HB3764 103RD GENERAL ASSEMBLY

LRB103 27307 RLC 53678 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3764

Introduced 2/17/2023, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

725 ILCS 5/104-17

from Ch. 38, par. 104-17

Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.

A BILL FOR

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 changing Section 104-17 as follows:

(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

Sec. 104-17. Commitment for treatment; treatment plan.

(a) If the defendant is eligible to be or has been released on pretrial release or on his own recognizance, the court shall select the least physically restrictive form of treatment therapeutically appropriate and consistent with the treatment plan. The placement may be ordered either on an inpatient or an outpatient basis. The court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers. If the court determines that placement on an outpatient basis is not appropriate (b) If the defendant's disability is mental, the court shall may order the defendant him placed for secure treatment in the custody of the Department of Human Services which shall place and maintain the defendant in a suitable treatment facility or program, or the court may order him or her placed in the custody of any other appropriate public or private inpatient mental health facility or treatment program which has agreed to provide treatment to the defendant. Unless there are no beds available in a State-operated facility, the defendant shall be placed in such a facility. If the court determines that placement on an outpatient basis is appropriate, the court shall order the defendant placed in the custody of any appropriate public or private outpatient treatment program which has been approved by the Department of Human Services and has agreed to provide treatment to the defendant.

(b) If the defendant is in custody and If the most serious charge faced by the defendant is a misdemeanor, the court shall order outpatient treatment, unless the court finds good cause on the record to order inpatient treatment. If the court orders the defendant to inpatient treatment in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine the most appropriate secure facility to receive the defendant and, within 20 days of the transmittal by the clerk of the circuit court of the court's placement order, notify the court of the designated facility to receive the defendant. The Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. If placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. Once bed and placement availability is determined, the Department shall notify the sheriff who shall promptly transport the defendant to the designated facility. If the defendant is placed in the custody of the Department of Human Services, the defendant shall be placed in a secure setting. During the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail. If during the course of evaluating the defendant for placement, the Department of Human Services determines that the defendant is currently fit to stand trial, it shall immediately notify the court and shall submit a written report within 7 days. In that circumstance the placement shall be held pending a court hearing on the Department's report. Otherwise, upon completion of the placement process, including identifying bed and placement availability, the sheriff shall be notified and shall transport the defendant to the designated facility. If, within 60 days of the transmittal by the clerk of the circuit court of the court's placement order, the Department fails to provide the sheriff with notice of bed and placement availability at the designated facility, the sheriff shall contact the Department to inquire about when a placement will become available at the designated facility as well as bed and placement availability at other secure facilities. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility. If the Department determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. If the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis as provided in subsection (a) of this Section The placement may be ordered either on an inpatient or an outpatient basis.

(c) If the defendant is not in custody and the court orders the defendant placed in the custody of the Department of Human Services, the Department shall notify the defendant of the facility to which he or she must report and the date and time that the defendant must report to that facility. If the defendant fails to report to the facility, the Department shall notify the sheriff who shall transport the defendant to the designated facility. If the defendant's disability is physical, the court may order him placed under the supervision of the Department of Human Services which shall place and maintain the defendant in a suitable treatment facility or program, or the court may order him placed in an appropriate public or private facility or treatment program which has agreed to provide treatment to the defendant. The placement may be ordered either on an inpatient or an outpatient basis.

(c-5) If the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. If the court determines that outpatient treatment is no longer appropriate pursuant to the standard in subsection (a), the court shall order the defendant to receive treatment on an inpatient basis as provided in subsection (c). Nothing in this Section shall limit a court's contempt powers or any other powers of a court.

(d) The clerk of the circuit court shall within 5 days of the entry of the order transmit to the Department, agency or institution, if any, to which the defendant is remanded for treatment, the following:

(1) a certified copy of the order to undergo treatment. Accompanying the certified copy of the order to undergo treatment shall be the complete copy of any report prepared under Section 104-15 of this Code or other report prepared by a forensic examiner for the court;

(2) the county and municipality in which the offense was committed;

(3) the county and municipality in which the arrest took place;

(4) a copy of the arrest report, criminal charges, arrest record; and

(5) all additional matters which the Court directs the clerk to transmit.

(e) Within 30 days of admission to the designated facility, the person supervising the defendant's treatment shall file with the court, the State, and the defense a report assessing the facility's or program's capacity to provide appropriate treatment for the defendant and indicating his opinion as to the probability of the defendant's attaining fitness within a period of time from the date of the finding of unfitness. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the sentence if convicted of the most serious offense. If the report indicates that there is a substantial probability that the defendant will attain fitness within the time period, the treatment supervisor shall also file a treatment plan which shall include:

(1) A diagnosis of the defendant's disability;

(2) A description of treatment goals with respect to rendering the defendant fit, a specification of the proposed treatment modalities, and an estimated timetable for attainment of the goals;

(3) An identification of the person in charge of supervising the defendant's treatment.

(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)