Full Text of HB0649 100th General Assembly
HB0649enr 100TH 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, 104-18, and 104-20 as | 6 | | follows:
| 7 | | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| 8 | | Sec. 104-17. Commitment for Treatment; Treatment Plan.
| 9 | | (a) If the defendant
is eligible to be or has been released | 10 | | on bail or on his own recognizance,
the court shall select the | 11 | | least physically restrictive form of treatment
therapeutically | 12 | | appropriate and consistent with the treatment plan. The | 13 | | placement may be ordered either on an inpatient or an | 14 | | outpatient basis.
| 15 | | (b) If the defendant's disability is mental, the court may | 16 | | order him placed
for treatment in the custody of the Department | 17 | | of Human Services, or the court may order him placed in
the | 18 | | custody of any other
appropriate public or private mental | 19 | | health facility or treatment program
which has agreed to | 20 | | provide treatment to the defendant. If the court orders the | 21 | | defendant placed in the custody of the Department of Human | 22 | | Services, the Department shall evaluate the defendant to | 23 | | determine to which secure facility the defendant shall be |
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| 1 | | transported and, within 20 days of the transmittal by the clerk | 2 | | of the circuit court of the placement court order, notify the | 3 | | sheriff of the designated facility. Upon receipt of that | 4 | | notice, the sheriff shall promptly transport the defendant to | 5 | | the designated facility. If the defendant
is placed in the | 6 | | custody of the Department of Human Services, the defendant | 7 | | shall be placed in a
secure setting. During
the period of time | 8 | | required to determine the appropriate placement the
defendant | 9 | | shall remain in jail. If during the course of evaluating the | 10 | | defendant for placement, upon the completion of the placement | 11 | | process the Department of Human Services determines that the | 12 | | defendant is currently fit to stand trial, it shall immediately | 13 | | notify the court and shall submit a written report within 7 | 14 | | days. In that circumstance the placement shall be held pending | 15 | | a court hearing on the Department's report. Otherwise, upon | 16 | | completion of the placement process, the
sheriff shall be | 17 | | notified and shall transport the defendant to the designated
| 18 | | facility. If, within 20 days of the transmittal by the clerk of | 19 | | the circuit court of the placement court order, the Department | 20 | | fails to notify the sheriff of the identity of the facility to | 21 | | which the defendant shall be transported, the sheriff shall | 22 | | contact a designated person within the Department to inquire | 23 | | about when a placement will become available at the designated | 24 | | facility and bed availability at other facilities. If, within
| 25 | | 20 days of the transmittal by the clerk of the circuit court of | 26 | | the placement court order, the Department
fails to notify the |
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| 1 | | sheriff of the identity of the facility to
which the defendant | 2 | | shall be transported, the sheriff shall
notify the Department | 3 | | of its intent to transfer the defendant to the nearest secure | 4 | | mental health facility operated by the Department and inquire | 5 | | as to the status of the placement evaluation and availability | 6 | | for admission to such facility operated by the Department by | 7 | | contacting a designated person within the Department. The | 8 | | Department shall respond to the sheriff within 2 business days | 9 | | of the notice and inquiry by the sheriff seeking the transfer | 10 | | and the Department shall provide the sheriff with the status of | 11 | | the evaluation, information on bed and placement availability, | 12 | | and an estimated date of admission for the defendant and any | 13 | | changes to that estimated date of admission. If the Department | 14 | | notifies the sheriff during the 2 business day period of a | 15 | | facility operated by the Department with placement | 16 | | availability, the sheriff shall promptly transport the | 17 | | defendant to that facility. The placement may be ordered either | 18 | | on an inpatient or an outpatient
basis.
| 19 | | (c) If the defendant's disability is physical, the court | 20 | | may order him
placed under the supervision of the Department of | 21 | | Human
Services
which shall place and maintain the defendant in | 22 | | a suitable treatment facility
or program, or the court may | 23 | | order him placed in an appropriate public or
private facility | 24 | | or treatment program which has agreed to provide treatment
to | 25 | | the defendant. The placement may be ordered either on an | 26 | | inpatient or
an outpatient basis.
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| 1 | | (d) The clerk of the circuit court shall within 5 days of | 2 | | the entry of the order transmit to the Department, agency
or | 3 | | institution, if any, to which the defendant is remanded for | 4 | | treatment, the
following:
| 5 | | (1) a certified copy of the order to undergo treatment. | 6 | | Accompanying the certified copy of the order to undergo | 7 | | treatment shall be the complete copy of any report prepared | 8 | | under Section 104-15 of this Code or other report prepared | 9 | | by a forensic examiner for the court;
| 10 | | (2) the county and municipality in which the offense | 11 | | was committed;
| 12 | | (3) the county and municipality in which the arrest | 13 | | took place; | 14 | | (4) a copy of the arrest report, criminal charges, | 15 | | arrest record; and
| 16 | | (5) all additional matters which the Court directs the | 17 | | clerk to transmit.
| 18 | | (e) Within 30 days of entry of an order to undergo | 19 | | treatment, the person
supervising the defendant's treatment | 20 | | shall file with the court, the State,
and the defense a report | 21 | | assessing the facility's or program's capacity
to provide | 22 | | appropriate treatment for the defendant and indicating his | 23 | | opinion
as to the probability of the defendant's attaining | 24 | | fitness within a period
of time from the date of the finding of | 25 | | unfitness. For a defendant charged with a felony, the period of | 26 | | time shall be one year. For a defendant charged with a |
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| 1 | | misdemeanor, the period of time shall be no longer than the | 2 | | sentence if convicted of the most serious offense. If the | 3 | | report indicates
that there is a substantial probability that | 4 | | the defendant will attain fitness
within the time period, the | 5 | | treatment supervisor shall also file a treatment
plan which | 6 | | shall include:
| 7 | | (1) A diagnosis of the defendant's disability;
| 8 | | (2) A description of treatment goals with respect to | 9 | | rendering the
defendant
fit, a specification of the | 10 | | proposed treatment modalities, and an estimated
timetable | 11 | | for attainment of the goals;
| 12 | | (3) An identification of the person in charge of | 13 | | supervising the
defendant's
treatment.
| 14 | | (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
| 15 | | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| 16 | | Sec. 104-18. Progress Reports. | 17 | | (a) The treatment supervisor shall submit
a written | 18 | | progress report to the court, the State, and the defense:
| 19 | | (1) At least 7 days prior to the date for any hearing | 20 | | on the issue of
the defendant's fitness;
| 21 | | (2) Whenever he believes that the defendant has | 22 | | attained fitness;
| 23 | | (3) Whenever he believes that there is not a | 24 | | substantial probability that
the defendant will attain | 25 | | fitness, with treatment, within the time period set in |
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| 1 | | subsection (e) of Section 104-17 of this Code from
the date | 2 | | of the original finding of unfitness.
| 3 | | (b) The progress report shall contain:
| 4 | | (1) The clinical findings of the treatment supervisor | 5 | | and the facts upon
which the findings are based;
| 6 | | (2) The opinion of the treatment supervisor as to | 7 | | whether the defendant
has attained fitness or as to whether | 8 | | the defendant is making progress,
under treatment, toward | 9 | | attaining fitness within the time period set in subsection | 10 | | (e) of Section 104-17 of this Code from the date
of the | 11 | | original finding of unfitness;
| 12 | | (3) If the defendant is receiving medication, | 13 | | information from the prescribing
physician indicating the | 14 | | type, the dosage and the effect of the medication
on the | 15 | | defendant's appearance, actions and demeanor.
| 16 | | (c) Whenever the court is sent a report from the supervisor | 17 | | of the defendant's treatment under paragraph (2) of subsection | 18 | | (a) of this Section, the treatment provider shall arrange with | 19 | | the county jail court for the immediate return of the defendant | 20 | | to the county jail under subsection (e) before the time frame | 21 | | specified in subsection (a) of Section 104-20 of this Code. | 22 | | (Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14; | 23 | | 99-78, eff. 7-20-15.)
| 24 | | (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
| 25 | | Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) |
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| 1 | | (a) Upon entry
or continuation of any order to undergo | 2 | | treatment, the court shall set a
date for hearing to reexamine | 3 | | the issue of the defendant's fitness not more
than 90 days | 4 | | thereafter. In addition, whenever the court receives a report
| 5 | | from the supervisor of the defendant's treatment pursuant to | 6 | | subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | 7 | | court shall forthwith
set the matter for a first hearing within | 8 | | 14 days unless good cause is demonstrated why the hearing | 9 | | cannot be held. On the date set or upon conclusion of the | 10 | | matter
then pending before it, the court, sitting without a | 11 | | jury, shall conduct
a hearing, unless waived by the defense, | 12 | | and shall determine:
| 13 | | (1) Whether the defendant is fit to stand trial or to | 14 | | plead; and if not,
| 15 | | (2) Whether the defendant is making progress under | 16 | | treatment toward attainment
of fitness within the time | 17 | | period set in subsection (e) of Section 104-17 of this Code | 18 | | from the date of the original finding
of unfitness.
| 19 | | (b) If the court finds the defendant to be fit pursuant to | 20 | | this Section,
the court shall set the matter for trial; | 21 | | provided that if the defendant
is in need of continued care or | 22 | | treatment and the supervisor of the defendant's
treatment | 23 | | agrees to continue to provide it, the court may enter any order
| 24 | | it deems appropriate for the continued care or treatment of the | 25 | | defendant
by the facility or program pending the conclusion of | 26 | | the criminal proceedings.
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| 1 | | (c) If the court finds that the defendant is still unfit | 2 | | but that he is
making progress toward attaining fitness, the | 3 | | court may continue or modify
its original treatment order | 4 | | entered pursuant to Section 104-17.
| 5 | | (d) If the court finds that the defendant is still unfit | 6 | | and that he is
not making progress toward attaining fitness | 7 | | such that there is not a
substantial probability that he will | 8 | | attain fitness within the time period set in subsection (e) of | 9 | | Section 104-17 of this Code from
the date of the original | 10 | | finding of unfitness, the court shall proceed pursuant
to | 11 | | Section 104-23. However, if the defendant is in need of | 12 | | continued care
and treatment and the supervisor of the | 13 | | defendant's treatment agrees to
continue to provide it, the | 14 | | court may enter any order it deems appropriate
for the | 15 | | continued care or treatment by the facility or program pending | 16 | | the
conclusion of the criminal proceedings.
| 17 | | (e) Whenever the court receives a report from the | 18 | | supervisor of the defendant's treatment under paragraph (2) of | 19 | | subsection (a) of Section 104-18 of this Code, the court shall | 20 | | immediately enter an order directing the sheriff to return the | 21 | | defendant to the county jail and set the matter for trial. At | 22 | | any time the issue of the defendant's fitness can be raised | 23 | | again under Section 104-11 of this Code. If the court finds | 24 | | that the defendant is still unfit after being recommended as | 25 | | fit by the supervisor of the defendant's treatment, the court | 26 | | shall attach a copy of any written report that identifies the |
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| 1 | | factors in the finding that the defendant continues to be | 2 | | unfit, prepared by a licensed physician, clinical | 3 | | psychologist, or psychiatrist, to the court order remanding the | 4 | | person for further treatment. | 5 | | (Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16 .)
| 6 | | Section 10. The Unified Code of Corrections is amended by | 7 | | changing Section 5-2-4 as follows:
| 8 | | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| 9 | | Sec. 5-2-4. Proceedings after Acquittal by Reason of | 10 | | Insanity.
| 11 | | (a) After a finding or verdict of not guilty by reason of | 12 | | insanity
under Sections 104-25, 115-3 or 115-4 of the Code of | 13 | | Criminal Procedure
of 1963, the defendant shall be ordered to | 14 | | the Department of Human Services for
an evaluation as to
| 15 | | whether he is in need of mental health
services. The order
| 16 | | shall specify whether the evaluation shall be conducted on an | 17 | | inpatient or
outpatient basis. If the evaluation is to be | 18 | | conducted on an inpatient
basis, the defendant shall be placed | 19 | | in a secure setting. With the court order for evaluation shall | 20 | | be sent a copy of the arrest report, criminal charges, arrest | 21 | | record, jail record, any report prepared under Section 115-6 of | 22 | | the Code of Criminal Procedure of 1963, and any victim impact | 23 | | statement prepared under Section 6 of the Rights of Crime | 24 | | Victims and Witnesses Act. The clerk of the circuit court shall |
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| 1 | | transmit this information to the Department within 5 days. If | 2 | | the court orders that the evaluation be done on an inpatient | 3 | | basis, the Department shall evaluate the defendant to determine | 4 | | to which secure facility the defendant shall be transported | 5 | | and, within 20 days of the transmittal by the clerk of the | 6 | | circuit court of the placement court order, notify the sheriff | 7 | | of the designated facility. Upon receipt of that notice, the | 8 | | sheriff shall promptly transport the defendant to the | 9 | | designated facility. During
After the evaluation and during the | 10 | | period of time required to
determine the appropriate placement, | 11 | | the defendant shall
remain in jail. If, within 20 days of the | 12 | | transmittal by the clerk of the circuit court of the placement | 13 | | court order, the Department fails to notify the sheriff of the | 14 | | identity of the facility to which the defendant shall be | 15 | | transported, the sheriff shall contact a designated person | 16 | | within the Department to inquire about when a placement will | 17 | | become available at the designated facility and bed | 18 | | availability at other facilities. If, within
20 days of the | 19 | | transmittal by the clerk of the circuit court of the placement | 20 | | court order, the Department
fails to notify the sheriff of the | 21 | | identity of the facility to
which the defendant shall be | 22 | | transported, the sheriff shall
notify the Department of its | 23 | | intent to transfer the defendant to the nearest secure mental | 24 | | health facility operated by the Department and inquire as to | 25 | | the status of the placement evaluation and availability for | 26 | | admission to such facility operated by the Department by |
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| 1 | | contacting a designated person within the Department. The | 2 | | Department shall respond to the sheriff within 2 business days | 3 | | of the notice and inquiry by the sheriff seeking the transfer | 4 | | and the Department shall provide the sheriff with the status of | 5 | | the placement evaluation, information on bed and placement | 6 | | availability, and an estimated date of admission for the | 7 | | defendant and any changes to that estimated date of admission. | 8 | | If the Department notifies the sheriff during the 2 business | 9 | | day period of a facility operated by the Department with | 10 | | placement availability, the sheriff shall promptly transport | 11 | | the defendant to that facility.
Individualized placement | 12 | | evaluations by the Department of Human Services determine the | 13 | | most appropriate setting for forensic treatment based upon a | 14 | | number of factors including mental health diagnosis, proximity | 15 | | to surviving victims, security need, age, gender, and proximity | 16 | | to family. Upon completion of the placement process the sheriff | 17 | | shall be notified and
shall transport the defendant to the | 18 | | designated facility.
| 19 | | The Department shall provide the Court with a report of its | 20 | | evaluation
within 30 days of the date of this order. The Court | 21 | | shall hold a hearing
as provided under the Mental Health and | 22 | | Developmental Disabilities Code to
determine if the individual | 23 | | is:
(a)
in need of mental health services on an inpatient | 24 | | basis; (b) in
need of
mental health services on an outpatient | 25 | | basis; (c) a person not in
need of
mental health services. The | 26 | | Court shall enter its findings.
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| 1 | | If the defendant is found to be in
need
of mental health | 2 | | services on an inpatient care basis, the Court shall order the
| 3 | | defendant to the Department of Human Services.
The defendant | 4 | | shall be placed in a secure setting. Such
defendants placed in | 5 | | a secure setting shall not be permitted outside the
facility's | 6 | | housing unit unless escorted or accompanied by personnel of the
| 7 | | Department of Human Services or with the prior approval of the | 8 | | Court for
unsupervised
on-grounds privileges as provided
| 9 | | herein.
Any defendant placed in a secure setting pursuant to | 10 | | this Section,
transported to court hearings or other necessary | 11 | | appointments
off facility grounds
by personnel of
the | 12 | | Department of Human Services, shall be
placed in security | 13 | | devices
or otherwise secured during the period of | 14 | | transportation to assure
secure transport of the defendant and | 15 | | the safety of Department
of Human Services personnel and | 16 | | others. These security measures
shall not constitute restraint | 17 | | as defined in the Mental Health and
Developmental Disabilities | 18 | | Code.
If the defendant is found to be in need of mental health | 19 | | services,
but not on an inpatient care basis, the Court shall | 20 | | conditionally release
the defendant, under such conditions as | 21 | | set forth in this Section as will
reasonably assure the | 22 | | defendant's satisfactory progress and participation
in | 23 | | treatment or
rehabilitation and the safety of the defendant and | 24 | | others. If the
Court
finds the person not in need of mental | 25 | | health services, then the Court
shall order the defendant | 26 | | discharged from custody.
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| 1 | | (a-1) Definitions. For the purposes of this Section:
| 2 | | (A) (Blank).
| 3 | | (B) "In need of mental health services on an inpatient | 4 | | basis" means: a
defendant who has been found not guilty by | 5 | | reason of insanity but who due to mental illness is
| 6 | | reasonably expected to inflict
serious physical harm upon | 7 | | himself or another and who would benefit from
inpatient | 8 | | care or is in need of inpatient care.
| 9 | | (C) "In need of mental health services on an outpatient | 10 | | basis" means:
a defendant who has been found not guilty by | 11 | | reason of insanity who is not in need of mental health | 12 | | services on
an inpatient basis, but is in need of | 13 | | outpatient care, drug and/or alcohol
rehabilitation | 14 | | programs, community adjustment programs, individual, | 15 | | group,
or family therapy, or chemotherapy.
| 16 | | (D) "Conditional Release" means: the release from | 17 | | either the custody
of the Department of Human Services
or | 18 | | the custody of the Court of a person who has been found not | 19 | | guilty by
reason of insanity under such conditions as the | 20 | | Court may impose which
reasonably assure the defendant's | 21 | | satisfactory progress in
treatment or habilitation and the | 22 | | safety of the defendant and others. The
Court shall | 23 | | consider such terms and conditions which may include, but | 24 | | need
not be limited to, outpatient care, alcoholic and drug | 25 | | rehabilitation programs,
community adjustment programs, | 26 | | individual, group, family, and chemotherapy,
random |
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| 1 | | testing to ensure the defendant's timely and continuous | 2 | | taking of any
medicines prescribed
to control or manage his | 3 | | or her conduct or mental state, and
periodic checks with | 4 | | the legal authorities and/or the Department of Human
| 5 | | Services.
The Court may order as a condition of conditional | 6 | | release that the
defendant not contact the victim of the | 7 | | offense that
resulted in the finding or
verdict of not | 8 | | guilty by reason of insanity or any other person. The Court | 9 | | may
order the
Department of
Human Services to provide care | 10 | | to any
person conditionally released under this Section. | 11 | | The Department may contract
with any public or private | 12 | | agency in order to discharge any responsibilities
imposed | 13 | | under this Section. The Department shall monitor the | 14 | | provision of
services to persons conditionally released | 15 | | under this Section and provide
periodic reports to the | 16 | | Court concerning the services and the condition of the
| 17 | | defendant.
Whenever a person is conditionally released | 18 | | pursuant to this Section, the
State's Attorney for the | 19 | | county in which the hearing is held shall designate in
| 20 | | writing the name, telephone number, and address of a person | 21 | | employed by him or
her who
shall be notified in the event | 22 | | that either the reporting agency or the
Department decides | 23 | | that the conditional release of the defendant should be
| 24 | | revoked or modified pursuant to subsection (i) of this | 25 | | Section. Such
conditional release shall be for
a period of | 26 | | five years. However, the defendant, the person or
facility
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| 1 | | rendering the treatment, therapy, program or outpatient | 2 | | care, the
Department, or the
State's Attorney may petition | 3 | | the Court for an extension of
the conditional
release | 4 | | period for an additional 5 years. Upon receipt of such a
| 5 | | petition, the Court shall hold a hearing consistent with | 6 | | the provisions of
paragraph (a), this paragraph (a-1),
and | 7 | | paragraph (f) of this Section, shall determine
whether the | 8 | | defendant should continue to be subject to the terms of
| 9 | | conditional release, and shall enter an order either | 10 | | extending the
defendant's period of conditional release | 11 | | for an additional
5
year period or discharging the | 12 | | defendant.
Additional 5-year periods of conditional | 13 | | release may be ordered following a
hearing as provided in | 14 | | this Section. However,
in no event shall the defendant's
| 15 | | period of conditional release continue beyond the maximum | 16 | | period of
commitment ordered by the Court pursuant to | 17 | | paragraph (b) of this Section. These provisions for
| 18 | | extension of conditional release shall only apply to | 19 | | defendants
conditionally released on or after August 8, | 20 | | 2003. However the extension
provisions of Public Act | 21 | | 83-1449 apply only to defendants charged
with a forcible | 22 | | felony.
| 23 | | (E) "Facility director" means the chief officer of a | 24 | | mental health or
developmental disabilities facility or | 25 | | his or her designee or the supervisor of
a program of | 26 | | treatment or habilitation or his or her designee. |
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| 1 | | "Designee" may
include a physician, clinical psychologist, | 2 | | social worker, nurse, or clinical
professional counselor.
| 3 | | (b) If the Court finds the defendant in need of mental | 4 | | health services on an
inpatient basis, the
admission, | 5 | | detention, care, treatment or habilitation, treatment plans,
| 6 | | review proceedings, including review of treatment and | 7 | | treatment plans, and
discharge of the defendant after such | 8 | | order shall be under the
Mental Health and Developmental | 9 | | Disabilities Code, except that the
initial order for admission | 10 | | of a defendant acquitted of a felony by
reason of insanity | 11 | | shall be for an indefinite period of time. Such period
of | 12 | | commitment shall not exceed the maximum
length of time that the | 13 | | defendant would have been required to serve,
less credit for | 14 | | good behavior as provided in Section 5-4-1 of the Unified
Code | 15 | | of Corrections, before becoming eligible for
release had
he | 16 | | been convicted of and received the maximum sentence for the | 17 | | most
serious crime for which he has been acquitted by reason of | 18 | | insanity. The
Court shall determine the maximum period of | 19 | | commitment by an appropriate
order. During this period of time, | 20 | | the defendant shall not be permitted
to be in the community in | 21 | | any manner, including but not limited to off-grounds
| 22 | | privileges, with or without escort by personnel of the | 23 | | Department of Human
Services, unsupervised on-grounds | 24 | | privileges,
discharge or conditional or temporary release, | 25 | | except by a plan as provided in
this Section. In no event shall | 26 | | a defendant's continued unauthorized
absence be a basis for |
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| 1 | | discharge. Not more than 30 days after admission
and every 60 | 2 | | days thereafter so long as the initial order
remains in effect, | 3 | | the facility director shall file a treatment plan report
in | 4 | | writing with the court
and forward a copy of the treatment plan | 5 | | report to the clerk of the
court, the State's Attorney, and the | 6 | | defendant's attorney, if the defendant is
represented by | 7 | | counsel,
or to a person authorized by
the defendant under the
| 8 | | Mental Health and Developmental Disabilities Confidentiality | 9 | | Act to be sent a
copy of the report. The report shall include | 10 | | an opinion
as to whether the
defendant is currently in need of | 11 | | mental
health services on an inpatient basis or in need of | 12 | | mental health services
on
an outpatient basis. The report shall | 13 | | also summarize the basis for those
findings and provide a | 14 | | current summary of the following items from the
treatment plan: | 15 | | (1) an assessment of the defendant's treatment needs, (2) a
| 16 | | description of the services recommended for treatment, (3) the | 17 | | goals of each
type of element of service, (4) an anticipated | 18 | | timetable for the accomplishment
of the goals, and (5) a | 19 | | designation of the qualified professional responsible
for the | 20 | | implementation of the plan.
The report may also include | 21 | | unsupervised on-grounds
privileges, off-grounds privileges | 22 | | (with or without escort by personnel of the
Department of Human | 23 | | Services), home visits and
participation in work
programs, but | 24 | | only where such privileges have been approved by specific court
| 25 | | order, which order may include such conditions on the defendant | 26 | | as the
Court may deem appropriate and necessary to reasonably |
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| 1 | | assure the defendant's
satisfactory progress in treatment and | 2 | | the safety of the defendant and others.
| 3 | | (c) Every defendant acquitted of a felony by reason of | 4 | | insanity and
subsequently found to be in need of
mental health | 5 | | services shall be represented by counsel in all proceedings | 6 | | under
this Section and under the Mental Health and | 7 | | Developmental Disabilities Code.
| 8 | | (1) The Court shall appoint as counsel the public | 9 | | defender or an
attorney licensed by this State.
| 10 | | (2) Upon filing with the Court of a verified statement | 11 | | of legal
services rendered by the private attorney | 12 | | appointed pursuant to
paragraph (1) of this subsection, the | 13 | | Court shall determine a reasonable
fee for such services. | 14 | | If the defendant is unable to pay the fee, the
Court shall | 15 | | enter an order upon the State to pay the entire fee or such
| 16 | | amount as the defendant is unable to pay from funds | 17 | | appropriated by the
General Assembly for that purpose.
| 18 | | (d) When the facility director determines that:
| 19 | | (1) the defendant is no longer
in need of mental health | 20 | | services on an inpatient basis; and
| 21 | | (2) the defendant may be conditionally released | 22 | | because he
or she is still in need of mental health | 23 | | services or that the defendant
may be discharged as not in | 24 | | need of any mental health services; or
| 25 | | (3) (blank);
| 26 | | the facility director shall give written notice
to the Court, |
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| 1 | | State's Attorney and defense attorney.
Such notice shall set | 2 | | forth in detail the basis for the recommendation of
the | 3 | | facility director, and specify clearly the recommendations, if | 4 | | any,
of the facility director, concerning conditional release.
| 5 | | Any recommendation for conditional release shall include an | 6 | | evaluation of
the defendant's need for psychotropic | 7 | | medication, what provisions should be
made, if any, to ensure | 8 | | that the defendant will continue to receive
psychotropic | 9 | | medication following discharge, and what provisions should be | 10 | | made
to assure the safety of the defendant and others in the | 11 | | event the defendant is
no longer receiving psychotropic | 12 | | medication.
Within 30 days of
the notification by the facility | 13 | | director, the Court shall set a hearing and
make a finding as | 14 | | to whether the defendant is:
| 15 | | (i) (blank); or
| 16 | | (ii) in need of mental health services in the form of | 17 | | inpatient care; or
| 18 | | (iii) in need of mental health services but not subject | 19 | | to inpatient care;
or
| 20 | | (iv) no longer in need of mental health services; or
| 21 | | (v) (blank).
| 22 | | Upon finding by the Court, the Court shall enter its | 23 | | findings and such
appropriate order as provided in subsections | 24 | | (a) and (a-1) of this Section.
| 25 | | (e) A defendant admitted pursuant to this Section, or any | 26 | | person on
his behalf, may file a petition for treatment plan |
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| 1 | | review
or discharge or conditional release under the
standards | 2 | | of this Section in the Court which rendered the verdict. Upon
| 3 | | receipt of a petition for treatment plan review or discharge or | 4 | | conditional release, the Court shall set a hearing to
be held | 5 | | within 120 days. Thereafter, no new petition
may be filed for | 6 | | 180 days
without leave of the Court.
| 7 | | (f) The Court shall direct that notice of the time and | 8 | | place of the
hearing be served upon the defendant, the facility | 9 | | director, the State's
Attorney, and the defendant's attorney. | 10 | | If requested by either the State or the
defense or if the Court | 11 | | feels it is appropriate, an impartial examination
of the | 12 | | defendant by a psychiatrist or clinical psychologist as defined | 13 | | in
Section 1-103 of the Mental Health and Developmental | 14 | | Disabilities Code who
is not in the employ of the Department of | 15 | | Human Services shall be ordered, and
the report considered at
| 16 | | the time of the hearing.
| 17 | | (g) The findings of the Court shall be established by clear | 18 | | and
convincing evidence. The burden of proof and the burden of | 19 | | going forth
with the evidence rest with the defendant or any | 20 | | person on the defendant's
behalf when a hearing is held to | 21 | | review
a petition filed by or on
behalf of the defendant. The | 22 | | evidence shall be presented in open
Court
with the right of | 23 | | confrontation and cross-examination.
Such evidence may | 24 | | include, but is not limited to:
| 25 | | (1) whether the defendant appreciates the harm caused | 26 | | by the defendant to
others and the community by his or her |
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| 1 | | prior
conduct
that resulted in the finding of not guilty by | 2 | | reason of insanity;
| 3 | | (2) Whether the person appreciates the criminality of | 4 | | conduct similar to
the conduct for which he or she was | 5 | | originally charged in this matter;
| 6 | | (3) the current state of
the defendant's illness;
| 7 | | (4) what, if any, medications the defendant is taking | 8 | | to
control his or her mental illness;
| 9 | | (5) what, if any, adverse physical side effects
the | 10 | | medication has on the defendant;
| 11 | | (6) the length of time it would take for the | 12 | | defendant's mental health to
deteriorate
if
the
defendant | 13 | | stopped taking prescribed medication;
| 14 | | (7) the defendant's history or potential for alcohol | 15 | | and drug abuse;
| 16 | | (8) the defendant's past criminal history;
| 17 | | (9) any specialized physical or medical needs of the | 18 | | defendant;
| 19 | | (10) any family participation or involvement expected | 20 | | upon release and
what is the willingness and ability of the | 21 | | family to participate or be
involved;
| 22 | | (11) the defendant's potential to be a danger to | 23 | | himself, herself, or
others; and
| 24 | | (12) any other factor or factors the Court deems | 25 | | appropriate.
| 26 | | (h) Before the court orders that the defendant be |
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| 1 | | discharged or
conditionally released, it shall order the | 2 | | facility director to establish a
discharge plan that includes a | 3 | | plan for the defendant's shelter, support, and
medication. If | 4 | | appropriate, the court shall order that the facility director
| 5 | | establish a program to train the defendant in self-medication | 6 | | under standards
established by the Department of Human | 7 | | Services.
If the Court finds, consistent with the provisions of | 8 | | this Section,
that the defendant is no longer in need of mental
| 9 | | health services it shall order the facility director to | 10 | | discharge the
defendant. If the Court finds, consistent with | 11 | | the provisions of this
Section, that the defendant is in need | 12 | | of mental
health services, and no longer in need of inpatient | 13 | | care, it shall order
the facility director to release the | 14 | | defendant under such conditions as the
Court deems appropriate | 15 | | and as provided by this Section. Such conditional
release shall | 16 | | be imposed for a period of 5 years as provided in
paragraph
(D) | 17 | | of subsection (a-1) and shall be
subject
to later modification | 18 | | by the Court as provided by this Section. If the
Court finds | 19 | | consistent with the provisions in this Section that the
| 20 | | defendant is in
need of mental health services on an inpatient | 21 | | basis, it shall order the
facility director not to discharge or | 22 | | release the defendant in accordance
with paragraph (b) of this | 23 | | Section.
| 24 | | (i) If within the period of the defendant's conditional | 25 | | release
the State's Attorney determines that the defendant has | 26 | | not fulfilled the
conditions of his or her release, the State's |
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| 1 | | Attorney may petition the
Court
to
revoke or modify the | 2 | | conditional release of the defendant. Upon the filing of
such | 3 | | petition the defendant may be remanded to the custody of the | 4 | | Department,
or to any other mental health facility designated | 5 | | by the Department, pending
the resolution of the petition. | 6 | | Nothing in this Section shall prevent the
emergency admission | 7 | | of a defendant pursuant to Article VI of Chapter III of the
| 8 | | Mental Health
and Developmental Disabilities Code or the | 9 | | voluntary admission of the defendant
pursuant to Article IV of | 10 | | Chapter III of the Mental Health and Developmental
Disabilities
| 11 | | Code. If
the Court determines, after hearing evidence, that the | 12 | | defendant has
not fulfilled the conditions of release, the | 13 | | Court shall order a hearing
to be held consistent with the | 14 | | provisions of paragraph (f) and (g) of this
Section. At such | 15 | | hearing, if the Court finds that the defendant is in need of | 16 | | mental health services on an inpatient
basis, it shall enter an | 17 | | order remanding him or her to the Department of
Human Services | 18 | | or other
facility. If the defendant is remanded to the | 19 | | Department of Human Services, he
or she shall be placed in
a | 20 | | secure setting unless the Court
determines that there are | 21 | | compelling reasons that such placement is not
necessary. If the
| 22 | | Court finds that the defendant continues to be in need of | 23 | | mental health
services but not on an inpatient basis, it may | 24 | | modify the conditions of
the original release in order to | 25 | | reasonably assure the defendant's satisfactory
progress in | 26 | | treatment and his or her safety and the safety of others in
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| 1 | | accordance with the standards established in paragraph (D) of | 2 | | subsection (a-1). Nothing in
this Section shall limit a Court's | 3 | | contempt powers or any other powers of a
Court.
| 4 | | (j) An order of admission under this Section does not | 5 | | affect the
remedy of habeas corpus.
| 6 | | (k) In the event of a conflict between this Section and the | 7 | | Mental Health
and Developmental Disabilities Code or the Mental | 8 | | Health and Developmental
Disabilities Confidentiality Act, the | 9 | | provisions of this Section shall govern.
| 10 | | (l) This amendatory Act shall apply to all persons who have | 11 | | been found
not guilty by reason of insanity and who are | 12 | | presently committed to the
Department of Mental Health and | 13 | | Developmental Disabilities (now the
Department of Human | 14 | | Services).
| 15 | | (m)
The Clerk of the Court shall transmit a certified copy | 16 | | of the order of
discharge or conditional release to the | 17 | | Department of Human Services, to the sheriff of the county from | 18 | | which the defendant was admitted, to the Illinois Department of | 19 | | State Police, to
the proper law enforcement agency for the | 20 | | municipality
where the offense took
place, and to the sheriff | 21 | | of the county into which the defendant is
conditionally | 22 | | discharged. The Illinois Department of State Police shall
| 23 | | maintain a
centralized record of discharged or conditionally | 24 | | released defendants while
they are under court supervision for | 25 | | access and use of appropriate law
enforcement agencies.
| 26 | | (Source: P.A. 98-1025, eff. 8-22-14.)
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