Full Text of SB0386 95th General Assembly
SB0386enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Sections 104-17 and 104-31 as follows:
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| (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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| Sec. 104-17. Commitment for Treatment; Treatment Plan.
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| (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.
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| (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. Upon completion of the placement process, the
sheriff |
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| shall be notified and shall transport the defendant to the | 2 |
| designated
facility. The placement may be ordered either on an | 3 |
| inpatient or an outpatient
basis.
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| (c) If the defendant's disability is physical, the court | 5 |
| may order him
placed under the supervision of the Department of | 6 |
| Human
Services
which shall place and maintain the defendant in | 7 |
| a suitable treatment facility
or program, or the court may | 8 |
| order him placed in an appropriate public or
private facility | 9 |
| or treatment program which has agreed to provide treatment
to | 10 |
| the defendant. The placement may be ordered either on an | 11 |
| inpatient or
an outpatient basis.
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| (d) The clerk of the circuit court shall transmit to the | 13 |
| Department, agency
or institution, if any, to which the | 14 |
| defendant is remanded for treatment, the
following:
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| (1) a certified copy of the order to undergo treatment;
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| (2) the county and municipality in which the offense | 17 |
| was committed;
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| (3) the county and municipality in which the arrest | 19 |
| took place; and | 20 |
| (4) a copy of the arrest report, criminal charges, | 21 |
| arrest record, jail record, and the report prepared under | 22 |
| Section 104-15; and
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| (5)
(4) all additional matters which the Court directs | 24 |
| the clerk to transmit.
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| (e) Within 30 days of entry of an order to undergo | 26 |
| treatment, the person
supervising the defendant's treatment |
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| shall file with the court, the State,
and the defense a report | 2 |
| assessing the facility's or program's capacity
to provide | 3 |
| appropriate treatment for the defendant and indicating his | 4 |
| opinion
as to the probability of the defendant's attaining | 5 |
| fitness within a period
of one year from the date of the | 6 |
| finding of unfitness. If the report indicates
that there is a | 7 |
| substantial probability that the defendant will attain fitness
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| within the time period, the treatment supervisor shall also | 9 |
| file a treatment
plan which shall include:
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| (1) A diagnosis of the defendant's disability;
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| (2) A description of treatment goals with respect to | 12 |
| rendering the
defendant
fit, a specification of the | 13 |
| proposed treatment modalities, and an estimated
timetable | 14 |
| for attainment of the goals;
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| (3) An identification of the person in charge of | 16 |
| supervising the
defendant's
treatment.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
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| Sec. 104-31. No defendant placed in a secure setting of the | 20 |
| Department of
Human Services pursuant to
the provisions of | 21 |
| Sections 104-17, 104-25, or 104-26 shall be permitted outside
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| the facility's
housing unit unless escorted or accompanied by | 23 |
| personnel of the Department of
Human Services.
Any defendant | 24 |
| placed in a secure setting pursuant to this Section,
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| transported to court hearings or other necessary appointments
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| off facility grounds
by personnel of
the Department of Human | 2 |
| Services, may be
placed in security devices
or otherwise | 3 |
| secured during the period of transportation to assure
secure | 4 |
| transport of the defendant and the safety of Department
of | 5 |
| Human Services personnel and others. These security measures
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| shall not constitute restraint as defined in the Mental Health | 7 |
| and
Developmental Disabilities Code.
Nor shall
such defendant
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| be permitted any off-grounds privileges, either with or without | 9 |
| escort by
personnel of the Department of Human Services,
or any | 10 |
| unsupervised on-ground privileges, unless such off-grounds or
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| unsupervised on-grounds privileges have been approved by | 12 |
| specific court
order, which order may include such conditions | 13 |
| on the defendant as the
court may deem appropriate and | 14 |
| necessary to reasonably assure the
defendant's satisfactory | 15 |
| progress in treatment and the safety of the defendant
or | 16 |
| others. Whenever the court receives a report from the | 17 |
| supervisor of the defendant's treatment recommending the | 18 |
| defendant for any off-grounds or unsupervised on-grounds | 19 |
| privileges, or placement in a non-secure setting, the court | 20 |
| shall set the matter for a first hearing within 21 days unless | 21 |
| good cause is demonstrated why the hearing cannot be held.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-105, eff. 7-11-97.)
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| Section 10. The Unified Code of Corrections is amended by | 24 |
| changing Section 5-2-4 as follows:
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| (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
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| Sec. 5-2-4. Proceedings after Acquittal by Reason of | 3 |
| Insanity.
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| (a) After a finding or verdict of not guilty by reason of | 5 |
| insanity
under Sections 104-25, 115-3 or 115-4 of The Code of | 6 |
| Criminal Procedure
of 1963, the defendant shall be ordered to | 7 |
| the Department of Human Services for
an evaluation as to
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| whether he is in need of mental health
services. The order
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| shall specify whether the evaluation shall be conducted on an | 10 |
| inpatient or
outpatient basis. If the evaluation is to be | 11 |
| conducted on an inpatient
basis, the defendant shall be placed | 12 |
| in a secure setting unless the Court
determines that there are | 13 |
| compelling reasons why such placement is not
necessary. With | 14 |
| the court order for evaluation shall be sent a copy of the | 15 |
| arrest report, criminal charges, arrest record, jail record, | 16 |
| and any report prepared under Section 115-6 of the Code of | 17 |
| Criminal Procedure of 1963.
After the evaluation and during the | 18 |
| period of time required to
determine the appropriate placement, | 19 |
| the defendant shall
remain in jail.
Upon completion of the | 20 |
| placement process the sheriff shall be notified and
shall | 21 |
| transport the defendant to the designated facility.
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| The Department shall provide the Court with a report of its | 23 |
| evaluation
within 30 days of the date of this order. The Court | 24 |
| shall hold a hearing
as provided under the Mental Health and | 25 |
| Developmental Disabilities Code to
determine if the individual | 26 |
| is:
(a)
in need of mental health services on an inpatient |
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| basis; (b) in
need of
mental health services on an outpatient | 2 |
| basis; (c) a person not in
need of
mental health services. The | 3 |
| Court shall enter its findings.
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| If the defendant is found to be in
need
of mental health | 5 |
| services on an inpatient care basis, the Court shall order the
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| defendant to the Department of Human Services.
The defendant | 7 |
| shall be placed in a secure setting unless the Court determines
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| that there are compelling reasons why such placement is not | 9 |
| necessary. Such
defendants placed in a secure setting shall not | 10 |
| be permitted outside the
facility's housing unit unless | 11 |
| escorted or accompanied by personnel of the
Department of Human | 12 |
| Services or with the prior approval of the Court for
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| unsupervised
on-grounds privileges as provided
herein.
Any | 14 |
| defendant placed in a secure setting pursuant to this Section,
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| transported to court hearings or other necessary appointments
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| off facility grounds
by personnel of
the Department of Human | 17 |
| Services, shall be
placed in security devices
or otherwise | 18 |
| secured during the period of transportation to assure
secure | 19 |
| transport of the defendant and the safety of Department
of | 20 |
| Human Services personnel and others. These security measures
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| shall not constitute restraint as defined in the Mental Health | 22 |
| and
Developmental Disabilities Code.
If the defendant is found | 23 |
| to be in need of mental health services,
but not on an | 24 |
| inpatient care basis, the Court shall conditionally release
the | 25 |
| defendant, under such conditions as set forth in this Section | 26 |
| as will
reasonably assure the defendant's satisfactory |
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| progress and participation
in treatment or
rehabilitation and | 2 |
| the safety of the defendant and others. If the
Court
finds the | 3 |
| person not in need of mental health services, then the Court
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| shall order the defendant discharged from custody.
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| (a-1)
(1) Definitions . : For the purposes of this Section:
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| (A) (Blank).
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| (B) "In need of mental health services on an inpatient | 8 |
| basis" means: a
defendant who has been found not guilty by | 9 |
| reason of insanity but who due to mental illness is
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| reasonably expected to inflict
serious physical harm upon | 11 |
| himself or another and who would benefit from
inpatient | 12 |
| care or is in need of inpatient care.
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| (C) "In need of mental health services on an outpatient | 14 |
| basis" means:
a defendant who has been found not guilty by | 15 |
| reason of insanity who is not in need of mental health | 16 |
| services on
an inpatient basis, but is in need of | 17 |
| outpatient care, drug and/or alcohol
rehabilitation | 18 |
| programs, community adjustment programs, individual, | 19 |
| group,
or family therapy, or chemotherapy.
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| (D) "Conditional Release" means: the release from | 21 |
| either the custody
of the Department of Human Services
or | 22 |
| the custody of the Court of a person who has been found not | 23 |
| guilty by
reason of insanity under such conditions as the | 24 |
| Court may impose which
reasonably assure the defendant's | 25 |
| satisfactory progress in
treatment or habilitation and the | 26 |
| safety of the defendant and others. The
Court shall |
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| consider such terms and conditions which may include, but | 2 |
| need
not be limited to, outpatient care, alcoholic and drug | 3 |
| rehabilitation programs,
community adjustment programs, | 4 |
| individual, group, family, and chemotherapy,
random | 5 |
| testing to ensure the defendant's timely and continuous | 6 |
| taking of any
medicines prescribed
to control or manage his | 7 |
| or her conduct or mental state, and
periodic checks with | 8 |
| the legal authorities and/or the Department of Human
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| Services.
The Court may order as a condition of conditional | 10 |
| release that the
defendant not contact the victim of the | 11 |
| offense that
resulted in the finding or
verdict of not | 12 |
| guilty by reason of insanity or any other person. The Court | 13 |
| may
order the
Department of
Human Services to provide care | 14 |
| to any
person conditionally released under this Section. | 15 |
| The Department may contract
with any public or private | 16 |
| agency in order to discharge any responsibilities
imposed | 17 |
| under this Section. The Department shall monitor the | 18 |
| provision of
services to persons conditionally released | 19 |
| under this Section and provide
periodic reports to the | 20 |
| Court concerning the services and the condition of the
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| defendant.
Whenever a person is conditionally released | 22 |
| pursuant to this Section, the
State's Attorney for the | 23 |
| county in which the hearing is held shall designate in
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| writing the name, telephone number, and address of a person | 25 |
| employed by him or
her who
shall be notified in the event | 26 |
| that either the reporting agency or the
Department decides |
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| that the conditional release of the defendant should be
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| revoked or modified pursuant to subsection (i) of this | 3 |
| Section. Such
conditional release shall be for
a period of | 4 |
| five years. However, the defendant, the person or
facility
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| rendering the treatment, therapy, program or outpatient | 6 |
| care, the
Department, or the
State's Attorney may petition | 7 |
| the Court for an extension of
the conditional
release | 8 |
| period for an additional 5 years. Upon receipt of such a
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| petition, the Court shall hold a hearing consistent with | 10 |
| the provisions of
this paragraph (a) , this paragraph (a-1),
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| and paragraph (f) of this Section, shall determine
whether | 12 |
| the defendant should continue to be subject to the terms of
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| conditional release, and shall enter an order either | 14 |
| extending the
defendant's period of conditional release | 15 |
| for an additional
5
year period or discharging the | 16 |
| defendant.
Additional 5-year periods of conditional | 17 |
| release may be ordered following a
hearing as provided in | 18 |
| this Section. However,
in no event shall the defendant's
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| period of conditional release continue beyond the maximum | 20 |
| period of
commitment ordered by the Court pursuant to | 21 |
| paragraph (b) of this Section. These provisions for
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| extension of conditional release shall only apply to | 23 |
| defendants
conditionally released on or after August 8, | 24 |
| 2003
the effective date of
this amendatory Act
of the 93rd | 25 |
| General Assembly . However the extension
provisions of | 26 |
| Public Act 83-1449 apply only to defendants charged
with a |
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| forcible felony.
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| (E) "Facility director" means the chief officer of a | 3 |
| mental health or
developmental disabilities facility or | 4 |
| his or her designee or the supervisor of
a program of | 5 |
| treatment or habilitation or his or her designee. | 6 |
| "Designee" may
include a physician, clinical psychologist, | 7 |
| social worker, nurse, or clinical
professional counselor.
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| (b) If the Court finds the defendant in need of mental | 9 |
| health services on an
inpatient basis, the
admission, | 10 |
| detention, care, treatment or habilitation, treatment plans,
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| review proceedings, including review of treatment and | 12 |
| treatment plans, and
discharge of the defendant after such | 13 |
| order shall be under the
Mental Health and Developmental | 14 |
| Disabilities Code, except that the
initial order for admission | 15 |
| of a defendant acquitted of a felony by
reason of insanity | 16 |
| shall be for an indefinite period of time. Such period
of | 17 |
| commitment shall not exceed the maximum
length of time that the | 18 |
| defendant would have been required to serve,
less credit for | 19 |
| good behavior as provided in Section 5-4-1 of the Unified
Code | 20 |
| of Corrections, before becoming eligible for
release had
he | 21 |
| been convicted of and received the maximum sentence for the | 22 |
| most
serious crime for which he has been acquitted by reason of | 23 |
| insanity. The
Court shall determine the maximum period of | 24 |
| commitment by an appropriate
order. During this period of time, | 25 |
| the defendant shall not be permitted
to be in the community in | 26 |
| any manner, including but not limited to off-grounds
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| privileges, with or without escort by personnel of the | 2 |
| Department of Human
Services, unsupervised on-grounds | 3 |
| privileges,
discharge or conditional or temporary release, | 4 |
| except by a plan as provided in
this Section. In no event shall | 5 |
| a defendant's continued unauthorized
absence be a basis for | 6 |
| discharge. Not more than 30 days after admission
and every 60 | 7 |
| days thereafter so long as the initial order
remains in effect, | 8 |
| the facility director shall file a treatment plan report
in | 9 |
| writing with the court
and forward a copy of the treatment plan | 10 |
| report to the clerk of the
court, the State's Attorney, and the | 11 |
| defendant's attorney, if the defendant is
represented by | 12 |
| counsel,
or to a person authorized by
the defendant under the
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| Mental Health and Developmental Disabilities Confidentiality | 14 |
| Act to be sent a
copy of the report. The report shall include | 15 |
| an opinion
as to whether the
defendant is currently in need of | 16 |
| mental
health services on an inpatient basis or in need of | 17 |
| mental health services
on
an outpatient basis. The report shall | 18 |
| also summarize the basis for those
findings and provide a | 19 |
| current summary of the following items from the
treatment plan: | 20 |
| (1) an assessment of the defendant's treatment needs, (2) a
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| description of the services recommended for treatment, (3) the | 22 |
| goals of each
type of element of service, (4) an anticipated | 23 |
| timetable for the accomplishment
of the goals, and (5) a | 24 |
| designation of the qualified professional responsible
for the | 25 |
| implementation of the plan.
The report may also include | 26 |
| unsupervised on-grounds
privileges, off-grounds privileges |
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| (with or without escort by personnel of the
Department of Human | 2 |
| Services), home visits and
participation in work
programs, but | 3 |
| only where such privileges have been approved by specific court
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| order, which order may include such conditions on the defendant | 5 |
| as the
Court may deem appropriate and necessary to reasonably | 6 |
| assure the defendant's
satisfactory progress in treatment and | 7 |
| the safety of the defendant and others.
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| (c) Every defendant acquitted of a felony by reason of | 9 |
| insanity and
subsequently found to be in need of
mental health | 10 |
| services shall be represented by counsel in all proceedings | 11 |
| under
this Section and under the Mental Health and | 12 |
| Developmental Disabilities Code.
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| (1) The Court shall appoint as counsel the public | 14 |
| defender or an
attorney licensed by this State.
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| (2) Upon filing with the Court of a verified statement | 16 |
| of legal
services rendered by the private attorney | 17 |
| appointed pursuant to
paragraph (1) of this subsection, the | 18 |
| Court shall determine a reasonable
fee for such services. | 19 |
| If the defendant is unable to pay the fee, the
Court shall | 20 |
| enter an order upon the State to pay the entire fee or such
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| amount as the defendant is unable to pay from funds | 22 |
| appropriated by the
General Assembly for that purpose.
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| (d) When the facility director determines that:
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| (1) the defendant is no longer
in need of mental health | 25 |
| services on an inpatient basis; and
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| (2) the defendant may be conditionally released |
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| because he
or she is still in need of mental health | 2 |
| services or that the defendant
may be discharged as not in | 3 |
| need of any mental health services; or
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| (3) the defendant no longer requires placement in a | 5 |
| secure setting;
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| the facility director shall give written notice
to the Court, | 7 |
| State's Attorney and defense attorney.
Such notice shall set | 8 |
| forth in detail the basis for the recommendation of
the | 9 |
| facility director, and specify clearly the recommendations, if | 10 |
| any,
of the facility director, concerning conditional release.
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| Any recommendation for conditional release shall include an | 12 |
| evaluation of
the defendant's need for psychotropic | 13 |
| medication, what provisions should be
made, if any, to ensure | 14 |
| that the defendant will continue to receive
psychotropic | 15 |
| medication following discharge, and what provisions should be | 16 |
| made
to assure the safety of the defendant and others in the | 17 |
| event the defendant is
no longer receiving psychotropic | 18 |
| medication.
Within 30 days of
the notification by the facility | 19 |
| director, the Court shall set a hearing and
make a finding as | 20 |
| to whether the defendant is:
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| (i) (blank); or
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| (ii) in need of mental health services in the form of | 23 |
| inpatient care; or
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| (iii) in need of mental health services but not subject | 25 |
| to inpatient care;
or
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| (iv) no longer in need of mental health services; or
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| (v) no longer requires placement in a secure setting.
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| Upon finding by the Court, the Court shall enter its | 3 |
| findings and such
appropriate order as provided in subsections
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| subsection (a) and (a-1) of this Section.
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| (e) A defendant admitted pursuant to this Section, or any | 6 |
| person on
his behalf, may file a petition for treatment plan | 7 |
| review, transfer to a
non-secure setting within the Department | 8 |
| of Human Services
or discharge or conditional release under the
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| standards of this Section in the Court which rendered the | 10 |
| verdict. Upon
receipt of a petition for treatment plan review, | 11 |
| transfer to a non-secure
setting or discharge or conditional | 12 |
| release, the Court shall set a hearing to
be held within 120 | 13 |
| days. Thereafter, no new petition
may be filed for 180 days
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| without leave of the Court.
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| (f) The Court shall direct that notice of the time and | 16 |
| place of the
hearing be served upon the defendant, the facility | 17 |
| director, the State's
Attorney, and the defendant's attorney. | 18 |
| If requested by either the State or the
defense or if the Court | 19 |
| feels it is appropriate, an impartial examination
of the | 20 |
| defendant by a psychiatrist or clinical psychologist as defined | 21 |
| in
Section 1-103 of the Mental Health and Developmental | 22 |
| Disabilities Code who
is not in the employ of the Department of | 23 |
| Human Services shall be ordered, and
the report considered at
| 24 |
| the time of the hearing.
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| (g) The findings of the Court shall be established by clear | 26 |
| and
convincing evidence. The burden of proof and the burden of |
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| going forth
with the evidence rest with the defendant or any | 2 |
| person on the defendant's
behalf when a hearing is held to | 3 |
| review
a petition filed by or on
behalf of the defendant. The | 4 |
| evidence shall be presented in open
Court
with the right of | 5 |
| confrontation and cross-examination.
Such evidence may | 6 |
| include, but is not limited to:
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| (1) whether the defendant appreciates the harm caused | 8 |
| by the defendant to
others and the community by his or her | 9 |
| prior
conduct
that resulted in the finding of not guilty by | 10 |
| reason of insanity;
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| (2) Whether the person appreciates the criminality of | 12 |
| conduct similar
similiar to
the conduct for which he or she | 13 |
| was originally charged in this matter;
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| (3) the current state of
the defendant's illness;
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| (4) what, if any, medications the defendant is taking | 16 |
| to
control his or her mental illness;
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| (5) what, if any, adverse physical side effects
the | 18 |
| medication has on the defendant;
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| (6) the length of time it would take for the | 20 |
| defendant's mental health to
deteriorate
if
the
defendant | 21 |
| stopped taking prescribed medication;
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| (7) the defendant's history or potential for alcohol | 23 |
| and drug abuse;
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| (8) the defendant's past criminal history;
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| (9) any specialized physical or medical needs of the | 26 |
| defendant;
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| (10) any family participation or involvement expected | 2 |
| upon release and
what is the willingness and ability of the | 3 |
| family to participate or be
involved;
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| (11) the defendant's potential to be a danger to | 5 |
| himself, herself, or
others; and
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| (12) any other factor or factors the Court deems | 7 |
| appropriate.
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| (h) Before the court orders that the defendant be | 9 |
| discharged or
conditionally released, it shall order the | 10 |
| facility director to establish a
discharge plan that includes a | 11 |
| plan for the defendant's shelter, support, and
medication. If | 12 |
| appropriate, the court shall order that the facility director
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| establish a program to train the defendant in self-medication | 14 |
| under standards
established by the Department of Human | 15 |
| Services.
If the Court finds, consistent with the provisions of | 16 |
| this Section,
that the defendant is no longer in need of mental
| 17 |
| health services it shall order the facility director to | 18 |
| discharge the
defendant. If the Court finds, consistent with | 19 |
| the provisions of this
Section, that the defendant is in need | 20 |
| of mental
health services, and no longer in need of inpatient | 21 |
| care, it shall order
the facility director to release the | 22 |
| defendant under such conditions as the
Court deems appropriate | 23 |
| and as provided by this Section. Such conditional
release shall | 24 |
| be imposed for a period of 5 years as provided in
paragraph (1)
| 25 |
| (D) of subsection (a-1)
(a) and shall be
subject
to later | 26 |
| modification by the Court as provided by this Section. If the
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| 1 |
| Court finds consistent with the provisions in this Section that | 2 |
| the
defendant is in
need of mental health services on an | 3 |
| inpatient basis, it shall order the
facility director not to | 4 |
| discharge or release the defendant in accordance
with paragraph | 5 |
| (b) of this Section.
| 6 |
| (i) If within the period of the defendant's conditional | 7 |
| release
the State's Attorney determines that the defendant has | 8 |
| not fulfilled the
conditions of his or her release, the State's | 9 |
| Attorney may petition the
Court
to
revoke or modify the | 10 |
| conditional release of the defendant. Upon the filing of
such | 11 |
| petition the defendant may be remanded to the custody of the | 12 |
| Department,
or to any other mental health facility designated | 13 |
| by the Department, pending
the resolution of the petition. | 14 |
| Nothing in this Section shall prevent the
emergency admission | 15 |
| of a defendant pursuant to Article VI of Chapter III of the
| 16 |
| Mental Health
and Developmental Disabilities Code or the | 17 |
| voluntary admission of the defendant
pursuant to Article IV of | 18 |
| Chapter III of the Mental Health and Developmental
Disabilities
| 19 |
| Code. If
the Court determines, after hearing evidence, that the | 20 |
| defendant has
not fulfilled the conditions of release, the | 21 |
| Court shall order a hearing
to be held consistent with the | 22 |
| provisions of paragraph (f) and (g) of this
Section. At such | 23 |
| hearing, if the Court finds that the defendant is in need of | 24 |
| mental health services on an inpatient
basis, it shall enter an | 25 |
| order remanding him or her to the Department of
Human Services | 26 |
| 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 |
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| 1 |
| Services, and the sheriff of the
county from which the
| 2 |
| defendant was
admitted.
The Clerk of the Court shall also | 3 |
| transmit a certified copy of the order of
discharge or | 4 |
| conditional release to the Illinois Department of State Police, | 5 |
| to
the proper law enforcement agency for the municipality
where | 6 |
| the offense took
place, and to the sheriff of the county into | 7 |
| which the defendant is
conditionally discharged. The Illinois | 8 |
| Department of State Police shall
maintain a
centralized record | 9 |
| of discharged or conditionally released defendants while
they | 10 |
| are under court supervision for access and use of appropriate | 11 |
| law
enforcement agencies.
| 12 |
| (Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03; revised | 13 |
| 9-15-06.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|