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| Public Act 097-1020 | ||||
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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 Department of Human Services Act is amended | ||||
by adding Section 1-60 as follows: | ||||
(20 ILCS 1305/1-60 new) | ||||
Sec. 1-60. Pilot study. The Department of Human Services | ||||
shall prepare 2 reports on the impact of the provisions of | ||||
subsection (c) of Section 104-18 of the Code of Criminal | ||||
Procedure of 1963. A preliminary report shall be prepared and | ||||
submitted to the Governor and the General Assembly by November | ||||
1, 2012. A final report shall be prepared and submitted to the | ||||
Governor and the General Assembly by October 1, 2013. Each | ||||
report shall be posted on the Department's website within a | ||||
week of its submission. Each report shall discuss the number of | ||||
admissions during the reporting period, any delay in | ||||
admissions, the number of persons returned to the county under | ||||
the provisions of subsection (c) of Section 104-18 of the Code | ||||
of Criminal Procedure of 1963, and any issues the county | ||||
sheriffs or other county officials are having with the returns. | ||||
Each report shall include a recommendation from the Department | ||||
of Human Services and one from an association representing | ||||
Illinois sheriffs whether to continue the pilot study. If | ||||
either report indicates that there are serious deleterious | ||
effects from the provisions of subsection (c) of Section 104-18 | ||
of the Code of Criminal Procedure of 1963 or that the | ||
provisions of subsection (c) of Section 104-18 of the Code of | ||
Criminal Procedure of 1963 are not producing adequate results, | ||
the General Assembly may take necessary steps to eliminate the | ||
provisions of subsection (c) of Section 104-18 of the Code of | ||
Criminal Procedure of 1963 prior to January 1, 2014. | ||
Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 104-18 as follows:
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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
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Sec. 104-18.
Progress Reports.) (a) The treatment | ||
supervisor shall submit
a written progress report to the court, | ||
the State, and the defense:
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(1) At least 7 days prior to the date for any hearing on | ||
the issue of
the defendant's fitness;
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(2) Whenever he believes that the defendant has attained | ||
fitness;
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(3) Whenever he believes that there is not a substantial | ||
probability that
the defendant will attain fitness, with | ||
treatment, within one year from
the date of the original | ||
finding of unfitness.
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(b) The progress report shall contain:
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(1) The clinical findings of the treatment supervisor and | ||
the facts upon
which the findings are based;
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(2) The opinion of the treatment supervisor as to whether | ||
the defendant
has attained fitness or as to whether the | ||
defendant is making progress,
under treatment, toward | ||
attaining fitness within one year from the date
of the original | ||
finding of unfitness;
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(3) If the defendant is receiving medication, information | ||
from the prescribing
physician indicating the type, the dosage | ||
and the effect of the medication
on the defendant's appearance, | ||
actions and demeanor.
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(c) Whenever the court is sent a report from the supervisor | ||
of the defendant's treatment under paragraph (2) of subsection | ||
(a) of this Section, the treatment provider shall arrange with | ||
the court for the return of the defendant to the county jail | ||
before the time frame specified in subsection (a) of Section | ||
104-20. This subsection (c) is inoperative on and after January | ||
1, 2014. | ||
(Source: P.A. 81-1217.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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