Full Text of SB1938 99th General Assembly
SB1938enr 99TH GENERAL ASSEMBLY |
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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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