Full Text of SB2204 94th General Assembly
SB2204ham002 94TH GENERAL ASSEMBLY
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Rep. Paul D. Froehlich
Filed: 3/28/2006
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| AMENDMENT TO SENATE BILL 2204
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| AMENDMENT NO. ______. Amend Senate Bill 2204, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Mental Health and Developmental | 6 |
| Disabilities Code is amended by changing Section 2-107.1 as | 7 |
| follows:
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| (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
| 9 |
| Sec. 2-107.1. Administration of authorized involuntary | 10 |
| treatment upon
application to a court.
| 11 |
| (a) An adult recipient of services and the recipient's | 12 |
| guardian, if the
recipient is under guardianship, and the | 13 |
| substitute decision
maker, if any, shall be informed of the | 14 |
| recipient's right to refuse medication.
The recipient and the | 15 |
| recipient's guardian or substitute
decision maker shall be | 16 |
| given the opportunity to refuse generally accepted
mental | 17 |
| health or developmental disability services, including
but not | 18 |
| limited to medication.
| 19 |
| (a-5) Notwithstanding the provisions of Section 2-107 of | 20 |
| this
Code, authorized
involuntary treatment may be | 21 |
| administered to an adult recipient of
services without the | 22 |
| informed consent of the recipient under the following
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| standards:
| 24 |
| (1) Any person 18 years of age or older, including any |
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| guardian, may
petition the circuit court for an order | 2 |
| authorizing the administration of
authorized involuntary | 3 |
| treatment to a recipient
of services.
The petition shall | 4 |
| state that the petitioner has made a good faith attempt to
| 5 |
| determine whether the recipient has executed a power of | 6 |
| attorney for health
care under the Powers of Attorney for | 7 |
| Health Care Law or a declaration for
mental health | 8 |
| treatment under the Mental Health Treatment Preference
| 9 |
| Declaration Act and to obtain copies of these instruments | 10 |
| if they exist. If
either of the above-named instruments is | 11 |
| available to the petitioner, the
instrument or a copy of | 12 |
| the instrument shall be attached to the petition as
an | 13 |
| exhibit.
The petitioner shall deliver a copy of the | 14 |
| petition, and notice of the time
and place of the hearing, | 15 |
| to the respondent, his or her attorney, any known
agent or
| 16 |
| attorney-in-fact, if any, and the
guardian, if any, no | 17 |
| later than 3 days prior to the date of the
hearing.
Service | 18 |
| of the petition and notice of the time and place of the | 19 |
| hearing may
be made by transmitting them via facsimile | 20 |
| machine to the
respondent or other party. Upon receipt of | 21 |
| the petition and notice, the party
served, or the person | 22 |
| delivering the petition and notice to
the party served, | 23 |
| shall acknowledge service. If the party sending the | 24 |
| petition
and notice does not receive acknowledgement of | 25 |
| service
within 24 hours, service must be made by personal | 26 |
| service.
| 27 |
| The
petition may include a request that the court | 28 |
| authorize such testing and
procedures as may be essential | 29 |
| for the safe and effective administration of the
authorized | 30 |
| involuntary treatment sought to be
administered, but only | 31 |
| where the
petition
sets forth the specific testing and | 32 |
| procedures sought to be administered.
| 33 |
| If a hearing is requested to be held immediately | 34 |
| following the hearing on
a petition for
involuntary |
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| admission, then the notice requirement shall be the same as | 2 |
| that
for the hearing on
the petition for involuntary | 3 |
| admission, and the petition filed pursuant to this
Section | 4 |
| shall be filed
with the petition for involuntary admission.
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| (2) The court shall hold a hearing within 7 days of the | 6 |
| filing
of the petition. The People, the petitioner, or the | 7 |
| respondent shall be
entitled
to a continuance of up to 7 | 8 |
| days as of right. An additional
continuance of not more | 9 |
| than 7 days may be granted to
any party (i)
upon a showing | 10 |
| that the continuance is needed in order
to adequately
| 11 |
| prepare for or present evidence in a hearing under this | 12 |
| Section or
(ii) under exceptional circumstances. The court | 13 |
| may
grant an additional continuance
not to exceed 21 days | 14 |
| when, in its discretion, the court determines that such a
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| continuance is necessary in order to provide the recipient | 16 |
| with an examination
pursuant to Section 3-803 or 3-804 of | 17 |
| this Act, to provide the recipient with a
trial by jury as | 18 |
| provided in Section 3-802 of this Act, or to arrange for | 19 |
| the
substitution of counsel as provided for by the Illinois | 20 |
| Supreme Court Rules.
The hearing shall be
separate from a | 21 |
| judicial proceeding held to determine whether a person is
| 22 |
| subject to involuntary admission but may be heard | 23 |
| immediately preceding or
following such a judicial | 24 |
| proceeding and may be heard by the same trier of fact
or | 25 |
| law as in that judicial proceeding.
| 26 |
| (3) Unless otherwise provided herein, the procedures | 27 |
| set forth in
Article VIII of Chapter 3 of this Act, | 28 |
| including the provisions regarding
appointment of counsel, | 29 |
| shall govern hearings held under this subsection
(a-5).
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| (4) Authorized involuntary treatment shall
not be | 31 |
| administered to the recipient
unless
it has been determined | 32 |
| by clear and convincing evidence that all of
the following | 33 |
| factors are present . In determining whether a person meets | 34 |
| the criteria specified in the following paragraphs (A) |
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| through (G), the court may consider evidence of the | 2 |
| person's history of serious violence, repeated past | 3 |
| pattern of specific behavior, actions related to the | 4 |
| person's illness, or past outcomes of various treatment | 5 |
| options.
:
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| (A) That the recipient has a serious mental illness | 7 |
| or
developmental disability.
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| (B) That because of said mental illness or | 9 |
| developmental disability,
the recipient currently | 10 |
| exhibits any one of the following: (i)
deterioration of | 11 |
| his
or her ability to function, as compared to the | 12 |
| recipient's ability to
function prior to the current | 13 |
| onset of symptoms of the mental illness or
disability | 14 |
| for which treatment is presently sought, (ii) | 15 |
| suffering, or (iii)
threatening
behavior.
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| (C) That the illness or disability has existed for | 17 |
| a period marked by
the continuing presence of the | 18 |
| symptoms set forth in item (B) of this
subdivision (4) | 19 |
| or the repeated episodic occurrence of these symptoms.
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| (D) That the benefits of the treatment
outweigh the | 21 |
| harm.
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| (E) That the recipient lacks the capacity to make a
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| reasoned
decision about the treatment.
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| (F) That other less restrictive services have been | 25 |
| explored
and found inappropriate.
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| (G) If the petition seeks authorization for | 27 |
| testing and other
procedures,
that such testing and | 28 |
| procedures are essential for the safe and effective
| 29 |
| administration of the treatment.
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| (5) In no event shall an order issued under this | 31 |
| Section be effective
for more than 90 days.
A second 90-day | 32 |
| period of involuntary treatment may be authorized pursuant | 33 |
| to
a hearing that
complies
with the standards and | 34 |
| procedures of this subsection (a-5).
Thereafter, |
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| additional 180-day periods of involuntary treatment may be
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| authorized pursuant to
the standards and procedures of this | 3 |
| Section without limit.
If a new petition to authorize the | 4 |
| administration of authorized involuntary
treatment is | 5 |
| filed at least 15 days prior to the
expiration of the prior | 6 |
| order, and if
any continuance of the hearing is agreed to | 7 |
| by the recipient, the
administration of the treatment may | 8 |
| continue in accordance
with
the prior order
pending the | 9 |
| completion of a hearing under this Section.
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| (6) An order issued under this subsection (a-5) shall
| 11 |
| designate the persons
authorized to administer the | 12 |
| authorized involuntary treatment under the
standards
and | 13 |
| procedures of this subsection (a-5).
Those persons shall | 14 |
| have complete discretion not to administer any
treatment | 15 |
| authorized under this Section.
The order shall also specify | 16 |
| the medications and the anticipated range of
dosages that | 17 |
| have been authorized and may include a list of any | 18 |
| alternative
medications and range of dosages deemed | 19 |
| necessary.
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| (b) A guardian may be authorized to consent to the | 21 |
| administration
of authorized involuntary treatment to an
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| objecting recipient only under the
standards and procedures of | 23 |
| subsection (a-5).
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| (c) Notwithstanding any other provision of this Section, a | 25 |
| guardian may
consent to the administration of authorized | 26 |
| involuntary treatment to a
non-objecting
recipient under | 27 |
| Article XIa of the Probate Act of 1975.
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| (d) Nothing in this Section shall prevent the | 29 |
| administration of
authorized involuntary treatment to | 30 |
| recipients
in an emergency under Section 2-107 of
this Act.
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| (e) Notwithstanding any of the provisions of this Section, | 32 |
| authorized
involuntary treatment may be administered pursuant | 33 |
| to a power of attorney for
health care under the Powers of | 34 |
| Attorney for Health Care Law or a declaration
for mental health |
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| treatment under the Mental Health Treatment Preference
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| Declaration Act.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-573, eff. 8-21-03.)
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| Section 10. The Health Care Workplace Violence Prevention | 5 |
| Act is amended by changing Section 35 as follows: | 6 |
| (405 ILCS 90/35)
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| Sec. 35. Pilot project; task force. | 8 |
| (a) The Department of Human Services and the Department of | 9 |
| Public Health shall initially implement this Act as a 2-year | 10 |
| pilot project in which only the following health care | 11 |
| workplaces shall participate: | 12 |
| (1) The Chester Mental Health Center. | 13 |
| (2) The Alton Mental Health Center. | 14 |
| (3) The Douglas Singer Mental Health Center. | 15 |
| (4) The Andrew McFarland Mental Health Center. | 16 |
| (5) The Jacksonville Developmental Center. | 17 |
| Each health care workplace participating in the pilot | 18 |
| project shall comply with this Act as provided in this Act. | 19 |
| (b) The Governor shall convene a 11-member
6-member task | 20 |
| force consisting of the following: one member appointed by the | 21 |
| President of the Senate; one member appointed by the Minority | 22 |
| Leader of the Senate; one member appointed by the Speaker of | 23 |
| House of Representatives; one member appointed by the Minority | 24 |
| Leader of the House of Representatives; one representative from | 25 |
| a statewide association representing licensed registered | 26 |
| professional nurses; one licensed registered professional | 27 |
| nurse involved in direct patient care, appointed by the | 28 |
| Governor; one representative of an organization representing | 29 |
| State, county, and municipal employees, appointed by the | 30 |
| Governor; one representative of an organization representing | 31 |
| public employees, appointed by the Governor; and 3 | 32 |
| representatives of the Department of Human Services, with one |
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| representative from the Division of Mental Health, one | 2 |
| representative from the Division of Developmental | 3 |
| Disabilities,
and one representative from the Division of | 4 |
| Rehabilitation Services of the Department of Human Services. | 5 |
| The task force shall submit a report to the Illinois General | 6 |
| Assembly by January 1, 2008 that shall (i) evaluate the | 7 |
| effectiveness of the health care workplace violence prevention | 8 |
| pilot project in the facilities participating in the pilot | 9 |
| project and (ii) make recommendations concerning the | 10 |
| implementation of workplace violence prevention programs in | 11 |
| all health care workplaces.
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| (c) The Department of Human Services shall provide all | 13 |
| necessary administrative support to the task force.
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| (Source: P.A. 94-347, eff. 7-28-05.) | 15 |
| Section 15. The Code of Criminal Procedure of 1963 is | 16 |
| amended by changing Sections 104-13, 104-17, and 104-24 and by | 17 |
| adding Section 104-17.5 as follows:
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| (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
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| Sec. 104-13. Fitness Examination.
| 20 |
| (a) When the issue of fitness involves
the defendant's | 21 |
| mental condition, the court shall order an examination of
the | 22 |
| defendant by one or more licensed physicians, clinical | 23 |
| psychologists,
or psychiatrists chosen by the court. No | 24 |
| physician, clinical
psychologist or psychiatrist employed by | 25 |
| or under contract with the Department of Human Services or the | 26 |
| Department of Corrections shall
be ordered to perform,
in his | 27 |
| official capacity, an examination under this Section.
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| (b) If the issue of fitness involves the defendant's | 29 |
| physical condition,
the court shall appoint one or more | 30 |
| physicians and in addition, such other
experts as it may deem | 31 |
| appropriate to examine the defendant and to report
to the court | 32 |
| regarding the defendant's condition.
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| (c) An examination ordered under this Section shall be | 2 |
| given at the place
designated by the person who will conduct | 3 |
| the examination, except that if
the defendant is being held in | 4 |
| custody, the examination shall take place
at such location as | 5 |
| the court directs. No examinations under this
Section shall be | 6 |
| ordered to take place at mental health or developmental
| 7 |
| disabilities facilities operated by the Department of Human | 8 |
| Services.
If the defendant fails to keep appointments
without | 9 |
| reasonable cause or if the person conducting the examination | 10 |
| reports
to the court that diagnosis requires hospitalization or | 11 |
| extended observation,
the court may order the defendant | 12 |
| admitted to an appropriate facility for
an examination, other | 13 |
| than a screening examination, for not more than 7
days. The | 14 |
| court may, upon a showing of good cause, grant an additional
7 | 15 |
| days to complete the examination.
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| (d) Release on bail or on recognizance shall not be revoked | 17 |
| and an
application therefor shall not be denied on the grounds | 18 |
| that an examination
has been ordered.
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| (e) Upon request by the defense and if the defendant is | 20 |
| indigent, the
court may appoint, in addition to the expert or | 21 |
| experts chosen pursuant to
subsection (a) of this Section, a | 22 |
| qualified expert selected by the defendant
to examine him and | 23 |
| to make a report as provided in Section 104-15. Upon
the filing | 24 |
| with the court of a verified statement of services rendered, | 25 |
| the
court shall enter an order on the county board to pay such | 26 |
| expert a
reasonable fee stated in the order.
| 27 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 28 |
| (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| 29 |
| Sec. 104-17. Commitment for Treatment; Treatment Plan.
| 30 |
| (a) If the defendant
is eligible to be or has been released | 31 |
| on bail or on his own recognizance,
the court shall select the | 32 |
| least physically restrictive form of treatment
therapeutically | 33 |
| appropriate and consistent with the treatment plan.
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| (b) If the defendant's disability is mental, the court may | 2 |
| order him placed
for treatment in the custody of the Department | 3 |
| of Human Services, or the court may order him placed in
the | 4 |
| custody of any other
appropriate public or private mental | 5 |
| health facility or treatment program
which has agreed to | 6 |
| provide treatment to the defendant ; or, if the defendant is | 7 |
| concurrently serving a felony sentence of imprisonment in the | 8 |
| Department of Corrections, the court shall order the Department | 9 |
| of Human Services to perform a placement evaluation and to | 10 |
| submit a written placement recommendation based upon the | 11 |
| treatment and security needs of the defendant and the safety of | 12 |
| staff and other recipients of services, which the court shall | 13 |
| use to determine whether to place the defendant for treatment | 14 |
| in the Department of Corrections or the Department of Human | 15 |
| Services. The court may order the defendant placed in the | 16 |
| Department of Corrections or the Department of Human Services. | 17 |
| The written placement recommendation shall be sent to the | 18 |
| court, the State, and the defense within 21 days of the order . | 19 |
| If the defendant
is placed in the custody of the Department of | 20 |
| Human Services, the defendant shall be placed in a
secure | 21 |
| setting unless the
court determines that
there are compelling | 22 |
| reasons why such placement is not necessary. If the defendant | 23 |
| is remanded to the Department of Corrections for treatment, the | 24 |
| Department of Human Services, upon request by the Department of | 25 |
| Corrections, shall provide consultation and other resources | 26 |
| required to assist in rendering the person fit to stand trial, | 27 |
| including, but not limited to, providing ongoing training, | 28 |
| sharing personal service contract personnel, and, in | 29 |
| individual cases, agreeing to a transfer to a Department of | 30 |
| Human Services facility pursuant to Section 3-8-5 of the | 31 |
| Unified Code of Corrections. During
the period of time required | 32 |
| to determine the appropriate placement the
defendant shall | 33 |
| remain in jail or other correctional setting . Upon completion | 34 |
| of the placement process, the
sheriff shall be notified and |
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| shall transport the defendant to the designated
facility. | 2 |
| Except for defendants remanded to the custody of the Department | 3 |
| of Corrections, the
The placement may be ordered either on an | 4 |
| inpatient or an outpatient
basis.
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| (c) If the defendant's disability is physical, the court | 6 |
| may order him
placed under the supervision of the Department of | 7 |
| Human
Services ,
which shall place and maintain the defendant in | 8 |
| a suitable treatment facility
or program, or the court may | 9 |
| order him placed in an appropriate public or
private facility | 10 |
| or treatment program which has agreed to provide treatment
to | 11 |
| the defendant ; or, if the defendant is concurrently serving a | 12 |
| felony sentence of imprisonment in the Department of | 13 |
| Corrections, the court shall order the Department of Human | 14 |
| Services to perform a placement evaluation and to submit a | 15 |
| written placement recommendation based upon the treatment and | 16 |
| security needs of the defendant and the safety of staff and | 17 |
| other recipients of services, which the court shall use to | 18 |
| determine whether to place the defendant for treatment in the | 19 |
| Department of Corrections or the Department of Human Services. | 20 |
| The written placement recommendation shall be sent to the | 21 |
| court, the State, and the defense within 21 days of the order . | 22 |
| If the defendant is remanded to the Department of Corrections | 23 |
| for treatment, the Department of Human Services, upon request | 24 |
| by the Department of Corrections, shall provide consultation | 25 |
| and other resources required to assist in rendering the person | 26 |
| fit to stand trial. Except for defendants remanded to the | 27 |
| custody of the Department of Corrections, the
The placement may | 28 |
| be ordered either on an inpatient or
an outpatient basis.
| 29 |
| (d) The clerk of the circuit court shall transmit to the | 30 |
| Department, agency
or institution, if any, to which the | 31 |
| defendant is remanded for treatment, the
following:
| 32 |
| (1) a certified copy of the order to undergo treatment;
| 33 |
| (2) the county and municipality in which the offense | 34 |
| was committed;
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| (3) the county and municipality in which the arrest | 2 |
| took place; and
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| (4) all additional matters which the Court directs the | 4 |
| clerk to transmit.
| 5 |
| (e) Within 30 days of entry of an order to undergo | 6 |
| treatment, the person
supervising the defendant's treatment | 7 |
| shall file with the court, the State,
and the defense a report | 8 |
| assessing the facility's or program's capacity
to provide | 9 |
| appropriate treatment for the defendant and indicating his | 10 |
| opinion
as to the probability of the defendant's attaining | 11 |
| fitness within a period
of one year from the date of the | 12 |
| finding of unfitness. If the report indicates
that there is a | 13 |
| substantial probability that the defendant will attain fitness
| 14 |
| within the time period, the treatment supervisor shall also | 15 |
| file a treatment
plan which shall include:
| 16 |
| (1) A diagnosis of the defendant's disability;
| 17 |
| (2) A description of treatment goals with respect to | 18 |
| rendering the
defendant
fit, a specification of the | 19 |
| proposed treatment modalities, and an estimated
timetable | 20 |
| for attainment of the goals;
| 21 |
| (3) An identification of the person in charge of | 22 |
| supervising the
defendant's
treatment.
| 23 |
| (f) Within 60 days after the effective date of this | 24 |
| amendatory Act of the 94th General Assembly, the Department of | 25 |
| Human Services and the Department of Corrections shall enter | 26 |
| into an interagency agreement for the sharing of resources to | 27 |
| effectuate the services required for the evaluation, | 28 |
| treatment, and report writing required by the Department of | 29 |
| Corrections pursuant to this Section. The cost of these | 30 |
| services shall be provided by the Department of Human Services.
| 31 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 32 |
| (725 ILCS 5/104-17.5 new) | 33 |
| Sec. 104-17.5. Fitness for trial; administration of |
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| authorized involuntary medication upon application to a court. | 2 |
| (a) Generally. Involuntary medication may be administered | 3 |
| to an adult defendant without the informed consent of the | 4 |
| defendant by order of the circuit court pursuant to the | 5 |
| procedures and standards set forth in this Section. | 6 |
| Notwithstanding any other provisions of this Section, a | 7 |
| defendant in the custody of the Department of Human Services | 8 |
| may also be administered medication as provided in the Mental | 9 |
| Health and Developmental Disabilities Code. A defendant in the | 10 |
| custody of the Department of Corrections may also be | 11 |
| administered medication as provided in the rules and | 12 |
| regulations of the Department of Corrections. | 13 |
| (b) Definition. For purposes of this Section, "authorized | 14 |
| involuntary medication" means: | 15 |
| (1) Psychotropic medication whose use for | 16 |
| anti-psychotic, antidepressant, anti-manic, anti-anxiety, | 17 |
| behavioral modification, or behavioral management purposes | 18 |
| is listed in the latest edition of the AMA Drug Evaluations | 19 |
| or Physician's Desk Reference or that is administered for | 20 |
| any of these purposes. | 21 |
| (2) Tests and other related procedures that are | 22 |
| essential for the safe and effective administration of a | 23 |
| psychotropic medication. | 24 |
| (c) Petition. The State on behalf of a facility director | 25 |
| may petition the circuit court for an order authorizing the | 26 |
| administration of authorized involuntary medication to a | 27 |
| defendant. The petition shall include: | 28 |
| (1) A copy of the defendant's power of attorney for | 29 |
| health care under the Illinois Power of Attorney Act, a | 30 |
| declaration for mental health under the Mental Health | 31 |
| Treatment Preference Declaration Act, or a statement by the | 32 |
| petitioner that a good faith attempt was made to determine | 33 |
| whether such instruments exist and that none were found to | 34 |
| exist. |
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| (2) A treatment plan with diagnosis, proposed | 2 |
| medications and their dosages and side effects, any | 3 |
| alternative medications and their dosages and side | 4 |
| effects, testing and procedures essential for the safe and | 5 |
| effective administration of the authorized involuntary | 6 |
| medication, and the staff members responsible for | 7 |
| implementing the treatment plan. | 8 |
| (3) If applicable, specific testing and procedures | 9 |
| sought to be administered and a request that the court | 10 |
| authorize such testing and procedures as may be essential | 11 |
| for the safe and effective administration of the authorized | 12 |
| involuntary medication sought to be administered. | 13 |
| (4) A statement that other, less restrictive services | 14 |
| have been explored and found inappropriate or, taking | 15 |
| account of less intrusive alternatives, the authorized | 16 |
| involuntary medication is necessary to render the | 17 |
| defendant fit. | 18 |
| If the defendant is in the custody of the Department of | 19 |
| Human Services, the statement shall include a statement | 20 |
| that the defendant was evaluated and could not be medicated | 21 |
| under Section 2-102, 2-107, or 2-107.1 of the Mental Health | 22 |
| and Developmental Disabilities Code. | 23 |
| If the defendant is in the custody of the Department of | 24 |
| Corrections, the statement shall include a statement that | 25 |
| the defendant was evaluated and could not be medicated | 26 |
| under the Department of Corrections Rules for Involuntary | 27 |
| Administration of Psychotropic Medication under 20 | 28 |
| Illinois Administrative Code 415. | 29 |
| (d) Service of petition and notice. No later than 7 days | 30 |
| prior to the date of the hearing, the petitioner shall deliver | 31 |
| a copy the petition and notice of the time and place of the | 32 |
| hearing to the defendant, his or her attorney, any known agent | 33 |
| or attorney-in-fact, if any, and the guardian, if any. Service | 34 |
| may be made by facsimile transmission, mail, or in person. Upon |
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| receipt of the petition and notice, the party served, or the | 2 |
| person delivering the petition and notice to the party served, | 3 |
| shall acknowledge service. If the sending party does not | 4 |
| receive acknowledgment of service within 24 hours, service must | 5 |
| be made by personal service. | 6 |
| (e) Hearing. The court shall hold a hearing within 14 days | 7 |
| after the filing of the petition. The people or the petitioner | 8 |
| shall be entitled to a continuance of not more than 7 days as | 9 |
| of right. An additional continuance of not more than 7 days may | 10 |
| be granted to any party (i) upon a showing that the continuance | 11 |
| is needed in order to adequately prepare for or present | 12 |
| evidence in a hearing under this Section or (ii) under | 13 |
| exceptional circumstances. The court may grant an additional | 14 |
| continuance not to exceed 21 days when, in its discretion, the | 15 |
| court determines that such a continuance is necessary to | 16 |
| provide the defendant an examination, a trial by jury, or | 17 |
| substitution of counsel as provided for by the Illinois Supreme | 18 |
| Court Rules. | 19 |
| (f) Evidence. Authorized involuntary medication shall not | 20 |
| be administered to the defendant unless it has been determined | 21 |
| by clear and convincing evidence that all of the following | 22 |
| factors are present: | 23 |
| (1) The defendant has a serious mental illness or | 24 |
| developmental disability. | 25 |
| (2) The authorized involuntary medication is medically | 26 |
| appropriate. | 27 |
| (3) The authorized involuntary medication is | 28 |
| substantially likely to render the defendant fit to stand | 29 |
| trial. | 30 |
| (4) The authorized involuntary medication is | 31 |
| substantially unlikely to have side effects that may | 32 |
| undermine the fairness of the trial. | 33 |
| (5) Other, less restrictive services have been | 34 |
| explored and found inappropriate or, taking account of less |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| intrusive alternatives, the authorized involuntary | 2 |
| medication is necessary significantly to further important | 3 |
| governmental trial-related interests. | 4 |
| (6) If the petition seeks authorization for testing and | 5 |
| other procedures, such testing and procedures are | 6 |
| essential for the safe and effective administration of the | 7 |
| medication. | 8 |
| (g) Order. An order issued under this Section shall | 9 |
| designate the persons authorized to administer the authorized | 10 |
| involuntary medication under the standards and procedures of | 11 |
| this Section. Those persons shall have complete discretion not | 12 |
| to administer any medication authorized under this Section. The | 13 |
| order shall also specify the medication and the anticipated | 14 |
| range of dosages that have been authorized and may include a | 15 |
| list of any alternative medications and range of dosages deemed | 16 |
| necessary. Alternatively, the court may order the proposed | 17 |
| treatment plan that was presented in the petition. | 18 |
| (h) Duration of order. In no event shall an order issued | 19 |
| under this Section be effective for more than 90 days. A second | 20 |
| 90-day period of involuntary medication may be authorized | 21 |
| pursuant to this Section. Thereafter, additional 180-day | 22 |
| periods of involuntary medication may be authorized pursuant to | 23 |
| the standards and procedures of this Section without limit. If | 24 |
| a new petition is filed at least 15 days prior to the | 25 |
| expiration of the prior order and the defendant agrees to a | 26 |
| hearing continuance, the administration of the medication may | 27 |
| continue in accordance with the prior order pending the | 28 |
| completion of a hearing under this Section. | 29 |
| (i) Power of attorney or declaration for mental health | 30 |
| treatment. Notwithstanding any other provisions of this | 31 |
| Section, authorized involuntary treatment may be administered | 32 |
| pursuant to a power of attorney for health care under the | 33 |
| Illinois Power of Attorney Act or a declaration for mental | 34 |
| health treatment under the Mental Health Treatment Preference |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| Declaration Act.
| 2 |
| (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
| 3 |
| Sec. 104-24. Time Credit. | 4 |
| (a) Time spent in custody pursuant to orders
issued under | 5 |
| Section 104-17 or 104-20 or pursuant to a commitment to the
| 6 |
| Department of Human Services following a finding
of unfitness | 7 |
| or incompetency under prior law, shall be credited against
any | 8 |
| sentence imposed on the defendant in the pending criminal case | 9 |
| or in
any other case arising out of the same conduct.
| 10 |
| (b) A defendant serving a felony sentence of imprisonment | 11 |
| in the Department of Corrections concurrently with time spent | 12 |
| in the custody of the Department of Corrections pursuant to an | 13 |
| order issued under this Article shall not remain in the | 14 |
| Department of Corrections pursuant to this Article at the | 15 |
| expiration of the felony sentence. Upon completion of the time | 16 |
| served under all felony sentences of imprisonment, the | 17 |
| Department of Corrections shall notify the court of any | 18 |
| defendant still in custody pursuant to this Article, and the | 19 |
| court shall evaluate the defendant for placement with the | 20 |
| Department of Human Services in accordance with the provisions | 21 |
| of this Article. A court order of commitment to the Department | 22 |
| of Human Services shall serve as a condition of any remaining | 23 |
| term of mandatory supervised release or parole.
| 24 |
| (Source: P.A. 89-507, eff. 7-1-97.)
| 25 |
| Section 20. The Unified Code of Corrections is amended by | 26 |
| changing Sections 3-6-2, 3-8-5, and 5-2-4 as follows: | 27 |
| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 28 |
| (Text of Section before amendment by P.A. 94-696 ) | 29 |
| Sec. 3-6-2. Institutions and Facility Administration.
| 30 |
| (a) Each institution and facility of the Department shall | 31 |
| be
administered by a chief administrative officer appointed by
|
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| the Director. A chief administrative officer shall be
| 2 |
| responsible for all persons assigned to the institution or
| 3 |
| facility. The chief administrative officer shall administer
| 4 |
| the programs of the Department for the custody and treatment
of | 5 |
| such persons.
| 6 |
| (b) The chief administrative officer shall have such | 7 |
| assistants
as the Department may assign.
| 8 |
| (c) The Director or Assistant Director shall have the
| 9 |
| emergency powers to temporarily transfer individuals without
| 10 |
| formal procedures to any State, county, municipal or regional
| 11 |
| correctional or detention institution or facility in the State,
| 12 |
| subject to the acceptance of such receiving institution or
| 13 |
| facility, or to designate any reasonably secure place in the
| 14 |
| State as such an institution or facility and to make transfers
| 15 |
| thereto. However, transfers made under emergency powers shall
| 16 |
| be reviewed as soon as practicable under Article 8, and shall
| 17 |
| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 18 |
| This Section shall not apply to transfers to the Department of
| 19 |
| Human Services which are provided for under
Section 3-8-5 or | 20 |
| Section 3-10-5.
| 21 |
| (d) The Department shall provide educational programs for | 22 |
| all
committed persons so that all persons have an opportunity | 23 |
| to
attain the achievement level equivalent to the completion of
| 24 |
| the twelfth grade in the public school system in this State.
| 25 |
| Other higher levels of attainment shall be encouraged and
| 26 |
| professional instruction shall be maintained wherever | 27 |
| possible.
The Department may establish programs of mandatory | 28 |
| education and may
establish rules and regulations for the | 29 |
| administration of such programs.
A person committed to the | 30 |
| Department who, during the period of his or her
incarceration, | 31 |
| participates in an educational program provided by or through
| 32 |
| the Department and through that program is awarded or earns the | 33 |
| number of
hours of credit required for the award of an | 34 |
| associate, baccalaureate, or
higher degree from a community |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| college, college, or university located in
Illinois shall | 2 |
| reimburse the State, through the Department, for the costs
| 3 |
| incurred by the State in providing that person during his or | 4 |
| her incarceration
with the education that qualifies him or her | 5 |
| for the award of that degree. The
costs for which reimbursement | 6 |
| is required under this subsection shall be
determined and | 7 |
| computed by the Department under rules and regulations that
it | 8 |
| shall establish for that purpose. However, interest at the rate | 9 |
| of 6%
per annum shall be charged on the balance of those costs | 10 |
| from time to time
remaining unpaid, from the date of the | 11 |
| person's parole, mandatory supervised
release, or release | 12 |
| constituting a final termination of his or her commitment
to | 13 |
| the Department until paid.
| 14 |
| (d-5) A person committed to the Department is entitled to | 15 |
| confidential testing for infection with human immunodeficiency | 16 |
| virus (HIV) and to counseling in connection with such testing, | 17 |
| with no copay to the committed person. A person committed to | 18 |
| the Department who has tested positive for infection with HIV | 19 |
| is entitled to medical care while incarcerated, counseling, and | 20 |
| referrals to support services, in connection with that positive | 21 |
| test result. Implementation of this subsection (d-5) is subject | 22 |
| to appropriation.
| 23 |
| (e) A person committed to the Department who becomes in | 24 |
| need
of medical or surgical treatment but is incapable of | 25 |
| giving
consent thereto shall receive such medical or surgical | 26 |
| treatment
by the chief administrative officer consenting on the | 27 |
| person's behalf.
Before the chief administrative officer | 28 |
| consents, he or she shall
obtain the advice of one or more | 29 |
| physicians licensed to practice medicine
in all its branches in | 30 |
| this State. If such physician or physicians advise:
| 31 |
| (1) that immediate medical or surgical treatment is | 32 |
| required
relative to a condition threatening to cause | 33 |
| death, damage or
impairment to bodily functions, or | 34 |
| disfigurement; and
|
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| (2) that the person is not capable of giving consent to | 2 |
| such treatment;
the chief administrative officer may give | 3 |
| consent for such
medical or surgical treatment, and such | 4 |
| consent shall be
deemed to be the consent of the person for | 5 |
| all purposes,
including, but not limited to, the authority | 6 |
| of a physician
to give such treatment. | 7 |
| (e-5) If a physician providing medical care to a committed | 8 |
| person on behalf of the Department advises the chief | 9 |
| administrative officer that the committed person's mental or | 10 |
| physical health has deteriorated as a result of the cessation | 11 |
| of ingestion of food or liquid to the point where medical or | 12 |
| surgical treatment is required to prevent death, damage, or | 13 |
| impairment to bodily functions, the chief administrative | 14 |
| officer may authorize such medical or surgical treatment.
| 15 |
| (f) In the event that the person requires medical care and
| 16 |
| treatment at a place other than the institution or facility,
| 17 |
| the person may be removed therefrom under conditions prescribed
| 18 |
| by the Department.
The Department shall require the committed | 19 |
| person receiving medical or dental
services on a non-emergency | 20 |
| basis to pay a $2 co-payment to the Department for
each visit | 21 |
| for medical or dental services. The amount of each co-payment | 22 |
| shall be deducted from the
committed person's individual | 23 |
| account.
A committed person who has a chronic illness, as | 24 |
| defined by Department rules
and regulations, shall be exempt | 25 |
| from the $2 co-payment for treatment of the
chronic illness. A | 26 |
| committed person shall not be subject to a $2 co-payment
for | 27 |
| follow-up visits ordered by a physician, who is employed by, or | 28 |
| contracts
with, the Department. A committed person who is | 29 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 30 |
| receive medical or dental services on the same basis as a
| 31 |
| committed person who is financially able to afford the | 32 |
| co-payment.
Notwithstanding any other provision in this | 33 |
| subsection (f) to the contrary,
any person committed to any | 34 |
| facility operated by the Juvenile Division, as set
forth in |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| subsection (b) of Section 3-2-5 of this Code, is exempt from | 2 |
| the
co-payment requirement for the duration of confinement in | 3 |
| those facilities.
| 4 |
| (g) Any person having sole custody of a child at
the time | 5 |
| of commitment or any woman giving birth to a child after
her | 6 |
| commitment, may arrange through the Department of Children
and | 7 |
| Family Services for suitable placement of the child outside
of | 8 |
| the Department of Corrections. The Director of the Department
| 9 |
| of Corrections may determine that there are special reasons why
| 10 |
| the child should continue in the custody of the mother until | 11 |
| the
child is 6 years old.
| 12 |
| (h) The Department may provide Family Responsibility | 13 |
| Services which
may consist of, but not be limited to the | 14 |
| following:
| 15 |
| (1) family advocacy counseling;
| 16 |
| (2) parent self-help group;
| 17 |
| (3) parenting skills training;
| 18 |
| (4) parent and child overnight program;
| 19 |
| (5) parent and child reunification counseling, either | 20 |
| separately or
together, preceding the inmate's release; | 21 |
| and
| 22 |
| (6) a prerelease reunification staffing involving the | 23 |
| family advocate,
the inmate and the child's counselor, or | 24 |
| both and the inmate.
| 25 |
| (i) Prior to the release of any inmate who has a documented | 26 |
| history
of intravenous drug use, and upon the receipt of that | 27 |
| inmate's written
informed consent, the Department shall | 28 |
| provide for the testing of such
inmate for infection with human | 29 |
| immunodeficiency virus (HIV) and any other
identified | 30 |
| causative agent of acquired immunodeficiency syndrome (AIDS). | 31 |
| The
testing provided under this subsection shall consist of an | 32 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 33 |
| test as may be approved by
the Illinois Department of Public | 34 |
| Health. If the test result is positive,
the Western Blot Assay |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| or more reliable confirmatory test shall be
administered. All | 2 |
| inmates tested in accordance with the provisions of this
| 3 |
| subsection shall be provided with pre-test and post-test | 4 |
| counseling.
Notwithstanding any provision of this subsection | 5 |
| to the contrary, the
Department shall not be required to | 6 |
| conduct the testing and counseling
required by this subsection | 7 |
| unless sufficient funds to cover all costs of
such testing and | 8 |
| counseling are appropriated for that
purpose by the General | 9 |
| Assembly.
| 10 |
| (j) Any person convicted of a sex offense as defined in the | 11 |
| Sex Offender
Management Board Act shall be required to receive | 12 |
| a sex offender evaluation
prior to release into the community | 13 |
| from the Department of Corrections. The
sex offender evaluation | 14 |
| shall be conducted in conformance with the standards
and | 15 |
| guidelines developed under
the Sex Offender Management Board | 16 |
| Act and by an evaluator approved by the
Board.
| 17 |
| (k) Any minor committed to the Department of | 18 |
| Corrections-Juvenile Division
for a sex offense as defined by | 19 |
| the Sex Offender Management Board Act shall be
required to | 20 |
| undergo sex offender treatment by a treatment provider approved | 21 |
| by
the Board and conducted in conformance with the Sex Offender | 22 |
| Management Board
Act.
| 23 |
| (l) Prior to the release of any inmate, the Department must | 24 |
| provide the inmate with the option of testing for infection | 25 |
| with human immunodeficiency virus (HIV), as well as counseling | 26 |
| in connection with such testing, with no copayment for the | 27 |
| test. At the same time, the Department shall require each such | 28 |
| inmate to sign a form stating that the inmate has been informed | 29 |
| of his or her rights with respect to the testing required to be | 30 |
| offered under this subsection (l) and providing the inmate with | 31 |
| an opportunity to indicate either that he or she wants to be | 32 |
| tested or that he or she does not want to be tested. The | 33 |
| Department, in consultation with the Department of Public | 34 |
| Health, shall prescribe the contents of the form. The
testing |
|
|
|
09400SB2204ham002 |
- 22 - |
LRB094 15519 LCT 57778 a |
|
| 1 |
| provided under this subsection (l) shall consist of an | 2 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other | 3 |
| test approved by
the Department of Public Health. If the test | 4 |
| result is positive,
the Western Blot Assay or more reliable | 5 |
| confirmatory test shall be
administered. | 6 |
| Prior to the release of an inmate who the Department knows | 7 |
| has tested positive for infection with HIV, the Department in a | 8 |
| timely manner shall offer the inmate transitional case | 9 |
| management, including referrals to other support services.
| 10 |
| Implementation of this subsection (l) is subject to | 11 |
| appropriation.
| 12 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 13 |
| eff. 1-1-06.)
| 14 |
| (Text of Section after amendment by P.A. 94-696 ) | 15 |
| Sec. 3-6-2. Institutions and Facility Administration.
| 16 |
| (a) Each institution and facility of the Department shall | 17 |
| be
administered by a chief administrative officer appointed by
| 18 |
| the Director. A chief administrative officer shall be
| 19 |
| responsible for all persons assigned to the institution or
| 20 |
| facility. The chief administrative officer shall administer
| 21 |
| the programs of the Department for the custody and treatment
of | 22 |
| such persons.
| 23 |
| (b) The chief administrative officer shall have such | 24 |
| assistants
as the Department may assign.
| 25 |
| (c) The Director or Assistant Director shall have the
| 26 |
| emergency powers to temporarily transfer individuals without
| 27 |
| formal procedures to any State, county, municipal or regional
| 28 |
| correctional or detention institution or facility in the State,
| 29 |
| subject to the acceptance of such receiving institution or
| 30 |
| facility, or to designate any reasonably secure place in the
| 31 |
| State as such an institution or facility and to make transfers
| 32 |
| thereto. However, transfers made under emergency powers shall
| 33 |
| be reviewed as soon as practicable under Article 8, and shall
|
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 2 |
| This Section shall not apply to transfers to the Department of
| 3 |
| Human Services which are provided for under
Section 3-8-5 or | 4 |
| Section 3-10-5.
| 5 |
| (d) The Department shall provide educational programs for | 6 |
| all
committed persons so that all persons have an opportunity | 7 |
| to
attain the achievement level equivalent to the completion of
| 8 |
| the twelfth grade in the public school system in this State.
| 9 |
| Other higher levels of attainment shall be encouraged and
| 10 |
| professional instruction shall be maintained wherever | 11 |
| possible.
The Department may establish programs of mandatory | 12 |
| education and may
establish rules and regulations for the | 13 |
| administration of such programs.
A person committed to the | 14 |
| Department who, during the period of his or her
incarceration, | 15 |
| participates in an educational program provided by or through
| 16 |
| the Department and through that program is awarded or earns the | 17 |
| number of
hours of credit required for the award of an | 18 |
| associate, baccalaureate, or
higher degree from a community | 19 |
| college, college, or university located in
Illinois shall | 20 |
| reimburse the State, through the Department, for the costs
| 21 |
| incurred by the State in providing that person during his or | 22 |
| her incarceration
with the education that qualifies him or her | 23 |
| for the award of that degree. The
costs for which reimbursement | 24 |
| is required under this subsection shall be
determined and | 25 |
| computed by the Department under rules and regulations that
it | 26 |
| shall establish for that purpose. However, interest at the rate | 27 |
| of 6%
per annum shall be charged on the balance of those costs | 28 |
| from time to time
remaining unpaid, from the date of the | 29 |
| person's parole, mandatory supervised
release, or release | 30 |
| constituting a final termination of his or her commitment
to | 31 |
| the Department until paid.
| 32 |
| (d-5) A person committed to the Department is entitled to | 33 |
| confidential testing for infection with human immunodeficiency | 34 |
| virus (HIV) and to counseling in connection with such testing, |
|
|
|
09400SB2204ham002 |
- 24 - |
LRB094 15519 LCT 57778 a |
|
| 1 |
| with no copay to the committed person. A person committed to | 2 |
| the Department who has tested positive for infection with HIV | 3 |
| is entitled to medical care while incarcerated, counseling, and | 4 |
| referrals to support services, in connection with that positive | 5 |
| test result. Implementation of this subsection (d-5) is subject | 6 |
| to appropriation.
| 7 |
| (e) A person committed to the Department who becomes in | 8 |
| need
of medical or surgical treatment but is incapable of | 9 |
| giving
consent thereto shall receive such medical or surgical | 10 |
| treatment
by the chief administrative officer consenting on the | 11 |
| person's behalf.
Before the chief administrative officer | 12 |
| consents, he or she shall
obtain the advice of one or more | 13 |
| physicians licensed to practice medicine
in all its branches in | 14 |
| this State. If such physician or physicians advise:
| 15 |
| (1) that immediate medical or surgical treatment is | 16 |
| required
relative to a condition threatening to cause | 17 |
| death, damage or
impairment to bodily functions, or | 18 |
| disfigurement; and
| 19 |
| (2) that the person is not capable of giving consent to | 20 |
| such treatment;
the chief administrative officer may give | 21 |
| consent for such
medical or surgical treatment, and such | 22 |
| consent shall be
deemed to be the consent of the person for | 23 |
| all purposes,
including, but not limited to, the authority | 24 |
| of a physician
to give such treatment. | 25 |
| (e-5) If a physician providing medical care to a committed | 26 |
| person on behalf of the Department advises the chief | 27 |
| administrative officer that the committed person's mental or | 28 |
| physical health has deteriorated as a result of the cessation | 29 |
| of ingestion of food or liquid to the point where medical or | 30 |
| surgical treatment is required to prevent death, damage, or | 31 |
| impairment to bodily functions, the chief administrative | 32 |
| officer may authorize such medical or surgical treatment.
| 33 |
| (e-10) A person committed to the Department who has a | 34 |
| mental illness or developmental disability and who, because of |
|
|
|
09400SB2204ham002 |
- 25 - |
LRB094 15519 LCT 57778 a |
|
| 1 |
| that mental illness or developmental disability, exhibits (i) | 2 |
| deterioration of his or her ability to function, (ii) | 3 |
| suffering, or (iii) threatening behavior may be administered | 4 |
| involuntary psychotropic medications, provided that (A) the | 5 |
| illness or disability has existed for a period marked by the | 6 |
| continuing presence of the symptoms sent forth or repeated | 7 |
| episodic occurrence of these symptoms, (B) the benefits of the | 8 |
| treatment outweigh the harm, and (C) the committed person lacks | 9 |
| the capacity to make a reasoned decision about the treatment. | 10 |
| The Department may establish rules and regulations for the | 11 |
| administration of such psychotropic medication. For the | 12 |
| purpose of this Section, "psychotropic medication" means | 13 |
| medication whose use for anti-psychotic, antidepressant, | 14 |
| anti-manic, anti-anxiety, behavioral modification, or | 15 |
| behavioral management purposes is listed in the latest edition | 16 |
| of the AMA Drug Evaluations or Physician's Desk Reference or | 17 |
| that is administered for any of these purposes. "Psychotropic | 18 |
| medication" includes tests and other related procedures that | 19 |
| are essential for the safe and effective administration of a | 20 |
| psychotropic medication.
| 21 |
| (f) In the event that the person requires medical care and
| 22 |
| treatment at a place other than the institution or facility,
| 23 |
| the person may be removed therefrom under conditions prescribed
| 24 |
| by the Department.
The Department shall require the committed | 25 |
| person receiving medical or dental
services on a non-emergency | 26 |
| basis to pay a $2 co-payment to the Department for
each visit | 27 |
| for medical or dental services. The amount of each co-payment | 28 |
| shall be deducted from the
committed person's individual | 29 |
| account.
A committed person who has a chronic illness, as | 30 |
| defined by Department rules
and regulations, shall be exempt | 31 |
| from the $2 co-payment for treatment of the
chronic illness. A | 32 |
| committed person shall not be subject to a $2 co-payment
for | 33 |
| follow-up visits ordered by a physician, who is employed by, or | 34 |
| contracts
with, the Department. A committed person who is |
|
|
|
09400SB2204ham002 |
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LRB094 15519 LCT 57778 a |
|
| 1 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 2 |
| receive medical or dental services on the same basis as a
| 3 |
| committed person who is financially able to afford the | 4 |
| co-payment.
Notwithstanding any other provision in this | 5 |
| subsection (f) to the contrary,
any person committed to any | 6 |
| facility operated by the Department of Juvenile Justice, as set
| 7 |
| forth in Section 3-2.5-15 of this Code, is exempt from the
| 8 |
| co-payment requirement for the duration of confinement in those | 9 |
| facilities.
| 10 |
| (g) Any person having sole custody of a child at
the time | 11 |
| of commitment or any woman giving birth to a child after
her | 12 |
| commitment, may arrange through the Department of Children
and | 13 |
| Family Services for suitable placement of the child outside
of | 14 |
| the Department of Corrections. The Director of the Department
| 15 |
| of Corrections may determine that there are special reasons why
| 16 |
| the child should continue in the custody of the mother until | 17 |
| the
child is 6 years old.
| 18 |
| (h) The Department may provide Family Responsibility | 19 |
| Services which
may consist of, but not be limited to the | 20 |
| following:
| 21 |
| (1) family advocacy counseling;
| 22 |
| (2) parent self-help group;
| 23 |
| (3) parenting skills training;
| 24 |
| (4) parent and child overnight program;
| 25 |
| (5) parent and child reunification counseling, either | 26 |
| separately or
together, preceding the inmate's release; | 27 |
| and
| 28 |
| (6) a prerelease reunification staffing involving the | 29 |
| family advocate,
the inmate and the child's counselor, or | 30 |
| both and the inmate.
| 31 |
| (i) Prior to the release of any inmate who has a documented | 32 |
| history
of intravenous drug use, and upon the receipt of that | 33 |
| inmate's written
informed consent, the Department shall | 34 |
| provide for the testing of such
inmate for infection with human |
|
|
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| 1 |
| immunodeficiency virus (HIV) and any other
identified | 2 |
| causative agent of acquired immunodeficiency syndrome (AIDS). | 3 |
| The
testing provided under this subsection shall consist of an | 4 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 5 |
| test as may be approved by
the Illinois Department of Public | 6 |
| Health. If the test result is positive,
the Western Blot Assay | 7 |
| or more reliable confirmatory test shall be
administered. All | 8 |
| inmates tested in accordance with the provisions of this
| 9 |
| subsection shall be provided with pre-test and post-test | 10 |
| counseling.
Notwithstanding any provision of this subsection | 11 |
| to the contrary, the
Department shall not be required to | 12 |
| conduct the testing and counseling
required by this subsection | 13 |
| unless sufficient funds to cover all costs of
such testing and | 14 |
| counseling are appropriated for that
purpose by the General | 15 |
| Assembly.
| 16 |
| (j) Any person convicted of a sex offense as defined in the | 17 |
| Sex Offender
Management Board Act shall be required to receive | 18 |
| a sex offender evaluation
prior to release into the community | 19 |
| from the Department of Corrections. The
sex offender evaluation | 20 |
| shall be conducted in conformance with the standards
and | 21 |
| guidelines developed under
the Sex Offender Management Board | 22 |
| Act and by an evaluator approved by the
Board.
| 23 |
| (k) Any minor committed to the Department of Juvenile | 24 |
| Justice
for a sex offense as defined by the Sex Offender | 25 |
| Management Board Act shall be
required to undergo sex offender | 26 |
| treatment by a treatment provider approved by
the Board and | 27 |
| conducted in conformance with the Sex Offender Management Board
| 28 |
| Act.
| 29 |
| (l) Prior to the release of any inmate, the Department must | 30 |
| provide the inmate with the option of testing for infection | 31 |
| with human immunodeficiency virus (HIV), as well as counseling | 32 |
| in connection with such testing, with no copayment for the | 33 |
| test. At the same time, the Department shall require each such | 34 |
| inmate to sign a form stating that the inmate has been informed |
|
|
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| of his or her rights with respect to the testing required to be | 2 |
| offered under this subsection (l) and providing the inmate with | 3 |
| an opportunity to indicate either that he or she wants to be | 4 |
| tested or that he or she does not want to be tested. The | 5 |
| Department, in consultation with the Department of Public | 6 |
| Health, shall prescribe the contents of the form. The
testing | 7 |
| provided under this subsection (l) shall consist of an | 8 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other | 9 |
| test approved by
the Department of Public Health. If the test | 10 |
| result is positive,
the Western Blot Assay or more reliable | 11 |
| confirmatory test shall be
administered. | 12 |
| Prior to the release of an inmate who the Department knows | 13 |
| has tested positive for infection with HIV, the Department in a | 14 |
| timely manner shall offer the inmate transitional case | 15 |
| management, including referrals to other support services.
| 16 |
| Implementation of this subsection (l) is subject to | 17 |
| appropriation.
| 18 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 19 |
| eff. 1-1-06; 94-696, eff. 6-1-06.)
| 20 |
| (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| 21 |
| Sec. 3-8-5. Transfer to Department of Human Services.
| 22 |
| (a) The Department shall cause inquiry and examination at
| 23 |
| periodic intervals to ascertain whether any person committed to | 24 |
| it may be
subject to involuntary admission, as defined in | 25 |
| Section 1-119 of the Mental
Health and Developmental | 26 |
| Disabilities Code, or pursuant to Section 5-2-4 of this Code,
| 27 |
| or meets the standard for judicial
admission as defined in | 28 |
| Section 4-500 of the Mental Health and Developmental
| 29 |
| Disabilities Code, or is an addict, alcoholic or intoxicated | 30 |
| person as
defined in the Alcoholism and Other Drug Abuse and | 31 |
| Dependency
Act , or is committed by a court for treatment or a | 32 |
| treatment plan pursuant to Article 104 of the Code of Criminal | 33 |
| Procedure of 1963 . The Department may provide special |
|
|
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| psychiatric or psychological
or other counseling or treatment | 2 |
| to such persons in a separate institution
within the | 3 |
| Department, or the Director of the Department of Corrections
| 4 |
| may transfer such persons other than addicts, alcoholics or | 5 |
| intoxicated
persons to the Department of Human Services for | 6 |
| observation, diagnosis and treatment, subject
to the approval
| 7 |
| of the Director of the Department of Human Services, for a | 8 |
| period of not more than 6 months, if the person
consents in | 9 |
| writing to the transfer. The person shall be advised of his
| 10 |
| right not to consent, and if he does not consent, such transfer | 11 |
| may be
effected only by commitment under paragraphs (c) and (d) | 12 |
| of this Section.
| 13 |
| (b) The person's spouse, guardian or nearest relative and | 14 |
| his attorney
of record shall be advised of their right to | 15 |
| object, and if objection is
made, such transfer may be effected | 16 |
| only by commitment under paragraph (c)
of this Section. Notices | 17 |
| of such transfer shall be mailed to such person's
spouse, | 18 |
| guardian or nearest relative and to the attorney of record | 19 |
| marked
for delivery to addressee only at his last known address | 20 |
| by certified mail
with return receipt requested together with | 21 |
| written notification of the
manner and time within which he may | 22 |
| object thereto.
| 23 |
| (c) If a committed person does not consent to his transfer | 24 |
| to the Department
of Human Services or if a
person objects | 25 |
| under
paragraph (b) of this Section, or if the Department of | 26 |
| Human Services determines that a transferred
person requires
| 27 |
| commitment to the Department of Human Services
for more than 6 | 28 |
| months, or if the person's sentence will expire within 6
| 29 |
| months, the Director of the Department of Corrections shall | 30 |
| file a petition
in the circuit court of the county in which the | 31 |
| correctional institution
or facility is located requesting the | 32 |
| transfer of such person to the
Department of Human Services. A | 33 |
| certificate
of a psychiatrist, clinical psychologist or, if
| 34 |
| admission to a developmental disability facility is sought, of |
|
|
|
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| a
physician that the person is in need of commitment to the
| 2 |
| Department of Human Services for treatment
or habilitation | 3 |
| shall be attached to the petition. Copies of the
petition shall | 4 |
| be furnished to the named person and to the state's
attorneys | 5 |
| of the county in which the correctional institution or facility
| 6 |
| is located and the county in which the named person was | 7 |
| committed to the
Department of Corrections.
| 8 |
| (d) The court shall set a date for a hearing on the | 9 |
| petition within the
time limit set forth in the Mental Health | 10 |
| and Developmental Disabilities
Code. The hearing shall be | 11 |
| conducted in the manner prescribed by the Mental
Health and | 12 |
| Developmental Disabilities Code. If the person is found to be
| 13 |
| in need of commitment to the Department of Human Services for | 14 |
| treatment or habilitation, the
court may commit him to
that | 15 |
| Department.
| 16 |
| (e) Nothing in this Section shall limit the right of the | 17 |
| Director or the
chief administrative officer of any institution | 18 |
| or facility to utilize the
emergency admission provisions of | 19 |
| the Mental Health and Developmental
Disabilities Code with | 20 |
| respect to any person in his custody or care. The
transfer of a | 21 |
| person to an institution or facility of the Department of Human
| 22 |
| Services under paragraph (a)
of this Section does not discharge | 23 |
| the person from the control of the
Department.
| 24 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| 25 |
| (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| 26 |
| Sec. 5-2-4. Proceedings after Acquittal by Reason of | 27 |
| Insanity.
| 28 |
| (a) After a finding or verdict of not guilty by reason of | 29 |
| insanity
under Sections 104-25, 115-3 or 115-4 of The Code of | 30 |
| Criminal Procedure
of 1963, the defendant shall be ordered to | 31 |
| the Department of Human Services for
an evaluation as to
| 32 |
| whether he is in need of mental health
services ; or, if the | 33 |
| defendant is concurrently serving a felony sentence of |
|
|
|
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| imprisonment in the Department of Corrections, the court shall | 2 |
| order the Department of Human Services to perform a placement | 3 |
| evaluation and to submit a written placement recommendation | 4 |
| based upon the treatment and security needs of the defendant | 5 |
| and the safety of staff and other recipients of services, which | 6 |
| the court shall use to determine whether to place the defendant | 7 |
| for treatment in the Department of Corrections or the | 8 |
| Department of Human Services. The court may order the defendant | 9 |
| placed in the Department of Corrections or the Department of | 10 |
| Human Services. The written placement recommendation shall be | 11 |
| sent to the court, the State, and the defense within 21 days of | 12 |
| the order. For persons concurrently serving a felony sentence | 13 |
| of imprisonment in the Department of Corrections, placement | 14 |
| evaluations shall occur in the jail or other correctional | 15 |
| setting . The order
shall specify whether the evaluation shall | 16 |
| be conducted on an inpatient or
outpatient basis. If the | 17 |
| evaluation is to be conducted on an inpatient
basis, the | 18 |
| defendant shall be placed in a secure setting unless the Court
| 19 |
| determines that there are compelling reasons why such placement | 20 |
| is not
necessary.
| 21 |
| (a-0.2) After the evaluation and during the period of time | 22 |
| required to
determine the appropriate placement, the defendant | 23 |
| shall
remain in jail.
Upon completion of the placement process | 24 |
| the sheriff shall be notified and
shall transport the defendant | 25 |
| to the designated facility.
| 26 |
| (a-0.4) If the defendant is concurrently serving a felony | 27 |
| sentence of imprisonment in the Department of Corrections, the | 28 |
| court shall use the placement recommendation submitted by the | 29 |
| Department of Human Services to determine whether to place the | 30 |
| defendant in the Department of Corrections or the Department of | 31 |
| Human Services. In addition, if the defendant is placed in the | 32 |
| Department of Corrections: | 33 |
| (1) The Department of Corrections, and not the | 34 |
| Department of Human Services, shall provide all |
|
|
|
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| evaluations, reports, and treatment pursuant to | 2 |
| subsections (a), (a-0.6), (b-15), and (d) of this Section. | 3 |
| (2) The provisions relating to privileges, home | 4 |
| visits, non-secure settings, conditional release, or | 5 |
| discharge do not apply while the defendant is concurrently | 6 |
| serving a felony sentence of imprisonment in the Department | 7 |
| of Corrections. | 8 |
| (3) The provisions in subsections (a-0.8), (b), | 9 |
| (b-10), and (h) shall not apply. | 10 |
| (4) The Department of Human Services, upon request by | 11 |
| the Department of Corrections, shall provide consultation | 12 |
| and other resources required to assist in treatment, | 13 |
| including, but not limited to, providing ongoing training, | 14 |
| sharing personal service contract personnel, and, in | 15 |
| individual cases, agreeing to a transfer to a Department of | 16 |
| Human Services facility pursuant to Section 3-8-5.
| 17 |
| (a-0.6) The Department shall provide the Court with a | 18 |
| report of its evaluation
within 30 days of the date of this | 19 |
| order. The Court shall hold a hearing
as provided under the | 20 |
| Mental Health and Developmental Disabilities Code to
determine | 21 |
| if the individual is:
(a)
in need of mental health services on | 22 |
| an inpatient basis; (b) in
need of
mental health services on an | 23 |
| outpatient basis; (c) a person not in
need of
mental health | 24 |
| services. The Court shall enter its findings.
| 25 |
| (a-0.8) If the defendant is found to be in
need
of mental | 26 |
| health services on an inpatient care basis, the Court shall | 27 |
| order the
defendant to the Department of Human Services.
The | 28 |
| defendant shall be placed in a secure setting unless the Court | 29 |
| determines
that there are compelling reasons why such placement | 30 |
| is not necessary. Such
defendants placed in a secure setting | 31 |
| shall not be permitted outside the
facility's housing unit | 32 |
| unless escorted or accompanied by personnel of the
Department | 33 |
| of Human Services or with the prior approval of the Court for
| 34 |
| unsupervised
on-grounds privileges as provided
herein.
Any |
|
|
|
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| defendant placed in a secure setting pursuant to this Section,
| 2 |
| transported to court hearings or other necessary appointments
| 3 |
| off facility grounds
by personnel of
the Department of Human | 4 |
| Services, shall be
placed in security devices
or otherwise | 5 |
| secured during the period of transportation to assure
secure | 6 |
| transport of the defendant and the safety of Department
of | 7 |
| Human Services personnel and others. These security measures
| 8 |
| shall not constitute restraint as defined in the Mental Health | 9 |
| and
Developmental Disabilities Code.
If the defendant is found | 10 |
| to be in need of mental health services,
but not on an | 11 |
| inpatient care basis, the Court shall conditionally release
the | 12 |
| defendant, under such conditions as set forth in this Section | 13 |
| as will
reasonably assure the defendant's satisfactory | 14 |
| progress and participation
in treatment or
rehabilitation and | 15 |
| the safety of the defendant and others. If the
Court
finds the | 16 |
| person not in need of mental health services, then the Court
| 17 |
| shall order the defendant discharged from custody.
| 18 |
| (a-1)
(1) Definitions . : For the purposes of this Section:
| 19 |
| (A) (Blank).
| 20 |
| (B) "In need of mental health services on an inpatient | 21 |
| basis" means: a
defendant who has been found not guilty by | 22 |
| reason of insanity but who due to mental illness is
| 23 |
| reasonably expected to inflict
serious physical harm upon | 24 |
| himself or another and who would benefit from
inpatient | 25 |
| care or is in need of inpatient care.
| 26 |
| (C) "In need of mental health services on an outpatient | 27 |
| basis" means:
a defendant who has been found not guilty by | 28 |
| reason of insanity who is not in need of mental health | 29 |
| services on
an inpatient basis, but is in need of | 30 |
| outpatient care, drug and/or alcohol
rehabilitation | 31 |
| programs, community adjustment programs, individual, | 32 |
| group,
or family therapy, or chemotherapy.
| 33 |
| (D) "Conditional Release" means: the release from | 34 |
| either the custody
of the Department of Human Services
or |
|
|
|
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| the custody of the Court of a person who has been found not | 2 |
| guilty by
reason of insanity under such conditions as the | 3 |
| Court may impose which
reasonably assure the defendant's | 4 |
| satisfactory progress in
treatment or habilitation and the | 5 |
| safety of the defendant and others. The
Court shall | 6 |
| consider such terms and conditions which may include, but | 7 |
| need
not be limited to, outpatient care, alcoholic and drug | 8 |
| rehabilitation programs,
community adjustment programs, | 9 |
| individual, group, family, and chemotherapy,
random | 10 |
| testing to ensure the defendant's timely and continuous | 11 |
| taking of any
medicines prescribed
to control or manage his | 12 |
| or her conduct or mental state, and
periodic checks with | 13 |
| the legal authorities and/or the Department of Human
| 14 |
| Services.
The Court may order as a condition of conditional | 15 |
| release that the
defendant not contact the victim of the | 16 |
| offense that
resulted in the finding or
verdict of not | 17 |
| guilty by reason of insanity or any other person. The Court | 18 |
| may
order the
Department of
Human Services to provide care | 19 |
| to any
person conditionally released under this Section. | 20 |
| The Department may contract
with any public or private | 21 |
| agency in order to discharge any responsibilities
imposed | 22 |
| under this Section. The Department shall monitor the | 23 |
| provision of
services to persons conditionally released | 24 |
| under this Section and provide
periodic reports to the | 25 |
| Court concerning the services and the condition of the
| 26 |
| defendant.
Whenever a person is conditionally released | 27 |
| pursuant to this Section, the
State's Attorney for the | 28 |
| county in which the hearing is held shall designate in
| 29 |
| writing the name, telephone number, and address of a person | 30 |
| employed by him or
her who
shall be notified in the event | 31 |
| that either the reporting agency or the
Department decides | 32 |
| that the conditional release of the defendant should be
| 33 |
| revoked or modified pursuant to subsection (i) of this | 34 |
| Section. Such
conditional release shall be for
a period of |
|
|
|
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| five years. However, the defendant, the person or
facility
| 2 |
| rendering the treatment, therapy, program or outpatient | 3 |
| care, the
Department, or the
State's Attorney may petition | 4 |
| the Court for an extension of
the conditional
release | 5 |
| period for an additional 5 years. Upon receipt of such a
| 6 |
| petition, the Court shall hold a hearing consistent with | 7 |
| the provisions of subsections
this paragraph (a) , (a-0.2), | 8 |
| (a-0.4), (a-0.6), and (a-0.8), this subsection (a-1), and | 9 |
| subsection
paragraph (f) of this Section, shall determine
| 10 |
| whether the defendant should continue to be subject to the | 11 |
| terms of
conditional release, and shall enter an order | 12 |
| either extending the
defendant's period of conditional | 13 |
| release for an additional
5
year period or discharging the | 14 |
| defendant.
Additional 5-year periods of conditional | 15 |
| release may be ordered following a
hearing as provided in | 16 |
| this Section. However,
in no event shall the defendant's
| 17 |
| period of conditional release continue beyond the maximum | 18 |
| period of
commitment ordered by the Court pursuant to | 19 |
| paragraph (b-5)
(b) of this Section. These provisions for
| 20 |
| extension of conditional release shall only apply to | 21 |
| defendants
conditionally released on or after August 8, | 22 |
| 2003
the effective date of
this amendatory Act
of the 93rd | 23 |
| General Assembly . However the extension
provisions of | 24 |
| Public Act 83-1449 apply only to defendants charged
with a | 25 |
| forcible felony.
| 26 |
| (E) "Facility director" means the chief officer of a | 27 |
| mental health or
developmental disabilities facility or | 28 |
| the chief administrator of a Department of Corrections | 29 |
| facility or his or her designee or the supervisor of
a | 30 |
| program of treatment or habilitation or his or her | 31 |
| designee. "Designee" may
include a physician, clinical | 32 |
| psychologist, social worker, nurse, or clinical
| 33 |
| professional counselor.
| 34 |
| (b) If the Court finds the defendant in need of mental |
|
|
|
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| health services on an
inpatient basis, the
admission, | 2 |
| detention, care, treatment or habilitation, treatment plans,
| 3 |
| review proceedings, including review of treatment and | 4 |
| treatment plans, and
discharge of the defendant after such | 5 |
| order shall be under the
Mental Health and Developmental | 6 |
| Disabilities Code, except that the
initial order for admission | 7 |
| of a defendant acquitted of a felony by
reason of insanity | 8 |
| shall be for an indefinite period of time. | 9 |
| (b-5) The
Such period
of commitment shall not exceed the | 10 |
| maximum
length of time that the defendant would have been | 11 |
| required to serve,
less credit for good behavior as provided in | 12 |
| Section 5-4-1 of the Unified
Code of Corrections, before | 13 |
| becoming eligible for
release had
he been convicted of and | 14 |
| received the maximum sentence for the most
serious crime for | 15 |
| which he has been acquitted by reason of insanity. The
Court | 16 |
| shall determine the maximum period of commitment by an | 17 |
| appropriate
order. | 18 |
| (b-10) During the
this period of commitment
time , the | 19 |
| defendant shall not be permitted
to be in the community in any | 20 |
| manner, including but not limited to off-grounds
privileges, | 21 |
| with or without escort by personnel of the Department of Human
| 22 |
| Services, unsupervised on-grounds privileges,
discharge or | 23 |
| conditional or temporary release, except by a plan as provided | 24 |
| in
this Section. In no event shall a defendant's continued | 25 |
| unauthorized
absence be a basis for discharge. | 26 |
| (b-15) Not more than 30 days after admission
and every 60 | 27 |
| days thereafter so long as the initial order
remains in effect, | 28 |
| the facility director shall file a treatment plan report
in | 29 |
| writing with the court
and forward a copy of the treatment plan | 30 |
| report to the clerk of the
court, the State's Attorney, and the | 31 |
| defendant's attorney, if the defendant is
represented by | 32 |
| counsel,
or to a person authorized by
the defendant under the
| 33 |
| Mental Health and Developmental Disabilities Confidentiality | 34 |
| Act to be sent a
copy of the report. The report shall include |
|
|
|
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| 1 |
| an opinion
as to whether the
defendant is currently in need of | 2 |
| mental
health services on an inpatient basis or in need of | 3 |
| mental health services
on
an outpatient basis. The report shall | 4 |
| also summarize the basis for those
findings and provide a | 5 |
| current summary of the following items from the
treatment plan: | 6 |
| (1) an assessment of the defendant's treatment needs, (2) a
| 7 |
| description of the services recommended for treatment, (3) the | 8 |
| goals of each
type of element of service, (4) an anticipated | 9 |
| timetable for the accomplishment
of the goals, and (5) a | 10 |
| designation of the qualified professional responsible
for the | 11 |
| implementation of the plan.
The report may also include | 12 |
| unsupervised on-grounds
privileges, off-grounds privileges | 13 |
| (with or without escort by personnel of the
Department of Human | 14 |
| Services), home visits and
participation in work
programs, but | 15 |
| only where such privileges have been approved by specific court
| 16 |
| order, which order may include such conditions on the defendant | 17 |
| as the
Court may deem appropriate and necessary to reasonably | 18 |
| assure the defendant's
satisfactory progress in treatment and | 19 |
| the safety of the defendant and others.
| 20 |
| (c) Every defendant acquitted of a felony by reason of | 21 |
| insanity and
subsequently found to be in need of
mental health | 22 |
| services shall be represented by counsel in all proceedings | 23 |
| under
this Section and under the Mental Health and | 24 |
| Developmental Disabilities Code.
| 25 |
| (1) The Court shall appoint as counsel the public | 26 |
| defender or an
attorney licensed by this State.
| 27 |
| (2) Upon filing with the Court of a verified statement | 28 |
| of legal
services rendered by the private attorney | 29 |
| appointed pursuant to
paragraph (1) of this subsection, the | 30 |
| Court shall determine a reasonable
fee for such services. | 31 |
| If the defendant is unable to pay the fee, the
Court shall | 32 |
| enter an order upon the State to pay the entire fee or such
| 33 |
| amount as the defendant is unable to pay from funds | 34 |
| appropriated by the
General Assembly for that purpose.
|
|
|
|
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| (d) When the facility director determines that:
| 2 |
| (1) the defendant is no longer
in need of mental health | 3 |
| services on an inpatient basis; and
| 4 |
| (2) the defendant may be conditionally released | 5 |
| because he
or she is still in need of mental health | 6 |
| services or that the defendant
may be discharged as not in | 7 |
| need of any mental health services; or
| 8 |
| (3) the defendant no longer requires placement in a | 9 |
| secure setting;
| 10 |
| the facility director shall give written notice
to the Court, | 11 |
| State's Attorney and defense attorney.
Such notice shall set | 12 |
| forth in detail the basis for the recommendation of
the | 13 |
| facility director, and specify clearly the recommendations, if | 14 |
| any,
of the facility director, concerning conditional release.
| 15 |
| Any recommendation for conditional release shall include an | 16 |
| evaluation of
the defendant's need for psychotropic | 17 |
| medication, what provisions should be
made, if any, to ensure | 18 |
| that the defendant will continue to receive
psychotropic | 19 |
| medication following discharge, and what provisions should be | 20 |
| made
to assure the safety of the defendant and others in the | 21 |
| event the defendant is
no longer receiving psychotropic | 22 |
| medication.
Within 30 days of
the notification by the facility | 23 |
| director, the Court shall set a hearing and
make a finding as | 24 |
| to whether the defendant is:
| 25 |
| (i) (blank); or
| 26 |
| (ii) in need of mental health services in the form of | 27 |
| inpatient care; or
| 28 |
| (iii) in need of mental health services but not subject | 29 |
| to inpatient care;
or
| 30 |
| (iv) no longer in need of mental health services; or
| 31 |
| (v) no longer requires placement in a secure setting.
| 32 |
| Upon finding by the Court, the Court shall enter its | 33 |
| findings and such
appropriate order as provided in subsections
| 34 |
| subsection (a) , (a-0.2), (a-0.4), (a-0.6), (a-0.8), and (a-1)
|
|
|
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| 1 |
| of this Section.
| 2 |
| (e) A defendant admitted pursuant to this Section, or any | 3 |
| person on
his behalf, may file a petition for treatment plan | 4 |
| review, transfer to a
non-secure setting within the Department | 5 |
| of Human Services
or discharge or conditional release under the
| 6 |
| standards of this Section in the Court which rendered the | 7 |
| verdict. Upon
receipt of a petition for treatment plan review, | 8 |
| transfer to a non-secure
setting or discharge or conditional | 9 |
| release, the Court shall set a hearing to
be held within 120 | 10 |
| days. Thereafter, no new petition
may be filed for 180 days
| 11 |
| without leave of the Court.
| 12 |
| (f) The Court shall direct that notice of the time and | 13 |
| place of the
hearing be served upon the defendant, the facility | 14 |
| director, the State's
Attorney, and the defendant's attorney. | 15 |
| If requested by either the State or the
defense or if the Court | 16 |
| feels it is appropriate, an impartial examination
of the | 17 |
| defendant by a psychiatrist or clinical psychologist as defined | 18 |
| in
Section 1-103 of the Mental Health and Developmental | 19 |
| Disabilities Code who
is not in the employ of the Department of | 20 |
| Human Services shall be ordered, and
the report considered at
| 21 |
| the time of the hearing.
| 22 |
| (g) The findings of the Court shall be established by clear | 23 |
| and
convincing evidence. The burden of proof and the burden of | 24 |
| going forth
with the evidence rest with the defendant or any | 25 |
| person on the defendant's
behalf when a hearing is held to | 26 |
| review
a petition filed by or on
behalf of the defendant. The | 27 |
| evidence shall be presented in open
Court
with the right of | 28 |
| confrontation and cross-examination.
Such evidence may | 29 |
| include, but is not limited to:
| 30 |
| (1) whether the defendant appreciates the harm caused | 31 |
| by the defendant to
others and the community by his or her | 32 |
| prior
conduct
that resulted in the finding of not guilty by | 33 |
| reason of insanity;
| 34 |
| (2) Whether the person appreciates the criminality of |
|
|
|
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|
| 1 |
| conduct similar
similiar to
the conduct for which he or she | 2 |
| was originally charged in this matter;
| 3 |
| (3) the current state of
the defendant's illness;
| 4 |
| (4) what, if any, medications the defendant is taking | 5 |
| to
control his or her mental illness;
| 6 |
| (5) what, if any, adverse physical side effects
the | 7 |
| medication has on the defendant;
| 8 |
| (6) the length of time it would take for the | 9 |
| defendant's mental health to
deteriorate
if
the
defendant | 10 |
| stopped taking prescribed medication;
| 11 |
| (7) the defendant's history or potential for alcohol | 12 |
| and drug abuse;
| 13 |
| (8) the defendant's past criminal history;
| 14 |
| (9) any specialized physical or medical needs of the | 15 |
| defendant;
| 16 |
| (10) any family participation or involvement expected | 17 |
| upon release and
what is the willingness and ability of the | 18 |
| family to participate or be
involved;
| 19 |
| (11) the defendant's potential to be a danger to | 20 |
| himself, herself, or
others; and
| 21 |
| (12) any other factor or factors the Court deems | 22 |
| appropriate.
| 23 |
| (h) Before the court orders that the defendant be | 24 |
| discharged or
conditionally released, it shall order the | 25 |
| facility director to establish a
discharge plan that includes a | 26 |
| plan for the defendant's shelter, support, and
medication. If | 27 |
| appropriate, the court shall order that the facility director
| 28 |
| establish a program to train the defendant in self-medication | 29 |
| under standards
established by the Department of Human | 30 |
| Services.
If the Court finds, consistent with the provisions of | 31 |
| this Section,
that the defendant is no longer in need of mental
| 32 |
| health services it shall order the facility director to | 33 |
| discharge the
defendant. If the Court finds, consistent with | 34 |
| the provisions of this
Section, that the defendant is in need |
|
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| 1 |
| of mental
health services, and no longer in need of inpatient | 2 |
| care, it shall order
the facility director to release the | 3 |
| defendant under such conditions as the
Court deems appropriate | 4 |
| and as provided by this Section. Such conditional
release shall | 5 |
| be imposed for a period of 5 years as provided in
paragraph (1)
| 6 |
| (D) of subsection (a-1)
(a) and shall be
subject
to later | 7 |
| modification by the Court as provided by this Section. If the
| 8 |
| Court finds consistent with the provisions in this Section that | 9 |
| the
defendant is in
need of mental health services on an | 10 |
| inpatient basis, it shall order the
facility director not to | 11 |
| discharge or release the defendant in accordance
with | 12 |
| subsections
paragraph (b) , (b-5), (b-10), and (b-15) of this | 13 |
| Section.
| 14 |
| (i) If within the period of the defendant's conditional | 15 |
| release
the State's Attorney determines that the defendant has | 16 |
| not fulfilled the
conditions of his or her release, the State's | 17 |
| Attorney may petition the
Court
to
revoke or modify the | 18 |
| conditional release of the defendant. Upon the filing of
such | 19 |
| petition the defendant may be remanded to the custody of the | 20 |
| Department,
or to any other mental health facility designated | 21 |
| by the Department, pending
the resolution of the petition. | 22 |
| Nothing in this Section shall prevent the
emergency admission | 23 |
| of a defendant pursuant to Article VI of Chapter III of the
| 24 |
| Mental Health
and Developmental Disabilities Code or the | 25 |
| voluntary admission of the defendant
pursuant to Article IV of | 26 |
| Chapter III of the Mental Health and Developmental
Disabilities
| 27 |
| Code. If
the Court determines, after hearing evidence, that the | 28 |
| defendant has
not fulfilled the conditions of release, the | 29 |
| Court shall order a hearing
to be held consistent with the | 30 |
| provisions of paragraph (f) and (g) of this
Section. At such | 31 |
| hearing, if the Court finds that the defendant is in need of | 32 |
| mental health services on an inpatient
basis, it shall enter an | 33 |
| order remanding him or her to the Department of
Human Services | 34 |
| or other
facility. If the defendant is remanded to the |
|
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|
| 1 |
| Department of Human Services, he
or she shall be placed in
a | 2 |
| secure setting unless the Court
determines that there are | 3 |
| compelling reasons that such placement is not
necessary. If the
| 4 |
| Court finds that the defendant continues to be in need of | 5 |
| mental health
services but not on an inpatient basis, it may | 6 |
| modify the conditions of
the original release in order to | 7 |
| reasonably assure the defendant's satisfactory
progress in | 8 |
| treatment and his or her safety and the safety of others in
| 9 |
| accordance with the standards established in paragraph (1) (D) | 10 |
| of subsection (a-1)
(a) . Nothing in
this Section shall limit a | 11 |
| Court's contempt powers or any other powers of a
Court.
| 12 |
| (j) An order of admission under this Section does not | 13 |
| affect the
remedy of habeas corpus.
| 14 |
| (k) In the event of a conflict between this Section and the | 15 |
| Mental Health
and Developmental Disabilities Code or the Mental | 16 |
| Health and Developmental
Disabilities Confidentiality Act, the | 17 |
| provisions of this Section shall govern.
| 18 |
| (l) This amendatory Act shall apply to all persons who have | 19 |
| been found
not guilty by reason of insanity and who are | 20 |
| presently committed to the
Department of Mental Health and | 21 |
| Developmental Disabilities (now the
Department of Human | 22 |
| Services).
| 23 |
| (m) The Clerk of the Court shall, after the entry of an | 24 |
| order of transfer
to a non-secure setting of the Department of | 25 |
| Human Services or discharge or
conditional release, transmit
a | 26 |
| certified
copy of the order to the Department of Human | 27 |
| Services, and the sheriff of the
county from which the
| 28 |
| defendant was
admitted.
The Clerk of the Court shall also | 29 |
| transmit a certified copy of the order of
discharge or | 30 |
| conditional release to the Illinois Department of State Police, | 31 |
| to
the proper law enforcement agency for the municipality
where | 32 |
| the offense took
place, and to the sheriff of the county into | 33 |
| which the defendant is
conditionally discharged. The Illinois | 34 |
| Department of State Police shall
maintain a
centralized record |
|
|
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| 1 |
| of discharged or conditionally released defendants while
they | 2 |
| are under court supervision for access and use of appropriate | 3 |
| law
enforcement agencies.
| 4 |
| (n) Within 60 days after the effective date of this | 5 |
| amendatory Act of the 94th General Assembly, the Department of | 6 |
| Human Services and the Department of Corrections shall enter | 7 |
| into an interagency agreement for the sharing of resources to | 8 |
| effectuate the services required for the evaluation, | 9 |
| treatment, and report writing required by the Department of | 10 |
| Corrections pursuant to this Section. The cost of these | 11 |
| services shall be provided by the Department of Human Services.
| 12 |
| (Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03; revised | 13 |
| 1-22-04.)
| 14 |
| Section 95. No acceleration or delay. Where this Act makes | 15 |
| changes in a statute that is represented in this Act by text | 16 |
| that is not yet or no longer in effect (for example, a Section | 17 |
| represented by multiple versions), the use of that text does | 18 |
| not accelerate or delay the taking effect of (i) the changes | 19 |
| made by this Act or (ii) provisions derived from any other | 20 |
| Public Act.
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law, except that Sections 15 and 20 take effect | 23 |
| January 1, 2007.".
|
|