SB0073 EngrossedLRB097 02906 RLC 42930 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 104-17 as follows:
 
6    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
7    Sec. 104-17. Commitment for Treatment; Treatment Plan.
8    (a) If the defendant is eligible to be or has been released
9on bail or on his own recognizance, the court shall select the
10least physically restrictive form of treatment therapeutically
11appropriate and consistent with the treatment plan.
12    (b) If the defendant's disability is mental, the court may
13order him placed for treatment in the custody of the Department
14of Human Services, or the court may order him placed in the
15custody of any other appropriate public or private mental
16health facility or treatment program which has agreed to
17provide treatment to the defendant. If the defendant is placed
18in the custody of the Department of Human Services, the
19defendant shall be placed in a secure setting unless the court
20determines that there are compelling reasons why such placement
21is not necessary or if the defendant is charged with a
22misdemeanor and the Department of Human Services determines
23that the defendant could be appropriately placed in a

 

 

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1non-secure setting operated by the Department of Human
2Services. During the period of time required to determine the
3appropriate placement the defendant shall remain in jail. If
4upon the completion of the placement process the Department of
5Human Services determines that the defendant is currently fit
6to stand trial, it shall immediately notify the court and shall
7submit a written report within 7 days. In that circumstance the
8placement shall be held pending a court hearing on the
9Department's report. Otherwise, upon completion of the
10placement process, the sheriff shall be notified and shall
11transport the defendant to the designated facility. The
12placement may be ordered either on an inpatient or an
13outpatient basis.
14    (c) If the defendant's disability is physical, the court
15may order him placed under the supervision of the Department of
16Human Services which shall place and maintain the defendant in
17a suitable treatment facility or program, or the court may
18order him placed in an appropriate public or private facility
19or treatment program which has agreed to provide treatment to
20the defendant. The placement may be ordered either on an
21inpatient or an outpatient basis.
22    (d) The clerk of the circuit court shall transmit to the
23Department, agency or institution, if any, to which the
24defendant is remanded for treatment, the following:
25        (1) a certified copy of the order to undergo treatment;
26        (2) the county and municipality in which the offense

 

 

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1    was committed;
2        (3) the county and municipality in which the arrest
3    took place;
4        (4) a copy of the arrest report, criminal charges,
5    arrest record, jail record, and the report prepared under
6    Section 104-15; and
7        (5) all additional matters which the Court directs the
8    clerk to transmit.
9    (e) Within 30 days of entry of an order to undergo
10treatment, the person supervising the defendant's treatment
11shall file with the court, the State, and the defense a report
12assessing the facility's or program's capacity to provide
13appropriate treatment for the defendant and indicating his
14opinion as to the probability of the defendant's attaining
15fitness within a period of one year from the date of the
16finding of unfitness. If the report indicates that there is a
17substantial probability that the defendant will attain fitness
18within the time period, the treatment supervisor shall also
19file a treatment plan which shall include:
20        (1) A diagnosis of the defendant's disability;
21        (2) A description of treatment goals with respect to
22    rendering the defendant fit, a specification of the
23    proposed treatment modalities, and an estimated timetable
24    for attainment of the goals;
25        (3) An identification of the person in charge of
26    supervising the defendant's treatment.

 

 

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1(Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.