HB3897 Engrossed LRB096 04204 RLC 14248 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 104-17 as follows:
6     (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
7     Sec. 104-17. Commitment for Treatment; Treatment Plan.
8     (a) If the defendant is eligible to be or has been released
9 on bail or on his own recognizance, the court shall select the
10 least physically restrictive form of treatment therapeutically
11 appropriate and consistent with the treatment plan.
12     (b) If the defendant's disability is mental, the court may
13 order him placed for treatment in the custody of the Department
14 of Human Services, or the court may order him placed in the
15 custody of any other appropriate public or private mental
16 health facility or treatment program which has agreed to
17 provide treatment to the defendant. If the defendant is placed
18 in the custody of the Department of Human Services, the
19 defendant shall be placed in a secure setting unless the court
20 determines that there are compelling reasons why such placement
21 is not necessary. During the period of time required to
22 determine the appropriate placement the defendant shall remain
23 in jail. If upon the completion of the placement process the



HB3897 Engrossed - 2 - LRB096 04204 RLC 14248 b

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



HB3897 Engrossed - 3 - LRB096 04204 RLC 14248 b

1     arrest record, jail record, and the report prepared under
2     Section 104-15; and
3         (5) 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 (Source: P.A. 95-296, eff. 8-20-07.)
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.