Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2373 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 SB2373 Introduced 2/7/2025, by Sen. Lakesia Collins 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. LRB104 10122 RLC 20194 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2373 Introduced 2/7/2025, by Sen. Lakesia Collins 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. LRB104 10122 RLC 20194 b LRB104 10122 RLC 20194 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2373 Introduced 2/7/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.
6	6	LRB104 10122 RLC 20194 b LRB104 10122 RLC 20194 b
7	7	LRB104 10122 RLC 20194 b
8	8	A BILL FOR
9	9	SB2373LRB104 10122 RLC 20194 b SB2373 LRB104 10122 RLC 20194 b
10	10	SB2373 LRB104 10122 RLC 20194 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Sections 104-10, 104-11, 104-13, 104-14,
16	16	6 104-15, 104-16, 104-17, 104-18, 104-19, 104-20, 104-21,
17	17	7 104-22, 104-23, 104-24, 104-25, and 104-26 and by adding
18	18	8 Sections 102-24 and 102-25 as follows:
19	19	9 (725 ILCS 5/102-24 new)
20	20	10 Sec. 102-24. Mental condition or physical condition.
21	21	11 "Mental condition" or "physical condition" means a condition
22	22	12 that substantially impairs a person's thought, perception of
23	23	13 reality, emotional process, judgment, behavior, or ability to
24	24	14 communicate with counsel, or both, but does not include
25	25	15 traumatic brain injury, organic brain disease such as dementia
26	26	16 or Alzheimer's, alcohol or cannabis use, substance use
27	27	17 disorder, or an abnormality manifested only by repeated
28	28	18 criminal or otherwise antisocial behavior.
29	29	19 (725 ILCS 5/102-25 new)
30	30	20 Sec. 102-25. Treatment supervisor, supervisor of the
31	31	21 defendant's treatment, person supervising the defendant's
32	32	22 treatment, or qualified professional. "Treatment supervisor",
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2373 Introduced 2/7/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.
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41	41	LRB104 10122 RLC 20194 b
42	42	A BILL FOR
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48	48	See Index
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67	67	1 "supervisor of the defendant's treatment", "person supervising
68	68	2 the defendant's treatment", or "qualified professional" as
69	69	3 referenced in Article 104 means the person in charge of
70	70	4 overseeing fitness restoration for the defendant and may be a
71	71	5 physician, physician assistant, psychiatrist, clinical
72	72	6 psychologist, nurse practitioner, licensed clinical social
73	73	7 worker, or nurse who is working under the supervision of a
74	74	8 properly licensed physician, psychiatrist, or clinical
75	75	9 psychologist. Persons with any of the above designations are
76	76	10 deemed qualified to opine on the issue of fitness of the
77	77	11 defendant.
78	78	12 (725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
79	79	13 Sec. 104-10. Presumption of Fitness; Fitness Standard.) A
80	80	14 defendant is presumed to be fit to stand trial or to plead, and
81	81	15 be sentenced. A defendant is unfit if, because of the
82	82	16 defendant's his mental or physical condition, the defendant he
83	83	17 is unable to either understand the nature and purpose of the
84	84	18 proceedings against the defendant him or to meaningfully
85	85	19 assist in the defendant's his defense.
86	86	20 (Source: P.A. 81-1217.)
87	87	21 (725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
88	88	22 Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a)
89	89	23 The issue of the defendant's fitness for trial, to plead, or to
90	90	24 be sentenced may be raised by the defense, the State or the
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101	101	1 Court at any appropriate time before a plea is entered or
102	102	2 before, during, or after trial. When a bona fide bonafide
103	103	3 doubt of the defendant's fitness is raised, the court shall
104	104	4 order a determination of the issue by the county's expert
105	105	5 before proceeding further.
106	106	6 However, no order entered pursuant to this subsection
107	107	7 shall prevent further proceedings in the case. An expert so
108	108	8 appointed shall examine the defendant and make a report as
109	109	9 provided in Section 104-15. Upon the filing with the court of a
110	110	10 verified statement of services rendered, the court shall enter
111	111	11 an order directed to the county board to pay such expert a
112	112	12 reasonable fee as stated in the order.
113	113	13 (b) (Blank). Upon request of the defendant that a
114	114	14 qualified expert be appointed to examine him or her to
115	115	15 determine prior to trial if a bonafide doubt as to his or her
116	116	16 fitness to stand trial may be raised, the court, in its
117	117	17 discretion, may order an appropriate examination. However, no
118	118	18 order entered pursuant to this subsection shall prevent
119	119	19 further proceedings in the case. An expert so appointed shall
120	120	20 examine the defendant and make a report as provided in Section
121	121	21 104-15. Upon the filing with the court of a verified statement
122	122	22 of services rendered, the court shall enter an order on the
123	123	23 county board to pay such expert a reasonable fee stated in the
124	124	24 order.
125	125	25 (c) When a bona fide bonafide doubt of the defendant's
126	126	26 fitness has been raised, the burden of proving that the
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137	137	1 defendant is fit by a preponderance of the evidence and the
138	138	2 burden of going forward with the evidence are on the State.
139	139	3 However, the court may call its own witnesses and conduct its
140	140	4 own inquiry.
141	141	5 (d) Following a finding of unfitness, the court may hear
142	142	6 and rule on any pretrial motion or motions if the defendant's
143	143	7 presence is not essential to a fair determination of the
144	144	8 issues. A motion may be reheard upon a showing that evidence is
145	145	9 available which was not previously available, due to the
146	146	10 defendant's unfitness, when the motion was first decided.
147	147	11 (Source: P.A. 81-1217.)
148	148	12 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
149	149	13 Sec. 104-13. Fitness examination.
150	150	14 (a) When the issue of fitness involves the defendant's
151	151	15 mental condition, the court shall order an examination of the
152	152	16 defendant by one or more licensed physicians, clinical
153	153	17 psychologists, or psychiatrists chosen by the court. No
154	154	18 physician, or other person clinical psychologist or
155	155	19 psychiatrist employed by the Department of Human Services
156	156	20 shall be ordered to perform, in the person's his official
157	157	21 capacity, an examination under this subsection Section.
158	158	22 (b) If the issue of fitness involves the defendant's
159	159	23 physical condition, the court shall appoint one or more
160	160	24 physicians and in addition, such other experts as it may deem
161	161	25 appropriate to examine the defendant and to report to the
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172	172	1 court regarding the defendant's condition. No physician or
173	173	2 other person employed by the Department of Human Services
174	174	3 shall be ordered to perform, in the person's official
175	175	4 capacity, an examination under this subsection.
176	176	5 (c) An initial fitness examination ordered under this
177	177	6 Section shall be given at the place designated by the person
178	178	7 who will conduct the examination, except that if the defendant
179	179	8 is being held in custody, the examination shall take place at
180	180	9 such location as the court directs. Unless the person is
181	181	10 already in the custody of the Department of Human Services, no
182	182	11 No examinations under this Section shall be ordered to take
183	183	12 place at mental health or developmental disabilities
184	184	13 facilities operated by the Department of Human Services. If
185	185	14 the defendant fails to keep appointments without reasonable
186	186	15 cause or if the county expert person conducting the
187	187	16 examination reports to the court that diagnosis requires
188	188	17 hospitalization or extended observation, the court may order
189	189	18 the defendant admitted to an appropriate facility for an
190	190	19 examination, other than an initial fitness examination or
191	191	20 placement a screening examination, for not more than 7 days.
192	192	21 The court may, upon a showing of good cause, grant an
193	193	22 additional 7 days to complete the examination and submit a
194	194	23 diagnosis to the court.
195	195	24 (d) Release on pretrial release or on recognizance shall
196	196	25 not be revoked and an application therefor shall not be denied
197	197	26 on the grounds that an examination has been ordered, unless
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208	208	1 the court has determined that the defendant must remain in
209	209	2 custody for the defendant's own safety or the safety of
210	210	3 others.
211	211	4 (e) Upon request by the defense and if the defendant is
212	212	5 indigent, the court may appoint, in addition to the expert or
213	213	6 experts chosen pursuant to subsection (a) of this Section, a
214	214	7 qualified expert selected by the defendant to examine the
215	215	8 defendant him and to make a report as provided in Section
216	216	9 104-15. Upon the filing with the court of a verified statement
217	217	10 of services rendered, the court shall enter an order on the
218	218	11 county board to pay such expert a reasonable fee stated in the
219	219	12 order.
220	220	13 (Source: P.A. 101-652, eff. 1-1-23.)
221	221	14 (725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
222	222	15 Sec. 104-14. Use of Statements Made During Examination or
223	223	16 Treatment.) (a) Statements made by the defendant and
224	224	17 information gathered in the course of any examination or
225	225	18 treatment ordered under Section 104-13, 104-17 or 104-20 shall
226	226	19 not be admissible against the defendant unless the defendant
227	227	20 he raises the defense of insanity or the defense of drugged or
228	228	21 intoxicated condition, in which case they shall be admissible
229	229	22 only on the issue of whether the defendant he was insane,
230	230	23 drugged, or intoxicated. The refusal of the defendant to
231	231	24 cooperate in such examinations shall not preclude the raising
232	232	25 of the aforesaid defenses but shall preclude the defendant
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243	243	1 from offering expert evidence or testimony tending to support
244	244	2 such defenses if the expert evidence or testimony is based
245	245	3 upon the expert's examination of the defendant.
246	246	4 (b) Except as provided in paragraph (a) of this Section,
247	247	5 no statement made by the defendant in the course of any
248	248	6 examination or treatment ordered under Section 104-13, 104-17
249	249	7 or 104-20, which relates to the crime charged or to other
250	250	8 criminal acts, shall be disclosed by persons conducting the
251	251	9 examination or rendering the treatment, except to members of
252	252	10 the examining or treating team. The defendant, however, may
253	253	11 consent to the release of such information if the defendant is
254	254	12 competent to do so. , without the informed written consent of
255	255	13 the defendant, who is competent at the time of giving such
256	256	14 consent.
257	257	15 (c) The court shall advise the defendant of the
258	258	16 limitations on the use of any statements made or information
259	259	17 gathered in the course of the fitness examination or
260	260	18 subsequent treatment as provided in this Section. It shall
261	261	19 also advise the defendant him that the defendant he may refuse
262	262	20 to cooperate with the person conducting the examination, but
263	263	21 that such his refusal may be admitted admissible into evidence
264	264	22 on the issue of the defendant's his mental or physical
265	265	23 condition.
266	266	24 (Source: P.A. 81-1217.)
267	267	25 (725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
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278	278	1 Sec. 104-15. Initial fitness report Report.
279	279	2 (a) The person or persons conducting an initial fitness
280	280	3 examination of the defendant, pursuant to paragraph (a) or (b)
281	281	4 of Section 104-13 shall submit a written report to the court,
282	282	5 the State, and the defense within 30 days of the date of the
283	283	6 order. The report shall include:
284	284	7 (1) A diagnosis and an explanation as to how it was
285	285	8 reached and the facts upon which it is based;
286	286	9 (2) A description of the defendant's mental or
287	287	10 physical disability, if any; its severity; and an opinion
288	288	11 as to whether and to what extent it impairs the
289	289	12 defendant's ability to understand the nature and purpose
290	290	13 of the proceedings against the defendant him or to
291	291	14 meaningfully assist in the defendant's his defense, or
292	292	15 both.
293	293	16 (b) A person who, due to any of organic brain disease,
294	294	17 alcohol or substance use, cannabis use, antisocial personality
295	295	18 disorder or repeated criminal behavior may not be deemed unfit
296	296	19 under this Section unless accompanied by a mental health or
297	297	20 developmental disabilities diagnosis. Unfitness due to a
298	298	21 mental condition may be found if the defendant would benefit
299	299	22 from treatment in either a mental health or developmental
300	300	23 disabilities facility. Unfitness due to a physical condition
301	301	24 may be found if the defendant would benefit from treatment in a
302	302	25 medical hospital or other residential care facility or program
303	303	26 for the rehabilitation of persons with physical disabilities.
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314	314	1 (c) (b) If the report indicates that the defendant is not
315	315	2 fit to stand trial or to plead because of a disability, the
316	316	3 report shall include an opinion as to the likelihood of the
317	317	4 defendant attaining fitness within the statutory a period of
318	318	5 time from the date of the finding of unfitness if provided with
319	319	6 a course of treatment. For a defendant charged with a felony,
320	320	7 the period of time shall be one year. For a defendant charged
321	321	8 with a Class A or Class B misdemeanor, the period of time shall
322	322	9 be no longer than the maximum term of imprisonment for the most
323	323	10 serious offense. Defendants charged with Class C misdemeanors,
324	324	11 petty offenses, infraction of a municipal ordinance, or
325	325	12 violation of the Illinois Vehicle Code are not eligible for
326	326	13 fitness restoration services, unless the penalty may include
327	327	14 incarceration for a period of 180 days or longer. If the person
328	328	15 or persons preparing the initial fitness report are unable to
329	329	16 form such an opinion, the report shall state the reasons
330	330	17 therefor. The report shall may include a general description
331	331	18 of the type of treatment needed and of the least physically
332	332	19 restrictive form of treatment therapeutically appropriate. If
333	333	20 the most serious charge facing the defendant is a misdemeanor
334	334	21 and inpatient treatment is recommended, the report shall state
335	335	22 reasons why outpatient treatment is not appropriate.
336	336	23 (d) (c) The initial fitness report shall indicate what
337	337	24 information, if any, contained therein may be harmful to the
338	338	25 mental condition of the defendant if made known to the
339	339	26 defendant and the court may determine if the defendant is
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350	350	1 restricted from receiving the report. him.
351	351	2 (e) (d) In addition to the report, a person retained or
352	352	3 appointed by the court State or the defense to conduct an
353	353	4 initial fitness examination under Section 104-13 shall, upon
354	354	5 written request, make the defendant's his or her notes, other
355	355	6 evaluations reviewed or relied upon by the testifying witness,
356	356	7 and any videotaped interviews available to another examiner of
357	357	8 the defendant. All forensic interviews conducted by a person
358	358	9 retained or appointed by the court State or the defense shall
359	359	10 be videotaped unless doing so would be impractical. In the
360	360	11 event that the interview is not videotaped, the examiner may
361	361	12 still testify as to the person's fitness and the court may only
362	362	13 consider the lack of compliance in according the weight and
363	363	14 not the admissibility of the expert testimony. An examiner may
364	364	15 use these materials as part of the defendant's his or her
365	365	16 diagnosis and explanation but shall not otherwise disclose the
366	366	17 contents, including at a hearing before the court, except as
367	367	18 otherwise provided in Section 104-14 of this Code.
368	368	19 (Source: P.A. 100-424, eff. 1-1-18.)
369	369	20 (725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
370	370	21 Sec. 104-16. Fitness Hearing.) (a) The court court
371	371	22 shall conduct a hearing to determine the issue of the
372	372	23 defendant's fitness within 45 days of receipt of the final
373	373	24 written report of the person or persons conducting the
374	374	25 examination or upon conclusion of the matter then pending
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385	385	1 before it, subject to continuances allowed pursuant to Section
386	386	2 114-4 of this Act.
387	387	3 (b) Subject to the rules of evidence, matters admissible
388	388	4 on the issue of the defendant's fitness include, but are not
389	389	5 limited to, the following:
390	390	6 (1) The defendant's knowledge and understanding of the
391	391	7 charge, the proceedings, the consequences of a plea, judgment
392	392	8 or sentence, and the functions of the participants in the
393	393	9 trial process;
394	394	10 (2) The defendant's ability to observe, recollect and
395	395	11 relate occurrences, especially those concerning the incidents
396	396	12 alleged, and to effectively communicate with counsel;
397	397	13 (3) The defendant's social behavior and abilities;
398	398	14 orientation as to time and place; recognition of persons,
399	399	15 places and things; and performance of motor processes.
400	400	16 (c) The defendant has the right to be present at every
401	401	17 hearing on the issue of his fitness. The defendant's presence
402	402	18 may be waived only if there is filed with the court a
403	403	19 certificate stating that the defendant is physically unable to
404	404	20 be present due to a disability and the reasons therefor. The
405	405	21 certificate shall be signed by a licensed physician, physician
406	406	22 assistant, or nurse practitioner who, within 7 days, has
407	407	23 examined the defendant. A disability is a mental or physical
408	408	24 condition that, in the opinion of a physician, physician
409	409	25 assistant, or nurse practitioner, prevents the defendant from
410	410	26 safely attending a hearing in person. The defendant's mere
411	411
412	412
413	413
414	414
415	415
416	416	SB2373 - 11 - LRB104 10122 RLC 20194 b
417	417
418	418
419	419	SB2373- 12 -LRB104 10122 RLC 20194 b SB2373 - 12 - LRB104 10122 RLC 20194 b
420	420	SB2373 - 12 - LRB104 10122 RLC 20194 b
421	421	1 refusal to attend a hearing shall not by itself constitute a
422	422	2 disability, regardless of the person's mental state.
423	423	3 (d) On the basis of the evidence before it, the court or
424	424	4 jury shall determine whether the defendant is fit to stand
425	425	5 trial, or to plead, or to be sentenced. If it finds that the
426	426	6 defendant is unfit, the court or the jury shall determine
427	427	7 whether there is substantial probability that the defendant,
428	428	8 if provided with a course of treatment, will attain fitness
429	429	9 within one year, except if the defendant is facing either a
430	430	10 Class A or B misdemeanors, in which case the period of time
431	431	11 shall be no longer than the maximum for the most serious
432	432	12 offense. If the court or the jury finds that there is not a
433	433	13 substantial probability, the court shall proceed as provided
434	434	14 in Section 104-23. If such probability is found or if the court
435	435	15 or the jury is unable to determine whether a substantial
436	436	16 probability exists, the court shall order the defendant to
437	437	17 undergo treatment for the purpose of rendering the defendant
438	438	18 him fit. In the event that a defendant is ordered to undergo
439	439	19 treatment with when there has been no initial determination as
440	440	20 to the probability of his attaining fitness within the
441	441	21 statutory timeframe, the court shall conduct a hearing as soon
442	442	22 as possible following the receipt of the treatment
443	443	23 supervisor's report filed pursuant to subsection (g) paragraph
444	444	24 (d) of Section 104-17, unless the hearing is waived by the
445	445	25 defense, and shall make a determination as to whether a
446	446	26 substantial probability of attaining fitness within the
447	447
448	448
449	449
450	450
451	451
452	452	SB2373 - 12 - LRB104 10122 RLC 20194 b
453	453
454	454
455	455	SB2373- 13 -LRB104 10122 RLC 20194 b SB2373 - 13 - LRB104 10122 RLC 20194 b
456	456	SB2373 - 13 - LRB104 10122 RLC 20194 b
457	457	1 statutory timeframe exists. If the court or the jury finds
458	458	2 that there is not a substantial probability that the defendant
459	459	3 may be rendered fit within the statutory limitations, the
460	460	4 court shall proceed as provided in Section 104-23.
461	461	5 (e) An order finding the defendant unfit is a final order
462	462	6 for purposes of appeal by the State or the defendant.
463	463	7 (Source: P.A. 81-1217.)
464	464	8 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
465	465	9 Sec. 104-17. Commitment for treatment; treatment plan.
466	466	10 (a) If the defendant is eligible to be or has been released
467	467	11 on pretrial release or on the defendant's his own
468	468	12 recognizance, the court shall select the least physically
469	469	13 restrictive form of treatment therapeutically appropriate and
470	470	14 consistent with the safety of the defendant or the safety of
471	471	15 others. treatment plan. The treatment placement may be ordered
472	472	16 on either on an inpatient or an outpatient basis.
473	473	17 (b) If the defendant defendant's is unfit due to mental
474	474	18 illness or developmental disability as identified in the
475	475	19 Mental Health and Developmental Disabilities Code disability
476	476	20 is mental, the court may order the defendant into the him
477	477	21 placed for secure treatment in the custody of the Department
478	478	22 of Human Services. , or The the court may also order the
479	479	23 defendant to be him placed in the custody of any other
480	480	24 appropriate public or private mental health facility or
481	481	25 treatment program which has agreed to provide treatment to the
482	482
483	483
484	484
485	485
486	486
487	487	SB2373 - 13 - LRB104 10122 RLC 20194 b
488	488
489	489
490	490	SB2373- 14 -LRB104 10122 RLC 20194 b SB2373 - 14 - LRB104 10122 RLC 20194 b
491	491	SB2373 - 14 - LRB104 10122 RLC 20194 b
492	492	1 defendant. If the defendant is remanded to the custody of the
493	493	2 Department of Human Services for inpatient services, the
494	494	3 defendant shall be placed in a secure setting. During the
495	495	4 period of time required to determine bed and placement
496	496	5 availability at the designated facility, the defendant shall
497	497	6 remain in jail and the pretrial release provisions of Section
498	498	7 110-2 do not apply. If the most serious charge faced by the
499	499	8 defendant is a Class A or Class B misdemeanor, the court shall
500	500	9 order outpatient treatment, unless the court finds good cause
501	501	10 on the record to order secure, inpatient treatment. If the
502	502	11 court orders the defendant to inpatient treatment in the
503	503	12 custody of the Department of Human Services, the Department
504	504	13 shall conduct a placement screening evaluate the defendant to
505	505	14 determine the most appropriate placement option for secure
506	506	15 facility to receive the defendant and, within 20 days of the
507	507	16 successful transmittal by the clerk of the circuit court of
508	508	17 the court's placement order, if inpatient treatment is most
509	509	18 appropriate, notify the court, the State and the defense court
510	510	19 of the designated secure facility to receive the defendant. In
511	511	20 such case, the The Department shall admit the defendant to a
512	512	21 secure facility within 60 days of the transmittal of the
513	513	22 court's remand court's placement order, unless the Department
514	514	23 can demonstrate good faith efforts at placement and a lack of
515	515	24 bed and placement availability. If placement cannot be made
516	516	25 within 60 days of successful the transmittal of the court's
517	517	26 remand court's placement order and the Department has
518	518
519	519
520	520
521	521
522	522
523	523	SB2373 - 14 - LRB104 10122 RLC 20194 b
524	524
525	525
526	526	SB2373- 15 -LRB104 10122 RLC 20194 b SB2373 - 15 - LRB104 10122 RLC 20194 b
527	527	SB2373 - 15 - LRB104 10122 RLC 20194 b
528	528	1 demonstrated good faith efforts at placement and a lack of bed
529	529	2 and placement availability, the Department shall provide the
530	530	3 court, the State, and the defense with an update and shall
531	531	4 continue an update to update the ordering court, the State and
532	532	5 the defense court every 30 days thereafter until the defendant
533	533	6 is placed. Once bed and placement availability is determined,
534	534	7 the Department shall notify the sheriff who shall promptly
535	535	8 transport the defendant to the designated facility. If the
536	536	9 defendant is placed in the custody of the Department of Human
537	537	10 Services, the defendant shall be placed in a secure setting.
538	538	11 During the period of time required to determine bed and
539	539	12 placement availability at the designated facility, the
540	540	13 defendant shall remain in jail. If during the course of
541	541	14 screening evaluating the defendant for placement, the
542	542	15 Department of Human Services determines that the defendant is
543	543	16 currently fit to stand trial, suitable for outpatient
544	544	17 treatment, or unfit without a substantial probability of being
545	545	18 rendered fit within the statutory timeframe, it shall
546	546	19 immediately notify the court, the State, and the defense court
547	547	20 and shall submit a written report within 7 days. In any of
548	548	21 those circumstances, that circumstance the placement shall be
549	549	22 held pending a court hearing on the Department's report.
550	550	23 Otherwise, upon completion of the placement process, including
551	551	24 identifying bed and placement availability, the sheriff shall
552	552	25 be notified and shall transport the defendant to the
553	553	26 designated facility. If, within 60 days of the successful
554	554
555	555
556	556
557	557
558	558
559	559	SB2373 - 15 - LRB104 10122 RLC 20194 b
560	560
561	561
562	562	SB2373- 16 -LRB104 10122 RLC 20194 b SB2373 - 16 - LRB104 10122 RLC 20194 b
563	563	SB2373 - 16 - LRB104 10122 RLC 20194 b
564	564	1 transmittal by the clerk of the circuit court of the court's
565	565	2 remand court's placement order, the Department has not
566	566	3 provided the court fails to provide the sheriff with notice of
567	567	4 bed and placement availability at the designated facility, the
568	568	5 sheriff shall contact the Department to inquire about when a
569	569	6 placement will become available at the designated facility as
570	570	7 well as bed and placement availability at other secure
571	571	8 facilities. The Department shall respond to the sheriff within
572	572	9 2 business days of the notice and inquiry by the sheriff
573	573	10 seeking the transfer and the Department shall provide the
574	574	11 sheriff with the status of the placement screening, currently
575	575	12 designated facility evaluation, information on bed and
576	576	13 placement availability, and an estimated date of admission for
577	577	14 the defendant, and any changes to the that estimated date of
578	578	15 admission. If the Department notifies the sheriff during the 2
579	579	16 business day period of an alternate secure a facility operated
580	580	17 by the Department with current placement availability, the
581	581	18 sheriff shall promptly transport the defendant to that
582	582	19 facility. The placement may be ordered either on an inpatient
583	583	20 or an outpatient basis.
584	584	21 (c) If the defendant's disability is physical, the court
585	585	22 may order placement at a medical hospital or other residential
586	586	23 care facility or program that has agreed to provide treatment
587	587	24 to the defendant. Only such physical conditions that may be
588	588	25 overcome by special assistance or provisions as referenced in
589	589	26 Section 104-22 qualify as physical disabilities under this
590	590
591	591
592	592
593	593
594	594
595	595	SB2373 - 16 - LRB104 10122 RLC 20194 b
596	596
597	597
598	598	SB2373- 17 -LRB104 10122 RLC 20194 b SB2373 - 17 - LRB104 10122 RLC 20194 b
599	599	SB2373 - 17 - LRB104 10122 RLC 20194 b
600	600	1 subsection. him placed under the supervision of the Department
601	601	2 of Human Services which shall place and maintain the defendant
602	602	3 in a suitable treatment facility or program, or the court may
603	603	4 order him placed in an appropriate public or private facility
604	604	5 or treatment program which has agreed to provide treatment to
605	605	6 the defendant. The placement may be ordered either on an
606	606	7 inpatient or an outpatient basis.
607	607	8 (d) If the defendant with mental disabilities is ordered
608	608	9 to outpatient treatment, the defendant shall be released from
609	609	10 custody with instructions to contact the Department of Human
610	610	11 Services to schedule the receipt of restoration services in
611	611	12 the community. A defendant who either fails to arrange for the
612	612	13 receipt of community restoration services or whom the
613	613	14 Department reports has failed to comply in any other respect
614	614	15 with the outpatient treatment order shall be remanded to the
615	615	16 Department pursuant to subsection (b) hereof to receive
616	616	17 inpatient services at a secure facility designated by the
617	617	18 Department.
618	618	19 (e) If the defendant is unfit due to any condition other
619	619	20 than a mental or physical condition as defined in Section
620	620	21 102-24, the court may order the defendant placed in a suitable
621	621	22 public or private treatment facility or program that has
622	622	23 agreed to provide treatment to the defendant. No person who
623	623	24 has not been determined to be unfit due to a mental or physical
624	624	25 condition identified in Section 102-24 may be placed in a
625	625	26 facility operated by the Department of Human Services.
626	626
627	627
628	628
629	629
630	630
631	631	SB2373 - 17 - LRB104 10122 RLC 20194 b
632	632
633	633
634	634	SB2373- 18 -LRB104 10122 RLC 20194 b SB2373 - 18 - LRB104 10122 RLC 20194 b
635	635	SB2373 - 18 - LRB104 10122 RLC 20194 b
636	636	1 (f) (d) The clerk of the circuit court shall within 5 days
637	637	2 of the entry of the order transmit to the Department,
638	638	3 hospital, facility, agency or program institution, if any, to
639	639	4 which the defendant is remanded for treatment, the following:
640	640	5 (1) a certified copy of the order to undergo
641	641	6 treatment. Accompanying the certified copy of the order to
642	642	7 undergo treatment shall be the complete copy of any
643	643	8 initial fitness report prepared under Section 104-15 of
644	644	9 this Code or other report prepared by a forensic examiner
645	645	10 for the court;
646	646	11 (2) the county and municipality in which the offense
647	647	12 was committed;
648	648	13 (3) the county and municipality in which the arrest
649	649	14 took place;
650	650	15 (4) a copy of the arrest report, criminal charges,
651	651	16 arrest record; and
652	652	17 (5) an order authorizing the Department, hospital,
653	653	18 facility or program to contact and receive information
654	654	19 from prior and current treatment providers and the
655	655	20 defendant's family concerning prior admissions, treatment,
656	656	21 medications and behaviors; and
657	657	22 (6) (5) all additional matters which the Court directs
658	658	23 the clerk to transmit.
659	659	24 (g) (e) Within 30 days of admission to the hospital,
660	660	25 facility or program designated under this Section facility,
661	661	26 the person supervising the defendant's treatment shall submit
662	662
663	663
664	664
665	665
666	666
667	667	SB2373 - 18 - LRB104 10122 RLC 20194 b
668	668
669	669
670	670	SB2373- 19 -LRB104 10122 RLC 20194 b SB2373 - 19 - LRB104 10122 RLC 20194 b
671	671	SB2373 - 19 - LRB104 10122 RLC 20194 b
672	672	1 to file with the court, the State, and the defense a report
673	673	2 assessing the hospital's, facility's or program's capacity to
674	674	3 provide appropriate treatment for the defendant and indicating
675	675	4 an his opinion as to the probability of the defendant's
676	676	5 attaining fitness within a period of time from the date of the
677	677	6 finding of unfitness. For a defendant charged with a felony,
678	678	7 the period of time shall be one year. For a defendant charged
679	679	8 with a Class A or Class B misdemeanor, the period of time shall
680	680	9 be no longer than the sentence if convicted of the most serious
681	681	10 offense. Defendants charged with Class C misdemeanors, petty
682	682	11 offenses, infraction of a municipal ordinance, or violation of
683	683	12 the Illinois Vehicle Code are not eligible for fitness
684	684	13 restoration services, unless the statutory penalty therefor
685	685	14 may include a sentence for a period of 180 days or longer. If
686	686	15 the report indicates that there is a substantial probability
687	687	16 that the defendant will attain fitness within the statutory
688	688	17 time period, the treatment supervisor shall also submit file a
689	689	18 treatment plan which shall include:
690	690	19 (1) A diagnosis of the defendant's disability;
691	691	20 (2) A description of treatment goals with respect to
692	692	21 rendering the defendant fit, a specification of the
693	693	22 proposed treatment modalities, and an estimated timetable
694	694	23 for attainment of the goals;
695	695	24 (3) An identification of the person in charge of
696	696	25 supervising the defendant's treatment.
697	697	26 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
698	698
699	699
700	700
701	701
702	702
703	703	SB2373 - 19 - LRB104 10122 RLC 20194 b
704	704
705	705
706	706	SB2373- 20 -LRB104 10122 RLC 20194 b SB2373 - 20 - LRB104 10122 RLC 20194 b
707	707	SB2373 - 20 - LRB104 10122 RLC 20194 b
708	708	1 (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
709	709	2 Sec. 104-18. Progress reports.
710	710	3 (a) The treatment supervisor shall submit a written
711	711	4 progress report to the court, the State, and the defense:
712	712	5 (1) At least 7 days prior to the date for any hearing
713	713	6 on the issue of the defendant's fitness, provided the
714	714	7 treatment supervisor has been notified by the court of
715	715	8 such date sufficiently in advance;;
716	716	9 (2) Whenever the treatment supervisor he believes that
717	717	10 the defendant has attained fitness;
718	718	11 (3) Whenever there is an opinion by the treatment
719	719	12 supervisor he believes that there is not a substantial
720	720	13 probability that the defendant will attain fitness, with
721	721	14 treatment, within the statutory time period set in
722	722	15 subsection (e) of Section 104-17 of this Code from the
723	723	16 date of the original finding of unfitness.
724	724	17 (b) The progress report shall contain:
725	725	18 (1) The clinical findings of the treatment supervisor
726	726	19 and the facts upon which the findings are based;
727	727	20 (2) The opinion of the treatment supervisor as to
728	728	21 whether the defendant has attained fitness, or as to
729	729	22 whether the defendant is making progress, under treatment,
730	730	23 toward attaining fitness within the statutory time period
731	731	24 set in subsection (e) of Section 104-17 of this Code from
732	732	25 the date of the original finding of unfitness, or there is
733	733
734	734
735	735
736	736
737	737
738	738	SB2373 - 20 - LRB104 10122 RLC 20194 b
739	739
740	740
741	741	SB2373- 21 -LRB104 10122 RLC 20194 b SB2373 - 21 - LRB104 10122 RLC 20194 b
742	742	SB2373 - 21 - LRB104 10122 RLC 20194 b
743	743	1 not a substantially probability that the defendant will
744	744	2 attain fitness within the statutory time period;
745	745	3 (3) If the defendant is receiving medication,
746	746	4 information from the prescribing physician indicating the
747	747	5 type, the dosage and the effect of the medication on the
748	748	6 defendant's appearance, actions and demeanor.
749	749	7 (c) Whenever the court is sent a report from the
750	750	8 supervisor of the defendant's treatment under either paragraph
751	751	9 (2) or (3) of subsection (a) of this Section it shall, within
752	752	10 48 hours, enter an order upon the sheriff to return the
753	753	11 defendant to the county jail. Upon receipt of such order, the
754	754	12 treatment supervisor provider shall arrange directly with the
755	755	13 county sheriff jail for the immediate return of the defendant
756	756	14 to the county jail as provided under subsection (e) of Section
757	757	15 104-20 of this Code.
758	758	16 (d) Whenever the court receives a report from the
759	759	17 defendant's treatment supervisor pursuant to paragraph (2) or
760	760	18 (3) of subsection (a), the court shall forthwith set the
761	761	19 matter for a first hearing within 14 days, unless good cause is
762	762	20 demonstrated why the hearing cannot be held within that time
763	763	21 and shall set the hearing at the first available opportunity
764	764	22 thereafter.
765	765	23 (Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
766	766	24 (725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
767	767	25 Sec. 104-19. Records.) Any report submitted to filed of
768	768
769	769
770	770
771	771
772	772
773	773	SB2373 - 21 - LRB104 10122 RLC 20194 b
774	774
775	775
776	776	SB2373- 22 -LRB104 10122 RLC 20194 b SB2373 - 22 - LRB104 10122 RLC 20194 b
777	777	SB2373 - 22 - LRB104 10122 RLC 20194 b
778	778	1 record with the court concerning diagnosis, treatment or
779	779	2 treatment plans made pursuant to this Article shall not be
780	780	3 placed in the defendant's court record, but shall be
781	781	4 maintained separately by the clerk of the court and shall be
782	782	5 available only to the court or an appellate court, the State
783	783	6 and the defense, the Department, a hospital, facility or
784	784	7 program which is providing treatment to the defendant pursuant
785	785	8 to an order of the court or such other persons as the court may
786	786	9 direct.
787	787	10 (Source: P.A. 81-1217.)
788	788	11 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
789	789	12 Sec. 104-20. Ninety-day hearings; continuing treatment.)
790	790	13 (a) Upon entry or continuation of any order to undergo
791	791	14 fitness restoration treatment, the court shall set a date for
792	792	15 hearing to reexamine the issue of the defendant's fitness not
793	793	16 more than 90 days from the original finding of unfitness and at
794	794	17 90-day intervals thereafter. The clerk of the circuit court
795	795	18 shall notify the hospital, facility or program providing
796	796	19 treatment to the defendant of all upcoming hearing dates. In
797	797	20 addition, whenever the court receives a report from the
798	798	21 supervisor of the defendant's treatment pursuant to
799	799	22 subparagraph (3) of paragraph (a) of Section 104-18, the court
800	800	23 shall forthwith set the matter for a first hearing within 14
801	801	24 days unless good cause is demonstrated why the hearing cannot
802	802	25 be held. Unless waived by the defense, on On the date set or
803	803
804	804
805	805
806	806
807	807
808	808	SB2373 - 22 - LRB104 10122 RLC 20194 b
809	809
810	810
811	811	SB2373- 23 -LRB104 10122 RLC 20194 b SB2373 - 23 - LRB104 10122 RLC 20194 b
812	812	SB2373 - 23 - LRB104 10122 RLC 20194 b
813	813	1 upon conclusion of the matter then pending before it, the
814	814	2 court, sitting without a jury, shall conduct a hearing, unless
815	815	3 waived by the defense, and shall determine:
816	816	4 (1) Whether the defendant is fit to stand trial or to
817	817	5 plead; or and if not,
818	818	6 (2) Whether the defendant is making progress under
819	819	7 treatment toward attainment of fitness within the
820	820	8 statutory time period set in subsection (e) of Section
821	821	9 104-17 of this Code from the date of the original finding
822	822	10 of unfitness; or .
823	823	11 (3) Whether there is not a substantial probability
824	824	12 that the defendant may be restored to fitness within the
825	825	13 statutory timeframe.
826	826	14 (b) If the court finds the defendant to be fit pursuant to
827	827	15 this Section, the court shall set the matter for trial and if
828	828	16 in secure custody, order that the defendant be returned to the
829	829	17 county to stand trial. ; provided that if the defendant is in
830	830	18 need of continued care or treatment and the supervisor of the
831	831	19 defendant's treatment agrees to continue to provide it, the
832	832	20 court may enter any order it deems appropriate for the
833	833	21 continued care or treatment of the defendant by the facility
834	834	22 or program pending the conclusion of the criminal proceedings.
835	835	23 (c) If the court finds that the defendant is still unfit
836	836	24 but that the defendant he is making progress toward attaining
837	837	25 fitness, the court may continue or modify the its original
838	838	26 treatment order entered pursuant to Section 104-17.
839	839
840	840
841	841
842	842
843	843
844	844	SB2373 - 23 - LRB104 10122 RLC 20194 b
845	845
846	846
847	847	SB2373- 24 -LRB104 10122 RLC 20194 b SB2373 - 24 - LRB104 10122 RLC 20194 b
848	848	SB2373 - 24 - LRB104 10122 RLC 20194 b
849	849	1 (d) If the court finds that the defendant is still unfit
850	850	2 and that the defendant he is not making progress toward
851	851	3 attaining fitness such that there is not a substantial
852	852	4 probability that the defendant he will attain fitness within
853	853	5 the time statutory period set in subsection (e) of Section
854	854	6 104-17 of this Code from the date of the original finding of
855	855	7 unfitness, if in secure custody, the court shall order that
856	856	8 the defendant be returned to the county and shall otherwise
857	857	9 proceed pursuant to Section 104-23. However, if the defendant
858	858	10 is in need of continued care and treatment and the supervisor
859	859	11 of the defendant's treatment agrees to continue to provide it,
860	860	12 the court may enter any order it deems appropriate for the
861	861	13 continued care or treatment by the facility or program pending
862	862	14 the conclusion of the criminal proceedings.
863	863	15 (e) Whenever the court receives a report from the
864	864	16 supervisor of the defendant's treatment under paragraph (2) or
865	865	17 (3) of subsection (a) of Section 104-18 of this Code, the court
866	866	18 shall, within 48 hours, immediately enter an order directing
867	867	19 the sheriff to return the defendant to the county jail and set
868	868	20 the matter for trial. At any time thereafter, the issue of the
869	869	21 defendant's fitness can be raised again under Section 104-11
870	870	22 of this Code. If the court finds that the defendant is still
871	871	23 unfit after being recommended as fit by the supervisor of the
872	872	24 defendant's treatment and, that it is substantially probable
873	873	25 that the defendant may be restored to fitness within the
874	874	26 statutory timeframe, the court shall attach a copy of any
875	875
876	876
877	877
878	878
879	879
880	880	SB2373 - 24 - LRB104 10122 RLC 20194 b
881	881
882	882
883	883	SB2373- 25 -LRB104 10122 RLC 20194 b SB2373 - 25 - LRB104 10122 RLC 20194 b
884	884	SB2373 - 25 - LRB104 10122 RLC 20194 b
885	885	1 written report that identifies the relevant factors in favor
886	886	2 thereof the finding that the defendant continues to be unfit,
887	887	3 prepared by a licensed physician, clinical psychologist, or
888	888	4 psychiatrist, to the court order remanding the person for
889	889	5 further treatment.
890	890	6 (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
891	891	7 (725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
892	892	8 Sec. 104-21. Medication.
893	893	9 (a) A defendant who is ordered into the custody of the
894	894	10 Department of Human Services after a finding of unfitness is
895	895	11 subject to the involuntary administration of medication under
896	896	12 Section 2-107.1 of the Mental Health and Developmental
897	897	13 Disabilities Code. The petition may be filed in either the
898	898	14 county where the defendant is located or with the court having
899	899	15 jurisdiction over the defendant. A defendant receiving
900	900	16 psychotropic drugs shall not be presumed to be unfit to stand
901	901	17 trial solely by virtue of the receipt of those drugs or
902	902	18 medications.
903	903	19 (a-5) The court-ordered custodian of a defendant who is
904	904	20 subject to the involuntary administration of medication under
905	905	21 this Section shall be entitled to receive the treatment notes,
906	906	22 records, and reports relative to the defendant upon written
907	907	23 request. A prior treatment provider who is provided with a
908	908	24 copy of the court's custody order shall respond to the
909	909	25 custodian's records request within 5 business days. No records
910	910
911	911
912	912
913	913
914	914
915	915	SB2373 - 25 - LRB104 10122 RLC 20194 b
916	916
917	917
918	918	SB2373- 26 -LRB104 10122 RLC 20194 b SB2373 - 26 - LRB104 10122 RLC 20194 b
919	919	SB2373 - 26 - LRB104 10122 RLC 20194 b
920	920	1 received pursuant to this Section may be used for any purposes
921	921	2 except to determine whether the defendant meets the criteria
922	922	3 for court-ordered treatment under Section 2-107.1 or to
923	923	4 prepare for and participate in hearings under Section 2-107.1.
924	924	5 (a-7) A petition filed on behalf of a defendant who is in
925	925	6 custody under this Article shall be heard within 7 days,
926	926	7 unless good cause is stated on the record why the hearing
927	927	8 cannot be so held within the statutory timeframe. In no event,
928	928	9 however, shall such hearing be delayed beyond 14 days from the
929	929	10 date the petition is filed. The court shall adjudicate the
930	930	11 petition within 3 working days of the conclusion of the
931	931	12 medication hearing.
932	932	13 (b) Whenever a defendant who is receiving medication under
933	933	14 medical direction is transferred between a place of custody
934	934	15 and a treatment facility or program, a written report from the
935	935	16 prescribing physician shall accompany the defendant. The
936	936	17 report shall state the type and dosage of the defendant's
937	937	18 medication and the duration of the prescription. The chief
938	938	19 officer of the place of custody or the treatment supervisor at
939	939	20 the facility or program shall ensure insure that such
940	940	21 medication is provided according to the directions of the
941	941	22 prescribing physician or until superseded by order of a
942	942	23 physician who has examined the defendant.
943	943	24 (c) (Blank). If a defendant refuses psychotropic
944	944	25 medication, it may be administered over the defendant's
945	945	26 objections in accord with the Mental Health and Developmental
946	946
947	947
948	948
949	949
950	950
951	951	SB2373 - 26 - LRB104 10122 RLC 20194 b
952	952
953	953
954	954	SB2373- 27 -LRB104 10122 RLC 20194 b SB2373 - 27 - LRB104 10122 RLC 20194 b
955	955	SB2373 - 27 - LRB104 10122 RLC 20194 b
956	956	1 Disabilities Code. If court authorized medications are sought,
957	957	2 the petition, prepared in accord with Section 2-107.1 of the
958	958	3 Mental Health and Developmental Disabilities Code may be filed
959	959	4 in the county where the defendant is located or with the court
960	960	5 having jurisdiction over the defendant.
961	961	6 (Source: P.A. 98-1025, eff. 8-22-14.)
962	962	7 (725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
963	963	8 Sec. 104-22. Trial with special provisions and
964	964	9 assistance.) (a) On motion of the defendant, the State or on
965	965	10 the court's own accord motion, the court shall determine
966	966	11 whether special provisions or assistance will render the
967	967	12 defendant fit to stand trial as defined in Section 104-10.
968	968	13 (b) Such special provisions or assistance may include but
969	969	14 are not limited to:
970	970	15 (1) The administration of medication.
971	971	16 (2) (1) Appointment of qualified translators who shall
972	972	17 simultaneously translate all testimony at trial into
973	973	18 language understood by the defendant.
974	974	19 (3) (2) Appointment of experts qualified to assist a
975	975	20 defendant who because of a disability is unable to
976	976	21 understand the proceedings or communicate with the
977	977	22 defendant's his or her attorney.
978	978	23 (c) The case may proceed to trial only if the court
979	979	24 determines that such provisions or assistance compensate for a
980	980	25 defendant's disabilities so as to render the defendant fit as
981	981
982	982
983	983
984	984
985	985
986	986	SB2373 - 27 - LRB104 10122 RLC 20194 b
987	987
988	988
989	989	SB2373- 28 -LRB104 10122 RLC 20194 b SB2373 - 28 - LRB104 10122 RLC 20194 b
990	990	SB2373 - 28 - LRB104 10122 RLC 20194 b
991	991	1 defined in Section 104-10. In such cases the court shall state
992	992	2 for the record the following:
993	993	3 (1) The qualifications and experience of the experts or
994	994	4 other persons appointed to provide special assistance to the
995	995	5 defendant;
996	996	6 (2) The court's reasons for selecting or appointing the
997	997	7 particular experts or other persons to provide the special
998	998	8 assistance to the defendant;
999	999	9 (3) How the appointment of the particular expert or other
1000	1000	10 persons will serve the goal of rendering the defendant fit in
1001	1001	11 view of the appointee's qualifications and experience, taken
1002	1002	12 in conjunction with the particular disabilities of the
1003	1003	13 defendant; and
1004	1004	14 (4) Any other factors considered by the court in
1005	1005	15 determining that the defendant is fit with special provisions
1006	1006	16 or assistance. appointing that individual.
1007	1007	17 (Source: P.A. 81-1217.)
1008	1008	18 (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
1009	1009	19 Sec. 104-23. Unfit defendants. Cases involving an unfit
1010	1010	20 defendant who demands a discharge hearing or a defendant whom
1011	1011	21 the defendant's treatment supervisor has reported as unfit
1012	1012	22 without a substantial probability of attaining fitness within
1013	1013	23 the statutory time period who cannot become fit to stand trial
1014	1014	24 and for whom no special provisions or assistance can
1015	1015	25 compensate for the defendant's his disability and render the
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	SB2373 - 28 - LRB104 10122 RLC 20194 b
1022	1022
1023	1023
1024	1024	SB2373- 29 -LRB104 10122 RLC 20194 b SB2373 - 29 - LRB104 10122 RLC 20194 b
1025	1025	SB2373 - 29 - LRB104 10122 RLC 20194 b
1026	1026	1 defendant him fit shall proceed in the following manner:
1027	1027	2 (a) Upon a determination that there is not a substantial
1028	1028	3 probability that the defendant will attain fitness within the
1029	1029	4 time period set in subsection (e) of Section 104-17 of this
1030	1030	5 Code from the original finding of unfitness, the court The
1031	1031	6 court shall hold a discharge hearing within 14 60 days, unless
1032	1032	7 good cause is shown for the delay.
1033	1033	8 (b) If at the hearing at any time the court determines that
1034	1034	9 there is not a substantial probability that the defendant will
1035	1035	10 attain fitness become fit to stand trial or to plead within the
1036	1036	11 statutory time period it shall proceed as follows: set in
1037	1037	12 subsection (e) of Section 104-17 of this Code from the date of
1038	1038	13 the original finding of unfitness, or if at the end of the time
1039	1039	14 period set in subsection (e) of Section 104-17 of this Code
1040	1040	15 from that date the court finds the defendant still unfit and
1041	1041	16 for whom no special provisions or assistance can compensate
1042	1042	17 for his disabilities and render him fit, the State shall
1043	1043	18 request the court:
1044	1044	19 (1) To set the matter for a discharge hearing pursuant
1045	1045	20 to Section 104-25 104-25 unless a hearing has already been
1046	1046	21 held pursuant to paragraph (a) of this Section; or
1047	1047	22 (2) To release the defendant from custody and to
1048	1048	23 dismiss with prejudice the charges against the defendant
1049	1049	24 him; or
1050	1050	25 (3) To remand the defendant to the custody of the
1051	1051	26 Department of Human Services and order an involuntary
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	SB2373 - 29 - LRB104 10122 RLC 20194 b
1058	1058
1059	1059
1060	1060	SB2373- 30 -LRB104 10122 RLC 20194 b SB2373 - 30 - LRB104 10122 RLC 20194 b
1061	1061	SB2373 - 30 - LRB104 10122 RLC 20194 b
1062	1062	1 civil commitment a hearing to be conducted pursuant to the
1063	1063	2 provisions of the Mental Health and Developmental
1064	1064	3 Disabilities Code, as now or hereafter amended. The
1065	1065	4 Department of Human Services shall have 7 days from the
1066	1066	5 date it receives the defendant assess the individual and
1067	1067	6 if warranted, to prepare and file the necessary petition
1068	1068	7 and certificates that are required for commitment on an
1069	1069	8 inpatient or outpatient basis under the Mental Health and
1070	1070	9 Developmental Disabilities Code subject to a 7 day
1071	1071	10 extension upon a showing of good cause. If the defendant
1072	1072	11 is committed to the Department of Human Services pursuant
1073	1073	12 to such hearing, the court having jurisdiction over the
1074	1074	13 criminal matter shall dismiss the charges against the
1075	1075	14 defendant, with the leave to reinstate. In such cases the
1076	1076	15 Department of Human Services shall notify the court, the
1077	1077	16 State's attorney and the defense attorney upon the
1078	1078	17 discharge of the defendant. A former defendant so
1079	1079	18 committed shall be otherwise treated in the same manner as
1080	1080	19 any other civilly committed patient for all purposes
1081	1081	20 including admission, selection of the place of treatment
1082	1082	21 and the treatment modalities, entitlement to rights and
1083	1083	22 privileges, transfer, and discharge. If the defendant does
1084	1084	23 not qualify for involuntary commitment, but has expressed
1085	1085	24 a willingness to be admitted on a voluntary basis and the
1086	1086	25 facility director determines that the defendant is
1087	1087	26 clinically suitable for voluntary admission, the
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093	SB2373 - 30 - LRB104 10122 RLC 20194 b
1094	1094
1095	1095
1096	1096	SB2373- 31 -LRB104 10122 RLC 20194 b SB2373 - 31 - LRB104 10122 RLC 20194 b
1097	1097	SB2373 - 31 - LRB104 10122 RLC 20194 b
1098	1098	1 Department shall so advise the court, the State, and the
1099	1099	2 defense. The court may consider this factor in determining
1100	1100	3 whether to proceed under subparagraph (1) or (2) of
1101	1101	4 paragraph (b) of this Section. Should the court dismiss
1102	1102	5 with prejudice the charges against the defendant, the
1103	1103	6 defendant shall then be admission to the Department on a
1104	1104	7 voluntary basis pursuant to the Mental Health and
1105	1105	8 Developmental Disabilities Code. If a defendant who does
1106	1106	9 not qualify for involuntary commitment is unwilling or
1107	1107	10 unsuitable for voluntary admission, the Department shall
1108	1108	11 so advise the court, the State and the defense. Upon
1109	1109	12 receipt of such a notice, the court A defendant who is not
1110	1110	13 committed shall, within 48 hours, enter an order for the
1111	1111	14 sheriff to transport the defendant to the county jail be
1112	1112	15 remanded to the court having jurisdiction of the criminal
1113	1113	16 matter for further disposition pursuant to subparagraph
1114	1114	17 (1) or (2) of paragraph (b) of this Section.
1115	1115	18 (c) Where charges have not been dismissed with prejudice,
1116	1116	19 if If the defendant is later restored to fitness and the
1117	1117	20 original charges against him are reinstated, the speedy trial
1118	1118	21 provisions of Section 103-5 shall commence to run.
1119	1119	22 (Source: P.A. 102-1118, eff. 1-18-23.)
1120	1120	23 (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
1121	1121	24 Sec. 104-24. Time Credit. Time spent in custody pursuant
1122	1122	25 to orders issued under this Article Section 104-17 or 104-20
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128	SB2373 - 31 - LRB104 10122 RLC 20194 b
1129	1129
1130	1130
1131	1131	SB2373- 32 -LRB104 10122 RLC 20194 b SB2373 - 32 - LRB104 10122 RLC 20194 b
1132	1132	SB2373 - 32 - LRB104 10122 RLC 20194 b
1133	1133	1 or pursuant to a commitment to the Department of Human
1134	1134	2 Services following a finding of unfitness or incompetency
1135	1135	3 under prior law, shall be credited against any sentence
1136	1136	4 imposed on the defendant in the pending criminal case or in any
1137	1137	5 other case arising out of the same conduct. The court shall
1138	1138	6 calculate the time credit to be applied when considering the
1139	1139	7 maximum period of time that a defendant may remain in custody.
1140	1140	8 The Department of Human Services shall not be authorized to
1141	1141	9 independently apply or calculate time credit.
1142	1142	10 (Source: P.A. 89-507, eff. 7-1-97.)
1143	1143	11 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
1144	1144	12 Sec. 104-25. Discharge hearing.
1145	1145	13 (a) As provided for in paragraph (a) of Section 104-23 and
1146	1146	14 subparagraph (1) of paragraph (b) of Section 104-23 a hearing
1147	1147	15 to determine the sufficiency of the evidence shall be held.
1148	1148	16 Such hearing shall be conducted by the court without a jury.
1149	1149	17 The State and the defendant may introduce evidence relevant to
1150	1150	18 the question of defendant's guilt of the crime charged.
1151	1151	19 The court may admit hearsay or affidavit evidence on
1152	1152	20 secondary matters such as testimony to establish the chain of
1153	1153	21 possession of physical evidence, laboratory reports,
1154	1154	22 authentication of transcripts taken by official reporters,
1155	1155	23 court and business records, and public documents.
1156	1156	24 (b) If the evidence presented by the State does not prove
1157	1157	25 the defendant guilty beyond a reasonable doubt, the court
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	SB2373 - 32 - LRB104 10122 RLC 20194 b
1164	1164
1165	1165
1166	1166	SB2373- 33 -LRB104 10122 RLC 20194 b SB2373 - 33 - LRB104 10122 RLC 20194 b
1167	1167	SB2373 - 33 - LRB104 10122 RLC 20194 b
1168	1168	1 shall enter a judgment of acquittal; however nothing herein
1169	1169	2 shall prevent the State from requesting the court to commit
1170	1170	3 the defendant to the Department of Human Services under the
1171	1171	4 provisions of the Mental Health and Developmental Disabilities
1172	1172	5 Code.
1173	1173	6 (c) If after considering the evidence, the defendant is
1174	1174	7 found not guilty by reason of insanity, the court shall enter a
1175	1175	8 judgment of acquittal and the proceedings after acquittal by
1176	1176	9 reason of insanity under Section 5-2-4 of the Unified Code of
1177	1177	10 Corrections shall apply.
1178	1178	11 (d) If the discharge hearing does not result in an
1179	1179	12 acquittal of the charge under subsection (b) or (c), the
1180	1180	13 defendant may be remanded for further treatment and the
1181	1181	14 statutory one year time limit for restoration set forth in
1182	1182	15 Section 104-23 shall be extended as follows:
1183	1183	16 (1) If the most serious charge upon which the State
1184	1184	17 sustained its burden of proof was a Class 1 or Class X
1185	1185	18 felony, the treatment period may be extended up to a
1186	1186	19 maximum treatment period of 2 years;
1187	1187	20 (1.1) If the most serious charge upon which the State
1188	1188	21 sustained its burden of proof was if a Class 2, 3, or 4
1189	1189	22 felony, the treatment period may be extended up to a
1190	1190	23 maximum of 15 months;
1191	1191	24 (2) If the State sustained its burden of proof on a
1192	1192	25 charge of first degree murder, the treatment period may be
1193	1193	26 extended up to a maximum treatment period of 5 years.
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	SB2373 - 33 - LRB104 10122 RLC 20194 b
1200	1200
1201	1201
1202	1202	SB2373- 34 -LRB104 10122 RLC 20194 b SB2373 - 34 - LRB104 10122 RLC 20194 b
1203	1203	SB2373 - 34 - LRB104 10122 RLC 20194 b
1204	1204	1 (3) Defendants facing misdemeanor charges are not
1205	1205	2 subject to extension of the treatment period unless they
1206	1206	3 are also facing felony charges on the same conduct.
1207	1207	4 (e) Transcripts of testimony taken at a discharge hearing
1208	1208	5 may be admitted in evidence at a subsequent trial of the case,
1209	1209	6 subject to the rules of evidence, if the witness who gave such
1210	1210	7 testimony is legally unavailable at the time of the subsequent
1211	1211	8 trial.
1212	1212	9 (f) If the court fails to enter an order of acquittal the
1213	1213	10 defendant may appeal from such judgment in the same manner
1214	1214	11 provided for an appeal from a conviction in a criminal case.
1215	1215	12 (g) At the expiration of an extended period of treatment
1216	1216	13 ordered pursuant to subsection (d) of this Section:
1217	1217	14 (1) Upon a finding that the defendant is fit or can be
1218	1218	15 rendered fit consistent with special provisions or
1219	1219	16 assistance pursuant to Section 104-22 if in custody, the
1220	1220	17 court shall, within 48 hours, order the sheriff to return
1221	1221	18 the defendant to the county and the court may otherwise
1222	1222	19 proceed with trial.
1223	1223	20 (2) If the defendant continues to be unfit to stand
1224	1224	21 trial, the court shall determine whether the defendant he
1225	1225	22 or she is subject to involuntary admission under the
1226	1226	23 Mental Health and Developmental Disabilities Code or
1227	1227	24 constitutes a serious threat to the public safety. If so
1228	1228	25 found, the defendant shall be remanded to the Department
1229	1229	26 of Human Services for further treatment and shall be
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	SB2373 - 34 - LRB104 10122 RLC 20194 b
1236	1236
1237	1237
1238	1238	SB2373- 35 -LRB104 10122 RLC 20194 b SB2373 - 35 - LRB104 10122 RLC 20194 b
1239	1239	SB2373 - 35 - LRB104 10122 RLC 20194 b
1240	1240	1 treated in the same manner as a civilly committed patient
1241	1241	2 for all purposes, except that the defendant shall be
1242	1242	3 placed in a secure setting unless the court determines
1243	1243	4 that there are compelling reasons why such placement is
1244	1244	5 not necessary. In addition, the criminal original court
1245	1245	6 having jurisdiction over the defendant shall be required
1246	1246	7 to approve any conditional release or discharge of the
1247	1247	8 defendant, for the period of commitment equal to the
1248	1248	9 maximum sentence to which the defendant would have been
1249	1249	10 subject had the defendant he or she been convicted in the
1250	1250	11 underlying a criminal proceeding. The court shall
1251	1251	12 calculate the maximum period of civil commitment under
1252	1252	13 this subsection and no credits may be applied against such
1253	1253	14 term other than those considered and applied by the court.
1254	1254	15 During this period of commitment, the original court
1255	1255	16 having jurisdiction over the defendant shall hold hearings
1256	1256	17 under clause (i) of this paragraph (2). However, if the
1257	1257	18 defendant is remanded to the Department of Human Services,
1258	1258	19 the defendant shall be placed in a secure setting unless
1259	1259	20 the court determines that there are compelling reasons why
1260	1260	21 such placement is not necessary.
1261	1261	22 If the defendant does not have a current treatment
1262	1262	23 plan, then within 3 days of admission under this
1263	1263	24 subsection subdivision (g)(2), the defendant's treatment
1264	1264	25 supervisor shall submit a treatment plan to the court, the
1265	1265	26 State, and the defense shall be prepared for each
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	SB2373 - 35 - LRB104 10122 RLC 20194 b
1272	1272
1273	1273
1274	1274	SB2373- 36 -LRB104 10122 RLC 20194 b SB2373 - 36 - LRB104 10122 RLC 20194 b
1275	1275	SB2373 - 36 - LRB104 10122 RLC 20194 b
1276	1276	1 defendant and entered into his or her record. The plan
1277	1277	2 shall include (i) an assessment of the defendant's
1278	1278	3 treatment needs, (ii) a description of the services
1279	1279	4 recommended for treatment, (iii) the goals of each type of
1280	1280	5 element of service, (iv) an anticipated timetable for the
1281	1281	6 accomplishment of the goals, and (v) a designation of the
1282	1282	7 qualified professional responsible for the implementation
1283	1283	8 of the plan. The plan shall be reviewed and updated as the
1284	1284	9 clinical condition warrants, but not less than every 30
1285	1285	10 days.
1286	1286	11 Every 90 days after the entry of an initial admission
1287	1287	12 order under this subsection subdivision (g)(2), the
1288	1288	13 defendant's treatment supervisor facility director shall
1289	1289	14 submit file a progress typed treatment plan report to the
1290	1290	15 court, the State, and the defense with the original court
1291	1291	16 having jurisdiction over the defendant. The report shall
1292	1292	17 include an opinion as to whether the defendant is: (i) fit
1293	1293	18 to stand trial, or (ii) if not, and whether the defendant
1294	1294	19 is currently subject to involuntary admission. If so, the
1295	1295	20 treatment supervisor shall also state whether the
1296	1296	21 defendant is , in need of mental health services on an
1297	1297	22 inpatient basis, or in need of mental health services on
1298	1298	23 an outpatient basis. The report shall also summarize the
1299	1299	24 basis for those findings and provide a current summary of
1300	1300	25 the 5 items required in a treatment plan. A copy of the
1301	1301	26 report shall be forwarded to the clerk of the circuit
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307	SB2373 - 36 - LRB104 10122 RLC 20194 b
1308	1308
1309	1309
1310	1310	SB2373- 37 -LRB104 10122 RLC 20194 b SB2373 - 37 - LRB104 10122 RLC 20194 b
1311	1311	SB2373 - 37 - LRB104 10122 RLC 20194 b
1312	1312	1 court to be filed in accordance with Section 104-19 with a
1313	1313	2 copy provided to the State and the defense, if the
1314	1314	3 defendant is represented by counsel. If the report states
1315	1315	4 that the defendant is fit to stand trial, the court shall
1316	1316	5 conduct a fitness hearing. If the defendant is found fit,
1317	1317	6 the court shall, within 48 hours, order the county sheriff
1318	1318	7 to return the defendant to the county jail to stand trial.
1319	1319	8 Upon request of the defendant's treatment supervisor,
1320	1320	9 the State, the defense, or on the court's court, the State's
1321	1321	10 Attorney, and the defendant's attorney if the defendant is
1322	1322	11 represented by counsel. The court on its own motion, it may
1323	1323	12 order a hearing to review the treatment plan. The defendant or
1324	1324	13 the State's Attorney may request a treatment plan review every
1325	1325	14 90 days and the court shall review the current treatment plan
1326	1326	15 to determine whether the plan complies with the requirements
1327	1327	16 of this Section. The court may also order an independent
1328	1328	17 examination of the defendant on its own initiative or at the
1329	1329	18 request of and shall order such an evaluation if either the
1330	1330	19 defense recipient or the State State's Attorney so requests
1331	1331	20 and has demonstrated to the court that the plan cannot be
1332	1332	21 effectively reviewed by the court without such an examination.
1333	1333	22 Under no circumstances shall the court be required to order an
1334	1334	23 independent examination pursuant to this Section. However, if
1335	1335	24 it does, it may not do so more than once each 12-month period
1336	1336	25 year. The examination shall be conducted by a psychiatrist or
1337	1337	26 clinical psychologist as defined in Section 1-103 of the
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343	SB2373 - 37 - LRB104 10122 RLC 20194 b
1344	1344
1345	1345
1346	1346	SB2373- 38 -LRB104 10122 RLC 20194 b SB2373 - 38 - LRB104 10122 RLC 20194 b
1347	1347	SB2373 - 38 - LRB104 10122 RLC 20194 b
1348	1348	1 Mental Health and Developmental Disabilities Code who is not
1349	1349	2 in the employ of the Department of Human Services.
1350	1350	3 If, during the period within which the defendant is
1351	1351	4 confined in a secure setting, the court enters an order
1352	1352	5 that requires the defendant to appear, the court shall
1353	1353	6 timely transmit a copy of the order or writ to the director
1354	1354	7 of the hospital, particular Department of Human Services
1355	1355	8 facility or program providing services to the defendant
1356	1356	9 where the defendant resides authorizing the transportation
1357	1357	10 of the defendant to the court for the purpose of the
1358	1358	11 hearing.
1359	1359	12 (i) 180 days after a defendant is remanded to the
1360	1360	13 Department of Human Services, under paragraph (2) of
1361	1361	14 subsection (g) paragraph (2), and every 180 days
1362	1362	15 thereafter for so long as the defendant is confined
1363	1363	16 under the order entered thereunder, the court shall
1364	1364	17 set a hearing and shall direct that notice of the time
1365	1365	18 and place of the hearing be served upon the defendant,
1366	1366	19 the facility director, the State's Attorney, and the
1367	1367	20 defendant's attorney. If requested by either the State
1368	1368	21 or the defense or if the court determines that it is
1369	1369	22 appropriate, an impartial examination of the defendant
1370	1370	23 by a psychiatrist or clinical psychologist as defined
1371	1371	24 in Section 1-103 of the Mental Health and
1372	1372	25 Developmental Disabilities Code who is not in the
1373	1373	26 employ of the Department of Human Services shall be
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378
1379	1379	SB2373 - 38 - LRB104 10122 RLC 20194 b
1380	1380
1381	1381
1382	1382	SB2373- 39 -LRB104 10122 RLC 20194 b SB2373 - 39 - LRB104 10122 RLC 20194 b
1383	1383	SB2373 - 39 - LRB104 10122 RLC 20194 b
1384	1384	1 ordered, and the report considered at the time of the
1385	1385	2 hearing. If the defendant is not currently represented
1386	1386	3 by counsel, the court shall appoint the public
1387	1387	4 defender to represent the defendant at the hearing.
1388	1388	5 The court shall make a finding as to whether the
1389	1389	6 defendant is: (A) subject to involuntary admission
1390	1390	7 and, if so, whether the defendant is ; or (B) in need of
1391	1391	8 mental health services in the form of inpatient care;
1392	1392	9 or (C) in need of mental health services on an
1393	1393	10 outpatient basis but not subject to involuntary
1394	1394	11 admission nor inpatient care.
1395	1395	12 The findings of the court shall be established by
1396	1396	13 clear and convincing evidence and the burden of proof
1397	1397	14 and the burden of going forward with the evidence
1398	1398	15 shall rest with the State State's Attorney. The court
1399	1399	16 Upon finding by the court, the court shall enter its
1400	1400	17 findings on and an appropriate order.
1401	1401	18 (ii) The terms "subject to involuntary admission",
1402	1402	19 "in need of mental health services in the form of
1403	1403	20 inpatient care" and "in need of mental health services
1404	1404	21 on an outpatient basis but not subject to involuntary
1405	1405	22 admission nor inpatient care" shall have the meanings
1406	1406	23 ascribed to them in clause (a-1) (d)(3) of Section
1407	1407	24 5-2-4 of the Unified Code of Corrections.
1408	1408	25 (3) If the defendant is not committed pursuant to this
1409	1409	26 Section, the defendant he or she shall be released.
1410	1410
1411	1411
1412	1412
1413	1413
1414	1414
1415	1415	SB2373 - 39 - LRB104 10122 RLC 20194 b
1416	1416
1417	1417
1418	1418	SB2373- 40 -LRB104 10122 RLC 20194 b SB2373 - 40 - LRB104 10122 RLC 20194 b
1419	1419	SB2373 - 40 - LRB104 10122 RLC 20194 b
1420	1420	1 (4) In no event may the treatment period be extended
1421	1421	2 to exceed the maximum sentence to which a defendant would
1422	1422	3 have been subject had the defendant he or she been
1423	1423	4 convicted in the a criminal proceeding on the most serious
1424	1424	5 offense. For purposes of this Section, the maximum
1425	1425	6 sentence shall be determined by Section 5-8-1 (730 ILCS
1426	1426	7 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code
1427	1427	8 of Corrections", excluding any sentence of natural life.
1428	1428	9 (5) If the treatment supervisor reports the defendant
1429	1429	10 as fit, the court shall immediately, within 48 hours,
1430	1430	11 order the sheriff to return the defendant to the county
1431	1431	12 jail to stand trial, plead, or be sentenced.
1432	1432	13 (Source: P.A. 95-1052, eff. 7-1-09.)
1433	1433	14 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
1434	1434	15 Sec. 104-26. Disposition of Defendants suffering
1435	1435	16 disabilities.
1436	1436	17 (a) A defendant convicted following a trial conducted
1437	1437	18 under the provisions of Section 104-22 shall not be sentenced
1438	1438	19 before a written presentence report of investigation is
1439	1439	20 presented to and considered by the court. The presentence
1440	1440	21 report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
1441	1441	22 5-3-4 of the Unified Code of Corrections, as now or hereafter
1442	1442	23 amended, and shall include a physical and mental examination
1443	1443	24 unless the court finds that the reports of prior physical and
1444	1444	25 mental examinations conducted pursuant to this Article are
1445	1445
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450	SB2373 - 40 - LRB104 10122 RLC 20194 b
1451	1451
1452	1452
1453	1453	SB2373- 41 -LRB104 10122 RLC 20194 b SB2373 - 41 - LRB104 10122 RLC 20194 b
1454	1454	SB2373 - 41 - LRB104 10122 RLC 20194 b
1455	1455	1 adequate and recent enough so that additional examinations
1456	1456	2 would be unnecessary.
1457	1457	3 (b) (Blank).
1458	1458	4 (c) A defendant convicted following a trial under Section
1459	1459	5 104-22 shall be sentenced according to the procedures and
1460	1460	6 dispositions authorized under the Unified Code of Corrections,
1461	1461	7 as now or hereafter amended, subject to the following
1462	1462	8 provisions:
1463	1463	9 (1) The court shall not impose a sentence of
1464	1464	10 imprisonment upon the offender if the court believes that
1465	1465	11 due to the presence of a because of his disability, a
1466	1466	12 sentence of imprisonment would not serve the ends of
1467	1467	13 justice and the interests of society and the offender or
1468	1468	14 that because of a his disability, a sentence of
1469	1469	15 imprisonment would subject the offender to excessive
1470	1470	16 hardship. In addition to any other conditions of a
1471	1471	17 sentence of conditional discharge or probation, the court
1472	1472	18 may require that the offender undergo treatment
1473	1473	19 appropriate for the defendant's to his mental or physical
1474	1474	20 condition.
1475	1475	21 (2) (Blank). After imposing a sentence of imprisonment
1476	1476	22 upon an offender who has a mental disability, the court
1477	1477	23 may remand him to the custody of the Department of Human
1478	1478	24 Services and order a hearing to be conducted pursuant to
1479	1479	25 the provisions of the Mental Health and Developmental
1480	1480	26 Disabilities Code, as now or hereafter amended. If the
1481	1481
1482	1482
1483	1483
1484	1484
1485	1485
1486	1486	SB2373 - 41 - LRB104 10122 RLC 20194 b
1487	1487
1488	1488
1489	1489	SB2373- 42 -LRB104 10122 RLC 20194 b SB2373 - 42 - LRB104 10122 RLC 20194 b
1490	1490	SB2373 - 42 - LRB104 10122 RLC 20194 b
1491	1491	1 offender is committed following such hearing, he shall be
1492	1492	2 treated in the same manner as any other civilly committed
1493	1493	3 patient for all purposes except as provided in this
1494	1494	4 Section. If the defendant is not committed pursuant to
1495	1495	5 such hearing, he shall be remanded to the sentencing court
1496	1496	6 for disposition according to the sentence imposed.
1497	1497	7 (3) If the court imposes a sentence of imprisonment
1498	1498	8 upon an offender who has a mental disability but does not
1499	1499	9 proceed under subparagraph (2) of paragraph (c) of this
1500	1500	10 Section, it shall order the Department of Corrections to
1501	1501	11 proceed pursuant to Section 3-8-5 of the Unified Code of
1502	1502	12 Corrections, as now or hereafter amended.
1503	1503	13 (3.5) If the court imposes a sentence of imprisonment
1504	1504	14 upon an offender who has a mental disability, it the court
1505	1505	15 shall direct the clerk of the circuit court circuit court
1506	1506	16 clerk to immediately notify the Illinois State Police,
1507	1507	17 Firearm Owner's Identification (FOID) Office, in a form
1508	1508	18 and manner prescribed by the Illinois State Police and
1509	1509	19 shall forward a copy of the court order to the Department.
1510	1510	20 (4) If the court imposes a sentence of imprisonment
1511	1511	21 upon an offender who has a physical disability, it may
1512	1512	22 authorize the Department of Corrections to place the
1513	1513	23 offender in a public or private facility which is able to
1514	1514	24 provide care or treatment for the offender's disability
1515	1515	25 and which agrees to do so.
1516	1516	26 (5) When an offender is placed with the Department of
1517	1517
1518	1518
1519	1519
1520	1520
1521	1521
1522	1522	SB2373 - 42 - LRB104 10122 RLC 20194 b
1523	1523
1524	1524
1525	1525	SB2373- 43 -LRB104 10122 RLC 20194 b SB2373 - 43 - LRB104 10122 RLC 20194 b
1526	1526	SB2373 - 43 - LRB104 10122 RLC 20194 b
1527	1527	1 Human Services or another facility pursuant to
1528	1528	2 subparagraph (2) or (4) of this paragraph (c), the public
1529	1529	3 or Department or private facility shall not discharge or
1530	1530	4 allow the offender to be at large in the community without
1531	1531	5 prior approval of the court. If the defendant is placed in
1532	1532	6 the custody of the Department of Human Services, the
1533	1533	7 defendant shall be placed in a secure setting unless the
1534	1534	8 court determines that there are compelling reasons why
1535	1535	9 such placement is not necessary. The offender shall accrue
1536	1536	10 all good time credits as determined by the court while in
1537	1537	11 the custody of the public or private facility and shall be
1538	1538	12 eligible for parole in the same manner as if the offender
1539	1539	13 he were serving the defendant's his sentence within the
1540	1540	14 Department of Corrections. If the sentence has not yet
1541	1541	15 expired when When the offender no longer requires
1542	1542	16 hospitalization, care, or treatment, the public or private
1543	1543	17 Department of Human Services or the facility shall
1544	1544	18 transfer the offender him, if his sentence has not
1545	1545	19 expired, to the Department of Corrections. If an offender
1546	1546	20 is transferred to the Department of Corrections, the
1547	1547	21 facility Department of Human Services shall transfer to
1548	1548	22 the Department of Corrections all related records
1549	1549	23 pertaining to length of custody and treatment services
1550	1550	24 provided during the time the offender was held.
1551	1551	25 (6) The Department of Corrections shall notify the
1552	1552	26 public or private Department of Human Services or a
1553	1553
1554	1554
1555	1555
1556	1556
1557	1557
1558	1558	SB2373 - 43 - LRB104 10122 RLC 20194 b
1559	1559
1560	1560
1561	1561	SB2373- 44 -LRB104 10122 RLC 20194 b SB2373 - 44 - LRB104 10122 RLC 20194 b
1562	1562	SB2373 - 44 - LRB104 10122 RLC 20194 b
1563	1563	1 facility in which an offender has been placed pursuant to
1564	1564	2 subparagraph (2) or (4) of paragraph (c) of this Section
1565	1565	3 of the expiration of the his sentence. Thereafter, an
1566	1566	4 offender so placed in the Department of Human Services
1567	1567	5 shall continue to be treated pursuant to the defendant's
1568	1568	6 his commitment order and shall be considered a civilly
1569	1569	7 committed patient for all purposes including discharge. An
1570	1570	8 offender who is in a facility pursuant to subparagraph (4)
1571	1571	9 of paragraph (c) of this Section shall be informed by the
1572	1572	10 facility of the expiration of the defendant's his
1573	1573	11 sentence, and shall either consent to the continuation of
1574	1574	12 the defendant's his care or treatment by the facility, or
1575	1575	13 shall be discharged.
1576	1576	14 (Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
1577	1577	15 (725 ILCS 5/104-27 rep.)
1578	1578	16 (725 ILCS 5/104-28 rep.)
1579	1579	17 Section 10. The Code of Criminal Procedure of 1963 is
1580	1580	18 amended by repealing Sections 104-27 and 104-28.
1581	1581	SB2373- 45 -LRB104 10122 RLC 20194 b 1 INDEX 2 Statutes amended in order of appearance SB2373- 45 -LRB104 10122 RLC 20194 b SB2373 - 45 - LRB104 10122 RLC 20194 b 1 INDEX 2 Statutes amended in order of appearance
1582	1582	SB2373- 45 -LRB104 10122 RLC 20194 b SB2373 - 45 - LRB104 10122 RLC 20194 b
1583	1583	SB2373 - 45 - LRB104 10122 RLC 20194 b
1584	1584	1 INDEX
1585	1585	2 Statutes amended in order of appearance
1586	1586
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591	SB2373 - 44 - LRB104 10122 RLC 20194 b
1592	1592
1593	1593
1594	1594
1595	1595	SB2373- 45 -LRB104 10122 RLC 20194 b SB2373 - 45 - LRB104 10122 RLC 20194 b
1596	1596	SB2373 - 45 - LRB104 10122 RLC 20194 b
1597	1597	1 INDEX
1598	1598	2 Statutes amended in order of appearance
1599	1599
1600	1600
1601	1601
1602	1602
1603	1603
1604	1604	SB2373 - 45 - LRB104 10122 RLC 20194 b