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Public Act 096-0117
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| SB0042 Enrolled |
LRB096 00916 RLC 10923 b |
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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 Mental Health and Developmental |
Disabilities Code is amended by changing Section 3-800 as |
follows:
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
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Sec. 3-800.
(a) Unless otherwise indicated, court hearings |
under this
Chapter shall be held pursuant to this Article. |
Hearings shall be held
in such quarters as the court directs.
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To the extent practical, hearings shall be held in the mental |
health facility
where the respondent is hospitalized. Any party |
may request a change of
venue or transfer to any other county |
because of the convenience of parties
or witnesses or the |
condition of the respondent. The respondent may
request to have |
the proceedings transferred to the county of his residence.
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(b) If the court grants a continuance on its own motion or |
upon the motion
of one of the parties, the respondent may |
continue to be detained pending
further order of the court. |
Such continuance shall not extend beyond 15
days except to the |
extent that continuances are requested by the respondent.
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(c) Court hearings under this Chapter, including hearings |
under Section
2-107.1, shall be open to the press and public |
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unless the
respondent or some other party requests that they be |
closed. The court may
also indicate its intention to close a |
hearing, including when it determines
that the respondent may |
be unable to make a reasoned decision to request that
the
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hearing be closed. A request that a hearing be closed shall be
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granted unless there is an objection to closing the hearing by |
a party or any
other person. If
an objection is made, the court |
shall not close the hearing unless, following a
hearing, it |
determines that the patient's interest in having the hearing |
closed
is compelling. The court shall support its determination |
with written findings
of fact and conclusions of law. The court |
shall not close the hearing if the
respondent objects to its |
closure. Whenever a court determines that a hearing
shall be |
closed, access to the records of the hearing, including but not
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limited to transcripts and pleadings, shall be limited to the |
parties involved
in the hearing, court personnel, and any |
person or agency providing mental
health services that are the |
subject of the hearing. Access may also
be granted, however, |
pursuant to the provisions of the Mental Health and
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Developmental
Disabilities Confidentiality Act. |
(d) The provisions of subsection (a-5) of Section 6 of the |
Rights of Crime Victims and Witnesses Act shall apply to the |
initial commitment hearing, as provided under Section 5-2-4 of |
the Unified Code of Corrections, for a respondent found not |
guilty by reason of insanity of a violent crime in a criminal |
proceeding and the hearing has been ordered by the court under |
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this Code to determine if the defendant is: |
(1) in need of mental health services on an inpatient |
basis; |
(2) in need of mental health services on an outpatient |
basis; or |
(3) not in need of mental health services. |
While the impact statement to the court allowed under this |
subsection (d) may include the impact that the respondent's |
criminal conduct has had upon the victim, victim's |
representative, or victim's family or household member, the |
court may only consider the impact statement along with all |
other appropriate factors in determining the: |
(i) threat of serious physical harm posed by the |
respondent to himself or herself, or to another person; |
(ii) location of inpatient or outpatient mental health |
services ordered by the court, but only after complying |
with all other applicable administrative requirements, |
rules, and statutory requirements; |
(iii) maximum period of commitment for inpatient |
mental health services; and |
(iv) conditions of release for outpatient mental |
health services ordered by the court.
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(Source: P.A. 90-538, eff. 12-1-97.)
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Section 10. The Rights of Crime Victims and Witnesses Act |
is amended by changing Section 6 as follows:
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(725 ILCS 120/6) (from Ch. 38, par. 1406)
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Sec. 6. Rights to present victim impact statement.
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(a) In any case where a defendant has been convicted of a |
violent crime or a
juvenile has been adjudicated a delinquent |
for a violent crime and a victim of the violent crime or the |
victim's spouse,
guardian, parent, grandparent, or other |
immediate family or household member is present in
the
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courtroom at the time of the sentencing or the disposition |
hearing,
the victim or his or her representative shall have the |
right and the victim's
spouse, guardian, parent, grandparent, |
and other immediate
family or household member upon his, her, |
or
their request may be permitted by the court to address the
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court regarding the impact that the defendant's criminal |
conduct
or the
juvenile's delinquent conduct has had upon them |
and the victim.
The court has discretion to determine the |
number of oral presentations of victim impact statements.
Any |
impact
statement must have been prepared in writing in |
conjunction with the Office
of the State's Attorney prior to |
the initial hearing or sentencing, before
it can be presented |
orally or in writing at the sentencing hearing. In
conjunction |
with the Office of the State's Attorney, a victim impact |
statement
that is presented orally may be done so by the victim |
or the victim's spouse,
guardian, parent, grandparent, or other |
immediate family or household member or
his,
her, or their
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representative. At the sentencing hearing, the prosecution may |
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introduce
that evidence either in its
case in chief or in |
rebuttal. The court shall
consider any impact statement |
admitted
along with
all
other appropriate factors in |
determining the sentence of the defendant or
disposition of |
such juvenile.
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(a-5) In any case where a defendant has been found not |
guilty by reason of insanity of a violent crime and a hearing |
has been ordered by the court under the Mental Health and |
Developmental Disabilities Code to determine if the defendant |
is: (1) in need of mental health services on an inpatient |
basis; (2) in need of mental health services on an outpatient |
basis; or (3) not in need of mental health services and a |
victim of the violent crime or the victim's spouse,
guardian, |
parent, grandparent, or other immediate family or household |
member is present in
the
courtroom at the time of the initial |
commitment hearing, the victim or his or her representative |
shall have the right and the victim's
spouse, guardian, parent, |
grandparent, and other immediate
family or household members |
upon their request may be permitted by the court to address the
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court regarding the impact that the defendant's criminal |
conduct has had upon them and the victim.
The court has |
discretion to determine the number of oral presentations of |
victim impact statements.
Any impact
statement must have been |
prepared in writing in conjunction with the Office
of the |
State's Attorney prior to the initial commitment hearing, |
before
it may be presented orally or in writing at the |
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commitment hearing. In
conjunction with the Office of the |
State's Attorney, a victim impact statement
that is presented |
orally may be presented so by the victim or the victim's |
spouse,
guardian, parent, grandparent, or other immediate |
family or household member or
his or her
representative. At the |
initial commitment hearing, the State's Attorney may introduce
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the statement either in its
case in chief or in rebuttal. The |
court may only consider the impact statement along with all |
other appropriate factors in determining the: (1) threat of |
serious physical harm poised by the respondent to himself or |
herself, or to another person; (2) location of inpatient or |
outpatient mental health services ordered by the court, but |
only after complying with all other applicable administrative, |
rule, and statutory requirements; (3) maximum period of |
commitment for inpatient mental health services; and (4) |
conditions of release for outpatient mental health services |
ordered by the court. |
(b) The crime victim has the right to prepare a victim |
impact statement
and present it to the Office of the State's |
Attorney at any time during the
proceedings. Any written victim |
impact statement submitted to the Office of the State's |
Attorney shall be considered by the court during its |
consideration of aggravation and mitigation in plea |
proceedings under Supreme Court Rule 402.
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(c) This Section shall apply to any victims of a violent |
crime during any
dispositional hearing under Section 5-705 of |