Full Text of HB4044 99th General Assembly
HB4044 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4044 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/104-17 | from Ch. 38, par. 104-17 |
725 ILCS 5/104-20 | from Ch. 38, par. 104-20 |
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Amends the Code of Criminal Procedure of 1963. Provides that the clerk of the circuit court shall transmit to the Department of Human Services, agency
or institution, if any, to which an unfit defendant is remanded for treatment the complete copy of any fitness report prepared or other report prepared by a forensic examiner for the court. Provides that if the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.
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| | A BILL FOR |
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| 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 Sections 104-17 and 104-20 as follows:
| 6 | | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| 7 | | Sec. 104-17. Commitment for Treatment; Treatment Plan.
| 8 | | (a) If the defendant
is eligible to be or has been released | 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. During
the | 20 | | period of time required to determine the appropriate placement | 21 | | the
defendant shall remain in jail. If upon the completion of | 22 | | the placement process the Department of Human Services | 23 | | determines that the defendant is currently fit to stand trial, |
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| 1 | | it shall immediately notify the court and shall submit a | 2 | | written report within 7 days. In that circumstance the | 3 | | placement shall be held pending a court hearing on the | 4 | | Department's report. Otherwise, upon completion of the | 5 | | placement process, the
sheriff shall be notified and shall | 6 | | transport the defendant to the designated
facility. The | 7 | | placement may be ordered either on an inpatient or an | 8 | | outpatient
basis.
| 9 | | (c) If the defendant's disability is physical, the court | 10 | | may order him
placed under the supervision of the Department of | 11 | | Human
Services
which shall place and maintain the defendant in | 12 | | a suitable treatment facility
or program, or the court may | 13 | | order him placed in an appropriate public or
private facility | 14 | | or treatment program which has agreed to provide treatment
to | 15 | | the defendant. The placement may be ordered either on an | 16 | | inpatient or
an outpatient basis.
| 17 | | (d) The clerk of the circuit court shall transmit to the | 18 | | Department, agency
or institution, if any, to which the | 19 | | defendant is remanded for treatment, the
following:
| 20 | | (1) a certified copy of the order to undergo treatment . | 21 | | Accompanying the certified copy of the order to undergo | 22 | | treatment shall be the complete copy of any report prepared | 23 | | under Section 104-15 of this Code or other report prepared | 24 | | by a forensic examiner for the court ;
| 25 | | (2) the county and municipality in which the offense | 26 | | was committed;
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| 1 | | (3) the county and municipality in which the arrest | 2 | | took place; | 3 | | (4) a copy of the arrest report, criminal charges, | 4 | | arrest record , jail record, and the report prepared under | 5 | | Section 104-15 ; and
| 6 | | (5) all additional matters which the Court directs the | 7 | | clerk to transmit.
| 8 | | (e) Within 30 days of entry of an order to undergo | 9 | | treatment, the person
supervising the defendant's treatment | 10 | | shall file with the court, the State,
and the defense a report | 11 | | assessing the facility's or program's capacity
to provide | 12 | | appropriate treatment for the defendant and indicating his | 13 | | opinion
as to the probability of the defendant's attaining | 14 | | fitness within a period
of time from the date of the finding of | 15 | | unfitness. For a defendant charged with a felony, the period of | 16 | | time shall be one year. For a defendant charged with a | 17 | | misdemeanor, the period of time shall be no longer than the | 18 | | sentence if convicted of the most serious offense. If the | 19 | | report indicates
that there is a substantial probability that | 20 | | the defendant will attain fitness
within the time period, the | 21 | | treatment supervisor shall also file a treatment
plan which | 22 | | shall include:
| 23 | | (1) A diagnosis of the defendant's disability;
| 24 | | (2) A description of treatment goals with respect to | 25 | | rendering the
defendant
fit, a specification of the | 26 | | proposed treatment modalities, and an estimated
timetable |
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| 1 | | for attainment of the goals;
| 2 | | (3) An identification of the person in charge of | 3 | | supervising the
defendant's
treatment.
| 4 | | (Source: P.A. 98-1025, eff. 8-22-14.)
| 5 | | (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
| 6 | | Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) | 7 | | (a) Upon entry
or continuation of any order to undergo | 8 | | treatment, the court shall set a
date for hearing to reexamine | 9 | | the issue of the defendant's fitness not more
than 90 days | 10 | | thereafter. In addition, whenever the court receives a report
| 11 | | from the supervisor of the defendant's treatment pursuant to | 12 | | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | 13 | | court shall forthwith
set the matter for a first hearing within | 14 | | 14 days unless good cause is demonstrated why the hearing | 15 | | cannot be held. On the date set or upon conclusion of the | 16 | | matter
then pending before it, the court, sitting without a | 17 | | jury, shall conduct
a hearing, unless waived by the defense, | 18 | | and shall determine:
| 19 | | (1) Whether the defendant is fit to stand trial or to | 20 | | plead; and if not,
| 21 | | (2) Whether the defendant is making progress under | 22 | | treatment toward attainment
of fitness within the time | 23 | | period set in subsection (e) of Section 104-17 of this Code | 24 | | from the date of the original finding
of unfitness.
| 25 | | (b) If the court finds the defendant to be fit pursuant to |
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| 1 | | this Section,
the court shall set the matter for trial; | 2 | | provided that if the defendant
is in need of continued care or | 3 | | treatment and the supervisor of the defendant's
treatment | 4 | | agrees to continue to provide it, the court may enter any order
| 5 | | it deems appropriate for the continued care or treatment of the | 6 | | defendant
by the facility or program pending the conclusion of | 7 | | the criminal proceedings.
| 8 | | (c) If the court finds that the defendant is still unfit | 9 | | but that he is
making progress toward attaining fitness, the | 10 | | court may continue or modify
its original treatment order | 11 | | entered pursuant to Section 104-17.
| 12 | | (d) If the court finds that the defendant is still unfit | 13 | | and that he is
not making progress toward attaining fitness | 14 | | such that there is not a
substantial probability that he will | 15 | | attain fitness within the time period set in subsection (e) of | 16 | | Section 104-17 of this Code from
the date of the original | 17 | | finding of unfitness, the court shall proceed pursuant
to | 18 | | Section 104-23. However, if the defendant is in need of | 19 | | continued care
and treatment and the supervisor of the | 20 | | defendant's treatment agrees to
continue to provide it, the | 21 | | court may enter any order it deems appropriate
for the | 22 | | continued care or treatment by the facility or program pending | 23 | | the
conclusion of the criminal proceedings.
| 24 | | (e) If the court finds that the defendant is still unfit | 25 | | after being recommended as fit by the supervisor of the | 26 | | defendant's treatment, the court shall attach a copy of any |
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| 1 | | written report that identifies the factors in the finding that | 2 | | the defendant continues to be unfit, prepared by a licensed | 3 | | physician, clinical psychologist, or psychiatrist, to the | 4 | | court order remanding the person for further treatment. | 5 | | (Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)
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