Public Act 098-0944
 
SB2800 EnrolledLRB098 17631 MRW 52744 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 Department of Human Services Act is amended
by changing Section 1-60 as follows:
 
    (20 ILCS 1305/1-60)
    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. The
Department of Human Services shall prepare a report on the
impact, after January 1, 2014, of the provisions of subsection
(c) of Section 104-18 of the Code of Criminal Procedure of
1963. The report shall be prepared and submitted to the
Governor and the General Assembly on or before January 2, 2016.
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.
(Source: P.A. 97-1020, eff. 8-17-12.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 104-18 as follows:
 
    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
    Sec. 104-18. Progress Reports.)
    (a) The treatment supervisor shall submit a written
progress report to the court, the State, and the defense:
        (1) At least 7 days prior to the date for any hearing
    on the issue of the defendant's fitness;
        (2) Whenever he believes that the defendant has
    attained fitness;
        (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.
    (b) The progress report shall contain:
        (1) The clinical findings of the treatment supervisor
    and the facts upon which the findings are based;
        (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;
        (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.
    (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 of this Code. This subsection (c) is inoperative on and
after January 1, 2014.
(Source: P.A. 97-1020, eff. 8-17-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2014