Illinois 2025-2026 Regular Session

Illinois House Bill HB1743 Compare Versions

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

Old	New	Differences
1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
4	4	725 ILCS 5/104-17 from Ch. 38, par. 104-17
5	5	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.
6	6	LRB104 06270 RLC 16305 b LRB104 06270 RLC 16305 b
7	7	LRB104 06270 RLC 16305 b
8	8	A BILL FOR
9	9	HB1743LRB104 06270 RLC 16305 b HB1743 LRB104 06270 RLC 16305 b
10	10	HB1743 LRB104 06270 RLC 16305 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 104-17 as follows:
16	16	6 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
17	17	7 Sec. 104-17. Commitment for treatment; treatment plan.
18	18	8 (a) If the defendant is eligible to be or has been released
19	19	9 on pretrial release or on his own recognizance, the court
20	20	10 shall select the least physically restrictive form of
21	21	11 treatment therapeutically appropriate and consistent with the
22	22	12 treatment plan. The placement may be ordered either on an
23	23	13 inpatient or an outpatient basis.
24	24	14 (b) If the defendant's disability is mental, the court may
25	25	15 order him placed for secure treatment in the custody of the
26	26	16 Department of Human Services, or the court may order him
27	27	17 placed in the custody of any other appropriate public or
28	28	18 private mental health facility or treatment program which has
29	29	19 agreed to provide treatment to the defendant. If the most
30	30	20 serious charge faced by the defendant is a misdemeanor, the
31	31	21 court shall order outpatient treatment, unless the court finds
32	32	22 good cause on the record to order inpatient treatment. If the
33	33	23 court orders the defendant to inpatient treatment in the
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1743 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 5/104-17 from Ch. 38, par. 104-17 725 ILCS 5/104-17 from Ch. 38, par. 104-17
39	39	725 ILCS 5/104-17 from Ch. 38, par. 104-17
40	40	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.
41	41	LRB104 06270 RLC 16305 b LRB104 06270 RLC 16305 b
42	42	LRB104 06270 RLC 16305 b
43	43	A BILL FOR
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49	49	725 ILCS 5/104-17 from Ch. 38, par. 104-17
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68	68	1 custody of the Department of Human Services, the Department
69	69	2 shall evaluate the defendant to determine the most appropriate
70	70	3 secure facility to receive the defendant and, within 20 days
71	71	4 of the transmittal by the clerk of the circuit court of the
72	72	5 court's placement order, notify the sheriff court of the
73	73	6 designated facility to receive the defendant. Upon receipt of
74	74	7 the notice, The Department shall admit the defendant to a
75	75	8 secure facility within 60 days of the transmittal of the
76	76	9 court's placement order, unless the Department can demonstrate
77	77	10 good faith efforts at placement and a lack of bed and placement
78	78	11 availability. If placement cannot be made within 60 days of
79	79	12 the transmittal of the court's placement order and the
80	80	13 Department has demonstrated good faith efforts at placement
81	81	14 and a lack of bed and placement availability, the Department
82	82	15 shall provide an update to the ordering court every 30 days
83	83	16 until the defendant is placed. Once bed and placement
84	84	17 availability is determined, the Department shall notify the
85	85	18 sheriff who shall promptly transport the defendant to the
86	86	19 designated facility. If the defendant is placed in the custody
87	87	20 of the Department of Human Services, the defendant shall be
88	88	21 placed in a secure setting. During the period of time required
89	89	22 to determine bed and placement availability at the designated
90	90	23 facility, the defendant shall remain in jail. If during the
91	91	24 course of evaluating the defendant for placement, the
92	92	25 Department of Human Services determines that the defendant is
93	93	26 currently fit to stand trial, it shall immediately notify the
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104	104	1 court and shall submit a written report within 7 days. In that
105	105	2 circumstance the placement shall be held pending a court
106	106	3 hearing on the Department's report. Otherwise, upon completion
107	107	4 of the placement process, including identifying bed and
108	108	5 placement availability, the sheriff shall be notified and
109	109	6 shall transport the defendant to the designated facility. If,
110	110	7 within 60 days of the transmittal by the clerk of the circuit
111	111	8 court of the court's placement order, the Department fails to
112	112	9 provide the sheriff with notice of bed and placement
113	113	10 availability at the designated facility, the sheriff shall
114	114	11 contact the Department to inquire about when a placement will
115	115	12 become available at the designated facility as well as bed and
116	116	13 placement availability at other secure facilities. The
117	117	14 Department shall respond to the sheriff within 2 business days
118	118	15 of the notice and inquiry by the sheriff seeking the transfer
119	119	16 and the Department shall provide the sheriff with the status
120	120	17 of the evaluation, information on bed and placement
121	121	18 availability, and an estimated date of admission for the
122	122	19 defendant and any changes to that estimated date of admission.
123	123	20 If the Department notifies the sheriff during the 2 business
124	124	21 day period of a facility operated by the Department with
125	125	22 placement availability, the sheriff shall promptly transport
126	126	23 the defendant to that facility. The placement may be ordered
127	127	24 either on an inpatient or an outpatient basis. If the
128	128	25 Department does not provide placement within the 20 days of
129	129	26 transmittal from the clerk, the Department shall provide
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140	140	1 payment to the sheriff, as prescribed by the sheriff,
141	141	2 including, but not limited to, housing and mental health
142	142	3 services for each day after 20 days have passed from the time
143	143	4 the defendant was first placed in the sheriff's custody. The
144	144	5 sheriff shall not be held liable for any issues encountered
145	145	6 after the 20th day the defendant remains in his or her care.
146	146	7 (c) If the defendant's disability is physical, the court
147	147	8 may order him placed under the supervision of the Department
148	148	9 of Human Services which shall place and maintain the defendant
149	149	10 in a suitable treatment facility or program, or the court may
150	150	11 order him placed in an appropriate public or private facility
151	151	12 or treatment program which has agreed to provide treatment to
152	152	13 the defendant. The placement may be ordered either on an
153	153	14 inpatient or an outpatient basis.
154	154	15 (d) The clerk of the circuit court shall within 5 days of
155	155	16 the entry of the order transmit to the Department, agency or
156	156	17 institution, if any, to which the defendant is remanded for
157	157	18 treatment, the following:
158	158	19 (1) a certified copy of the order to undergo
159	159	20 treatment. Accompanying the certified copy of the order to
160	160	21 undergo treatment shall be the complete copy of any report
161	161	22 prepared under Section 104-15 of this Code or other report
162	162	23 prepared by a forensic examiner for the court;
163	163	24 (2) the county and municipality in which the offense
164	164	25 was committed;
165	165	26 (3) the county and municipality in which the arrest
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176	176	1 took place;
177	177	2 (4) a copy of the arrest report, criminal charges,
178	178	3 arrest record; and
179	179	4 (5) all additional matters which the Court directs the
180	180	5 clerk to transmit.
181	181	6 (e) Within 30 days of admission to the designated
182	182	7 facility, the person supervising the defendant's treatment
183	183	8 shall file with the court, the State, and the defense a report
184	184	9 assessing the facility's or program's capacity to provide
185	185	10 appropriate treatment for the defendant and indicating his
186	186	11 opinion as to the probability of the defendant's attaining
187	187	12 fitness within a period of time from the date of the finding of
188	188	13 unfitness. For a defendant charged with a felony, the period
189	189	14 of time shall be one year. For a defendant charged with a
190	190	15 misdemeanor, the period of time shall be no longer than the
191	191	16 sentence if convicted of the most serious offense. If the
192	192	17 report indicates that there is a substantial probability that
193	193	18 the defendant will attain fitness within the time period, the
194	194	19 treatment supervisor shall also file a treatment plan which
195	195	20 shall include:
196	196	21 (1) A diagnosis of the defendant's disability;
197	197	22 (2) A description of treatment goals with respect to
198	198	23 rendering the defendant fit, a specification of the
199	199	24 proposed treatment modalities, and an estimated timetable
200	200	25 for attainment of the goals;
201	201	26 (3) An identification of the person in charge of
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