HB3616 EngrossedLRB102 11834 RLC 17169 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. The
12placement may be ordered either on an inpatient or an
13outpatient basis. The court shall order that the placement be
14on an outpatient basis unless the court determines: (1) that
15outpatient treatment will not provide reasonable assurances
16for the safety of the defendant and others or provide
17reasonable assurances that the defendant can be restored to
18fitness on an outpatient basis, or (2) that clinically
19appropriate outpatient treatment is not accessible, or
20optimal, due to cost, waiting lists, treatment limits, or
21other barriers. If the court determines that placement on an
22outpatient basis is not appropriate (b) If the defendant's
23disability is mental, the court shall may order the defendant

 

 

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1him placed for treatment in the custody of the Department of
2Human Services which shall place and maintain the defendant in
3a suitable treatment facility or program, or the court may
4order him or her placed in the custody of any other appropriate
5public or private inpatient mental health facility or
6treatment program which has agreed to provide treatment to the
7defendant. Unless there are no beds available in a
8State-operated facility, the defendant shall be placed in such
9a facility. If the court determines that placement on an
10outpatient basis is appropriate, the court shall order the
11defendant placed in the custody of any appropriate public or
12private outpatient treatment program which has been approved
13by the Department of Human Services and has agreed to provide
14treatment to the defendant.
15    (b) If the defendant is in custody and If the court orders
16the defendant placed in the custody of the Department of Human
17Services, the Department shall evaluate the defendant to
18determine to which secure facility the defendant shall be
19transported and, within 20 days of the transmittal by the
20clerk of the circuit court of the placement court order,
21notify the sheriff of the designated facility. Upon receipt of
22that notice, the sheriff shall promptly transport the
23defendant to the designated facility. If the defendant is
24placed in the custody of the Department of Human Services, the
25defendant shall be placed in a secure setting. During the
26period of time required to determine the appropriate placement

 

 

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1the defendant shall remain in jail. If during the course of
2evaluating the defendant for placement, the Department of
3Human Services determines that the defendant is currently fit
4to stand trial, it shall immediately notify the court and
5shall submit a written report within 7 days. In that
6circumstance the placement shall be held pending a court
7hearing on the Department's report. Otherwise, upon completion
8of the placement process, the sheriff shall be notified and
9shall transport the defendant to the designated facility. If,
10within 20 days of the transmittal by the clerk of the circuit
11court of the placement court order, the Department fails to
12notify the sheriff of the identity of the facility to which the
13defendant shall be transported, the sheriff shall contact a
14designated person within the Department to inquire about when
15a placement will become available at the designated facility
16and bed availability at other facilities. If, within 20 days
17of the transmittal by the clerk of the circuit court of the
18placement court order, the Department fails to notify the
19sheriff of the identity of the facility to which the defendant
20shall be transported, the sheriff shall notify the Department
21of its intent to transfer the defendant to the nearest secure
22mental health facility operated by the Department and inquire
23as to the status of the placement evaluation and availability
24for admission to such facility operated by the Department by
25contacting a designated person within the Department. The
26Department shall respond to the sheriff within 2 business days

 

 

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1of the notice and inquiry by the sheriff seeking the transfer
2and the Department shall provide the sheriff with the status
3of the evaluation, information on bed and placement
4availability, and an estimated date of admission for the
5defendant and any changes to that estimated date of admission.
6If the Department notifies the sheriff during the 2 business
7day period of a facility operated by the Department with
8placement availability, the sheriff shall promptly transport
9the defendant to that facility. If the Department determines
10that a defendant, who has been placed in the Department's
11custody for treatment on an inpatient basis, can be treated on
12an outpatient basis, the Department shall provide written
13notification to the court, the State's Attorney, and counsel
14for defendant of that determination, which notification shall
15set forth in detail the basis for the Department's
16determination. If the court determines: (1) that outpatient
17treatment will provide reasonable assurances for the safety of
18the defendant and others and provides reasonable assurances
19that the defendant can be restored to fitness on an outpatient
20basis, or (2) that clinically appropriate outpatient treatment
21is not accessible, or optimal, due to cost, waiting lists,
22treatment limits or other barriers, the court shall order the
23defendant to undergo treatment on an outpatient basis as
24provided in subsection (a) of this Section The placement may
25be ordered either on an inpatient or an outpatient basis.
26    (c) If the defendant is not in custody and the court orders

 

 

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1the defendant placed in the custody of the Department of Human
2Services, the Department shall notify the defendant of the
3facility to which he or she must report and the date and time
4that the defendant must report to that facility. If the
5defendant fails to report to the facility, the Department
6shall notify the sheriff who shall transport the defendant to
7the designated facility. If the defendant's disability is
8physical, the court may order him placed under the supervision
9of the Department of Human Services which shall place and
10maintain the defendant in a suitable treatment facility or
11program, or the court may order him placed in an appropriate
12public or private facility or treatment program which has
13agreed to provide treatment to the defendant. The placement
14may be ordered either on an inpatient or an outpatient basis.
15    (c-5) If the defendant has been placed in an outpatient
16treatment program, that program shall promptly notify the
17court, the Department, the State's Attorney and counsel for
18defendant should the defendant fail to comply with the
19provisions of the court order for treatment or should the
20defendant no longer be appropriate for outpatient fitness
21restoration. If the court determines that outpatient treatment
22is no longer appropriate pursuant to the standard in
23subsection (a), the court shall order the defendant to receive
24treatment on an inpatient basis as provided in subsection (c).
25Nothing in this Section shall limit a court's contempt powers
26or any other powers of a court.

 

 

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1    (d) The clerk of the circuit court shall within 5 days of
2the entry of the order transmit to the Department, agency or
3institution, if any, to which the defendant is remanded for
4treatment, the following:
5        (1) a certified copy of the order to undergo
6    treatment. Accompanying the certified copy of the order to
7    undergo treatment shall be the complete copy of any report
8    prepared under Section 104-15 of this Code or other report
9    prepared by a forensic examiner for the court;
10        (2) the county and municipality in which the offense
11    was committed;
12        (3) the county and municipality in which the arrest
13    took place;
14        (4) a copy of the arrest report, criminal charges,
15    arrest record; and
16        (5) all additional matters which the Court directs the
17    clerk to transmit.
18    (e) Within 30 days of entry of an order to undergo
19treatment, the person supervising the defendant's treatment
20shall file with the court, the State, and the defense a report
21assessing the facility's or program's capacity to provide
22appropriate treatment for the defendant and indicating his
23opinion as to the probability of the defendant's attaining
24fitness within a period of time from the date of the finding of
25unfitness. For a defendant charged with a felony, the period
26of time shall be one year. For a defendant charged with a

 

 

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1misdemeanor, the period of time shall be no longer than the
2sentence if convicted of the most serious offense. If the
3report indicates that there is a substantial probability that
4the defendant will attain fitness within the time period, the
5treatment supervisor shall also file a treatment plan which
6shall include:
7        (1) A diagnosis of the defendant's disability;
8        (2) A description of treatment goals with respect to
9    rendering the defendant fit, a specification of the
10    proposed treatment modalities, and an estimated timetable
11    for attainment of the goals;
12        (3) An identification of the person in charge of
13    supervising the defendant's treatment.
14(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)