IL
Illinois House Bill HB3764

Illinois 2023-2024 Regular Session

Illinois House Bill HB3764 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3764 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 725 ILCS 5/104-17 from Ch. 38, par. 104-17 Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis. LRB103 27307 RLC 53678 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3764 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17 Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis. LRB103 27307 RLC 53678 b LRB103 27307 RLC 53678 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3764 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
44 725 ILCS 5/104-17 from Ch. 38, par. 104-17
55 Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Criminal Procedure of 1963 is
1515 5 amended by changing Section 104-17 as follows:
1616 6 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
1717 7 Sec. 104-17. Commitment for treatment; treatment plan.
1818 8 (a) If the defendant is eligible to be or has been released
1919 9 on pretrial release or on his own recognizance, the court
2020 10 shall select the least physically restrictive form of
2121 11 treatment therapeutically appropriate and consistent with the
2222 12 treatment plan. The placement may be ordered either on an
2323 13 inpatient or an outpatient basis. The court shall order that
2424 14 the placement be on an outpatient basis unless the court
2525 15 determines: (1) that outpatient treatment will not provide
2626 16 reasonable assurances for the safety of the defendant and
2727 17 others or provide reasonable assurances that the defendant can
2828 18 be restored to fitness on an outpatient basis, or (2) that
2929 19 clinically appropriate outpatient treatment is not accessible,
3030 20 or optimal, due to cost, waiting lists, treatment limits or
3131 21 other barriers. If the court determines that placement on an
3232 22 outpatient basis is not appropriate (b) If the defendant's
3333 23 disability is mental, the court shall may order the defendant
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3764 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3838 725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
3939 725 ILCS 5/104-17 from Ch. 38, par. 104-17
4040 Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.
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6868 1 him placed for secure treatment in the custody of the
6969 2 Department of Human Services which shall place and maintain
7070 3 the defendant in a suitable treatment facility or program, or
7171 4 the court may order him or her placed in the custody of any
7272 5 other appropriate public or private inpatient mental health
7373 6 facility or treatment program which has agreed to provide
7474 7 treatment to the defendant. Unless there are no beds available
7575 8 in a State-operated facility, the defendant shall be placed in
7676 9 such a facility. If the court determines that placement on an
7777 10 outpatient basis is appropriate, the court shall order the
7878 11 defendant placed in the custody of any appropriate public or
7979 12 private outpatient treatment program which has been approved
8080 13 by the Department of Human Services and has agreed to provide
8181 14 treatment to the defendant.
8282 15 (b) If the defendant is in custody and If the most serious
8383 16 charge faced by the defendant is a misdemeanor, the court
8484 17 shall order outpatient treatment, unless the court finds good
8585 18 cause on the record to order inpatient treatment. If the court
8686 19 orders the defendant to inpatient treatment in the custody of
8787 20 the Department of Human Services, the Department shall
8888 21 evaluate the defendant to determine the most appropriate
8989 22 secure facility to receive the defendant and, within 20 days
9090 23 of the transmittal by the clerk of the circuit court of the
9191 24 court's placement order, notify the court of the designated
9292 25 facility to receive the defendant. The Department shall admit
9393 26 the defendant to a secure facility within 60 days of the
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104104 1 transmittal of the court's placement order, unless the
105105 2 Department can demonstrate good faith efforts at placement and
106106 3 a lack of bed and placement availability. If placement cannot
107107 4 be made within 60 days of the transmittal of the court's
108108 5 placement order and the Department has demonstrated good faith
109109 6 efforts at placement and a lack of bed and placement
110110 7 availability, the Department shall provide an update to the
111111 8 ordering court every 30 days until the defendant is placed.
112112 9 Once bed and placement availability is determined, the
113113 10 Department shall notify the sheriff who shall promptly
114114 11 transport the defendant to the designated facility. If the
115115 12 defendant is placed in the custody of the Department of Human
116116 13 Services, the defendant shall be placed in a secure setting.
117117 14 During the period of time required to determine bed and
118118 15 placement availability at the designated facility, the
119119 16 defendant shall remain in jail. If during the course of
120120 17 evaluating the defendant for placement, the Department of
121121 18 Human Services determines that the defendant is currently fit
122122 19 to stand trial, it shall immediately notify the court and
123123 20 shall submit a written report within 7 days. In that
124124 21 circumstance the placement shall be held pending a court
125125 22 hearing on the Department's report. Otherwise, upon completion
126126 23 of the placement process, including identifying bed and
127127 24 placement availability, the sheriff shall be notified and
128128 25 shall transport the defendant to the designated facility. If,
129129 26 within 60 days of the transmittal by the clerk of the circuit
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140140 1 court of the court's placement order, the Department fails to
141141 2 provide the sheriff with notice of bed and placement
142142 3 availability at the designated facility, the sheriff shall
143143 4 contact the Department to inquire about when a placement will
144144 5 become available at the designated facility as well as bed and
145145 6 placement availability at other secure facilities. The
146146 7 Department shall respond to the sheriff within 2 business days
147147 8 of the notice and inquiry by the sheriff seeking the transfer
148148 9 and the Department shall provide the sheriff with the status
149149 10 of the evaluation, information on bed and placement
150150 11 availability, and an estimated date of admission for the
151151 12 defendant and any changes to that estimated date of admission.
152152 13 If the Department notifies the sheriff during the 2 business
153153 14 day period of a facility operated by the Department with
154154 15 placement availability, the sheriff shall promptly transport
155155 16 the defendant to that facility. If the Department determines
156156 17 that a defendant, who has been placed in the Department's
157157 18 custody for treatment on an inpatient basis, can be treated on
158158 19 an outpatient basis, the Department shall provide written
159159 20 notification to the court, the State's Attorney, and counsel
160160 21 for the defendant of that determination, which notification
161161 22 shall set forth in detail the basis for the Department's
162162 23 determination. If the court determines: (1) that outpatient
163163 24 treatment will provide reasonable assurances for the safety of
164164 25 the defendant and others and provides reasonable assurances
165165 26 that the defendant can be restored to fitness on an outpatient
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176176 1 basis or (2) that clinically appropriate outpatient treatment
177177 2 is not accessible, or optimal, due to cost, waiting lists,
178178 3 treatment limits or other barriers, the court shall order the
179179 4 defendant to undergo treatment on an outpatient basis as
180180 5 provided in subsection (a) of this Section The placement may
181181 6 be ordered either on an inpatient or an outpatient basis.
182182 7 (c) If the defendant is not in custody and the court orders
183183 8 the defendant placed in the custody of the Department of Human
184184 9 Services, the Department shall notify the defendant of the
185185 10 facility to which he or she must report and the date and time
186186 11 that the defendant must report to that facility. If the
187187 12 defendant fails to report to the facility, the Department
188188 13 shall notify the sheriff who shall transport the defendant to
189189 14 the designated facility. If the defendant's disability is
190190 15 physical, the court may order him placed under the supervision
191191 16 of the Department of Human Services which shall place and
192192 17 maintain the defendant in a suitable treatment facility or
193193 18 program, or the court may order him placed in an appropriate
194194 19 public or private facility or treatment program which has
195195 20 agreed to provide treatment to the defendant. The placement
196196 21 may be ordered either on an inpatient or an outpatient basis.
197197 22 (c-5) If the defendant has been placed in an outpatient
198198 23 treatment program, that program shall promptly notify the
199199 24 court, the Department, the State's Attorney and counsel for
200200 25 the defendant should the defendant fail to comply with the
201201 26 provisions of the court order for treatment or should the
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212212 1 defendant no longer be appropriate for outpatient fitness
213213 2 restoration. If the court determines that outpatient treatment
214214 3 is no longer appropriate pursuant to the standard in
215215 4 subsection (a), the court shall order the defendant to receive
216216 5 treatment on an inpatient basis as provided in subsection (c).
217217 6 Nothing in this Section shall limit a court's contempt powers
218218 7 or any other powers of a court.
219219 8 (d) The clerk of the circuit court shall within 5 days of
220220 9 the entry of the order transmit to the Department, agency or
221221 10 institution, if any, to which the defendant is remanded for
222222 11 treatment, the following:
223223 12 (1) a certified copy of the order to undergo
224224 13 treatment. Accompanying the certified copy of the order to
225225 14 undergo treatment shall be the complete copy of any report
226226 15 prepared under Section 104-15 of this Code or other report
227227 16 prepared by a forensic examiner for the court;
228228 17 (2) the county and municipality in which the offense
229229 18 was committed;
230230 19 (3) the county and municipality in which the arrest
231231 20 took place;
232232 21 (4) a copy of the arrest report, criminal charges,
233233 22 arrest record; and
234234 23 (5) all additional matters which the Court directs the
235235 24 clerk to transmit.
236236 25 (e) Within 30 days of admission to the designated
237237 26 facility, the person supervising the defendant's treatment
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248248 1 shall file with the court, the State, and the defense a report
249249 2 assessing the facility's or program's capacity to provide
250250 3 appropriate treatment for the defendant and indicating his
251251 4 opinion as to the probability of the defendant's attaining
252252 5 fitness within a period of time from the date of the finding of
253253 6 unfitness. For a defendant charged with a felony, the period
254254 7 of time shall be one year. For a defendant charged with a
255255 8 misdemeanor, the period of time shall be no longer than the
256256 9 sentence if convicted of the most serious offense. If the
257257 10 report indicates that there is a substantial probability that
258258 11 the defendant will attain fitness within the time period, the
259259 12 treatment supervisor shall also file a treatment plan which
260260 13 shall include:
261261 14 (1) A diagnosis of the defendant's disability;
262262 15 (2) A description of treatment goals with respect to
263263 16 rendering the defendant fit, a specification of the
264264 17 proposed treatment modalities, and an estimated timetable
265265 18 for attainment of the goals;
266266 19 (3) An identification of the person in charge of
267267 20 supervising the defendant's treatment.
268268 21 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
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