Public Act 099-0140
 
SB1938 EnrolledLRB099 09944 RLC 30162 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 Sections 104-17 and 104-20 as follows:
 
    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
    Sec. 104-17. Commitment for Treatment; Treatment Plan.
    (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.
    (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.
    (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.
    (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:
        (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;
        (2) the county and municipality in which the offense
    was committed;
        (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
        (5) all additional matters which the Court directs the
    clerk to transmit.
    (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:
        (1) A diagnosis of the defendant's disability;
        (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;
        (3) An identification of the person in charge of
    supervising the defendant's treatment.
(Source: P.A. 98-1025, eff. 8-22-14.)
 
    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
    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
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:
        (1) Whether the defendant is fit to stand trial or to
    plead; and if not,
        (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.
    (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
it deems appropriate for the continued care or treatment of the
defendant by the facility or program pending the conclusion of
the criminal proceedings.
    (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.
    (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.
    (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.)

Effective Date: 1/1/2016