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
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
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
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A BILL FOR
SB3444LRB103 38699 RLC 68836 b SB3444 LRB103 38699 RLC 68836 b
SB3444 LRB103 38699 RLC 68836 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 104-10, 104-11, 104-12, 104-13,
6 104-14, 104-15, 104-16, 104-17, 104-18, 104-19, 104-20,
7 104-21, 104-22, 104-23, 104-24, 104-25, 104-26, 104-27,
8 104-28, 104-29, 104-30, and 104-31 and by adding Section
9 102-24 as follows:
10 (725 ILCS 5/102-24 new)
11 Sec. 102-24. Treatment supervisor, supervisor of the
12 defendant's treatment, person supervising the defendant's
13 treatment, or qualified professional. "Treatment supervisor",
14 "supervisor of the defendant's treatment", "person supervising
15 the defendant's treatment", or "qualified professional" as
16 referenced in Article 104 means the person in charge of
17 overseeing fitness restoration for the defendant and may be a
18 physician, physician assistant, psychiatrist, clinical
19 psychologist, nurse practitioner, licensed clinical social
20 worker, or nurse who is working under the supervision of a
21 properly licensed physician, psychiatrist, or clinical
22 psychologist.
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
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
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A BILL FOR
See Index
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1 (725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
2 Sec. 104-10. Presumption of Fitness; Fitness Standard.) A
3 defendant is presumed to be fit to stand trial or to plead, and
4 be sentenced. A defendant is unfit if, because of the
5 defendant's his mental or physical condition, the defendant he
6 is unable to either understand the nature and purpose of the
7 proceedings against the defendant him or to meaningfully
8 assist in the defendant's his defense.
9 (Source: P.A. 81-1217.)
10 (725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
11 Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a)
12 The issue of the defendant's fitness for trial, to plead, or to
13 be sentenced may be raised by the defense, the State or the
14 Court at any appropriate time before a plea is entered or
15 before, during, or after trial. When a bonafide doubt of the
16 defendant's fitness is raised, the Court court shall order a
17 determination of the issue by the county's expert before
18 proceeding further.
19 However, no order entered pursuant to this subsection
20 shall prevent further proceedings in the case. An expert so
21 appointed shall examine the defendant and make a report as
22 provided in Section 104-15. Upon the filing with the Court of a
23 verified statement of services rendered, the Court shall enter
24 an order directed to the county board to pay such expert a
25 reasonable fee as stated in the order.
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1 (b) (Blank). Upon request of the defendant that a
2 qualified expert be appointed to examine him or her to
3 determine prior to trial if a bonafide doubt as to his or her
4 fitness to stand trial may be raised, the court, in its
5 discretion, may order an appropriate examination. However, no
6 order entered pursuant to this subsection shall prevent
7 further proceedings in the case. An expert so appointed shall
8 examine the defendant and make a report as provided in Section
9 104-15. Upon the filing with the court of a verified statement
10 of services rendered, the court shall enter an order on the
11 county board to pay such expert a reasonable fee stated in the
12 order.
13 (c) When a bonafide doubt of the defendant's fitness has
14 been raised, the burden of proving that the defendant is fit by
15 a preponderance of the evidence and the burden of going
16 forward with the evidence are on the State. However, the Court
17 court may call its own witnesses and conduct its own inquiry.
18 (d) Following a finding of unfitness, the Court court may
19 hear and rule on any pretrial motion or motions if the
20 defendant's presence is not essential to a fair determination
21 of the issues. A motion may be reheard upon a showing that
22 evidence is available which was not previously available, due
23 to the defendant's unfitness, when the motion was first
24 decided.
25 (Source: P.A. 81-1217.)
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1 (725 ILCS 5/104-12) (from Ch. 38, par. 104-12)
2 Sec. 104-12. Right to Jury.) The issue of the defendant's
3 fitness may be determined in the first instance by the Court
4 court or by a jury. The defense or the State may demand a jury
5 or the Court court on its own motion may order a jury. However,
6 when the issue is raised after trial has begun or after
7 conviction but before sentencing, or when the issue is to be
8 redetermined under Section 104-20 or 104-27, the issue shall
9 be determined by the Court court.
10 (Source: P.A. 81-1217.)
11 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
12 Sec. 104-13. Fitness examination.
13 (a) When the issue of fitness involves the defendant's
14 mental condition, the Court court shall order an examination
15 of the defendant by one or more licensed physicians, clinical
16 psychologists, or psychiatrists chosen by the Court court. No
17 physician, or other person clinical psychologist or
18 psychiatrist employed by the Department of Human Services
19 shall be ordered to perform, in the person's his official
20 capacity, an examination under this subsection Section.
21 (b) If the issue of fitness involves the defendant's
22 physical condition, the Court court shall appoint one or more
23 physicians and in addition, such other experts as it may deem
24 appropriate to examine the defendant and to report to the
25 Court court regarding the defendant's condition. No physician
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1 or other person employed by the Department of Human Services
2 shall be ordered to perform, in the person's official
3 capacity, an examination under this subsection.
4 (c) An initial fitness examination ordered under this
5 Section shall be given at the place designated by the person
6 who will conduct the examination, except that if the defendant
7 is being held in custody, the examination shall take place at
8 such location as the Court court directs. No examinations
9 under this Section shall be ordered to take place at mental
10 health or developmental disabilities facilities operated by
11 the Department of Human Services. If the defendant fails to
12 keep appointments without reasonable cause or if the county
13 expert person conducting the examination reports to the Court
14 court that diagnosis requires hospitalization or extended
15 observation, the Court court may order the defendant admitted
16 to an appropriate facility for an examination, other than an
17 initial fitness examination or placement a screening
18 examination, for not more than 7 days. The Court court may,
19 upon a showing of good cause, grant an additional 7 days to
20 complete the examination and submit a diagnosis to the Court.
21 (d) Release on pretrial release or on recognizance shall
22 not be revoked and an application therefor shall not be denied
23 on the grounds that an examination has been ordered, unless
24 the Court has determined that the defendant must remain in
25 custody for the defendant's own safety or the safety of
26 others.
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1 (e) Upon request by the defense and if the defendant is
2 indigent, the Court court may appoint, in addition to the
3 expert or experts chosen pursuant to subsection (a) of this
4 Section, a qualified expert selected by the defendant to
5 examine him and to make a report as provided in Section 104-15.
6 Upon the filing with the Court court of a verified statement of
7 services rendered, the Court court shall enter an order on the
8 county board to pay such expert a reasonable fee stated in the
9 order.
10 (Source: P.A. 101-652, eff. 1-1-23.)
11 (725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
12 Sec. 104-14. Use of Statements Made During Examination or
13 Treatment.) (a) Statements made by the defendant and
14 information gathered in the course of any examination or
15 treatment ordered under Section 104-13, 104-17 or 104-20 shall
16 not be admissible against the defendant unless the defendant
17 he raises the defense of insanity or the defense of drugged or
18 intoxicated condition, in which case they shall be admissible
19 only on the issue of whether the defendant he was insane,
20 drugged, or intoxicated. The refusal of the defendant to
21 cooperate in such examinations shall not preclude the raising
22 of the aforesaid defenses but shall preclude the defendant
23 from offering expert evidence or testimony tending to support
24 such defenses if the expert evidence or testimony is based
25 upon the expert's examination of the defendant.
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1 (b) Except as provided in paragraph (a) of this Section,
2 no statement made by the defendant in the course of any
3 examination or treatment ordered under Section 104-13, 104-17
4 or 104-20, which relates to the crime charged or to other
5 criminal acts, shall be disclosed by persons conducting the
6 examination or rendering the treatment, except to members of
7 the examining or treating team. The defendant, however, may
8 consent to the release of such information if the defendant is
9 competent to do so. , without the informed written consent of
10 the defendant, who is competent at the time of giving such
11 consent.
12 (c) The Court court shall advise the defendant of the
13 limitations on the use of any statements made or information
14 gathered in the course of the fitness examination or
15 subsequent treatment as provided in this Section. It shall
16 also advise the defendant him that the defendant he may refuse
17 to cooperate with the person conducting the examination, but
18 that such his refusal may be admitted admissible into evidence
19 on the issue of the defendant's his mental or physical
20 condition.
21 (Source: P.A. 81-1217.)
22 (725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
23 Sec. 104-15. Initial Fitness Report.
24 (a) The person or persons conducting an initial fitness
25 examination of the defendant, pursuant to paragraph (a) or (b)
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1 of Section 104-13 shall submit a written report to the Court
2 court, the State, and the defense within 30 days of the date of
3 the order. The report shall include:
4 (1) A diagnosis and an explanation as to how it was
5 reached and the facts upon which it is based;
6 (2) A description of the defendant's mental or
7 physical disability, if any; its severity; and an opinion
8 as to whether and to what extent it impairs the
9 defendant's ability to understand the nature and purpose
10 of the proceedings against them him or to meaningfully
11 assist in his defense, or both.
12 (b) If the report indicates that the defendant is not fit
13 to stand trial or to plead because of a disability, the report
14 shall include an opinion as to the likelihood of the defendant
15 attaining fitness within the statutory a period of time from
16 the date of the finding of unfitness if provided with a course
17 of treatment. For a defendant charged with a felony, the
18 period of time shall be one year. For a defendant charged with
19 a Class A or Class B misdemeanor, the period of time shall be
20 no longer than the maximum term of imprisonment for the most
21 serious offense. Defendants charged with Class C misdemeanors,
22 petty offenses, infraction of a municipal ordinance, or
23 violation of the Illinois Vehicle Code are not eligible for
24 fitness restoration services, unless the penalty therefore may
25 include incarceration for a period of 180 days or longer. If
26 the person or persons preparing the initial fitness report are
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1 unable to form such an opinion, the report shall state the
2 reasons therefor. The report shall may include a general
3 description of the type of treatment needed and of the least
4 physically restrictive form of treatment therapeutically
5 appropriate.If the most serious charge facing the defendant is
6 a misdemeanor and inpatient treatment is recommended, the
7 report shall state reasons why outpatient treatment is not
8 appropriate.
9 (c) The initial fitness report shall indicate what
10 information, if any, contained therein may be harmful to the
11 mental condition of the defendant if made known to the
12 defendant and the Court may determine if the defendant is
13 restricted from receiving the report. him.
14 (d) In addition to the report, a person retained or
15 appointed by the Court State or the defense to conduct an
16 initial fitness examination under Section 13 shall, upon
17 written request, make the defendant's his or her notes, other
18 evaluations reviewed or relied uponby the testifying witness,
19 and any videotaped interviews available to another examiner of
20 the defendant. All forensic interviews conducted by a person
21 retained or appointed by the Court State or the defense shall
22 be videotaped unless doing so would be impractical. In the
23 event that the interview is not videotaped, the examiner may
24 still testify as to the person's fitness and the Court court
25 may only consider the lack of compliance in according the
26 weight and not the admissibility of the expert testimony. An
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1 examiner may use these materials as part of the defendant's
2 his or her diagnosis and explanation but shall not otherwise
3 disclose the contents, including at a hearing before the Court
4 court, except as otherwise provided in Section 104-14 of this
5 Code.
6 (Source: P.A. 100-424, eff. 1-1-18.)
7 (725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
8 Sec. 104-16. Fitness Hearing.) (a) The Court court
9 shall conduct a hearing to determine the issue of the
10 defendant's fitness within 45 days of receipt of the final
11 written report of the person or persons conducting the
12 examination or upon conclusion of the matter then pending
13 before it, subject to continuances allowed pursuant to Section
14 114-4 of this Act.
15 (b) Subject to the rules of evidence, matters admissible
16 on the issue of the defendant's fitness include, but are not
17 limited to, the following:
18 (1) The defendant's knowledge and understanding of the
19 charge, the proceedings, the consequences of a plea, judgment
20 or sentence, and the functions of the participants in the
21 trial process;
22 (2) The defendant's ability to observe, recollect and
23 relate occurrences, especially those concerning the incidents
24 alleged, and to effectively communicate with counsel;
25 (3) The defendant's social behavior and abilities;
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1 orientation as to time and place; recognition of persons,
2 places and things; and performance of motor processes.
3 (c) The defendant has the right to be present at every
4 hearing on the issue of his fitness. The defendant's presence
5 may be waived only if there is filed with the Court court a
6 certificate stating that the defendant is physically unable to
7 be present due to a disability and the reasons therefor. The
8 certificate shall be signed by a licensed physician, physician
9 assistant, or nurse practitioner who, within 7 days, has
10 examined the defendant. A disability is a mental or physical
11 condition that, in the opinion of a physician, physician
12 assistant, or nurse practitioner, prevents the defendant from
13 safely attending a hearing in person. The defendant's mere
14 refusal to attend a hearing shall not by itself constitute a
15 disability.
16 (d) On the basis of the evidence before it, the Court court
17 or jury shall determine whether the defendant is fit to stand
18 trial, or to plead or to be sentenced. If it finds that the
19 defendant is unfit, the Court court or the jury shall
20 determine whether there is substantial probability that the
21 defendant, if provided with a course of treatment, will attain
22 fitness within one year, except where the defendant is facing
23 either a Class A or B Misdemeanors, in which case the period of
24 time shall be no longer than the maximum for the most serious
25 offense. If the court or the jury finds that there is not a
26 substantial probability, the court shall proceed as provided
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1 in Section 104-23. If such probability is found or if the Court
2 court or the jury is unable to determine whether a substantial
3 probability exists, the Court court shall order the defendant
4 to undergo treatment for the purpose of rendering them him
5 fit. In the event that a defendant is ordered to undergo
6 treatment with when there has been no initial determination as
7 to the probability of his attaining fitness within the
8 statutory timeframe, the Court court shall conduct a hearing
9 as soon as possible following the receipt of the treatment
10 supervisor's report filed pursuant to subsection (g) paragraph
11 (d) of Section 104-17, unless the hearing is waived by the
12 defense, and shall make a determination as to whether a
13 substantial probability of attaining fitness within the
14 statutory timeframe exists. If the Court or the jury finds
15 that there is not a substantial probability that the defendant
16 may be rendered fit within the statutory limitations, the
17 Court shall proceed as provided in Section 104-23.
18 (e) An order finding the defendant unfit is a final order
19 for purposes of appeal by the State or the defendant.
20 (Source: P.A. 81-1217.)
21 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
22 Sec. 104-17. Commitment for treatment; treatment plan.
23 (a) If the defendant is eligible to be or has been released
24 on pretrial release or on the defendant's his own
25 recognizance, the Court court shall select the least
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1 physically restrictive form of treatment therapeutically
2 appropriate and consistent with the safety of the defendant or
3 the safety of others. treatment plan. The treatment placement
4 may be ordered on either on an inpatient or an outpatient
5 basis.
6 (b) If the defendant defendant's is unfit due to mental
7 illness or developmental disability as identified in the
8 Mental Health and Developmental Disabilities Code disability is
9 mental, the Court court may order them into the him placed for
10 secure treatment in the custody of the Department of Human
11 Services. , or The Court the court may also order the defendant
12 to be him placed in the custody of any other appropriate public
13 or private mental health facility or treatment program which
14 has agreed to provide treatment to the defendant. If the
15 defendant is remanded to the custody of the Department of
16 Human Services for inpatient services, the defendant shall be
17 placed in a secure setting. During the period of time required
18 to determine bed and placement availability at the designated
19 facility, the defendant shall remain in jail and the pretrial
20 release provisions of Section 110-2 do not apply. If the most
21 serious charge faced by the defendant is a Class A or Class B
22 misdemeanor, the Court court shall order outpatient treatment,
23 unless the Court court finds good cause on the record to order
24 secure, inpatient treatment. If the Court court orders the
25 defendant to inpatient treatment in the custody of the
26 Department of Human Services, the Department shall conduct a
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1 placement screening evaluate the defendant to determine the
2 most appropriate placement option for secure facility to
3 receive the defendant and, within 20 days of the successful
4 transmittal by the Clerk of Circuit Court clerk of the circuit
5 court of the Court's court's placement order, if inpatient
6 treatment is most appropriate, notify the Court court of the
7 designated secure facility to receive the defendant. In such
8 case, the The Department shall admit the defendant to a secure
9 facility within 60 days of the transmittal of the Court's
10 remand court's placement order, unless the Department can
11 demonstrate good faith efforts at placement and a lack of bed
12 and placement availability. If placement cannot be made within
13 60 days of successful the transmittal of the Court's remand
14 court's placement order and the Department has demonstrated
15 good faith efforts at placement and a lack of bed and placement
16 availability, the Department shall provide the Court with an
17 update and shall continue an update to update the ordering
18 Court court every 30 days thereafter until the defendant is
19 placed. Once bed and placement availability is determined, the
20 Department shall notify the sheriff who shall promptly
21 transport the defendant to the designated facility. If the
22 defendant is placed in the custody of the Department of Human
23 Services, the defendant shall be placed in a secure setting.
24 During the period of time required to determine bed and
25 placement availability at the designated facility, the
26 defendant shall remain in jail. If during the course of
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1 screening evaluating the defendant for placement, the
2 Department of Human Services determines that the defendant is
3 currently fit to stand trial, suitable for outpatient
4 treatment, or unfit without a substantial probability of being
5 rendered fit within the statutory timeframe, it shall
6 immediately notify the Court court and shall submit a written
7 report within 7 days. In any of those circumstances that
8 circumstance the placement shall be held pending a Court court
9 hearing on the Department's report. Otherwise, upon completion
10 of the placement process, including identifying bed and
11 placement availability, the sheriff shall be notified and
12 shall transport the defendant to the designated facility. If,
13 within 60 days of the successful transmittal by the Clerk
14 clerk of the Circuit Court circuit court of the Court's remand
15 court's placement order, the Department has not provided the
16 Court fails to provide the sheriff with notice of bed and
17 placement availability at the designated facility, the sheriff
18 shall contact the Department to inquire about when a placement
19 will become available at the designated facility as well as
20 bed and placement availability at other secure facilities. The
21 Department shall respond to the sheriff within 2 business days
22 of the notice and inquiry by the sheriff seeking the transfer
23 and the Department shall provide the sheriff with the status
24 of the placement screening, currently designated facility
25 evaluation, information on bed and placement availability, and
26 an estimated date of admission for the defendant, and any
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1 changes to the that estimated date of admission. If the
2 Department notifies the sheriff during the 2 business day
3 period of an alternate secure a facility operated by the
4 Department with current placement availability, the sheriff
5 shall promptly transport the defendant to that facility. The
6 placement may be ordered either on an inpatient or an
7 outpatient basis.
8 (c) If the defendant's disability is physical, the Court
9 court may order placement at a medical hospital or other
10 residential care facility or program that has agreed to
11 provide treatment to the defendant. Only such physical
12 conditions that may be overcome by special assistance or
13 provisions as referenced in Section 104-22 qualify as physical
14 disabilities under this subsection. him placed under the
15 supervision of the Department of Human Services which shall
16 place and maintain the defendant in a suitable treatment
17 facility or program, or the court may order him placed in an
18 appropriate public or private facility or treatment program
19 which has agreed to provide treatment to the defendant. The
20 placement may be ordered either on an inpatient or an
21 outpatient basis.
22 (d) If the defendant with mental disabilities is ordered
23 to outpatient treatment, the defendant shall be released from
24 custody with instructions to contact the Department of Human
25 Services to schedule the receipt of restoration services in
26 the community. A defendant who either fails to arrange for the
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1 receipt of community restoration services or whom the
2 Department reports has failed to comply in any other respect
3 with the outpatient treatment order shall be remanded to the
4 Department pursuant to subsection (b) hereof to receive
5 inpatient services at a secure facility designated by the
6 Department.
7 (e) If the defendant is unfit due to a traumatic brain
8 injury or organic brain disease such as Alzheimer's or
9 dementia, or any other condition other than one treatable as a
10 mental illness or developmental disability, the Court may
11 order the defendant placed in a suitable public or private
12 treatment facility or program that has agreed to provide
13 treatment to the defendant. No person who has not been
14 determined to be unfit due to a condition identified in this
15 subsection (e) may be placed in a facility operated by the
16 Department of Human Services.
17 (f) (d) The Clerk clerk of the Circuit Court circuit court
18 shall within 5 days of the entry of the order transmit to the
19 Department, hospital, facility, agency or program institution,
20 if any, to which the defendant is remanded for treatment, the
21 following:
22 (1) a certified copy of the order to undergo
23 treatment. Accompanying the certified copy of the order to
24 undergo treatment shall be the complete copy of any
25 initial fitness report prepared under Section 104-15 of
26 this Code or other report prepared by a forensic examiner
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1 for the court;
2 (2) the county and municipality in which the offense
3 was committed;
4 (3) the county and municipality in which the arrest
5 took place;
6 (4) a copy of the arrest report, criminal charges,
7 arrest record; and
8 (5) all additional matters which the Court directs the
9 Clerk clerk to transmit.
10 (g) (e) Within 30 days of admission to the hospital,
11 facility or program designated under this Section facility,
12 the person supervising the defendant's treatment shall file
13 with the Court court, the State, and the defense a report
14 assessing the hospital's, facility's or program's capacity to
15 provide appropriate treatment for the defendant and indicating
16 an his opinion as to the probability of the defendant's
17 attaining fitness within a period of time from the date of the
18 finding of unfitness. For a defendant charged with a felony,
19 the period of time shall be one year. For a defendant charged
20 with a Class A or Class B misdemeanor, the period of time shall
21 be no longer than the sentence if convicted of the most serious
22 offense. Defendants charged with Class C misdemeanors, petty
23 offenses, infraction of a municipal ordinance, or violation of
24 the Illinois Vehicle Code are not eligible for fitness
25 restoration services, unless the statutory penalty therefor
26 may include a sentence for a period of 180 days or longer. If
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1 the report indicates that there is a substantial probability
2 that the defendant will attain fitness within the statutory
3 time period, the treatment supervisor shall also file a
4 treatment plan which shall include:
5 (1) A diagnosis of the defendant's disability;
6 (2) A description of treatment goals with respect to
7 rendering the defendant fit, a specification of the
8 proposed treatment modalities, and an estimated timetable
9 for attainment of the goals;
10 (3) An identification of the person in charge of
11 supervising the defendant's treatment.
12 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
13 (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
14 Sec. 104-18. Progress reports.
15 (a) The treatment supervisor shall submit a written
16 progress report to the Court court, the State, and the
17 defense:
18 (1) At least 7 days prior to the date for any hearing
19 on the issue of the defendant's fitness;
20 (2) Whenever he believes that the defendant has
21 attained fitness, provided the treatment supervisor has
22 been notified by the Court of such date sufficiently in
23 advance;
24 (3) Whenever there is an opinion by the treatment
25 supervisor he believes that there is not a substantial
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1 probability that the defendant will attain fitness, with
2 treatment, within the statutory time period set in
3 subsection (e) of Section 104-17 of this Code from the
4 date of the original finding of unfitness.
5 (b) The progress report shall contain:
6 (1) The clinical findings of the treatment supervisor
7 and the facts upon which the findings are based;
8 (2) The opinion of the treatment supervisor as to
9 whether the defendant has attained fitness, or as to
10 whether the defendant is making progress, under treatment,
11 toward attaining fitness within the statutory time period
12 set in subsection (e) of Section 104-17 of this Code from
13 the date of the original finding of unfitness, or there is
14 not a substantially probability that the defendant will
15 attain fitness within the statutory time period;
16 (3) If the defendant is receiving medication,
17 information from the prescribing physician indicating the
18 type, the dosage and the effect of the medication on the
19 defendant's appearance, actions and demeanor.
20 (c) Whenever the Court court is sent a report from the
21 supervisor of the defendant's treatment under either paragraph
22 (2) or (3) of subsection (a) of this Section it shall, within
23 48 hours, enter an order upon the Sheriff to return the
24 defendant to the County jail. Upon receipt of such order, the
25 treatment supervisor provider shall arrange directly with the
26 county sheriff jail for the immediate return of the defendant
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1 to the county jail as provided under subsection (e) of Section
2 104-20 of this Code.
3 (d) Whenever the Court receives a report from the
4 supervisor of the defendant's treatment supervisor pursuant to
5 paragraph (2) or (3) of subsection (a) hereof, the Court shall
6 forthwith set the matter for a first hearing within 14 days,
7 unless good cause is demonstrated why the hearing cannot be
8 held within that time and shall set the hearing at the first
9 available opportunity thereafter.
10 (Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
11 (725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
12 Sec. 104-19. Records.) Any report filed of record with the
13 Court court concerning diagnosis, treatment or treatment plans
14 made pursuant to this Article shall not be placed in the
15 defendant's court record but shall be maintained separately by
16 the Clerk clerk of the Circuit Court court and shall be
17 available only to the Court court or an appellate court, the
18 State and the defense, the Department, a hospital, facility or
19 program which is providing treatment to the defendant pursuant
20 to an order of the Court court or such other persons as the
21 Court court may direct.
22 (Source: P.A. 81-1217.)
23 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
24 Sec. 104-20. Ninety-day hearings; continuing treatment.)
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1 (a) Upon entry or continuation of any order to undergo
2 fitness restoration treatment, the Court court shall set a
3 date for hearing to reexamine the issue of the defendant's
4 fitness not more than 90 days from the original finding of
5 unfitness and at 90-day intervals thereafter. The Clerk of the
6 Circuit Court shall notify the hospital, facility or program
7 providing treatment to the defendant of all upcoming hearing
8 dates. In addition, whenever the court receives a report from
9 the supervisor of the defendant's treatment pursuant to
10 subparagraph (3) of paragraph (a) of Section 104-18, the court
11 shall forthwith set the matter for a first hearing within 14
12 days unless good cause is demonstrated why the hearing cannot
13 be held. Unless waived by the defense, on On the date set or
14 upon conclusion of the matter then pending before it, the
15 Court court, sitting without a jury, shall conduct a hearing,
16 unless waived by the defense, and shall determine:
17 (1) Whether the defendant is fit to stand trial or to
18 plead; or and if not,
19 (2) Whether the defendant is making progress under
20 treatment toward attainment of fitness within the
21 statutory time period set in subsection (e) of Section
22 104-17 of this Code from the date of the original finding
23 of unfitness; or .
24 (3) Whether there is not a substantial probability
25 that the defendant may be restored to fitness within the
26 statutory timeframe.
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1 (b) If the Court court finds the defendant to be fit
2 pursuant to this Section, the Court court shall set the matter
3 for trial and if in secure custody, order that the defendant be
4 returned to the County to stand trial. ; provided that if the
5 defendant is in need of continued care or treatment and the
6 supervisor of the defendant's treatment agrees to continue to
7 provide it, the court may enter any order it deems appropriate
8 for the continued care or treatment of the defendant by the
9 facility or program pending the conclusion of the criminal
10 proceedings.
11 (c) If the Court court finds that the defendant is still
12 unfit but that the defendant he is making progress toward
13 attaining fitness, the Court court may continue or modify the
14 its original treatment order entered pursuant to Section
15 104-17.
16 (d) If the Court court finds that the defendant is still
17 unfit and that the defendant he is not making progress toward
18 attaining fitness such that there is not a substantial
19 probability that he will attain fitness within the time
20 statutory period set in subsection (e) of Section 104-17 of
21 this Code from the date of the original finding of unfitness,
22 if in secure custody, the Court court shall order that the
23 defendant be returned to the County and shall otherwise
24 proceed pursuant to Section 104-23. However, if the defendant
25 is in need of continued care and treatment and the supervisor
26 of the defendant's treatment agrees to continue to provide it,
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1 the court may enter any order it deems appropriate for the
2 continued care or treatment by the facility or program pending
3 the conclusion of the criminal proceedings.
4 (e) Whenever the Court court receives a report from the
5 supervisor of the defendant's treatment under paragraphs
6 paragraph (2) or (3) of subsection (a) of Section 104-18 of
7 this Code, the Court court shall, within 48 hours, immediately
8 enter an order directing the sheriff to return the defendant
9 to the county jail and set the matter for trial. At any time
10 thereafter, the issue of the defendant's fitness can be raised
11 again under Section 104-11 of this Code. If the Court court
12 finds that the defendant is still unfit after being
13 recommended as fit by the supervisor of the defendant's
14 treatment and, that it is substantially probable that the
15 defendant may be restored to fitness within the statutory
16 timeframe, the Court court shall attach a copy of any written
17 report that identifies the relevant factors in favor thereof
18 the finding that the defendant continues to be unfit, prepared
19 by a licensed physician, clinical psychologist, or
20 psychiatrist, to the court order remanding the person for
21 further treatment.
22 (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
23 (725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
24 Sec. 104-21. Medication.
25 (a) A defendant who is ordered into the custody of the
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1 Department of Human Services after a finding of unfitness is
2 subject to the involuntary administration of medication under
3 Section 2-107.1 of the Mental Health and Developmental
4 Disabilities Code. The petition may be filed in either the
5 county where the defendant is located or with the Court having
6 jurisdiction over the defendant. A defendant receiving
7 psychotropic drugs shall not be presumed to be unfit to stand
8 trial solely by virtue of the receipt of those drugs or
9 medications.
10 (a-5) The court-ordered custodian of a defendant who is
11 subject to the involuntary administration of medication under
12 this Section shall be entitled to receive the treatment notes,
13 records and reports relative to the defendant upon written
14 request., A prior treatment provider who is provided with a
15 copy of the Court's custody order shall respond to the
16 custodian's records request within 5 business days. No records
17 received pursuant to this Section may be used for any purposes
18 except to determine whether the defendant meets the criteria
19 for court-ordered treatment under Section 2-107.1 or to
20 prepare for and participate in hearings under Section 2-107.1.
21 (a-7) A petition filed on behalf of a defendant who is in
22 custody under this Article shall be heard within 7 days,
23 unless good cause is stated on the record why the hearing
24 cannot be so held within the statutory timeframe. In no event,
25 however, shall such hearing be delayed beyond 14 days from the
26 date the petition is filed. The Court shall adjudicate the
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1 petition within 3 working days of the conclusion of the
2 medication hearing.
3 (b) Whenever a defendant who is receiving medication under
4 medical direction is transferred between a place of custody
5 and a treatment facility or program, a written report from the
6 prescribing physician shall accompany the defendant. The
7 report shall state the type and dosage of the defendant's
8 medication and the duration of the prescription. The chief
9 officer of the place of custody or the treatment supervisor at
10 the facility or program shall insure that such medication is
11 provided according to the directions of the prescribing
12 physician or until superseded by order of a physician who has
13 examined the defendant.
14 (c) (Blank). If a defendant refuses psychotropic
15 medication, it may be administered over the defendant's
16 objections in accord with the Mental Health and Developmental
17 Disabilities Code. If court authorized medications are sought,
18 the petition, prepared in accord with Section 2-107.1 of the
19 Mental Health and Developmental Disabilities Code may be filed
20 in the county where the defendant is located or with the court
21 having jurisdiction over the defendant.
22 (Source: P.A. 98-1025, eff. 8-22-14.)
23 (725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
24 Sec. 104-22. Trial with special provisions and
25 assistance.) (a) On motion of the defendant, the State or on
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1 the Court's court's own accord motion, the Court court shall
2 determine whether special provisions or assistance will render
3 the defendant fit to stand trial as defined in Section 104-10.
4 (b) Such special provisions or assistance may include but
5 are not limited to:
6 (1) The administration of medication.
7 (2) (1) Appointment of qualified translators who shall
8 simultaneously translate all testimony at trial into
9 language understood by the defendant.
10 (3) (2) Appointment of experts qualified to assist a
11 defendant who because of a disability is unable to
12 understand the proceedings or communicate with his or her
13 attorney.
14 (c) The case may proceed to trial only if the Court court
15 determines that such provisions or assistance compensate for a
16 defendant's disabilities so as to render the defendant fit as
17 defined in Section 104-10. In such cases the Court court shall
18 state for the record the following:
19 (1) The qualifications and experience of the experts or
20 other persons appointed to provide special assistance to the
21 defendant;
22 (2) The Court's court's reasons for selecting or
23 appointing the particular experts or other persons to provide
24 the special assistance to the defendant;
25 (3) How the appointment of the particular expert or other
26 persons will serve the goal of rendering the defendant fit in
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1 view of the appointee's qualifications and experience, taken
2 in conjunction with the particular disabilities of the
3 defendant; and
4 (4) Any other factors considered by the court in
5 determining that the defendant is fit with special provisions
6 or assistance. appointing that individual.
7 (Source: P.A. 81-1217.)
8 (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
9 Sec. 104-23. Unfit defendants. Cases involving an unfit
10 defendant who demands a discharge hearing or a defendant whom
11 the defendant's treatment supervisor has reported as unfit
12 without a substantial probability of attaining fitness within
13 the statutory time period who cannot become fit to stand trial
14 and for whom no special provisions or assistance can
15 compensate for his disability and render him fit shall proceed
16 in the following manner:
17 (a) Upon a determination that there is not a substantial
18 probability that the defendant will attain fitness within the
19 time period set in subsection (e) of Section 104-17 of this
20 Code from the original finding of unfitness, the court The
21 Court shall hold a discharge hearing within 14 60 days, unless
22 good cause is shown for the delay.
23 (b) If at the hearing at any time the Court court
24 determines that there is not a substantial probability that
25 the defendant will attain fitness become fit to stand trial or
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1 to plead within the statutory time period it shall proceed as
2 follows: set in subsection (e) of Section 104-17 of this Code
3 from the date of the original finding of unfitness, or if at
4 the end of the time period set in subsection (e) of Section
5 104-17 of this Code from that date the court finds the
6 defendant still unfit and for whom no special provisions or
7 assistance can compensate for his disabilities and render him
8 fit, the State shall request the court:
9 (1) To set the matter for a discharge hearing pursuant
10 to Section 25 hereof 104-25 unless a hearing has already
11 been held pursuant to paragraph (a) of this Section; or
12 (2) To release the defendant from custody and to
13 dismiss with prejudice the charges against them him; or
14 (3) To remand the defendant to the custody of the
15 Department of Human Services and order an involuntary
16 civil commitment a hearing to be conducted pursuant to the
17 provisions of the Mental Health and Developmental
18 Disabilities Code, as now or hereafter amended. The
19 Department of Human Services shall have 7 days from the
20 date it receives the defendant to prepare and file the
21 necessary petition and certificates that are required for
22 commitment on an inpatient or outpatient basis under the
23 Mental Health and Developmental Disabilities Code subject
24 to a 7 day extension upon a showing of good cause. If the
25 defendant is committed to the Department of Human Services
26 pursuant to such hearing, the court having jurisdiction
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1 over the criminal matter shall dismiss the charges against
2 the defendant, with the leave to reinstate. In such cases
3 the Department of Human Services shall notify the Court
4 court, the State's attorney and the defense attorney upon
5 the discharge of the defendant. A former defendant so
6 committed shall be otherwise treated in the same manner as
7 any other civilly committed patient for all purposes
8 including admission, selection of the place of treatment
9 and the treatment modalities, entitlement to rights and
10 privileges, transfer, and discharge. If the defendant does
11 not qualify for involuntary commitment, but has expressed
12 a willingness to be admitted on a voluntary basis and the
13 facility director determines that the defendant is
14 clinically suitable for voluntary admission, the
15 Department shall so advise the Court, the State and the
16 defense. The Court may consider this factor in determining
17 whether to proceed under subparagraph (1) or (2) of
18 paragraph (b) of this Section. Should the Court dismiss
19 with prejudice the charges against the defendant, the
20 defendant shall then be admitted to the Department on a
21 voluntary basis pursuant to the Mental Health and
22 Developmental Disabilities Code as now or hereafter
23 amended. If a defendant who does not qualify for
24 involuntary commitment is unwilling or unsuitable for
25 voluntary admission, the Department shall so advise the
26 Court, the State and the defense. Upon receipt of such a
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1 notice, the Court A defendant who is not committed shall ,
2 within 48 hours, enter an order for the sheriff to
3 transport the defendant to the county jail be remanded to
4 the court having jurisdiction of the criminal matter for
5 further disposition pursuant to subsection subparagraph
6 (1) or (2) of paragraph (b) of this Section.
7 (c) Where charges have not been dismissed with prejudice,
8 if If the defendant is later restored to fitness and the
9 original charges against him are reinstated, the speedy trial
10 provisions of Section 103-5 shall commence to run.
11 (Source: P.A. 102-1118, eff. 1-18-23.)
12 (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
13 Sec. 104-24. Time Credit. Time spent in custody pursuant
14 to orders issued under this Article Section 104-17 or 104-20
15 or pursuant to a commitment to the Department of Human
16 Services following a finding of unfitness or incompetency
17 under prior law, shall be credited against any sentence
18 imposed on the defendant in the pending criminal case or in any
19 other case arising out of the same conduct. The Court shall
20 calculate the time credit to be applied when considering the
21 maximum period of time that a defendant may remain in custody.
22 The Department of Human Services shall not be authorized to
23 independently apply or calculate time credit.
24 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
2 Sec. 104-25. Discharge hearing.
3 (a) As provided for in paragraph (a) of Section 104-23 and
4 subparagraph (1) of paragraph (b) of Section 104-23 a hearing
5 to determine the sufficiency of the evidence shall be held.
6 Such hearing shall be conducted by the Court court without a
7 jury. The State and the defendant may introduce evidence
8 relevant to the question of defendant's guilt of the crime
9 charged.
10 The Court court may admit hearsay or affidavit evidence on
11 secondary matters such as testimony to establish the chain of
12 possession of physical evidence, laboratory reports,
13 authentication of transcripts taken by official reporters,
14 court and business records, and public documents.
15 (b) If the evidence presented by the State does not prove
16 the defendant guilty beyond a reasonable doubt, the Court
17 court shall enter a judgment of acquittal; however nothing
18 herein shall prevent the State from requesting the Court court
19 to commit the defendant to the Department of Human Services
20 under the provisions of the Mental Health and Developmental
21 Disabilities Code.
22 (c) If after considering the evidence, the defendant is
23 found not guilty by reason of insanity, the Court court shall
24 enter a judgment of acquittal and the proceedings after
25 acquittal by reason of insanity under Section 5-2-4 of the
26 Unified Code of Corrections shall apply.
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1 (d) If the discharge hearing does not result in an
2 acquittal of the charge under subsection (b) or (c), the
3 defendant may be remanded for further treatment and the
4 statutory one year time limit for restoration set forth in
5 Section 104-23 shall be extended as follows:
6 (1) If the most serious charge upon which the State
7 sustained its burden of proof was a Class 1 or Class X
8 felony, the treatment period may be extended up to a
9 maximum treatment period of 2 years;
10 (1.1) If the most serious charge upon which the State
11 sustained its burden of proof was if a Class 2, 3, or 4
12 felony, the treatment period may be extended up to a
13 maximum of 15 months;
14 (2) If the State sustained its burden of proof on a
15 charge of first degree murder, the treatment period may be
16 extended up to a maximum treatment period of 5 years.
17 (3) Defendants facing misdemeanor charges are not
18 subject to extension of the treatment period unless they
19 are also facing felony charges on the same conduct.
20 (e) Transcripts of testimony taken at a discharge hearing
21 may be admitted in evidence at a subsequent trial of the case,
22 subject to the rules of evidence, if the witness who gave such
23 testimony is legally unavailable at the time of the subsequent
24 trial.
25 (f) If the Court court fails to enter an order of acquittal
26 the defendant may appeal from such judgment in the same manner
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1 provided for an appeal from a conviction in a criminal case.
2 (g) At the expiration of an extended period of treatment
3 ordered pursuant to subsection (d) of this Section:
4 (1) Upon a finding that the defendant is fit or can be
5 rendered fit consistent with special provisions or
6 assistance pursuant to Section 104-22 if in custody, the
7 Court shall, within 48 hours, order the sheriff to return
8 the defendant to the County and the Court court may
9 otherwise proceed with trial.
10 (2) If the defendant continues to be unfit to stand
11 trial, the Court court shall determine whether the
12 defendant he or she is subject to involuntary admission
13 under the Mental Health and Developmental Disabilities
14 Code or constitutes a serious threat to the public safety.
15 If so found, the defendant shall be remanded to the
16 Department of Human Services for further treatment and
17 shall be treated in the same manner as a civilly committed
18 patient for all purposes, except that the defendant shall
19 be placed in a secure setting unless the court determines
20 that there are compelling reasons why such placement is
21 not necessary. In addition, the criminal original court
22 having jurisdiction over the defendant shall be required
23 to approve any conditional release or discharge of the
24 defendant, for the period of commitment equal to the
25 maximum sentence to which the defendant would have been
26 subject had the defendant he or she been convicted in the
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1 underlying a criminal proceeding. The Court shall
2 calculate the maximum period of civil commitment under
3 this subsection and no credits may be applied against such
4 term other than those considered and applied by the Court.
5 During this period of commitment, the original court
6 having jurisdiction over the defendant shall hold hearings
7 under clause (i) of this paragraph (2). However, if the
8 defendant is remanded to the Department of Human Services,
9 the defendant shall be placed in a secure setting unless
10 the court determines that there are compelling reasons why
11 such placement is not necessary.
12 If the defendant does not have a current treatment
13 plan, then within 3 days of admission under this
14 subsection subdivision (g)(2), the defendant's treatment
15 supervisor shall submit a treatment plan to the Court, the
16 State, and the defense shall be prepared for each
17 defendant and entered into his or her record. The plan
18 shall include (i) an assessment of the defendant's
19 treatment needs, (ii) a description of the services
20 recommended for treatment, (iii) the goals of each type of
21 element of service, (iv) an anticipated timetable for the
22 accomplishment of the goals, and (v) a designation of the
23 qualified professional responsible for the implementation
24 of the plan. The plan shall be reviewed and updated as the
25 clinical condition warrants, but not less than every 30
26 days.
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1 Every 90 days after the entry of an initial admission
2 order under this subsection subdivision (g)(2), the
3 defendant's treatment supervisor facility director shall
4 submit file a progress typed treatment plan report to the
5 Court, the State, and the defense with the original court
6 having jurisdiction over the defendant. The report shall
7 include an opinion as to whether the defendant is: (i) fit
8 to stand trial, or (ii) if not, and whether the defendant
9 is currently subject to involuntary admission. If so, the
10 treatment supervisor shall also state whether the
11 defendant is , in need of mental health services on an
12 inpatient basis, or in need of mental health services on
13 an outpatient basis. The report shall also summarize the
14 basis for those findings and provide a current summary of
15 the 5 items required in a treatment plan. A copy of the
16 report shall be forwarded to the Clerk clerk of the
17 Circuit Court to be filed in accordance with Section
18 104-19 with a copy provided to the State and the defense,
19 if the defendant is represented by counsel. If the report
20 states that the defendant is fit to stand trial, the Court
21 shall conduct a fitness hearing. If the defendant is found
22 fit, the Court shall, within 48 hours, order the County
23 sheriff to return the defendant to the county jail to
24 stand trial.
25 Upon request of the defendant's treatment supervisor,
26 the State, the defense, or on the Court's court, the State's
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1 Attorney, and the defendant's attorney if the defendant is
2 represented by counsel. The court on its own motion, it may
3 order a hearing to review the treatment plan. The defendant or
4 the State's Attorney may request a treatment plan review every
5 90 days and the court shall review the current treatment plan
6 to determine whether the plan complies with the requirements
7 of this Section. The Court court may also order an independent
8 examination of the defendant on its own initiative or at the
9 request of and shall order such an evaluation if either the
10 defense recipient or the State State's Attorney so requests
11 and has demonstrated to the court that the plan cannot be
12 effectively reviewed by the court without such an examination.
13 Under no circumstances shall the Court court be required to
14 order an independent examination pursuant to this Section.
15 However, if it does, it may not do so more than once each
16 12-month period year. The examination shall be conducted by a
17 psychiatrist or clinical psychologist as defined in Section
18 1-103 of the Mental Health and Developmental Disabilities Code
19 who is not in the employ of the Department of Human Services.
20 If, during the period within which the defendant is
21 confined in a secure setting, the Court court enters an
22 order that requires the defendant to appear, the Court
23 court shall timely transmit a copy of the order or writ to
24 the director of the hospital
, particular Department of
25 Human Services facility or program providing services to
26 the defendant where the defendant resides authorizing the
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1 transportation of the defendant to the Court court for the
2 purpose of the hearing.
3 (i) 180 days after a defendant is remanded to the
4 Department of Human Services, under paragraph (2) of
5 subsection (g) paragraph (2), and every 180 days
6 thereafter for so long as the defendant is confined
7 under the order entered thereunder, the Court court
8 shall set a hearing and shall direct that notice of the
9 time and place of the hearing be served upon the
10 defendant, the facility director, the State's
11 Attorney, and the defendant's attorney. If requested
12 by either the State or the defense or if the Court
13 court determines that it is appropriate, an impartial
14 examination of the defendant by a psychiatrist or
15 clinical psychologist as defined in Section 1-103 of
16 the Mental Health and Developmental Disabilities Code
17 who is not in the employ of the Department of Human
18 Services shall be ordered, and the report considered
19 at the time of the hearing. If the defendant is not
20 currently represented by counsel, the Court court
21 shall appoint the public defender to represent the
22 defendant at the hearing. The Court court shall make a
23 finding as to whether the defendant is: (A) subject to
24 involuntary admission and, if so, whether the
25 defendant is ; or (B) in need of mental health services
26 in the form of inpatient care; or (C) in need of mental
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1 health services on an outpatient basis but not subject
2 to involuntary admission nor inpatient care.
3 The findings of the Court court shall be established
4 by clear and convincing evidence and the burden of
5 proof and the burden of going forward with the
6 evidence shall rest with the State State's Attorney.
7 The Court Upon finding by the court, the court shall
8 enter its findings on and an appropriate order.
9 (ii) The terms "subject to involuntary admission",
10 "in need of mental health services in the form of
11 inpatient care" and "in need of mental health services
12 on an outpatient basis but not subject to involuntary
13 admission nor inpatient care" shall have the meanings
14 ascribed to them in clause (a-1) (d)(3) of Section
15 5-2-4 of the Unified Code of Corrections.
16 (3) If the defendant is not committed pursuant to this
17 Section, the defendant he or she shall be released.
18 (4) In no event may the treatment period be extended
19 to exceed the maximum sentence to which a defendant would
20 have been subject had the defendant he or she been
21 convicted in the a criminal proceeding on the most serious
22 offense. For purposes of this Section, the maximum
23 sentence shall be determined by Section 5-8-1 (730 ILCS
24 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code
25 of Corrections", excluding any sentence of natural life.
26 (5) If the treatment supervisor reports the defendant
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1 as fit, the Court shall immediately, within 48 hours,
2 order the sheriff to return the defendant to the county
3 jail to stand trial, plead, or be sentenced.
4 (Source: P.A. 95-1052, eff. 7-1-09.)
5 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
6 Sec. 104-26. Disposition of Defendants suffering
7 disabilities.
8 (a) A defendant convicted following a trial conducted
9 under the provisions of Section 104-22 shall not be sentenced
10 before a written presentence report of investigation is
11 presented to and considered by the Court court. The
12 presentence report shall be prepared pursuant to Sections
13 5-3-2, 5-3-3 and 5-3-4 of the Unified Code of Corrections, as
14 now or hereafter amended, and shall include a physical and
15 mental examination unless the Court court finds that the
16 reports of prior physical and mental examinations conducted
17 pursuant to this Article are adequate and recent enough so
18 that additional examinations would be unnecessary.
19 (b) (Blank).
20 (c) A defendant convicted following a trial under Section
21 104-22 shall be sentenced according to the procedures and
22 dispositions authorized under the Unified Code of Corrections,
23 as now or hereafter amended, subject to the following
24 provisions:
25 (1) The Court court shall not impose a sentence of
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1 imprisonment upon the offender if the Court court believes
2 that because of his disability a sentence of imprisonment
3 would not serve the ends of justice and the interests of
4 society and the offender or that because of a his
5 disability, a sentence of imprisonment would subject the
6 offender to excessive hardship. In addition to any other
7 conditions of a sentence of conditional discharge or
8 probation, the Court court may require that the offender
9 undergo treatment appropriate for the defendant's to his
10 mental or physical condition.
11 (2) (Blank). After imposing a sentence of imprisonment
12 upon an offender who has a mental disability, the court
13 may remand him to the custody of the Department of Human
14 Services and order a hearing to be conducted pursuant to
15 the provisions of the Mental Health and Developmental
16 Disabilities Code, as now or hereafter amended. If the
17 offender is committed following such hearing, he shall be
18 treated in the same manner as any other civilly committed
19 patient for all purposes except as provided in this
20 Section. If the defendant is not committed pursuant to
21 such hearing, he shall be remanded to the sentencing court
22 for disposition according to the sentence imposed.
23 (3) If the Court court imposes a sentence of
24 imprisonment upon an offender who has a mental disability
25 but does not proceed under subparagraph (2) of paragraph
26 (c) of this Section, it shall order the Department of
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1 Corrections to proceed pursuant to Section 3-8-5 of the
2 Unified Code of Corrections, as now or hereafter amended.
3 (3.5) If the Court court imposes a sentence of
4 imprisonment upon an offender who has a mental disability,
5 it the court shall direct the Clerk of the Circuit Court
6 circuit court clerk to immediately notify the Illinois
7 State Police, Firearm Owner's Identification (FOID)
8 Office, in a form and manner prescribed by the Illinois
9 State Police and shall forward a copy of the court order to
10 the Department.
11 (4) If the Court court imposes a sentence of
12 imprisonment upon an offender who has a physical
13 disability, it may authorize the Department of Corrections
14 to place the offender in a public or private facility
15 which is able to provide care or treatment for the
16 offender's disability and which agrees to do so.
17 (5) When an offender is placed with the Department of
18 Human Services or another facility pursuant to
19 subparagraph (2) or (4) of this paragraph (c), the public
20 or Department or private facility shall not discharge or
21 allow the offender to be at large in the community without
22 prior approval of the Court court. If the defendant is
23 placed in the custody of the Department of Human Services,
24 the defendant shall be placed in a secure setting unless
25 the court determines that there are compelling reasons why
26 such placement is not necessary. The offender shall accrue
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1 all good time credits as determined by the Court while in
2 the custody of the public or private facility and shall be
3 eligible for parole in the same manner as if the offender
4 he were serving the defendant's his sentence within the
5 Department of Corrections. If the sentence has not yet
6 expired when When the offender no longer requires
7 hospitalization, care, or treatment, the public or private
8 Department of Human Services or the facility shall
9 transfer the offender him, if his sentence has not
10 expired, to the Department of Corrections. If an offender
11 is transferred to the Department of Corrections, the
12 facility Department of Human Services shall transfer to
13 the Department of Corrections all related records
14 pertaining to length of custody and treatment services
15 provided during the time the offender was held.
16 (6) The Department of Corrections shall notify the
17 public or private Department of Human Services or a
18 facility in which an offender has been placed pursuant to
19 subparagraph (2) or (4) of paragraph (c) of this Section
20 of the expiration of the his sentence. Thereafter, an
21 offender so placed in the Department of Human Services
22 shall continue to be treated pursuant to the defendant's
23 his commitment order and shall be considered a civilly
24 committed patient for all purposes including discharge. An
25 offender who is in a facility pursuant to subparagraph (4)
26 of paragraph (c) of this Section shall be informed by the
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1 facility of the expiration of his sentence, and shall
2 either consent to the continuation of the defendant's his
3 care or treatment by the facility, or shall be discharged.
4 (Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
5 (725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
6 Sec. 104-30. Notice to Law Enforcement Agencies Regarding
7 Release of Defendants.
8 (a) Prior to the release by the Department of Human
9 Services of any person admitted pursuant to any provision of
10 this Article, the Department of Human Services shall give
11 written notice to the Sheriff of the county from which the
12 defendant was admitted. In cases where the arrest of the
13 defendant or the commission of the offense took place in any
14 municipality with a population of more than 25,000 persons,
15 the Department of Human Services shall also give written
16 notice to the proper law enforcement agency for said
17 municipality, provided the municipality has requested such
18 notice in writing.
19 (b) Where a defendant in the custody of the Department of
20 Human Services under any provision of this Article is released
21 pursuant to an order of court, the Clerk clerk of the Circuit
22 Court circuit court shall, after the entry of the order,
23 transmit a certified copy of the order of release to the
24 Department of Human Services and the Sheriff of the county
25 from which the defendant was admitted. In cases where the
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1 arrest of the defendant or the commission of the offense took
2 place in any municipality with a population of more than
3 25,000 persons, the Clerk of the Circuit Court circuit court
4 shall also send a certified copy of the order of release to the
5 proper law enforcement agency for said municipality provided
6 the municipality has requested such notice in writing.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
9 Sec. 104-31. No defendant placed in a setting of the
10 Department of Human Services pursuant to the provisions of
11 Sections 104-17, 104-25, or 104-26 shall be permitted outside
12 the facility's housing unit unless escorted or accompanied by
13 personnel of the Department of Human Services or authorized by
14 court order. Any defendant, transported to court hearings or
15 other necessary appointments off facility grounds by personnel
16 of the Department of Human Services, may be placed in security
17 devices or otherwise secured during the period of
18 transportation to assure secure transport of the defendant and
19 the safety of Department of Human Services personnel and
20 others. These security measures shall not constitute restraint
21 as defined in the Mental Health and Developmental Disabilities
22 Code. Nor shall any defendant be permitted any off-grounds
23 privileges, either with or without escort by personnel of the
24 Department of Human Services or any unsupervised on-ground
25 privileges, unless such off-grounds or unsupervised on-grounds
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1 privileges have been approved by specific court order, which
2 order may include such conditions on the defendant as the
3 court may deem appropriate and necessary to reasonably assure
4 the defendant's satisfactory progress in treatment and the
5 safety of the defendant or others. Whenever the Court court
6 receives a report from the supervisor of the defendant's
7 treatment recommending the defendant for any off-grounds or
8 unsupervised on-grounds privileges, the Court court shall set
9 the matter for a first hearing within 21 days unless good cause
10 is demonstrated why the hearing cannot be held. The changes
11 made to this Section by this amendatory Act of the 96th General
12 Assembly are declarative of existing law and shall not be
13 construed as a new enactment.
14 (Source: P.A. 98-1025, eff. 8-22-14.)
15 (725 ILCS 5/104-27 rep.)
16 (725 ILCS 5/104-28 rep.)
17 Section 10. The Code of Criminal Procedure of 1963 is
18 amended by repealing Sections 104-27 and 104-28.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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