Full Text of HB3616 102nd General Assembly
HB3616 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3616 Introduced 2/22/2021, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/104-17 | from Ch. 38, par. 104-17 |
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Amends the Code of Criminal Procedure of 1963. Provides that in the case of an order of the court committing a defendant who has been found unfit to stand trial for treatment, the court shall order that the placement be on an outpatient basis unless the court determines that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis. Provides that if the court determines that placement on an outpatient basis is not appropriate, the court shall (rather than may) order the defendant placed for treatment in the custody of the Department of Human Services or the court may order him or her placed in the custody of any other appropriate public or private inpatient mental health facility (deletes treatment program) which has agreed to provide treatment to the defendant. Makes other changes.
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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 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. The | 12 | | placement may be ordered either on an inpatient or an | 13 | | outpatient basis. The court shall order that the placement be | 14 | | on an outpatient basis unless the court determines that | 15 | | outpatient treatment will not provide reasonable assurances | 16 | | for the safety of the defendant and others or provide | 17 | | reasonable assurances that the defendant can be restored to | 18 | | fitness on an outpatient basis. If the court determines that | 19 | | placement on an outpatient basis is not appropriate (b) If the | 20 | | defendant's disability is mental , the court shall may order | 21 | | the defendant him placed
for treatment in the custody of the | 22 | | Department of Human Services which shall place and maintain | 23 | | the defendant in a suitable treatment facility or program , or |
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| 1 | | the court may order him or her placed in
the custody of any | 2 | | other
appropriate public or private inpatient mental health | 3 | | facility or treatment program
which has agreed to provide | 4 | | treatment to the defendant. If the court determines that | 5 | | placement on an outpatient basis is appropriate, the court | 6 | | shall order the defendant placed in the custody of any | 7 | | appropriate public or private outpatient treatment program | 8 | | which has been approved by the Department of Human Services | 9 | | and has agreed to provide treatment to the defendant. | 10 | | (b) If the defendant is in custody and If the court orders | 11 | | the defendant placed in the custody of the Department of Human | 12 | | Services, the Department shall evaluate the defendant to | 13 | | determine to which secure facility the defendant shall be | 14 | | transported and, within 20 days of the transmittal by the | 15 | | clerk of the circuit court of the placement court order, | 16 | | notify the sheriff of the designated facility. Upon receipt of | 17 | | that notice, the sheriff shall promptly transport the | 18 | | defendant to the designated facility. If the defendant
is | 19 | | placed in the custody of the Department of Human Services, the | 20 | | defendant shall be placed in a
secure setting. During
the | 21 | | period of time required to determine the appropriate placement | 22 | | the
defendant shall remain in jail. If during the course of | 23 | | evaluating the defendant for placement, the Department of | 24 | | Human Services determines that the defendant is currently fit | 25 | | to stand trial, it shall immediately notify the court and | 26 | | shall submit a written report within 7 days. In that |
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| 1 | | circumstance the placement shall be held pending a court | 2 | | hearing on the Department's report. Otherwise, upon completion | 3 | | of the placement process, the
sheriff shall be notified and | 4 | | shall transport the defendant to the designated
facility. If, | 5 | | within 20 days of the transmittal by the clerk of the circuit | 6 | | court of the placement court order, the Department fails to | 7 | | notify the sheriff of the identity of the facility to which the | 8 | | defendant shall be transported, the sheriff shall contact a | 9 | | designated person within the Department to inquire about when | 10 | | a placement will become available at the designated facility | 11 | | and bed availability at other facilities. If, within
20 days | 12 | | of the transmittal by the clerk of the circuit court of the | 13 | | placement court order, the Department
fails to notify the | 14 | | sheriff of the identity of the facility to
which the defendant | 15 | | shall be transported, the sheriff shall
notify the Department | 16 | | of its intent to transfer the defendant to the nearest secure | 17 | | mental health facility operated by the Department and inquire | 18 | | as to the status of the placement evaluation and availability | 19 | | for admission to such facility operated by the Department by | 20 | | contacting a designated person within the Department. The | 21 | | Department shall respond to the sheriff within 2 business days | 22 | | of the notice and inquiry by the sheriff seeking the transfer | 23 | | and the Department shall provide the sheriff with the status | 24 | | of the evaluation, information on bed and placement | 25 | | availability, and an estimated date of admission for the | 26 | | defendant and any changes to that estimated date of admission. |
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| 1 | | If the Department notifies the sheriff during the 2 business | 2 | | day period of a facility operated by the Department with | 3 | | placement availability, the sheriff shall promptly transport | 4 | | the defendant to that facility. If the Department determines | 5 | | that a defendant, who has been placed in the Department's | 6 | | custody for treatment on an inpatient basis, can be treated on | 7 | | an outpatient basis, the Department shall provide written | 8 | | notification to the court, the State's Attorney, and counsel | 9 | | for defendant of that determination, which notification shall | 10 | | set forth in detail the basis for the Department's | 11 | | determination. If the court determines that outpatient | 12 | | treatment will provide reasonable assurances for the safety of | 13 | | the defendant and others and provides reasonable assurances | 14 | | that the defendant can be restored to fitness on an outpatient | 15 | | basis, the court shall order the defendant to undergo | 16 | | treatment on an outpatient basis as provided in subsection (a) | 17 | | of this Section The placement may be ordered either on an | 18 | | inpatient or an outpatient
basis .
| 19 | | (c) If the defendant is not in custody and the court orders | 20 | | defendant placed in the custody of the Department of Human | 21 | | Services, the Department shall notify the defendant of the | 22 | | facility to which he or she must report and the date and time | 23 | | that the defendant must report to that facility. If the | 24 | | defendant fails to report to the facility, the Department | 25 | | shall notify the sheriff who shall transport the defendant to | 26 | | the designated facility. If the defendant's disability is |
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| 1 | | physical, the court may order him
placed under the supervision | 2 | | of the Department of Human
Services
which shall place and | 3 | | maintain the defendant in a suitable treatment facility
or | 4 | | program, or the court may order him placed in an appropriate | 5 | | public or
private facility or treatment program which has | 6 | | agreed to provide treatment
to the defendant. The placement | 7 | | may be ordered either on an inpatient or
an outpatient basis.
| 8 | | (c-5) If the defendant has been placed in an outpatient | 9 | | treatment program, that program shall promptly notify the | 10 | | court, the Department, the State's Attorney and counsel for | 11 | | defendant should the defendant fail to comply with the | 12 | | provisions of the court order for treatment or should the | 13 | | defendant no longer be appropriate for outpatient fitness | 14 | | restoration. If the court determines that outpatient treatment | 15 | | is no longer appropriate pursuant to the standard in | 16 | | subsection (a), the court shall order the defendant to receive | 17 | | treatment on an inpatient basis as provided in subsection (c). | 18 | | Nothing in this Section shall limit a court's contempt powers | 19 | | or any other powers of a court. | 20 | | (d) The clerk of the circuit court shall within 5 days of | 21 | | the entry of the order transmit to the Department, agency
or | 22 | | institution, if any, to which the defendant is remanded for | 23 | | treatment, the
following:
| 24 | | (1) a certified copy of the order to undergo | 25 | | treatment. Accompanying the certified copy of the order to | 26 | | undergo treatment shall be the complete copy of any report |
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| 1 | | prepared under Section 104-15 of this Code or other report | 2 | | prepared by a forensic examiner for the court;
| 3 | | (2) the county and municipality in which the offense | 4 | | was committed;
| 5 | | (3) the county and municipality in which the arrest | 6 | | took place; | 7 | | (4) a copy of the arrest report, criminal charges, | 8 | | arrest record; and
| 9 | | (5) all additional matters which the Court directs the | 10 | | clerk to transmit.
| 11 | | (e) Within 30 days of entry of an order to undergo | 12 | | treatment, the person
supervising the defendant's treatment | 13 | | shall file with the court, the State,
and the defense a report | 14 | | assessing the facility's or program's capacity
to provide | 15 | | appropriate treatment for the defendant and indicating his | 16 | | opinion
as to the probability of the defendant's attaining | 17 | | fitness within a period
of time from the date of the finding of | 18 | | unfitness. For a defendant charged with a felony, the period | 19 | | of time shall be one year. For a defendant charged with a | 20 | | misdemeanor, the period of time shall be no longer than the | 21 | | sentence if convicted of the most serious offense. If the | 22 | | report indicates
that there is a substantial probability that | 23 | | the defendant will attain fitness
within the time period, the | 24 | | treatment supervisor shall also file a treatment
plan which | 25 | | shall include:
| 26 | | (1) A diagnosis of the defendant's disability;
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| 1 | | (2) A description of treatment goals with respect to | 2 | | rendering the
defendant
fit, a specification of the | 3 | | proposed treatment modalities, and an estimated
timetable | 4 | | for attainment of the goals;
| 5 | | (3) An identification of the person in charge of | 6 | | supervising the
defendant's
treatment.
| 7 | | (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
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