Petition. The State on behalf of a facility director may petition the circuit court for an order authorizing the administration of authorized involuntary medication to a defendant. The petition shall include:

(1) A copy of the defendant's power of attorney for health care under the Illinois Power of Attorney Act, a declaration for mental health under the Mental Health Treatment Preference Declaration Act, or a statement by the petitioner that a good faith attempt was made to determine whether such instruments exist and that none were found to exist.

(2) A treatment plan with diagnosis, proposed medications and their dosages and side effects, any alternative medications and their dosages and side effects, testing and procedures essential for the safe and effective administration of the authorized involuntary medication, and the staff members responsible for implementing the treatment plan.

(3) If applicable, specific testing and procedures sought to be administered and a request that the court authorize such testing and procedures as may be essential for the safe and effective administration of the authorized involuntary medication sought to be administered.

(4) A statement that other, less restrictive services have been explored and found inappropriate or, taking account of less intrusive alternatives, the authorized involuntary medication is necessary to render the defendant fit.

If the defendant is in the custody of the Department of Human Services, the statement shall include a statement that the defendant was evaluated and could not be medicated under Section 2-102, 2-107, or 2-107.1 of the Mental Health and Developmental Disabilities Code.

(d) Service of petition and notice. No later than 7 days prior to the date of the hearing, the petitioner shall deliver a copy of the petition and notice of the time and place of the hearing to the defendant, his or her attorney, any known agent or attorney-in-fact, if any, and the guardian, if any. Service may be made by facsimile transmission, mail, or in person. Upon receipt of the petition and notice, the party served, or the person delivering the petition and notice to the party served, shall acknowledge service. If the sending party does not receive acknowledgment of service within 24 hours, service must be made by personal service.

(e) Hearing. The court shall hold a hearing within 14 days after the filing of the petition. The People or the petitioner shall be entitled to a continuance of not more than 7 days as of right. An additional continuance of not more than 7 days may be granted to any party (i) upon a showing that the continuance is needed in order to adequately prepare for or present evidence in a hearing under this Section or (ii) under exceptional circumstances. The court may grant an additional continuance not to exceed 21 days when, in its discretion, the court determines that such a continuance is necessary to provide the defendant an examination, a trial by jury, or substitution of counsel as provided for by the Illinois Supreme Court Rules.

(f) Evidence. Authorized involuntary medication shall not be administered to the defendant unless it has been determined by clear and convincing evidence that all of the following factors are present:

(1) The defendant has a serious mental illness or developmental disability.

(2) The authorized involuntary medication is medically appropriate.

(3) The authorized involuntary medication is substantially likely to render the defendant fit to stand trial.

(4) The authorized involuntary medication is substantially unlikely to have side effects that may undermine the fairness of the trial.

(5) Other, less restrictive services have been explored and found inappropriate or, taking account of less intrusive alternatives, the authorized involuntary medication is necessary significantly to further important governmental trial-related interests (seriousness of charge, need for timely adjudication of guilt, and risk of unadjudicated release if not tried).

(6) If the petition seeks authorization for testing and other procedures, such testing and procedures are essential for the safe and effective administration of the medication.

(g) Order. An order issued under this Section shall designate the persons authorized to administer the authorized involuntary medication under the standards and procedures of this Section. Those persons shall have complete discretion not to administer any medication authorized under this Section. The order shall also specify the medication and the anticipated range of dosages that have been authorized and may include a list of any alternative medications and range of dosages deemed necessary. Alternatively, the court may order the proposed treatment plan that was presented in the petition.

(h) Duration of order. In no event shall an order issued under this Section be effective for more than 90 days. A second 90-day period of involuntary medication may be authorized pursuant to this Section. Thereafter, additional 180-day periods of involuntary medication may be authorized pursuant to the standards and procedures of this Section without limit. If a new petition is filed at least 15 days prior to the expiration of the prior order and the defendant agrees to a hearing continuance, the administration of the medication may continue in accordance with the prior order pending the completion of a hearing under this Section.

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