Illinois General Assembly - Full Text of SB1938
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Full Text of SB1938  99th General Assembly




SB1938 EnrolledLRB099 09944 RLC 30162 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 Sections 104-17 and 104-20 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. During the
20period of time required to determine the appropriate placement
21the defendant shall remain in jail. If upon the completion of
22the placement process the Department of Human Services
23determines that the defendant is currently fit to stand trial,



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1it shall immediately notify the court and shall submit a
2written report within 7 days. In that circumstance the
3placement shall be held pending a court hearing on the
4Department's report. Otherwise, upon completion of the
5placement process, the sheriff shall be notified and shall
6transport the defendant to the designated facility. The
7placement may be ordered either on an inpatient or an
8outpatient basis.
9    (c) If the defendant's disability is physical, the court
10may order him placed under the supervision of the Department of
11Human Services which shall place and maintain the defendant in
12a suitable treatment facility or program, or the court may
13order him placed in an appropriate public or private facility
14or treatment program which has agreed to provide treatment to
15the defendant. The placement may be ordered either on an
16inpatient or an outpatient basis.
17    (d) The clerk of the circuit court shall transmit to the
18Department, agency or institution, if any, to which the
19defendant is remanded for treatment, the following:
20        (1) a certified copy of the order to undergo treatment.
21    Accompanying the certified copy of the order to undergo
22    treatment shall be the complete copy of any report prepared
23    under Section 104-15 of this Code or other report prepared
24    by a forensic examiner for the court;
25        (2) the county and municipality in which the offense
26    was committed;



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1        (3) the county and municipality in which the arrest
2    took place;
3        (4) a copy of the arrest report, criminal charges,
4    arrest record, jail record, and the report prepared under
5    Section 104-15; and
6        (5) all additional matters which the Court directs the
7    clerk to transmit.
8    (e) Within 30 days of entry of an order to undergo
9treatment, the person supervising the defendant's treatment
10shall file with the court, the State, and the defense a report
11assessing the facility's or program's capacity to provide
12appropriate treatment for the defendant and indicating his
13opinion as to the probability of the defendant's attaining
14fitness within a period of time from the date of the finding of
15unfitness. For a defendant charged with a felony, the period of
16time shall be one year. For a defendant charged with a
17misdemeanor, the period of time shall be no longer than the
18sentence if convicted of the most serious offense. If the
19report indicates that there is a substantial probability that
20the defendant will attain fitness within the time period, the
21treatment supervisor shall also file a treatment plan which
22shall include:
23        (1) A diagnosis of the defendant's disability;
24        (2) A description of treatment goals with respect to
25    rendering the defendant fit, a specification of the
26    proposed treatment modalities, and an estimated timetable



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1    for attainment of the goals;
2        (3) An identification of the person in charge of
3    supervising the defendant's treatment.
4(Source: P.A. 98-1025, eff. 8-22-14.)
5    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
6    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)
7    (a) Upon entry or continuation of any order to undergo
8treatment, the court shall set a date for hearing to reexamine
9the issue of the defendant's fitness not more than 90 days
10thereafter. In addition, whenever the court receives a report
11from the supervisor of the defendant's treatment pursuant to
12subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
13court shall forthwith set the matter for a first hearing within
1414 days unless good cause is demonstrated why the hearing
15cannot be held. On the date set or upon conclusion of the
16matter then pending before it, the court, sitting without a
17jury, shall conduct a hearing, unless waived by the defense,
18and shall determine:
19        (1) Whether the defendant is fit to stand trial or to
20    plead; and if not,
21        (2) Whether the defendant is making progress under
22    treatment toward attainment of fitness within the time
23    period set in subsection (e) of Section 104-17 of this Code
24    from the date of the original finding of unfitness.
25    (b) If the court finds the defendant to be fit pursuant to



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1this Section, the court shall set the matter for trial;
2provided that if the defendant is in need of continued care or
3treatment and the supervisor of the defendant's treatment
4agrees to continue to provide it, the court may enter any order
5it deems appropriate for the continued care or treatment of the
6defendant by the facility or program pending the conclusion of
7the criminal proceedings.
8    (c) If the court finds that the defendant is still unfit
9but that he is making progress toward attaining fitness, the
10court may continue or modify its original treatment order
11entered pursuant to Section 104-17.
12    (d) If the court finds that the defendant is still unfit
13and that he is not making progress toward attaining fitness
14such that there is not a substantial probability that he will
15attain fitness within the time period set in subsection (e) of
16Section 104-17 of this Code from the date of the original
17finding of unfitness, the court shall proceed pursuant to
18Section 104-23. However, if the defendant is in need of
19continued care and treatment and the supervisor of the
20defendant's treatment agrees to continue to provide it, the
21court may enter any order it deems appropriate for the
22continued care or treatment by the facility or program pending
23the conclusion of the criminal proceedings.
24    (e) If the court finds that the defendant is still unfit
25after being recommended as fit by the supervisor of the
26defendant's treatment, the court shall attach a copy of any



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1written report that identifies the factors in the finding that
2the defendant continues to be unfit, prepared by a licensed
3physician, clinical psychologist, or psychiatrist, to the
4court order remanding the person for further treatment.
5(Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)