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| Public Act 099-0140 | ||||
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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 Code of Criminal Procedure of 1963 is | ||||
amended by changing Sections 104-17 and 104-20 as follows:
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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Sec. 104-17. Commitment for Treatment; Treatment Plan.
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(a) If the defendant
is eligible to be or has been released | ||||
on bail or on his own recognizance,
the court shall select the | ||||
least physically restrictive form of treatment
therapeutically | ||||
appropriate and consistent with the treatment plan.
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(b) If the defendant's disability is mental, the court may | ||||
order him placed
for treatment in the custody of the Department | ||||
of Human Services, or the court may order him placed in
the | ||||
custody of any other
appropriate public or private mental | ||||
health facility or treatment program
which has agreed to | ||||
provide treatment to the defendant. If the defendant
is placed | ||||
in the custody of the Department of Human Services, the | ||||
defendant shall be placed in a
secure setting. During
the | ||||
period of time required to determine the appropriate placement | ||||
the
defendant shall remain in jail. If upon the completion of | ||||
the placement process the Department of Human Services | ||||
determines that the defendant is currently fit to stand trial, | ||||
it shall immediately notify the court and shall submit a | ||
written report within 7 days. In that circumstance the | ||
placement shall be held pending a court hearing on the | ||
Department's report. Otherwise, upon completion of the | ||
placement process, the
sheriff shall be notified and shall | ||
transport the defendant to the designated
facility. The | ||
placement may be ordered either on an inpatient or an | ||
outpatient
basis.
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(c) If the defendant's disability is physical, the court | ||
may order him
placed under the supervision of the Department of | ||
Human
Services
which shall place and maintain the defendant in | ||
a suitable treatment facility
or program, or the court may | ||
order him placed in an appropriate public or
private facility | ||
or treatment program which has agreed to provide treatment
to | ||
the defendant. The placement may be ordered either on an | ||
inpatient or
an outpatient basis.
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(d) The clerk of the circuit court shall transmit to the | ||
Department, agency
or institution, if any, to which the | ||
defendant is remanded for treatment, the
following:
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(1) a certified copy of the order to undergo treatment. | ||
Accompanying the certified copy of the order to undergo | ||
treatment shall be the complete copy of any report prepared | ||
under Section 104-15 of this Code or other report prepared | ||
by a forensic examiner for the court;
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(2) the county and municipality in which the offense | ||
was committed;
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(3) the county and municipality in which the arrest | ||
took place; | ||
(4) a copy of the arrest report, criminal charges, | ||
arrest record, jail record, and the report prepared under | ||
Section 104-15; and
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(5) all additional matters which the Court directs the | ||
clerk to transmit.
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(e) Within 30 days of entry of an order to undergo | ||
treatment, the person
supervising the defendant's treatment | ||
shall file with the court, the State,
and the defense a report | ||
assessing the facility's or program's capacity
to provide | ||
appropriate treatment for the defendant and indicating his | ||
opinion
as to the probability of the defendant's attaining | ||
fitness within a period
of time from the date of the finding of | ||
unfitness. For a defendant charged with a felony, the period of | ||
time shall be one year. For a defendant charged with a | ||
misdemeanor, the period of time shall be no longer than the | ||
sentence if convicted of the most serious offense. If the | ||
report indicates
that there is a substantial probability that | ||
the defendant will attain fitness
within the time period, the | ||
treatment supervisor shall also file a treatment
plan which | ||
shall include:
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(1) A diagnosis of the defendant's disability;
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(2) A description of treatment goals with respect to | ||
rendering the
defendant
fit, a specification of the | ||
proposed treatment modalities, and an estimated
timetable | ||
for attainment of the goals;
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(3) An identification of the person in charge of | ||
supervising the
defendant's
treatment.
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(Source: P.A. 98-1025, eff. 8-22-14.)
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(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) | ||
(a) Upon entry
or continuation of any order to undergo | ||
treatment, the court shall set a
date for hearing to reexamine | ||
the issue of the defendant's fitness not more
than 90 days | ||
thereafter. In addition, whenever the court receives a report
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from the supervisor of the defendant's treatment pursuant to | ||
subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | ||
court shall forthwith
set the matter for a first hearing within | ||
14 days unless good cause is demonstrated why the hearing | ||
cannot be held. On the date set or upon conclusion of the | ||
matter
then pending before it, the court, sitting without a | ||
jury, shall conduct
a hearing, unless waived by the defense, | ||
and shall determine:
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(1) Whether the defendant is fit to stand trial or to | ||
plead; and if not,
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(2) Whether the defendant is making progress under | ||
treatment toward attainment
of fitness within the time | ||
period set in subsection (e) of Section 104-17 of this Code | ||
from the date of the original finding
of unfitness.
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(b) If the court finds the defendant to be fit pursuant to | ||
this Section,
the court shall set the matter for trial; | ||
provided that if the defendant
is in need of continued care or | ||
treatment and the supervisor of the defendant's
treatment | ||
agrees to continue to provide it, the court may enter any order
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it deems appropriate for the continued care or treatment of the | ||
defendant
by the facility or program pending the conclusion of | ||
the criminal proceedings.
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(c) If the court finds that the defendant is still unfit | ||
but that he is
making progress toward attaining fitness, the | ||
court may continue or modify
its original treatment order | ||
entered pursuant to Section 104-17.
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(d) If the court finds that the defendant is still unfit | ||
and that he is
not making progress toward attaining fitness | ||
such that there is not a
substantial probability that he will | ||
attain fitness within the time period set in subsection (e) of | ||
Section 104-17 of this Code from
the date of the original | ||
finding of unfitness, the court shall proceed pursuant
to | ||
Section 104-23. However, if the defendant is in need of | ||
continued care
and treatment and the supervisor of the | ||
defendant's treatment agrees to
continue to provide it, the | ||
court may enter any order it deems appropriate
for the | ||
continued care or treatment by the facility or program pending | ||
the
conclusion of the criminal proceedings.
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(e) If the court finds that the defendant is still unfit | ||
after being recommended as fit by the supervisor of the | ||
defendant's treatment, the court shall attach a copy of any | ||
written report that identifies the factors in the finding that | ||
the defendant continues to be unfit, prepared by a licensed | ||
physician, clinical psychologist, or psychiatrist, to the | ||
court order remanding the person for further treatment. | ||
(Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)
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