Public Act 096-1069
 
SB2504 EnrolledLRB096 16191 RLC 31446 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 104-31 as follows:
 
    (725 ILCS 5/104-31)  (from Ch. 38, par. 104-31)
    Sec. 104-31. No defendant placed in a secure setting of the
Department of Human Services pursuant to the provisions of
Sections 104-17, 104-25, or 104-26 shall be permitted outside
the facility's housing unit unless escorted or accompanied by
personnel of the Department of Human Services or authorized by
court order. Any defendant placed in a secure setting pursuant
to this Section, transported to court hearings or other
necessary appointments off facility grounds by personnel of the
Department of Human Services, may be placed in security devices
or otherwise secured during the period of transportation to
assure secure transport of the defendant and the safety of
Department of Human Services personnel and others. These
security measures shall not constitute restraint as defined in
the Mental Health and Developmental Disabilities Code. Nor
shall any such defendant be permitted any off-grounds
privileges, either with or without escort by personnel of the
Department of Human Services, or any unsupervised on-ground
privileges, or placement in a non-secure setting unless such
off-grounds or unsupervised on-grounds privileges, or
placement in a non-secure setting have been approved by
specific court order, which order may include such conditions
on the defendant as the court may deem appropriate and
necessary to reasonably assure the defendant's satisfactory
progress in treatment and the safety of the defendant or
others. Whenever the court receives a report from the
supervisor of the defendant's treatment recommending the
defendant for any off-grounds or unsupervised on-grounds
privileges, or placement in a non-secure setting, the court
shall set the matter for a first hearing within 21 days unless
good cause is demonstrated why the hearing cannot be held. The
changes made to this Section by this amendatory Act of the 96th
General Assembly are declarative of existing law and shall not
be construed as a new enactment.
(Source: P.A. 95-296, eff. 8-20-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.