Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3444 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3444 Introduced 2/8/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: See Index Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms. LRB103 38699 RLC 68836 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3444 Introduced 2/8/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: See Index See Index Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms. LRB103 38699 RLC 68836 b LRB103 38699 RLC 68836 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3444 Introduced 2/8/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.
6	6	LRB103 38699 RLC 68836 b LRB103 38699 RLC 68836 b
7	7	LRB103 38699 RLC 68836 b
8	8	A BILL FOR
9	9	SB3444LRB103 38699 RLC 68836 b SB3444 LRB103 38699 RLC 68836 b
10	10	SB3444 LRB103 38699 RLC 68836 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Sections 104-10, 104-11, 104-12, 104-13,
16	16	6 104-14, 104-15, 104-16, 104-17, 104-18, 104-19, 104-20,
17	17	7 104-21, 104-22, 104-23, 104-24, 104-25, 104-26, 104-27,
18	18	8 104-28, 104-29, 104-30, and 104-31 and by adding Section
19	19	9 102-24 as follows:
20	20	10 (725 ILCS 5/102-24 new)
21	21	11 Sec. 102-24. Treatment supervisor, supervisor of the
22	22	12 defendant's treatment, person supervising the defendant's
23	23	13 treatment, or qualified professional. "Treatment supervisor",
24	24	14 "supervisor of the defendant's treatment", "person supervising
25	25	15 the defendant's treatment", or "qualified professional" as
26	26	16 referenced in Article 104 means the person in charge of
27	27	17 overseeing fitness restoration for the defendant and may be a
28	28	18 physician, physician assistant, psychiatrist, clinical
29	29	19 psychologist, nurse practitioner, licensed clinical social
30	30	20 worker, or nurse who is working under the supervision of a
31	31	21 properly licensed physician, psychiatrist, or clinical
32	32	22 psychologist.
33	33
34	34
35	35
36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3444 Introduced 2/8/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.
40	40	LRB103 38699 RLC 68836 b LRB103 38699 RLC 68836 b
41	41	LRB103 38699 RLC 68836 b
42	42	A BILL FOR
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48	48	See Index
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67	67	1 (725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
68	68	2 Sec. 104-10. Presumption of Fitness; Fitness Standard.) A
69	69	3 defendant is presumed to be fit to stand trial or to plead, and
70	70	4 be sentenced. A defendant is unfit if, because of the
71	71	5 defendant's his mental or physical condition, the defendant he
72	72	6 is unable to either understand the nature and purpose of the
73	73	7 proceedings against the defendant him or to meaningfully
74	74	8 assist in the defendant's his defense.
75	75	9 (Source: P.A. 81-1217.)
76	76	10 (725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
77	77	11 Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a)
78	78	12 The issue of the defendant's fitness for trial, to plead, or to
79	79	13 be sentenced may be raised by the defense, the State or the
80	80	14 Court at any appropriate time before a plea is entered or
81	81	15 before, during, or after trial. When a bonafide doubt of the
82	82	16 defendant's fitness is raised, the Court court shall order a
83	83	17 determination of the issue by the county's expert before
84	84	18 proceeding further.
85	85	19 However, no order entered pursuant to this subsection
86	86	20 shall prevent further proceedings in the case. An expert so
87	87	21 appointed shall examine the defendant and make a report as
88	88	22 provided in Section 104-15. Upon the filing with the Court of a
89	89	23 verified statement of services rendered, the Court shall enter
90	90	24 an order directed to the county board to pay such expert a
91	91	25 reasonable fee as stated in the order.
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102	102	1 (b) (Blank). Upon request of the defendant that a
103	103	2 qualified expert be appointed to examine him or her to
104	104	3 determine prior to trial if a bonafide doubt as to his or her
105	105	4 fitness to stand trial may be raised, the court, in its
106	106	5 discretion, may order an appropriate examination. However, no
107	107	6 order entered pursuant to this subsection shall prevent
108	108	7 further proceedings in the case. An expert so appointed shall
109	109	8 examine the defendant and make a report as provided in Section
110	110	9 104-15. Upon the filing with the court of a verified statement
111	111	10 of services rendered, the court shall enter an order on the
112	112	11 county board to pay such expert a reasonable fee stated in the
113	113	12 order.
114	114	13 (c) When a bonafide doubt of the defendant's fitness has
115	115	14 been raised, the burden of proving that the defendant is fit by
116	116	15 a preponderance of the evidence and the burden of going
117	117	16 forward with the evidence are on the State. However, the Court
118	118	17 court may call its own witnesses and conduct its own inquiry.
119	119	18 (d) Following a finding of unfitness, the Court court may
120	120	19 hear and rule on any pretrial motion or motions if the
121	121	20 defendant's presence is not essential to a fair determination
122	122	21 of the issues. A motion may be reheard upon a showing that
123	123	22 evidence is available which was not previously available, due
124	124	23 to the defendant's unfitness, when the motion was first
125	125	24 decided.
126	126	25 (Source: P.A. 81-1217.)
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137	137	1 (725 ILCS 5/104-12) (from Ch. 38, par. 104-12)
138	138	2 Sec. 104-12. Right to Jury.) The issue of the defendant's
139	139	3 fitness may be determined in the first instance by the Court
140	140	4 court or by a jury. The defense or the State may demand a jury
141	141	5 or the Court court on its own motion may order a jury. However,
142	142	6 when the issue is raised after trial has begun or after
143	143	7 conviction but before sentencing, or when the issue is to be
144	144	8 redetermined under Section 104-20 or 104-27, the issue shall
145	145	9 be determined by the Court court.
146	146	10 (Source: P.A. 81-1217.)
147	147	11 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
148	148	12 Sec. 104-13. Fitness examination.
149	149	13 (a) When the issue of fitness involves the defendant's
150	150	14 mental condition, the Court court shall order an examination
151	151	15 of the defendant by one or more licensed physicians, clinical
152	152	16 psychologists, or psychiatrists chosen by the Court court. No
153	153	17 physician, or other person clinical psychologist or
154	154	18 psychiatrist employed by the Department of Human Services
155	155	19 shall be ordered to perform, in the person's his official
156	156	20 capacity, an examination under this subsection Section.
157	157	21 (b) If the issue of fitness involves the defendant's
158	158	22 physical condition, the Court court shall appoint one or more
159	159	23 physicians and in addition, such other experts as it may deem
160	160	24 appropriate to examine the defendant and to report to the
161	161	25 Court court regarding the defendant's condition. No physician
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172	172	1 or other person employed by the Department of Human Services
173	173	2 shall be ordered to perform, in the person's official
174	174	3 capacity, an examination under this subsection.
175	175	4 (c) An initial fitness examination ordered under this
176	176	5 Section shall be given at the place designated by the person
177	177	6 who will conduct the examination, except that if the defendant
178	178	7 is being held in custody, the examination shall take place at
179	179	8 such location as the Court court directs. No examinations
180	180	9 under this Section shall be ordered to take place at mental
181	181	10 health or developmental disabilities facilities operated by
182	182	11 the Department of Human Services. If the defendant fails to
183	183	12 keep appointments without reasonable cause or if the county
184	184	13 expert person conducting the examination reports to the Court
185	185	14 court that diagnosis requires hospitalization or extended
186	186	15 observation, the Court court may order the defendant admitted
187	187	16 to an appropriate facility for an examination, other than an
188	188	17 initial fitness examination or placement a screening
189	189	18 examination, for not more than 7 days. The Court court may,
190	190	19 upon a showing of good cause, grant an additional 7 days to
191	191	20 complete the examination and submit a diagnosis to the Court.
192	192	21 (d) Release on pretrial release or on recognizance shall
193	193	22 not be revoked and an application therefor shall not be denied
194	194	23 on the grounds that an examination has been ordered, unless
195	195	24 the Court has determined that the defendant must remain in
196	196	25 custody for the defendant's own safety or the safety of
197	197	26 others.
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208	208	1 (e) Upon request by the defense and if the defendant is
209	209	2 indigent, the Court court may appoint, in addition to the
210	210	3 expert or experts chosen pursuant to subsection (a) of this
211	211	4 Section, a qualified expert selected by the defendant to
212	212	5 examine him and to make a report as provided in Section 104-15.
213	213	6 Upon the filing with the Court court of a verified statement of
214	214	7 services rendered, the Court court shall enter an order on the
215	215	8 county board to pay such expert a reasonable fee stated in the
216	216	9 order.
217	217	10 (Source: P.A. 101-652, eff. 1-1-23.)
218	218	11 (725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
219	219	12 Sec. 104-14. Use of Statements Made During Examination or
220	220	13 Treatment.) (a) Statements made by the defendant and
221	221	14 information gathered in the course of any examination or
222	222	15 treatment ordered under Section 104-13, 104-17 or 104-20 shall
223	223	16 not be admissible against the defendant unless the defendant
224	224	17 he raises the defense of insanity or the defense of drugged or
225	225	18 intoxicated condition, in which case they shall be admissible
226	226	19 only on the issue of whether the defendant he was insane,
227	227	20 drugged, or intoxicated. The refusal of the defendant to
228	228	21 cooperate in such examinations shall not preclude the raising
229	229	22 of the aforesaid defenses but shall preclude the defendant
230	230	23 from offering expert evidence or testimony tending to support
231	231	24 such defenses if the expert evidence or testimony is based
232	232	25 upon the expert's examination of the defendant.
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243	243	1 (b) Except as provided in paragraph (a) of this Section,
244	244	2 no statement made by the defendant in the course of any
245	245	3 examination or treatment ordered under Section 104-13, 104-17
246	246	4 or 104-20, which relates to the crime charged or to other
247	247	5 criminal acts, shall be disclosed by persons conducting the
248	248	6 examination or rendering the treatment, except to members of
249	249	7 the examining or treating team. The defendant, however, may
250	250	8 consent to the release of such information if the defendant is
251	251	9 competent to do so. , without the informed written consent of
252	252	10 the defendant, who is competent at the time of giving such
253	253	11 consent.
254	254	12 (c) The Court court shall advise the defendant of the
255	255	13 limitations on the use of any statements made or information
256	256	14 gathered in the course of the fitness examination or
257	257	15 subsequent treatment as provided in this Section. It shall
258	258	16 also advise the defendant him that the defendant he may refuse
259	259	17 to cooperate with the person conducting the examination, but
260	260	18 that such his refusal may be admitted admissible into evidence
261	261	19 on the issue of the defendant's his mental or physical
262	262	20 condition.
263	263	21 (Source: P.A. 81-1217.)
264	264	22 (725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
265	265	23 Sec. 104-15. Initial Fitness Report.
266	266	24 (a) The person or persons conducting an initial fitness
267	267	25 examination of the defendant, pursuant to paragraph (a) or (b)
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278	278	1 of Section 104-13 shall submit a written report to the Court
279	279	2 court, the State, and the defense within 30 days of the date of
280	280	3 the order. The report shall include:
281	281	4 (1) A diagnosis and an explanation as to how it was
282	282	5 reached and the facts upon which it is based;
283	283	6 (2) A description of the defendant's mental or
284	284	7 physical disability, if any; its severity; and an opinion
285	285	8 as to whether and to what extent it impairs the
286	286	9 defendant's ability to understand the nature and purpose
287	287	10 of the proceedings against them him or to meaningfully
288	288	11 assist in his defense, or both.
289	289	12 (b) If the report indicates that the defendant is not fit
290	290	13 to stand trial or to plead because of a disability, the report
291	291	14 shall include an opinion as to the likelihood of the defendant
292	292	15 attaining fitness within the statutory a period of time from
293	293	16 the date of the finding of unfitness if provided with a course
294	294	17 of treatment. For a defendant charged with a felony, the
295	295	18 period of time shall be one year. For a defendant charged with
296	296	19 a Class A or Class B misdemeanor, the period of time shall be
297	297	20 no longer than the maximum term of imprisonment for the most
298	298	21 serious offense. Defendants charged with Class C misdemeanors,
299	299	22 petty offenses, infraction of a municipal ordinance, or
300	300	23 violation of the Illinois Vehicle Code are not eligible for
301	301	24 fitness restoration services, unless the penalty therefore may
302	302	25 include incarceration for a period of 180 days or longer. If
303	303	26 the person or persons preparing the initial fitness report are
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314	314	1 unable to form such an opinion, the report shall state the
315	315	2 reasons therefor. The report shall may include a general
316	316	3 description of the type of treatment needed and of the least
317	317	4 physically restrictive form of treatment therapeutically
318	318	5 appropriate.If the most serious charge facing the defendant is
319	319	6 a misdemeanor and inpatient treatment is recommended, the
320	320	7 report shall state reasons why outpatient treatment is not
321	321	8 appropriate.
322	322	9 (c) The initial fitness report shall indicate what
323	323	10 information, if any, contained therein may be harmful to the
324	324	11 mental condition of the defendant if made known to the
325	325	12 defendant and the Court may determine if the defendant is
326	326	13 restricted from receiving the report. him.
327	327	14 (d) In addition to the report, a person retained or
328	328	15 appointed by the Court State or the defense to conduct an
329	329	16 initial fitness examination under Section 13 shall, upon
330	330	17 written request, make the defendant's his or her notes, other
331	331	18 evaluations reviewed or relied uponby the testifying witness,
332	332	19 and any videotaped interviews available to another examiner of
333	333	20 the defendant. All forensic interviews conducted by a person
334	334	21 retained or appointed by the Court State or the defense shall
335	335	22 be videotaped unless doing so would be impractical. In the
336	336	23 event that the interview is not videotaped, the examiner may
337	337	24 still testify as to the person's fitness and the Court court
338	338	25 may only consider the lack of compliance in according the
339	339	26 weight and not the admissibility of the expert testimony. An
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350	350	1 examiner may use these materials as part of the defendant's
351	351	2 his or her diagnosis and explanation but shall not otherwise
352	352	3 disclose the contents, including at a hearing before the Court
353	353	4 court, except as otherwise provided in Section 104-14 of this
354	354	5 Code.
355	355	6 (Source: P.A. 100-424, eff. 1-1-18.)
356	356	7 (725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
357	357	8 Sec. 104-16. Fitness Hearing.) (a) The Court court
358	358	9 shall conduct a hearing to determine the issue of the
359	359	10 defendant's fitness within 45 days of receipt of the final
360	360	11 written report of the person or persons conducting the
361	361	12 examination or upon conclusion of the matter then pending
362	362	13 before it, subject to continuances allowed pursuant to Section
363	363	14 114-4 of this Act.
364	364	15 (b) Subject to the rules of evidence, matters admissible
365	365	16 on the issue of the defendant's fitness include, but are not
366	366	17 limited to, the following:
367	367	18 (1) The defendant's knowledge and understanding of the
368	368	19 charge, the proceedings, the consequences of a plea, judgment
369	369	20 or sentence, and the functions of the participants in the
370	370	21 trial process;
371	371	22 (2) The defendant's ability to observe, recollect and
372	372	23 relate occurrences, especially those concerning the incidents
373	373	24 alleged, and to effectively communicate with counsel;
374	374	25 (3) The defendant's social behavior and abilities;
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385	385	1 orientation as to time and place; recognition of persons,
386	386	2 places and things; and performance of motor processes.
387	387	3 (c) The defendant has the right to be present at every
388	388	4 hearing on the issue of his fitness. The defendant's presence
389	389	5 may be waived only if there is filed with the Court court a
390	390	6 certificate stating that the defendant is physically unable to
391	391	7 be present due to a disability and the reasons therefor. The
392	392	8 certificate shall be signed by a licensed physician, physician
393	393	9 assistant, or nurse practitioner who, within 7 days, has
394	394	10 examined the defendant. A disability is a mental or physical
395	395	11 condition that, in the opinion of a physician, physician
396	396	12 assistant, or nurse practitioner, prevents the defendant from
397	397	13 safely attending a hearing in person. The defendant's mere
398	398	14 refusal to attend a hearing shall not by itself constitute a
399	399	15 disability.
400	400	16 (d) On the basis of the evidence before it, the Court court
401	401	17 or jury shall determine whether the defendant is fit to stand
402	402	18 trial, or to plead or to be sentenced. If it finds that the
403	403	19 defendant is unfit, the Court court or the jury shall
404	404	20 determine whether there is substantial probability that the
405	405	21 defendant, if provided with a course of treatment, will attain
406	406	22 fitness within one year, except where the defendant is facing
407	407	23 either a Class A or B Misdemeanors, in which case the period of
408	408	24 time shall be no longer than the maximum for the most serious
409	409	25 offense. If the court or the jury finds that there is not a
410	410	26 substantial probability, the court shall proceed as provided
411	411
412	412
413	413
414	414
415	415
416	416	SB3444 - 11 - LRB103 38699 RLC 68836 b
417	417
418	418
419	419	SB3444- 12 -LRB103 38699 RLC 68836 b SB3444 - 12 - LRB103 38699 RLC 68836 b
420	420	SB3444 - 12 - LRB103 38699 RLC 68836 b
421	421	1 in Section 104-23. If such probability is found or if the Court
422	422	2 court or the jury is unable to determine whether a substantial
423	423	3 probability exists, the Court court shall order the defendant
424	424	4 to undergo treatment for the purpose of rendering them him
425	425	5 fit. In the event that a defendant is ordered to undergo
426	426	6 treatment with when there has been no initial determination as
427	427	7 to the probability of his attaining fitness within the
428	428	8 statutory timeframe, the Court court shall conduct a hearing
429	429	9 as soon as possible following the receipt of the treatment
430	430	10 supervisor's report filed pursuant to subsection (g) paragraph
431	431	11 (d) of Section 104-17, unless the hearing is waived by the
432	432	12 defense, and shall make a determination as to whether a
433	433	13 substantial probability of attaining fitness within the
434	434	14 statutory timeframe exists. If the Court or the jury finds
435	435	15 that there is not a substantial probability that the defendant
436	436	16 may be rendered fit within the statutory limitations, the
437	437	17 Court shall proceed as provided in Section 104-23.
438	438	18 (e) An order finding the defendant unfit is a final order
439	439	19 for purposes of appeal by the State or the defendant.
440	440	20 (Source: P.A. 81-1217.)
441	441	21 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
442	442	22 Sec. 104-17. Commitment for treatment; treatment plan.
443	443	23 (a) If the defendant is eligible to be or has been released
444	444	24 on pretrial release or on the defendant's his own
445	445	25 recognizance, the Court court shall select the least
446	446
447	447
448	448
449	449
450	450
451	451	SB3444 - 12 - LRB103 38699 RLC 68836 b
452	452
453	453
454	454	SB3444- 13 -LRB103 38699 RLC 68836 b SB3444 - 13 - LRB103 38699 RLC 68836 b
455	455	SB3444 - 13 - LRB103 38699 RLC 68836 b
456	456	1 physically restrictive form of treatment therapeutically
457	457	2 appropriate and consistent with the safety of the defendant or
458	458	3 the safety of others. treatment plan. The treatment placement
459	459	4 may be ordered on either on an inpatient or an outpatient
460	460	5 basis.
461	461	6 (b) If the defendant defendant's is unfit due to mental
462	462	7 illness or developmental disability as identified in the
463	463	8 Mental Health and Developmental Disabilities Code disability is
464	464	9 mental, the Court court may order them into the him placed for
465	465	10 secure treatment in the custody of the Department of Human
466	466	11 Services. , or The Court the court may also order the defendant
467	467	12 to be him placed in the custody of any other appropriate public
468	468	13 or private mental health facility or treatment program which
469	469	14 has agreed to provide treatment to the defendant. If the
470	470	15 defendant is remanded to the custody of the Department of
471	471	16 Human Services for inpatient services, the defendant shall be
472	472	17 placed in a secure setting. During the period of time required
473	473	18 to determine bed and placement availability at the designated
474	474	19 facility, the defendant shall remain in jail and the pretrial
475	475	20 release provisions of Section 110-2 do not apply. If the most
476	476	21 serious charge faced by the defendant is a Class A or Class B
477	477	22 misdemeanor, the Court court shall order outpatient treatment,
478	478	23 unless the Court court finds good cause on the record to order
479	479	24 secure, inpatient treatment. If the Court court orders the
480	480	25 defendant to inpatient treatment in the custody of the
481	481	26 Department of Human Services, the Department shall conduct a
482	482
483	483
484	484
485	485
486	486
487	487	SB3444 - 13 - LRB103 38699 RLC 68836 b
488	488
489	489
490	490	SB3444- 14 -LRB103 38699 RLC 68836 b SB3444 - 14 - LRB103 38699 RLC 68836 b
491	491	SB3444 - 14 - LRB103 38699 RLC 68836 b
492	492	1 placement screening evaluate the defendant to determine the
493	493	2 most appropriate placement option for secure facility to
494	494	3 receive the defendant and, within 20 days of the successful
495	495	4 transmittal by the Clerk of Circuit Court clerk of the circuit
496	496	5 court of the Court's court's placement order, if inpatient
497	497	6 treatment is most appropriate, notify the Court court of the
498	498	7 designated secure facility to receive the defendant. In such
499	499	8 case, the The Department shall admit the defendant to a secure
500	500	9 facility within 60 days of the transmittal of the Court's
501	501	10 remand court's placement order, unless the Department can
502	502	11 demonstrate good faith efforts at placement and a lack of bed
503	503	12 and placement availability. If placement cannot be made within
504	504	13 60 days of successful the transmittal of the Court's remand
505	505	14 court's placement order and the Department has demonstrated
506	506	15 good faith efforts at placement and a lack of bed and placement
507	507	16 availability, the Department shall provide the Court with an
508	508	17 update and shall continue an update to update the ordering
509	509	18 Court court every 30 days thereafter until the defendant is
510	510	19 placed. Once bed and placement availability is determined, the
511	511	20 Department shall notify the sheriff who shall promptly
512	512	21 transport the defendant to the designated facility. If the
513	513	22 defendant is placed in the custody of the Department of Human
514	514	23 Services, the defendant shall be placed in a secure setting.
515	515	24 During the period of time required to determine bed and
516	516	25 placement availability at the designated facility, the
517	517	26 defendant shall remain in jail. If during the course of
518	518
519	519
520	520
521	521
522	522
523	523	SB3444 - 14 - LRB103 38699 RLC 68836 b
524	524
525	525
526	526	SB3444- 15 -LRB103 38699 RLC 68836 b SB3444 - 15 - LRB103 38699 RLC 68836 b
527	527	SB3444 - 15 - LRB103 38699 RLC 68836 b
528	528	1 screening evaluating the defendant for placement, the
529	529	2 Department of Human Services determines that the defendant is
530	530	3 currently fit to stand trial, suitable for outpatient
531	531	4 treatment, or unfit without a substantial probability of being
532	532	5 rendered fit within the statutory timeframe, it shall
533	533	6 immediately notify the Court court and shall submit a written
534	534	7 report within 7 days. In any of those circumstances that
535	535	8 circumstance the placement shall be held pending a Court court
536	536	9 hearing on the Department's report. Otherwise, upon completion
537	537	10 of the placement process, including identifying bed and
538	538	11 placement availability, the sheriff shall be notified and
539	539	12 shall transport the defendant to the designated facility. If,
540	540	13 within 60 days of the successful transmittal by the Clerk
541	541	14 clerk of the Circuit Court circuit court of the Court's remand
542	542	15 court's placement order, the Department has not provided the
543	543	16 Court fails to provide the sheriff with notice of bed and
544	544	17 placement availability at the designated facility, the sheriff
545	545	18 shall contact the Department to inquire about when a placement
546	546	19 will become available at the designated facility as well as
547	547	20 bed and placement availability at other secure facilities. The
548	548	21 Department shall respond to the sheriff within 2 business days
549	549	22 of the notice and inquiry by the sheriff seeking the transfer
550	550	23 and the Department shall provide the sheriff with the status
551	551	24 of the placement screening, currently designated facility
552	552	25 evaluation, information on bed and placement availability, and
553	553	26 an estimated date of admission for the defendant, and any
554	554
555	555
556	556
557	557
558	558
559	559	SB3444 - 15 - LRB103 38699 RLC 68836 b
560	560
561	561
562	562	SB3444- 16 -LRB103 38699 RLC 68836 b SB3444 - 16 - LRB103 38699 RLC 68836 b
563	563	SB3444 - 16 - LRB103 38699 RLC 68836 b
564	564	1 changes to the that estimated date of admission. If the
565	565	2 Department notifies the sheriff during the 2 business day
566	566	3 period of an alternate secure a facility operated by the
567	567	4 Department with current placement availability, the sheriff
568	568	5 shall promptly transport the defendant to that facility. The
569	569	6 placement may be ordered either on an inpatient or an
570	570	7 outpatient basis.
571	571	8 (c) If the defendant's disability is physical, the Court
572	572	9 court may order placement at a medical hospital or other
573	573	10 residential care facility or program that has agreed to
574	574	11 provide treatment to the defendant. Only such physical
575	575	12 conditions that may be overcome by special assistance or
576	576	13 provisions as referenced in Section 104-22 qualify as physical
577	577	14 disabilities under this subsection. him placed under the
578	578	15 supervision of the Department of Human Services which shall
579	579	16 place and maintain the defendant in a suitable treatment
580	580	17 facility or program, or the court may order him placed in an
581	581	18 appropriate public or private facility or treatment program
582	582	19 which has agreed to provide treatment to the defendant. The
583	583	20 placement may be ordered either on an inpatient or an
584	584	21 outpatient basis.
585	585	22 (d) If the defendant with mental disabilities is ordered
586	586	23 to outpatient treatment, the defendant shall be released from
587	587	24 custody with instructions to contact the Department of Human
588	588	25 Services to schedule the receipt of restoration services in
589	589	26 the community. A defendant who either fails to arrange for the
590	590
591	591
592	592
593	593
594	594
595	595	SB3444 - 16 - LRB103 38699 RLC 68836 b
596	596
597	597
598	598	SB3444- 17 -LRB103 38699 RLC 68836 b SB3444 - 17 - LRB103 38699 RLC 68836 b
599	599	SB3444 - 17 - LRB103 38699 RLC 68836 b
600	600	1 receipt of community restoration services or whom the
601	601	2 Department reports has failed to comply in any other respect
602	602	3 with the outpatient treatment order shall be remanded to the
603	603	4 Department pursuant to subsection (b) hereof to receive
604	604	5 inpatient services at a secure facility designated by the
605	605	6 Department.
606	606	7 (e) If the defendant is unfit due to a traumatic brain
607	607	8 injury or organic brain disease such as Alzheimer's or
608	608	9 dementia, or any other condition other than one treatable as a
609	609	10 mental illness or developmental disability, the Court may
610	610	11 order the defendant placed in a suitable public or private
611	611	12 treatment facility or program that has agreed to provide
612	612	13 treatment to the defendant. No person who has not been
613	613	14 determined to be unfit due to a condition identified in this
614	614	15 subsection (e) may be placed in a facility operated by the
615	615	16 Department of Human Services.
616	616	17 (f) (d) The Clerk clerk of the Circuit Court circuit court
617	617	18 shall within 5 days of the entry of the order transmit to the
618	618	19 Department, hospital, facility, agency or program institution,
619	619	20 if any, to which the defendant is remanded for treatment, the
620	620	21 following:
621	621	22 (1) a certified copy of the order to undergo
622	622	23 treatment. Accompanying the certified copy of the order to
623	623	24 undergo treatment shall be the complete copy of any
624	624	25 initial fitness report prepared under Section 104-15 of
625	625	26 this Code or other report prepared by a forensic examiner
626	626
627	627
628	628
629	629
630	630
631	631	SB3444 - 17 - LRB103 38699 RLC 68836 b
632	632
633	633
634	634	SB3444- 18 -LRB103 38699 RLC 68836 b SB3444 - 18 - LRB103 38699 RLC 68836 b
635	635	SB3444 - 18 - LRB103 38699 RLC 68836 b
636	636	1 for the court;
637	637	2 (2) the county and municipality in which the offense
638	638	3 was committed;
639	639	4 (3) the county and municipality in which the arrest
640	640	5 took place;
641	641	6 (4) a copy of the arrest report, criminal charges,
642	642	7 arrest record; and
643	643	8 (5) all additional matters which the Court directs the
644	644	9 Clerk clerk to transmit.
645	645	10 (g) (e) Within 30 days of admission to the hospital,
646	646	11 facility or program designated under this Section facility,
647	647	12 the person supervising the defendant's treatment shall file
648	648	13 with the Court court, the State, and the defense a report
649	649	14 assessing the hospital's, facility's or program's capacity to
650	650	15 provide appropriate treatment for the defendant and indicating
651	651	16 an his opinion as to the probability of the defendant's
652	652	17 attaining fitness within a period of time from the date of the
653	653	18 finding of unfitness. For a defendant charged with a felony,
654	654	19 the period of time shall be one year. For a defendant charged
655	655	20 with a Class A or Class B misdemeanor, the period of time shall
656	656	21 be no longer than the sentence if convicted of the most serious
657	657	22 offense. Defendants charged with Class C misdemeanors, petty
658	658	23 offenses, infraction of a municipal ordinance, or violation of
659	659	24 the Illinois Vehicle Code are not eligible for fitness
660	660	25 restoration services, unless the statutory penalty therefor
661	661	26 may include a sentence for a period of 180 days or longer. If
662	662
663	663
664	664
665	665
666	666
667	667	SB3444 - 18 - LRB103 38699 RLC 68836 b
668	668
669	669
670	670	SB3444- 19 -LRB103 38699 RLC 68836 b SB3444 - 19 - LRB103 38699 RLC 68836 b
671	671	SB3444 - 19 - LRB103 38699 RLC 68836 b
672	672	1 the report indicates that there is a substantial probability
673	673	2 that the defendant will attain fitness within the statutory
674	674	3 time period, the treatment supervisor shall also file a
675	675	4 treatment plan which shall include:
676	676	5 (1) A diagnosis of the defendant's disability;
677	677	6 (2) A description of treatment goals with respect to
678	678	7 rendering the defendant fit, a specification of the
679	679	8 proposed treatment modalities, and an estimated timetable
680	680	9 for attainment of the goals;
681	681	10 (3) An identification of the person in charge of
682	682	11 supervising the defendant's treatment.
683	683	12 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
684	684	13 (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
685	685	14 Sec. 104-18. Progress reports.
686	686	15 (a) The treatment supervisor shall submit a written
687	687	16 progress report to the Court court, the State, and the
688	688	17 defense:
689	689	18 (1) At least 7 days prior to the date for any hearing
690	690	19 on the issue of the defendant's fitness;
691	691	20 (2) Whenever he believes that the defendant has
692	692	21 attained fitness, provided the treatment supervisor has
693	693	22 been notified by the Court of such date sufficiently in
694	694	23 advance;
695	695	24 (3) Whenever there is an opinion by the treatment
696	696	25 supervisor he believes that there is not a substantial
697	697
698	698
699	699
700	700
701	701
702	702	SB3444 - 19 - LRB103 38699 RLC 68836 b
703	703
704	704
705	705	SB3444- 20 -LRB103 38699 RLC 68836 b SB3444 - 20 - LRB103 38699 RLC 68836 b
706	706	SB3444 - 20 - LRB103 38699 RLC 68836 b
707	707	1 probability that the defendant will attain fitness, with
708	708	2 treatment, within the statutory time period set in
709	709	3 subsection (e) of Section 104-17 of this Code from the
710	710	4 date of the original finding of unfitness.
711	711	5 (b) The progress report shall contain:
712	712	6 (1) The clinical findings of the treatment supervisor
713	713	7 and the facts upon which the findings are based;
714	714	8 (2) The opinion of the treatment supervisor as to
715	715	9 whether the defendant has attained fitness, or as to
716	716	10 whether the defendant is making progress, under treatment,
717	717	11 toward attaining fitness within the statutory time period
718	718	12 set in subsection (e) of Section 104-17 of this Code from
719	719	13 the date of the original finding of unfitness, or there is
720	720	14 not a substantially probability that the defendant will
721	721	15 attain fitness within the statutory time period;
722	722	16 (3) If the defendant is receiving medication,
723	723	17 information from the prescribing physician indicating the
724	724	18 type, the dosage and the effect of the medication on the
725	725	19 defendant's appearance, actions and demeanor.
726	726	20 (c) Whenever the Court court is sent a report from the
727	727	21 supervisor of the defendant's treatment under either paragraph
728	728	22 (2) or (3) of subsection (a) of this Section it shall, within
729	729	23 48 hours, enter an order upon the Sheriff to return the
730	730	24 defendant to the County jail. Upon receipt of such order, the
731	731	25 treatment supervisor provider shall arrange directly with the
732	732	26 county sheriff jail for the immediate return of the defendant
733	733
734	734
735	735
736	736
737	737
738	738	SB3444 - 20 - LRB103 38699 RLC 68836 b
739	739
740	740
741	741	SB3444- 21 -LRB103 38699 RLC 68836 b SB3444 - 21 - LRB103 38699 RLC 68836 b
742	742	SB3444 - 21 - LRB103 38699 RLC 68836 b
743	743	1 to the county jail as provided under subsection (e) of Section
744	744	2 104-20 of this Code.
745	745	3 (d) Whenever the Court receives a report from the
746	746	4 supervisor of the defendant's treatment supervisor pursuant to
747	747	5 paragraph (2) or (3) of subsection (a) hereof, the Court shall
748	748	6 forthwith set the matter for a first hearing within 14 days,
749	749	7 unless good cause is demonstrated why the hearing cannot be
750	750	8 held within that time and shall set the hearing at the first
751	751	9 available opportunity thereafter.
752	752	10 (Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
753	753	11 (725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
754	754	12 Sec. 104-19. Records.) Any report filed of record with the
755	755	13 Court court concerning diagnosis, treatment or treatment plans
756	756	14 made pursuant to this Article shall not be placed in the
757	757	15 defendant's court record but shall be maintained separately by
758	758	16 the Clerk clerk of the Circuit Court court and shall be
759	759	17 available only to the Court court or an appellate court, the
760	760	18 State and the defense, the Department, a hospital, facility or
761	761	19 program which is providing treatment to the defendant pursuant
762	762	20 to an order of the Court court or such other persons as the
763	763	21 Court court may direct.
764	764	22 (Source: P.A. 81-1217.)
765	765	23 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
766	766	24 Sec. 104-20. Ninety-day hearings; continuing treatment.)
767	767
768	768
769	769
770	770
771	771
772	772	SB3444 - 21 - LRB103 38699 RLC 68836 b
773	773
774	774
775	775	SB3444- 22 -LRB103 38699 RLC 68836 b SB3444 - 22 - LRB103 38699 RLC 68836 b
776	776	SB3444 - 22 - LRB103 38699 RLC 68836 b
777	777	1 (a) Upon entry or continuation of any order to undergo
778	778	2 fitness restoration treatment, the Court court shall set a
779	779	3 date for hearing to reexamine the issue of the defendant's
780	780	4 fitness not more than 90 days from the original finding of
781	781	5 unfitness and at 90-day intervals thereafter. The Clerk of the
782	782	6 Circuit Court shall notify the hospital, facility or program
783	783	7 providing treatment to the defendant of all upcoming hearing
784	784	8 dates. In addition, whenever the court receives a report from
785	785	9 the supervisor of the defendant's treatment pursuant to
786	786	10 subparagraph (3) of paragraph (a) of Section 104-18, the court
787	787	11 shall forthwith set the matter for a first hearing within 14
788	788	12 days unless good cause is demonstrated why the hearing cannot
789	789	13 be held. Unless waived by the defense, on On the date set or
790	790	14 upon conclusion of the matter then pending before it, the
791	791	15 Court court, sitting without a jury, shall conduct a hearing,
792	792	16 unless waived by the defense, and shall determine:
793	793	17 (1) Whether the defendant is fit to stand trial or to
794	794	18 plead; or and if not,
795	795	19 (2) Whether the defendant is making progress under
796	796	20 treatment toward attainment of fitness within the
797	797	21 statutory time period set in subsection (e) of Section
798	798	22 104-17 of this Code from the date of the original finding
799	799	23 of unfitness; or .
800	800	24 (3) Whether there is not a substantial probability
801	801	25 that the defendant may be restored to fitness within the
802	802	26 statutory timeframe.
803	803
804	804
805	805
806	806
807	807
808	808	SB3444 - 22 - LRB103 38699 RLC 68836 b
809	809
810	810
811	811	SB3444- 23 -LRB103 38699 RLC 68836 b SB3444 - 23 - LRB103 38699 RLC 68836 b
812	812	SB3444 - 23 - LRB103 38699 RLC 68836 b
813	813	1 (b) If the Court court finds the defendant to be fit
814	814	2 pursuant to this Section, the Court court shall set the matter
815	815	3 for trial and if in secure custody, order that the defendant be
816	816	4 returned to the County to stand trial. ; provided that if the
817	817	5 defendant is in need of continued care or treatment and the
818	818	6 supervisor of the defendant's treatment agrees to continue to
819	819	7 provide it, the court may enter any order it deems appropriate
820	820	8 for the continued care or treatment of the defendant by the
821	821	9 facility or program pending the conclusion of the criminal
822	822	10 proceedings.
823	823	11 (c) If the Court court finds that the defendant is still
824	824	12 unfit but that the defendant he is making progress toward
825	825	13 attaining fitness, the Court court may continue or modify the
826	826	14 its original treatment order entered pursuant to Section
827	827	15 104-17.
828	828	16 (d) If the Court court finds that the defendant is still
829	829	17 unfit and that the defendant he is not making progress toward
830	830	18 attaining fitness such that there is not a substantial
831	831	19 probability that he will attain fitness within the time
832	832	20 statutory period set in subsection (e) of Section 104-17 of
833	833	21 this Code from the date of the original finding of unfitness,
834	834	22 if in secure custody, the Court court shall order that the
835	835	23 defendant be returned to the County and shall otherwise
836	836	24 proceed pursuant to Section 104-23. However, if the defendant
837	837	25 is in need of continued care and treatment and the supervisor
838	838	26 of the defendant's treatment agrees to continue to provide it,
839	839
840	840
841	841
842	842
843	843
844	844	SB3444 - 23 - LRB103 38699 RLC 68836 b
845	845
846	846
847	847	SB3444- 24 -LRB103 38699 RLC 68836 b SB3444 - 24 - LRB103 38699 RLC 68836 b
848	848	SB3444 - 24 - LRB103 38699 RLC 68836 b
849	849	1 the court may enter any order it deems appropriate for the
850	850	2 continued care or treatment by the facility or program pending
851	851	3 the conclusion of the criminal proceedings.
852	852	4 (e) Whenever the Court court receives a report from the
853	853	5 supervisor of the defendant's treatment under paragraphs
854	854	6 paragraph (2) or (3) of subsection (a) of Section 104-18 of
855	855	7 this Code, the Court court shall, within 48 hours, immediately
856	856	8 enter an order directing the sheriff to return the defendant
857	857	9 to the county jail and set the matter for trial. At any time
858	858	10 thereafter, the issue of the defendant's fitness can be raised
859	859	11 again under Section 104-11 of this Code. If the Court court
860	860	12 finds that the defendant is still unfit after being
861	861	13 recommended as fit by the supervisor of the defendant's
862	862	14 treatment and, that it is substantially probable that the
863	863	15 defendant may be restored to fitness within the statutory
864	864	16 timeframe, the Court court shall attach a copy of any written
865	865	17 report that identifies the relevant factors in favor thereof
866	866	18 the finding that the defendant continues to be unfit, prepared
867	867	19 by a licensed physician, clinical psychologist, or
868	868	20 psychiatrist, to the court order remanding the person for
869	869	21 further treatment.
870	870	22 (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
871	871	23 (725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
872	872	24 Sec. 104-21. Medication.
873	873	25 (a) A defendant who is ordered into the custody of the
874	874
875	875
876	876
877	877
878	878
879	879	SB3444 - 24 - LRB103 38699 RLC 68836 b
880	880
881	881
882	882	SB3444- 25 -LRB103 38699 RLC 68836 b SB3444 - 25 - LRB103 38699 RLC 68836 b
883	883	SB3444 - 25 - LRB103 38699 RLC 68836 b
884	884	1 Department of Human Services after a finding of unfitness is
885	885	2 subject to the involuntary administration of medication under
886	886	3 Section 2-107.1 of the Mental Health and Developmental
887	887	4 Disabilities Code. The petition may be filed in either the
888	888	5 county where the defendant is located or with the Court having
889	889	6 jurisdiction over the defendant. A defendant receiving
890	890	7 psychotropic drugs shall not be presumed to be unfit to stand
891	891	8 trial solely by virtue of the receipt of those drugs or
892	892	9 medications.
893	893	10 (a-5) The court-ordered custodian of a defendant who is
894	894	11 subject to the involuntary administration of medication under
895	895	12 this Section shall be entitled to receive the treatment notes,
896	896	13 records and reports relative to the defendant upon written
897	897	14 request., A prior treatment provider who is provided with a
898	898	15 copy of the Court's custody order shall respond to the
899	899	16 custodian's records request within 5 business days. No records
900	900	17 received pursuant to this Section may be used for any purposes
901	901	18 except to determine whether the defendant meets the criteria
902	902	19 for court-ordered treatment under Section 2-107.1 or to
903	903	20 prepare for and participate in hearings under Section 2-107.1.
904	904	21 (a-7) A petition filed on behalf of a defendant who is in
905	905	22 custody under this Article shall be heard within 7 days,
906	906	23 unless good cause is stated on the record why the hearing
907	907	24 cannot be so held within the statutory timeframe. In no event,
908	908	25 however, shall such hearing be delayed beyond 14 days from the
909	909	26 date the petition is filed. The Court shall adjudicate the
910	910
911	911
912	912
913	913
914	914
915	915	SB3444 - 25 - LRB103 38699 RLC 68836 b
916	916
917	917
918	918	SB3444- 26 -LRB103 38699 RLC 68836 b SB3444 - 26 - LRB103 38699 RLC 68836 b
919	919	SB3444 - 26 - LRB103 38699 RLC 68836 b
920	920	1 petition within 3 working days of the conclusion of the
921	921	2 medication hearing.
922	922	3 (b) Whenever a defendant who is receiving medication under
923	923	4 medical direction is transferred between a place of custody
924	924	5 and a treatment facility or program, a written report from the
925	925	6 prescribing physician shall accompany the defendant. The
926	926	7 report shall state the type and dosage of the defendant's
927	927	8 medication and the duration of the prescription. The chief
928	928	9 officer of the place of custody or the treatment supervisor at
929	929	10 the facility or program shall insure that such medication is
930	930	11 provided according to the directions of the prescribing
931	931	12 physician or until superseded by order of a physician who has
932	932	13 examined the defendant.
933	933	14 (c) (Blank). If a defendant refuses psychotropic
934	934	15 medication, it may be administered over the defendant's
935	935	16 objections in accord with the Mental Health and Developmental
936	936	17 Disabilities Code. If court authorized medications are sought,
937	937	18 the petition, prepared in accord with Section 2-107.1 of the
938	938	19 Mental Health and Developmental Disabilities Code may be filed
939	939	20 in the county where the defendant is located or with the court
940	940	21 having jurisdiction over the defendant.
941	941	22 (Source: P.A. 98-1025, eff. 8-22-14.)
942	942	23 (725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
943	943	24 Sec. 104-22. Trial with special provisions and
944	944	25 assistance.) (a) On motion of the defendant, the State or on
945	945
946	946
947	947
948	948
949	949
950	950	SB3444 - 26 - LRB103 38699 RLC 68836 b
951	951
952	952
953	953	SB3444- 27 -LRB103 38699 RLC 68836 b SB3444 - 27 - LRB103 38699 RLC 68836 b
954	954	SB3444 - 27 - LRB103 38699 RLC 68836 b
955	955	1 the Court's court's own accord motion, the Court court shall
956	956	2 determine whether special provisions or assistance will render
957	957	3 the defendant fit to stand trial as defined in Section 104-10.
958	958	4 (b) Such special provisions or assistance may include but
959	959	5 are not limited to:
960	960	6 (1) The administration of medication.
961	961	7 (2) (1) Appointment of qualified translators who shall
962	962	8 simultaneously translate all testimony at trial into
963	963	9 language understood by the defendant.
964	964	10 (3) (2) Appointment of experts qualified to assist a
965	965	11 defendant who because of a disability is unable to
966	966	12 understand the proceedings or communicate with his or her
967	967	13 attorney.
968	968	14 (c) The case may proceed to trial only if the Court court
969	969	15 determines that such provisions or assistance compensate for a
970	970	16 defendant's disabilities so as to render the defendant fit as
971	971	17 defined in Section 104-10. In such cases the Court court shall
972	972	18 state for the record the following:
973	973	19 (1) The qualifications and experience of the experts or
974	974	20 other persons appointed to provide special assistance to the
975	975	21 defendant;
976	976	22 (2) The Court's court's reasons for selecting or
977	977	23 appointing the particular experts or other persons to provide
978	978	24 the special assistance to the defendant;
979	979	25 (3) How the appointment of the particular expert or other
980	980	26 persons will serve the goal of rendering the defendant fit in
981	981
982	982
983	983
984	984
985	985
986	986	SB3444 - 27 - LRB103 38699 RLC 68836 b
987	987
988	988
989	989	SB3444- 28 -LRB103 38699 RLC 68836 b SB3444 - 28 - LRB103 38699 RLC 68836 b
990	990	SB3444 - 28 - LRB103 38699 RLC 68836 b
991	991	1 view of the appointee's qualifications and experience, taken
992	992	2 in conjunction with the particular disabilities of the
993	993	3 defendant; and
994	994	4 (4) Any other factors considered by the court in
995	995	5 determining that the defendant is fit with special provisions
996	996	6 or assistance. appointing that individual.
997	997	7 (Source: P.A. 81-1217.)
998	998	8 (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
999	999	9 Sec. 104-23. Unfit defendants. Cases involving an unfit
1000	1000	10 defendant who demands a discharge hearing or a defendant whom
1001	1001	11 the defendant's treatment supervisor has reported as unfit
1002	1002	12 without a substantial probability of attaining fitness within
1003	1003	13 the statutory time period who cannot become fit to stand trial
1004	1004	14 and for whom no special provisions or assistance can
1005	1005	15 compensate for his disability and render him fit shall proceed
1006	1006	16 in the following manner:
1007	1007	17 (a) Upon a determination that there is not a substantial
1008	1008	18 probability that the defendant will attain fitness within the
1009	1009	19 time period set in subsection (e) of Section 104-17 of this
1010	1010	20 Code from the original finding of unfitness, the court The
1011	1011	21 Court shall hold a discharge hearing within 14 60 days, unless
1012	1012	22 good cause is shown for the delay.
1013	1013	23 (b) If at the hearing at any time the Court court
1014	1014	24 determines that there is not a substantial probability that
1015	1015	25 the defendant will attain fitness become fit to stand trial or
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	SB3444 - 28 - LRB103 38699 RLC 68836 b
1022	1022
1023	1023
1024	1024	SB3444- 29 -LRB103 38699 RLC 68836 b SB3444 - 29 - LRB103 38699 RLC 68836 b
1025	1025	SB3444 - 29 - LRB103 38699 RLC 68836 b
1026	1026	1 to plead within the statutory time period it shall proceed as
1027	1027	2 follows: set in subsection (e) of Section 104-17 of this Code
1028	1028	3 from the date of the original finding of unfitness, or if at
1029	1029	4 the end of the time period set in subsection (e) of Section
1030	1030	5 104-17 of this Code from that date the court finds the
1031	1031	6 defendant still unfit and for whom no special provisions or
1032	1032	7 assistance can compensate for his disabilities and render him
1033	1033	8 fit, the State shall request the court:
1034	1034	9 (1) To set the matter for a discharge hearing pursuant
1035	1035	10 to Section 25 hereof 104-25 unless a hearing has already
1036	1036	11 been held pursuant to paragraph (a) of this Section; or
1037	1037	12 (2) To release the defendant from custody and to
1038	1038	13 dismiss with prejudice the charges against them him; or
1039	1039	14 (3) To remand the defendant to the custody of the
1040	1040	15 Department of Human Services and order an involuntary
1041	1041	16 civil commitment a hearing to be conducted pursuant to the
1042	1042	17 provisions of the Mental Health and Developmental
1043	1043	18 Disabilities Code, as now or hereafter amended. The
1044	1044	19 Department of Human Services shall have 7 days from the
1045	1045	20 date it receives the defendant to prepare and file the
1046	1046	21 necessary petition and certificates that are required for
1047	1047	22 commitment on an inpatient or outpatient basis under the
1048	1048	23 Mental Health and Developmental Disabilities Code subject
1049	1049	24 to a 7 day extension upon a showing of good cause. If the
1050	1050	25 defendant is committed to the Department of Human Services
1051	1051	26 pursuant to such hearing, the court having jurisdiction
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	SB3444 - 29 - LRB103 38699 RLC 68836 b
1058	1058
1059	1059
1060	1060	SB3444- 30 -LRB103 38699 RLC 68836 b SB3444 - 30 - LRB103 38699 RLC 68836 b
1061	1061	SB3444 - 30 - LRB103 38699 RLC 68836 b
1062	1062	1 over the criminal matter shall dismiss the charges against
1063	1063	2 the defendant, with the leave to reinstate. In such cases
1064	1064	3 the Department of Human Services shall notify the Court
1065	1065	4 court, the State's attorney and the defense attorney upon
1066	1066	5 the discharge of the defendant. A former defendant so
1067	1067	6 committed shall be otherwise treated in the same manner as
1068	1068	7 any other civilly committed patient for all purposes
1069	1069	8 including admission, selection of the place of treatment
1070	1070	9 and the treatment modalities, entitlement to rights and
1071	1071	10 privileges, transfer, and discharge. If the defendant does
1072	1072	11 not qualify for involuntary commitment, but has expressed
1073	1073	12 a willingness to be admitted on a voluntary basis and the
1074	1074	13 facility director determines that the defendant is
1075	1075	14 clinically suitable for voluntary admission, the
1076	1076	15 Department shall so advise the Court, the State and the
1077	1077	16 defense. The Court may consider this factor in determining
1078	1078	17 whether to proceed under subparagraph (1) or (2) of
1079	1079	18 paragraph (b) of this Section. Should the Court dismiss
1080	1080	19 with prejudice the charges against the defendant, the
1081	1081	20 defendant shall then be admitted to the Department on a
1082	1082	21 voluntary basis pursuant to the Mental Health and
1083	1083	22 Developmental Disabilities Code as now or hereafter
1084	1084	23 amended. If a defendant who does not qualify for
1085	1085	24 involuntary commitment is unwilling or unsuitable for
1086	1086	25 voluntary admission, the Department shall so advise the
1087	1087	26 Court, the State and the defense. Upon receipt of such a
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093	SB3444 - 30 - LRB103 38699 RLC 68836 b
1094	1094
1095	1095
1096	1096	SB3444- 31 -LRB103 38699 RLC 68836 b SB3444 - 31 - LRB103 38699 RLC 68836 b
1097	1097	SB3444 - 31 - LRB103 38699 RLC 68836 b
1098	1098	1 notice, the Court A defendant who is not committed shall ,
1099	1099	2 within 48 hours, enter an order for the sheriff to
1100	1100	3 transport the defendant to the county jail be remanded to
1101	1101	4 the court having jurisdiction of the criminal matter for
1102	1102	5 further disposition pursuant to subsection subparagraph
1103	1103	6 (1) or (2) of paragraph (b) of this Section.
1104	1104	7 (c) Where charges have not been dismissed with prejudice,
1105	1105	8 if If the defendant is later restored to fitness and the
1106	1106	9 original charges against him are reinstated, the speedy trial
1107	1107	10 provisions of Section 103-5 shall commence to run.
1108	1108	11 (Source: P.A. 102-1118, eff. 1-18-23.)
1109	1109	12 (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
1110	1110	13 Sec. 104-24. Time Credit. Time spent in custody pursuant
1111	1111	14 to orders issued under this Article Section 104-17 or 104-20
1112	1112	15 or pursuant to a commitment to the Department of Human
1113	1113	16 Services following a finding of unfitness or incompetency
1114	1114	17 under prior law, shall be credited against any sentence
1115	1115	18 imposed on the defendant in the pending criminal case or in any
1116	1116	19 other case arising out of the same conduct. The Court shall
1117	1117	20 calculate the time credit to be applied when considering the
1118	1118	21 maximum period of time that a defendant may remain in custody.
1119	1119	22 The Department of Human Services shall not be authorized to
1120	1120	23 independently apply or calculate time credit.
1121	1121	24 (Source: P.A. 89-507, eff. 7-1-97.)
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127	SB3444 - 31 - LRB103 38699 RLC 68836 b
1128	1128
1129	1129
1130	1130	SB3444- 32 -LRB103 38699 RLC 68836 b SB3444 - 32 - LRB103 38699 RLC 68836 b
1131	1131	SB3444 - 32 - LRB103 38699 RLC 68836 b
1132	1132	1 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
1133	1133	2 Sec. 104-25. Discharge hearing.
1134	1134	3 (a) As provided for in paragraph (a) of Section 104-23 and
1135	1135	4 subparagraph (1) of paragraph (b) of Section 104-23 a hearing
1136	1136	5 to determine the sufficiency of the evidence shall be held.
1137	1137	6 Such hearing shall be conducted by the Court court without a
1138	1138	7 jury. The State and the defendant may introduce evidence
1139	1139	8 relevant to the question of defendant's guilt of the crime
1140	1140	9 charged.
1141	1141	10 The Court court may admit hearsay or affidavit evidence on
1142	1142	11 secondary matters such as testimony to establish the chain of
1143	1143	12 possession of physical evidence, laboratory reports,
1144	1144	13 authentication of transcripts taken by official reporters,
1145	1145	14 court and business records, and public documents.
1146	1146	15 (b) If the evidence presented by the State does not prove
1147	1147	16 the defendant guilty beyond a reasonable doubt, the Court
1148	1148	17 court shall enter a judgment of acquittal; however nothing
1149	1149	18 herein shall prevent the State from requesting the Court court
1150	1150	19 to commit the defendant to the Department of Human Services
1151	1151	20 under the provisions of the Mental Health and Developmental
1152	1152	21 Disabilities Code.
1153	1153	22 (c) If after considering the evidence, the defendant is
1154	1154	23 found not guilty by reason of insanity, the Court court shall
1155	1155	24 enter a judgment of acquittal and the proceedings after
1156	1156	25 acquittal by reason of insanity under Section 5-2-4 of the
1157	1157	26 Unified Code of Corrections shall apply.
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	SB3444 - 32 - LRB103 38699 RLC 68836 b
1164	1164
1165	1165
1166	1166	SB3444- 33 -LRB103 38699 RLC 68836 b SB3444 - 33 - LRB103 38699 RLC 68836 b
1167	1167	SB3444 - 33 - LRB103 38699 RLC 68836 b
1168	1168	1 (d) If the discharge hearing does not result in an
1169	1169	2 acquittal of the charge under subsection (b) or (c), the
1170	1170	3 defendant may be remanded for further treatment and the
1171	1171	4 statutory one year time limit for restoration set forth in
1172	1172	5 Section 104-23 shall be extended as follows:
1173	1173	6 (1) If the most serious charge upon which the State
1174	1174	7 sustained its burden of proof was a Class 1 or Class X
1175	1175	8 felony, the treatment period may be extended up to a
1176	1176	9 maximum treatment period of 2 years;
1177	1177	10 (1.1) If the most serious charge upon which the State
1178	1178	11 sustained its burden of proof was if a Class 2, 3, or 4
1179	1179	12 felony, the treatment period may be extended up to a
1180	1180	13 maximum of 15 months;
1181	1181	14 (2) If the State sustained its burden of proof on a
1182	1182	15 charge of first degree murder, the treatment period may be
1183	1183	16 extended up to a maximum treatment period of 5 years.
1184	1184	17 (3) Defendants facing misdemeanor charges are not
1185	1185	18 subject to extension of the treatment period unless they
1186	1186	19 are also facing felony charges on the same conduct.
1187	1187	20 (e) Transcripts of testimony taken at a discharge hearing
1188	1188	21 may be admitted in evidence at a subsequent trial of the case,
1189	1189	22 subject to the rules of evidence, if the witness who gave such
1190	1190	23 testimony is legally unavailable at the time of the subsequent
1191	1191	24 trial.
1192	1192	25 (f) If the Court court fails to enter an order of acquittal
1193	1193	26 the defendant may appeal from such judgment in the same manner
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	SB3444 - 33 - LRB103 38699 RLC 68836 b
1200	1200
1201	1201
1202	1202	SB3444- 34 -LRB103 38699 RLC 68836 b SB3444 - 34 - LRB103 38699 RLC 68836 b
1203	1203	SB3444 - 34 - LRB103 38699 RLC 68836 b
1204	1204	1 provided for an appeal from a conviction in a criminal case.
1205	1205	2 (g) At the expiration of an extended period of treatment
1206	1206	3 ordered pursuant to subsection (d) of this Section:
1207	1207	4 (1) Upon a finding that the defendant is fit or can be
1208	1208	5 rendered fit consistent with special provisions or
1209	1209	6 assistance pursuant to Section 104-22 if in custody, the
1210	1210	7 Court shall, within 48 hours, order the sheriff to return
1211	1211	8 the defendant to the County and the Court court may
1212	1212	9 otherwise proceed with trial.
1213	1213	10 (2) If the defendant continues to be unfit to stand
1214	1214	11 trial, the Court court shall determine whether the
1215	1215	12 defendant he or she is subject to involuntary admission
1216	1216	13 under the Mental Health and Developmental Disabilities
1217	1217	14 Code or constitutes a serious threat to the public safety.
1218	1218	15 If so found, the defendant shall be remanded to the
1219	1219	16 Department of Human Services for further treatment and
1220	1220	17 shall be treated in the same manner as a civilly committed
1221	1221	18 patient for all purposes, except that the defendant shall
1222	1222	19 be placed in a secure setting unless the court determines
1223	1223	20 that there are compelling reasons why such placement is
1224	1224	21 not necessary. In addition, the criminal original court
1225	1225	22 having jurisdiction over the defendant shall be required
1226	1226	23 to approve any conditional release or discharge of the
1227	1227	24 defendant, for the period of commitment equal to the
1228	1228	25 maximum sentence to which the defendant would have been
1229	1229	26 subject had the defendant he or she been convicted in the
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	SB3444 - 34 - LRB103 38699 RLC 68836 b
1236	1236
1237	1237
1238	1238	SB3444- 35 -LRB103 38699 RLC 68836 b SB3444 - 35 - LRB103 38699 RLC 68836 b
1239	1239	SB3444 - 35 - LRB103 38699 RLC 68836 b
1240	1240	1 underlying a criminal proceeding. The Court shall
1241	1241	2 calculate the maximum period of civil commitment under
1242	1242	3 this subsection and no credits may be applied against such
1243	1243	4 term other than those considered and applied by the Court.
1244	1244	5 During this period of commitment, the original court
1245	1245	6 having jurisdiction over the defendant shall hold hearings
1246	1246	7 under clause (i) of this paragraph (2). However, if the
1247	1247	8 defendant is remanded to the Department of Human Services,
1248	1248	9 the defendant shall be placed in a secure setting unless
1249	1249	10 the court determines that there are compelling reasons why
1250	1250	11 such placement is not necessary.
1251	1251	12 If the defendant does not have a current treatment
1252	1252	13 plan, then within 3 days of admission under this
1253	1253	14 subsection subdivision (g)(2), the defendant's treatment
1254	1254	15 supervisor shall submit a treatment plan to the Court, the
1255	1255	16 State, and the defense shall be prepared for each
1256	1256	17 defendant and entered into his or her record. The plan
1257	1257	18 shall include (i) an assessment of the defendant's
1258	1258	19 treatment needs, (ii) a description of the services
1259	1259	20 recommended for treatment, (iii) the goals of each type of
1260	1260	21 element of service, (iv) an anticipated timetable for the
1261	1261	22 accomplishment of the goals, and (v) a designation of the
1262	1262	23 qualified professional responsible for the implementation
1263	1263	24 of the plan. The plan shall be reviewed and updated as the
1264	1264	25 clinical condition warrants, but not less than every 30
1265	1265	26 days.
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	SB3444 - 35 - LRB103 38699 RLC 68836 b
1272	1272
1273	1273
1274	1274	SB3444- 36 -LRB103 38699 RLC 68836 b SB3444 - 36 - LRB103 38699 RLC 68836 b
1275	1275	SB3444 - 36 - LRB103 38699 RLC 68836 b
1276	1276	1 Every 90 days after the entry of an initial admission
1277	1277	2 order under this subsection subdivision (g)(2), the
1278	1278	3 defendant's treatment supervisor facility director shall
1279	1279	4 submit file a progress typed treatment plan report to the
1280	1280	5 Court, the State, and the defense with the original court
1281	1281	6 having jurisdiction over the defendant. The report shall
1282	1282	7 include an opinion as to whether the defendant is: (i) fit
1283	1283	8 to stand trial, or (ii) if not, and whether the defendant
1284	1284	9 is currently subject to involuntary admission. If so, the
1285	1285	10 treatment supervisor shall also state whether the
1286	1286	11 defendant is , in need of mental health services on an
1287	1287	12 inpatient basis, or in need of mental health services on
1288	1288	13 an outpatient basis. The report shall also summarize the
1289	1289	14 basis for those findings and provide a current summary of
1290	1290	15 the 5 items required in a treatment plan. A copy of the
1291	1291	16 report shall be forwarded to the Clerk clerk of the
1292	1292	17 Circuit Court to be filed in accordance with Section
1293	1293	18 104-19 with a copy provided to the State and the defense,
1294	1294	19 if the defendant is represented by counsel. If the report
1295	1295	20 states that the defendant is fit to stand trial, the Court
1296	1296	21 shall conduct a fitness hearing. If the defendant is found
1297	1297	22 fit, the Court shall, within 48 hours, order the County
1298	1298	23 sheriff to return the defendant to the county jail to
1299	1299	24 stand trial.
1300	1300	25 Upon request of the defendant's treatment supervisor,
1301	1301	26 the State, the defense, or on the Court's court, the State's
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307	SB3444 - 36 - LRB103 38699 RLC 68836 b
1308	1308
1309	1309
1310	1310	SB3444- 37 -LRB103 38699 RLC 68836 b SB3444 - 37 - LRB103 38699 RLC 68836 b
1311	1311	SB3444 - 37 - LRB103 38699 RLC 68836 b
1312	1312	1 Attorney, and the defendant's attorney if the defendant is
1313	1313	2 represented by counsel. The court on its own motion, it may
1314	1314	3 order a hearing to review the treatment plan. The defendant or
1315	1315	4 the State's Attorney may request a treatment plan review every
1316	1316	5 90 days and the court shall review the current treatment plan
1317	1317	6 to determine whether the plan complies with the requirements
1318	1318	7 of this Section. The Court court may also order an independent
1319	1319	8 examination of the defendant on its own initiative or at the
1320	1320	9 request of and shall order such an evaluation if either the
1321	1321	10 defense recipient or the State State's Attorney so requests
1322	1322	11 and has demonstrated to the court that the plan cannot be
1323	1323	12 effectively reviewed by the court without such an examination.
1324	1324	13 Under no circumstances shall the Court court be required to
1325	1325	14 order an independent examination pursuant to this Section.
1326	1326	15 However, if it does, it may not do so more than once each
1327	1327	16 12-month period year. The examination shall be conducted by a
1328	1328	17 psychiatrist or clinical psychologist as defined in Section
1329	1329	18 1-103 of the Mental Health and Developmental Disabilities Code
1330	1330	19 who is not in the employ of the Department of Human Services.
1331	1331	20 If, during the period within which the defendant is
1332	1332	21 confined in a secure setting, the Court court enters an
1333	1333	22 order that requires the defendant to appear, the Court
1334	1334	23 court shall timely transmit a copy of the order or writ to
1335	1335	24 the director of the hospital
1336	1336	, particular Department of
1337	1337	25 Human Services facility or program providing services to
1338	1338	26 the defendant where the defendant resides authorizing the
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344	SB3444 - 37 - LRB103 38699 RLC 68836 b
1345	1345
1346	1346
1347	1347	SB3444- 38 -LRB103 38699 RLC 68836 b SB3444 - 38 - LRB103 38699 RLC 68836 b
1348	1348	SB3444 - 38 - LRB103 38699 RLC 68836 b
1349	1349	1 transportation of the defendant to the Court court for the
1350	1350	2 purpose of the hearing.
1351	1351	3 (i) 180 days after a defendant is remanded to the
1352	1352	4 Department of Human Services, under paragraph (2) of
1353	1353	5 subsection (g) paragraph (2), and every 180 days
1354	1354	6 thereafter for so long as the defendant is confined
1355	1355	7 under the order entered thereunder, the Court court
1356	1356	8 shall set a hearing and shall direct that notice of the
1357	1357	9 time and place of the hearing be served upon the
1358	1358	10 defendant, the facility director, the State's
1359	1359	11 Attorney, and the defendant's attorney. If requested
1360	1360	12 by either the State or the defense or if the Court
1361	1361	13 court determines that it is appropriate, an impartial
1362	1362	14 examination of the defendant by a psychiatrist or
1363	1363	15 clinical psychologist as defined in Section 1-103 of
1364	1364	16 the Mental Health and Developmental Disabilities Code
1365	1365	17 who is not in the employ of the Department of Human
1366	1366	18 Services shall be ordered, and the report considered
1367	1367	19 at the time of the hearing. If the defendant is not
1368	1368	20 currently represented by counsel, the Court court
1369	1369	21 shall appoint the public defender to represent the
1370	1370	22 defendant at the hearing. The Court court shall make a
1371	1371	23 finding as to whether the defendant is: (A) subject to
1372	1372	24 involuntary admission and, if so, whether the
1373	1373	25 defendant is ; or (B) in need of mental health services
1374	1374	26 in the form of inpatient care; or (C) in need of mental
1375	1375
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380	SB3444 - 38 - LRB103 38699 RLC 68836 b
1381	1381
1382	1382
1383	1383	SB3444- 39 -LRB103 38699 RLC 68836 b SB3444 - 39 - LRB103 38699 RLC 68836 b
1384	1384	SB3444 - 39 - LRB103 38699 RLC 68836 b
1385	1385	1 health services on an outpatient basis but not subject
1386	1386	2 to involuntary admission nor inpatient care.
1387	1387	3 The findings of the Court court shall be established
1388	1388	4 by clear and convincing evidence and the burden of
1389	1389	5 proof and the burden of going forward with the
1390	1390	6 evidence shall rest with the State State's Attorney.
1391	1391	7 The Court Upon finding by the court, the court shall
1392	1392	8 enter its findings on and an appropriate order.
1393	1393	9 (ii) The terms "subject to involuntary admission",
1394	1394	10 "in need of mental health services in the form of
1395	1395	11 inpatient care" and "in need of mental health services
1396	1396	12 on an outpatient basis but not subject to involuntary
1397	1397	13 admission nor inpatient care" shall have the meanings
1398	1398	14 ascribed to them in clause (a-1) (d)(3) of Section
1399	1399	15 5-2-4 of the Unified Code of Corrections.
1400	1400	16 (3) If the defendant is not committed pursuant to this
1401	1401	17 Section, the defendant he or she shall be released.
1402	1402	18 (4) In no event may the treatment period be extended
1403	1403	19 to exceed the maximum sentence to which a defendant would
1404	1404	20 have been subject had the defendant he or she been
1405	1405	21 convicted in the a criminal proceeding on the most serious
1406	1406	22 offense. For purposes of this Section, the maximum
1407	1407	23 sentence shall be determined by Section 5-8-1 (730 ILCS
1408	1408	24 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code
1409	1409	25 of Corrections", excluding any sentence of natural life.
1410	1410	26 (5) If the treatment supervisor reports the defendant
1411	1411
1412	1412
1413	1413
1414	1414
1415	1415
1416	1416	SB3444 - 39 - LRB103 38699 RLC 68836 b
1417	1417
1418	1418
1419	1419	SB3444- 40 -LRB103 38699 RLC 68836 b SB3444 - 40 - LRB103 38699 RLC 68836 b
1420	1420	SB3444 - 40 - LRB103 38699 RLC 68836 b
1421	1421	1 as fit, the Court shall immediately, within 48 hours,
1422	1422	2 order the sheriff to return the defendant to the county
1423	1423	3 jail to stand trial, plead, or be sentenced.
1424	1424	4 (Source: P.A. 95-1052, eff. 7-1-09.)
1425	1425	5 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
1426	1426	6 Sec. 104-26. Disposition of Defendants suffering
1427	1427	7 disabilities.
1428	1428	8 (a) A defendant convicted following a trial conducted
1429	1429	9 under the provisions of Section 104-22 shall not be sentenced
1430	1430	10 before a written presentence report of investigation is
1431	1431	11 presented to and considered by the Court court. The
1432	1432	12 presentence report shall be prepared pursuant to Sections
1433	1433	13 5-3-2, 5-3-3 and 5-3-4 of the Unified Code of Corrections, as
1434	1434	14 now or hereafter amended, and shall include a physical and
1435	1435	15 mental examination unless the Court court finds that the
1436	1436	16 reports of prior physical and mental examinations conducted
1437	1437	17 pursuant to this Article are adequate and recent enough so
1438	1438	18 that additional examinations would be unnecessary.
1439	1439	19 (b) (Blank).
1440	1440	20 (c) A defendant convicted following a trial under Section
1441	1441	21 104-22 shall be sentenced according to the procedures and
1442	1442	22 dispositions authorized under the Unified Code of Corrections,
1443	1443	23 as now or hereafter amended, subject to the following
1444	1444	24 provisions:
1445	1445	25 (1) The Court court shall not impose a sentence of
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450
1451	1451	SB3444 - 40 - LRB103 38699 RLC 68836 b
1452	1452
1453	1453
1454	1454	SB3444- 41 -LRB103 38699 RLC 68836 b SB3444 - 41 - LRB103 38699 RLC 68836 b
1455	1455	SB3444 - 41 - LRB103 38699 RLC 68836 b
1456	1456	1 imprisonment upon the offender if the Court court believes
1457	1457	2 that because of his disability a sentence of imprisonment
1458	1458	3 would not serve the ends of justice and the interests of
1459	1459	4 society and the offender or that because of a his
1460	1460	5 disability, a sentence of imprisonment would subject the
1461	1461	6 offender to excessive hardship. In addition to any other
1462	1462	7 conditions of a sentence of conditional discharge or
1463	1463	8 probation, the Court court may require that the offender
1464	1464	9 undergo treatment appropriate for the defendant's to his
1465	1465	10 mental or physical condition.
1466	1466	11 (2) (Blank). After imposing a sentence of imprisonment
1467	1467	12 upon an offender who has a mental disability, the court
1468	1468	13 may remand him to the custody of the Department of Human
1469	1469	14 Services and order a hearing to be conducted pursuant to
1470	1470	15 the provisions of the Mental Health and Developmental
1471	1471	16 Disabilities Code, as now or hereafter amended. If the
1472	1472	17 offender is committed following such hearing, he shall be
1473	1473	18 treated in the same manner as any other civilly committed
1474	1474	19 patient for all purposes except as provided in this
1475	1475	20 Section. If the defendant is not committed pursuant to
1476	1476	21 such hearing, he shall be remanded to the sentencing court
1477	1477	22 for disposition according to the sentence imposed.
1478	1478	23 (3) If the Court court imposes a sentence of
1479	1479	24 imprisonment upon an offender who has a mental disability
1480	1480	25 but does not proceed under subparagraph (2) of paragraph
1481	1481	26 (c) of this Section, it shall order the Department of
1482	1482
1483	1483
1484	1484
1485	1485
1486	1486
1487	1487	SB3444 - 41 - LRB103 38699 RLC 68836 b
1488	1488
1489	1489
1490	1490	SB3444- 42 -LRB103 38699 RLC 68836 b SB3444 - 42 - LRB103 38699 RLC 68836 b
1491	1491	SB3444 - 42 - LRB103 38699 RLC 68836 b
1492	1492	1 Corrections to proceed pursuant to Section 3-8-5 of the
1493	1493	2 Unified Code of Corrections, as now or hereafter amended.
1494	1494	3 (3.5) If the Court court imposes a sentence of
1495	1495	4 imprisonment upon an offender who has a mental disability,
1496	1496	5 it the court shall direct the Clerk of the Circuit Court
1497	1497	6 circuit court clerk to immediately notify the Illinois
1498	1498	7 State Police, Firearm Owner's Identification (FOID)
1499	1499	8 Office, in a form and manner prescribed by the Illinois
1500	1500	9 State Police and shall forward a copy of the court order to
1501	1501	10 the Department.
1502	1502	11 (4) If the Court court imposes a sentence of
1503	1503	12 imprisonment upon an offender who has a physical
1504	1504	13 disability, it may authorize the Department of Corrections
1505	1505	14 to place the offender in a public or private facility
1506	1506	15 which is able to provide care or treatment for the
1507	1507	16 offender's disability and which agrees to do so.
1508	1508	17 (5) When an offender is placed with the Department of
1509	1509	18 Human Services or another facility pursuant to
1510	1510	19 subparagraph (2) or (4) of this paragraph (c), the public
1511	1511	20 or Department or private facility shall not discharge or
1512	1512	21 allow the offender to be at large in the community without
1513	1513	22 prior approval of the Court court. If the defendant is
1514	1514	23 placed in the custody of the Department of Human Services,
1515	1515	24 the defendant shall be placed in a secure setting unless
1516	1516	25 the court determines that there are compelling reasons why
1517	1517	26 such placement is not necessary. The offender shall accrue
1518	1518
1519	1519
1520	1520
1521	1521
1522	1522
1523	1523	SB3444 - 42 - LRB103 38699 RLC 68836 b
1524	1524
1525	1525
1526	1526	SB3444- 43 -LRB103 38699 RLC 68836 b SB3444 - 43 - LRB103 38699 RLC 68836 b
1527	1527	SB3444 - 43 - LRB103 38699 RLC 68836 b
1528	1528	1 all good time credits as determined by the Court while in
1529	1529	2 the custody of the public or private facility and shall be
1530	1530	3 eligible for parole in the same manner as if the offender
1531	1531	4 he were serving the defendant's his sentence within the
1532	1532	5 Department of Corrections. If the sentence has not yet
1533	1533	6 expired when When the offender no longer requires
1534	1534	7 hospitalization, care, or treatment, the public or private
1535	1535	8 Department of Human Services or the facility shall
1536	1536	9 transfer the offender him, if his sentence has not
1537	1537	10 expired, to the Department of Corrections. If an offender
1538	1538	11 is transferred to the Department of Corrections, the
1539	1539	12 facility Department of Human Services shall transfer to
1540	1540	13 the Department of Corrections all related records
1541	1541	14 pertaining to length of custody and treatment services
1542	1542	15 provided during the time the offender was held.
1543	1543	16 (6) The Department of Corrections shall notify the
1544	1544	17 public or private Department of Human Services or a
1545	1545	18 facility in which an offender has been placed pursuant to
1546	1546	19 subparagraph (2) or (4) of paragraph (c) of this Section
1547	1547	20 of the expiration of the his sentence. Thereafter, an
1548	1548	21 offender so placed in the Department of Human Services
1549	1549	22 shall continue to be treated pursuant to the defendant's
1550	1550	23 his commitment order and shall be considered a civilly
1551	1551	24 committed patient for all purposes including discharge. An
1552	1552	25 offender who is in a facility pursuant to subparagraph (4)
1553	1553	26 of paragraph (c) of this Section shall be informed by the
1554	1554
1555	1555
1556	1556
1557	1557
1558	1558
1559	1559	SB3444 - 43 - LRB103 38699 RLC 68836 b
1560	1560
1561	1561
1562	1562	SB3444- 44 -LRB103 38699 RLC 68836 b SB3444 - 44 - LRB103 38699 RLC 68836 b
1563	1563	SB3444 - 44 - LRB103 38699 RLC 68836 b
1564	1564	1 facility of the expiration of his sentence, and shall
1565	1565	2 either consent to the continuation of the defendant's his
1566	1566	3 care or treatment by the facility, or shall be discharged.
1567	1567	4 (Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
1568	1568	5 (725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
1569	1569	6 Sec. 104-30. Notice to Law Enforcement Agencies Regarding
1570	1570	7 Release of Defendants.
1571	1571	8 (a) Prior to the release by the Department of Human
1572	1572	9 Services of any person admitted pursuant to any provision of
1573	1573	10 this Article, the Department of Human Services shall give
1574	1574	11 written notice to the Sheriff of the county from which the
1575	1575	12 defendant was admitted. In cases where the arrest of the
1576	1576	13 defendant or the commission of the offense took place in any
1577	1577	14 municipality with a population of more than 25,000 persons,
1578	1578	15 the Department of Human Services shall also give written
1579	1579	16 notice to the proper law enforcement agency for said
1580	1580	17 municipality, provided the municipality has requested such
1581	1581	18 notice in writing.
1582	1582	19 (b) Where a defendant in the custody of the Department of
1583	1583	20 Human Services under any provision of this Article is released
1584	1584	21 pursuant to an order of court, the Clerk clerk of the Circuit
1585	1585	22 Court circuit court shall, after the entry of the order,
1586	1586	23 transmit a certified copy of the order of release to the
1587	1587	24 Department of Human Services and the Sheriff of the county
1588	1588	25 from which the defendant was admitted. In cases where the
1589	1589
1590	1590
1591	1591
1592	1592
1593	1593
1594	1594	SB3444 - 44 - LRB103 38699 RLC 68836 b
1595	1595
1596	1596
1597	1597	SB3444- 45 -LRB103 38699 RLC 68836 b SB3444 - 45 - LRB103 38699 RLC 68836 b
1598	1598	SB3444 - 45 - LRB103 38699 RLC 68836 b
1599	1599	1 arrest of the defendant or the commission of the offense took
1600	1600	2 place in any municipality with a population of more than
1601	1601	3 25,000 persons, the Clerk of the Circuit Court circuit court
1602	1602	4 shall also send a certified copy of the order of release to the
1603	1603	5 proper law enforcement agency for said municipality provided
1604	1604	6 the municipality has requested such notice in writing.
1605	1605	7 (Source: P.A. 89-507, eff. 7-1-97.)
1606	1606	8 (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
1607	1607	9 Sec. 104-31. No defendant placed in a setting of the
1608	1608	10 Department of Human Services pursuant to the provisions of
1609	1609	11 Sections 104-17, 104-25, or 104-26 shall be permitted outside
1610	1610	12 the facility's housing unit unless escorted or accompanied by
1611	1611	13 personnel of the Department of Human Services or authorized by
1612	1612	14 court order. Any defendant, transported to court hearings or
1613	1613	15 other necessary appointments off facility grounds by personnel
1614	1614	16 of the Department of Human Services, may be placed in security
1615	1615	17 devices or otherwise secured during the period of
1616	1616	18 transportation to assure secure transport of the defendant and
1617	1617	19 the safety of Department of Human Services personnel and
1618	1618	20 others. These security measures shall not constitute restraint
1619	1619	21 as defined in the Mental Health and Developmental Disabilities
1620	1620	22 Code. Nor shall any defendant be permitted any off-grounds
1621	1621	23 privileges, either with or without escort by personnel of the
1622	1622	24 Department of Human Services or any unsupervised on-ground
1623	1623	25 privileges, unless such off-grounds or unsupervised on-grounds
1624	1624
1625	1625
1626	1626
1627	1627
1628	1628
1629	1629	SB3444 - 45 - LRB103 38699 RLC 68836 b
1630	1630
1631	1631
1632	1632	SB3444- 46 -LRB103 38699 RLC 68836 b SB3444 - 46 - LRB103 38699 RLC 68836 b
1633	1633	SB3444 - 46 - LRB103 38699 RLC 68836 b
1634	1634	1 privileges have been approved by specific court order, which
1635	1635	2 order may include such conditions on the defendant as the
1636	1636	3 court may deem appropriate and necessary to reasonably assure
1637	1637	4 the defendant's satisfactory progress in treatment and the
1638	1638	5 safety of the defendant or others. Whenever the Court court
1639	1639	6 receives a report from the supervisor of the defendant's
1640	1640	7 treatment recommending the defendant for any off-grounds or
1641	1641	8 unsupervised on-grounds privileges, the Court court shall set
1642	1642	9 the matter for a first hearing within 21 days unless good cause
1643	1643	10 is demonstrated why the hearing cannot be held. The changes
1644	1644	11 made to this Section by this amendatory Act of the 96th General
1645	1645	12 Assembly are declarative of existing law and shall not be
1646	1646	13 construed as a new enactment.
1647	1647	14 (Source: P.A. 98-1025, eff. 8-22-14.)
1648	1648	15 (725 ILCS 5/104-27 rep.)
1649	1649	16 (725 ILCS 5/104-28 rep.)
1650	1650	17 Section 10. The Code of Criminal Procedure of 1963 is
1651	1651	18 amended by repealing Sections 104-27 and 104-28.
1652	1652	SB3444- 47 -LRB103 38699 RLC 68836 b 1 INDEX 2 Statutes amended in order of appearance SB3444- 47 -LRB103 38699 RLC 68836 b SB3444 - 47 - LRB103 38699 RLC 68836 b 1 INDEX 2 Statutes amended in order of appearance
1653	1653	SB3444- 47 -LRB103 38699 RLC 68836 b SB3444 - 47 - LRB103 38699 RLC 68836 b
1654	1654	SB3444 - 47 - LRB103 38699 RLC 68836 b
1655	1655	1 INDEX
1656	1656	2 Statutes amended in order of appearance
1657	1657
1658	1658
1659	1659
1660	1660
1661	1661
1662	1662	SB3444 - 46 - LRB103 38699 RLC 68836 b
1663	1663
1664	1664
1665	1665
1666	1666	SB3444- 47 -LRB103 38699 RLC 68836 b SB3444 - 47 - LRB103 38699 RLC 68836 b
1667	1667	SB3444 - 47 - LRB103 38699 RLC 68836 b
1668	1668	1 INDEX
1669	1669	2 Statutes amended in order of appearance
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674
1675	1675	SB3444 - 47 - LRB103 38699 RLC 68836 b