104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 725 ILCS 5/104-17 from Ch. 38, par. 104-17 Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Deletes if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. LRB104 06270 RLC 16305 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17 Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Deletes if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. LRB104 06270 RLC 16305 b LRB104 06270 RLC 16305 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/104-17 from Ch. 38, par. 104-17
Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Deletes if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed.
LRB104 06270 RLC 16305 b LRB104 06270 RLC 16305 b
LRB104 06270 RLC 16305 b
A BILL FOR
HB1743LRB104 06270 RLC 16305 b HB1743 LRB104 06270 RLC 16305 b
HB1743 LRB104 06270 RLC 16305 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 Section 104-17 as follows:
6 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
7 Sec. 104-17. Commitment for treatment; treatment plan.
8 (a) If the defendant is eligible to be or has been released
9 on pretrial release or on his own recognizance, the court
10 shall select the least physically restrictive form of
11 treatment therapeutically appropriate and consistent with the
12 treatment plan. The placement may be ordered either on an
13 inpatient or an outpatient basis.
14 (b) If the defendant's disability is mental, the court may
15 order him placed for secure treatment in the custody of the
16 Department of Human Services, or the court may order him
17 placed in the custody of any other appropriate public or
18 private mental health facility or treatment program which has
19 agreed to provide treatment to the defendant. If the most
20 serious charge faced by the defendant is a misdemeanor, the
21 court shall order outpatient treatment, unless the court finds
22 good cause on the record to order inpatient treatment. If the
23 court orders the defendant to inpatient treatment in the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/104-17 from Ch. 38, par. 104-17
Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Deletes if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed.
LRB104 06270 RLC 16305 b LRB104 06270 RLC 16305 b
LRB104 06270 RLC 16305 b
A BILL FOR
725 ILCS 5/104-17 from Ch. 38, par. 104-17
LRB104 06270 RLC 16305 b
HB1743 LRB104 06270 RLC 16305 b
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HB1743 - 2 - LRB104 06270 RLC 16305 b
1 custody of the Department of Human Services, the Department
2 shall evaluate the defendant to determine the most appropriate
3 secure facility to receive the defendant and, within 20 days
4 of the transmittal by the clerk of the circuit court of the
5 court's placement order, notify the sheriff court of the
6 designated facility to receive the defendant. Upon receipt of
7 the notice, The Department shall admit the defendant to a
8 secure facility within 60 days of the transmittal of the
9 court's placement order, unless the Department can demonstrate
10 good faith efforts at placement and a lack of bed and placement
11 availability. If placement cannot be made within 60 days of
12 the transmittal of the court's placement order and the
13 Department has demonstrated good faith efforts at placement
14 and a lack of bed and placement availability, the Department
15 shall provide an update to the ordering court every 30 days
16 until the defendant is placed. Once bed and placement
17 availability is determined, the Department shall notify the
18 sheriff who shall promptly transport the defendant to the
19 designated facility. If the defendant is placed in the custody
20 of the Department of Human Services, the defendant shall be
21 placed in a secure setting. During the period of time required
22 to determine bed and placement availability at the designated
23 facility, the defendant shall remain in jail. If during the
24 course of evaluating the defendant for placement, the
25 Department of Human Services determines that the defendant is
26 currently fit to stand trial, it shall immediately notify the
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1 court and shall submit a written report within 7 days. In that
2 circumstance the placement shall be held pending a court
3 hearing on the Department's report. Otherwise, upon completion
4 of the placement process, including identifying bed and
5 placement availability, the sheriff shall be notified and
6 shall transport the defendant to the designated facility. If,
7 within 60 days of the transmittal by the clerk of the circuit
8 court of the court's placement order, the Department fails to
9 provide the sheriff with notice of bed and placement
10 availability at the designated facility, the sheriff shall
11 contact the Department to inquire about when a placement will
12 become available at the designated facility as well as bed and
13 placement availability at other secure facilities. The
14 Department shall respond to the sheriff within 2 business days
15 of the notice and inquiry by the sheriff seeking the transfer
16 and the Department shall provide the sheriff with the status
17 of the evaluation, information on bed and placement
18 availability, and an estimated date of admission for the
19 defendant and any changes to that estimated date of admission.
20 If the Department notifies the sheriff during the 2 business
21 day period of a facility operated by the Department with
22 placement availability, the sheriff shall promptly transport
23 the defendant to that facility. The placement may be ordered
24 either on an inpatient or an outpatient basis. If the
25 Department does not provide placement within the 20 days of
26 transmittal from the clerk, the Department shall provide
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HB1743 - 4 - LRB104 06270 RLC 16305 b
1 payment to the sheriff, as prescribed by the sheriff,
2 including, but not limited to, housing and mental health
3 services for each day after 20 days have passed from the time
4 the defendant was first placed in the sheriff's custody. The
5 sheriff shall not be held liable for any issues encountered
6 after the 20th day the defendant remains in his or her care.
7 (c) If the defendant's disability is physical, the court
8 may order him placed under the supervision of the Department
9 of Human Services which shall place and maintain the defendant
10 in a suitable treatment facility or program, or the court may
11 order him placed in an appropriate public or private facility
12 or treatment program which has agreed to provide treatment to
13 the defendant. The placement may be ordered either on an
14 inpatient or an outpatient basis.
15 (d) The clerk of the circuit court shall within 5 days of
16 the entry of the order transmit to the Department, agency or
17 institution, if any, to which the defendant is remanded for
18 treatment, the following:
19 (1) a certified copy of the order to undergo
20 treatment. Accompanying the certified copy of the order to
21 undergo treatment shall be the complete copy of any report
22 prepared under Section 104-15 of this Code or other report
23 prepared by a forensic examiner for the court;
24 (2) the county and municipality in which the offense
25 was committed;
26 (3) the county and municipality in which the arrest
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HB1743 - 5 - LRB104 06270 RLC 16305 b
1 took place;
2 (4) a copy of the arrest report, criminal charges,
3 arrest record; and
4 (5) all additional matters which the Court directs the
5 clerk to transmit.
6 (e) Within 30 days of admission to the designated
7 facility, the person supervising the defendant's treatment
8 shall file with the court, the State, and the defense a report
9 assessing the facility's or program's capacity to provide
10 appropriate treatment for the defendant and indicating his
11 opinion as to the probability of the defendant's attaining
12 fitness within a period of time from the date of the finding of
13 unfitness. For a defendant charged with a felony, the period
14 of time shall be one year. For a defendant charged with a
15 misdemeanor, the period of time shall be no longer than the
16 sentence if convicted of the most serious offense. If the
17 report indicates that there is a substantial probability that
18 the defendant will attain fitness within the time period, the
19 treatment supervisor shall also file a treatment plan which
20 shall include:
21 (1) A diagnosis of the defendant's disability;
22 (2) A description of treatment goals with respect to
23 rendering the defendant fit, a specification of the
24 proposed treatment modalities, and an estimated timetable
25 for attainment of the goals;
26 (3) An identification of the person in charge of
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HB1743 - 6 - LRB104 06270 RLC 16305 b