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| | SB0074 Engrossed | | LRB097 02739 RLC 42760 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 104-20 as follows:
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| 6 | | (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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| 7 | | Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) |
| 8 | | (a) Upon entry
or continuation of any order to undergo |
| 9 | | treatment, the court shall set a
date for hearing to reexamine |
| 10 | | the issue of the defendant's fitness not more
than 90 days |
| 11 | | thereafter. In addition, whenever the court receives a report
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| 12 | | from the supervisor of the defendant's treatment pursuant to |
| 13 | | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the |
| 14 | | court shall forthwith
set the matter for a first hearing within |
| 15 | | 14 21 days unless good cause is demonstrated why the hearing |
| 16 | | cannot be held. On the date set or upon conclusion of the |
| 17 | | matter
then pending before it, the court, sitting without a |
| 18 | | jury, shall conduct
a hearing, unless waived by the defense, |
| 19 | | and shall determine:
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| 20 | | (1) Whether the defendant is fit to stand trial or to |
| 21 | | plead; and if not,
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| 22 | | (2) Whether the defendant is making progress under |
| 23 | | treatment toward attainment
of fitness within one year from |
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| | SB0074 Engrossed | - 2 - | LRB097 02739 RLC 42760 b |
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| 1 | | the date of the original finding
of unfitness.
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| 2 | | (b) If the court finds the defendant to be fit pursuant to |
| 3 | | this Section,
the court shall set the matter for trial; |
| 4 | | provided that if the defendant
is in need of continued care or |
| 5 | | treatment and the supervisor of the defendant's
treatment |
| 6 | | agrees to continue to provide it, the court may enter any order
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| 7 | | it deems appropriate for the continued care or treatment of the |
| 8 | | defendant
by the facility or program pending the conclusion of |
| 9 | | the criminal proceedings.
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| 10 | | (c) If the court finds that the defendant is still unfit |
| 11 | | but that he is
making progress toward attaining fitness, the |
| 12 | | court may continue or modify
its original treatment order |
| 13 | | entered pursuant to Section 104-17.
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| 14 | | (d) If the court finds that the defendant is still unfit |
| 15 | | and that he is
not making progress toward attaining fitness |
| 16 | | such that there is not a
substantial probability that he will |
| 17 | | attain fitness within one year from
the date of the original |
| 18 | | finding of unfitness, the court shall proceed pursuant
to |
| 19 | | Section 104-23. However, if the defendant is in need of |
| 20 | | continued care
and treatment and the supervisor of the |
| 21 | | defendant's treatment agrees to
continue to provide it, the |
| 22 | | court may enter any order it deems appropriate
for the |
| 23 | | continued care or treatment by the facility or program pending |
| 24 | | the
conclusion of the criminal proceedings.
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| 25 | | (Source: P.A. 94-191, eff. 7-12-05.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |