Rep. Arthur Turner

Filed: 3/24/2017

 

 


 

 


 
10000HB0649ham001LRB100 06743 RLC 24182 a

1
AMENDMENT TO HOUSE BILL 649

2    AMENDMENT NO. ______. Amend House Bill 649 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 104-17, 104-18, and 104-20 as
6follows:
 
7    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
8    Sec. 104-17. Commitment for Treatment; Treatment Plan.
9    (a) If the defendant is eligible to be or has been released
10on bail or on his own recognizance, the court shall select the
11least physically restrictive form of treatment therapeutically
12appropriate and consistent with the treatment plan. The
13placement may be ordered either on an inpatient or an
14outpatient basis.
15    (b) If the defendant's disability is mental, the court may
16order him placed for treatment in the custody of the Department

 

 

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1of Human Services, or the court may order him placed in the
2custody of any other appropriate public or private mental
3health facility or treatment program which has agreed to
4provide treatment to the defendant. If the court orders the
5defendant placed in the custody of the Department of Human
6Services, the Department shall evaluate the defendant to
7determine to which secure facility the defendant shall be
8transported and, within 20 days of the transmittal by the clerk
9of the circuit court of the placement order, notify the sheriff
10of the designated facility. Upon receipt of that notice, the
11sheriff shall promptly transport the defendant to the
12designated facility. If the defendant is placed in the custody
13of the Department of Human Services, the defendant shall be
14placed in a secure setting. During the period of time required
15to determine the appropriate placement the defendant shall
16remain in jail. If during the course of evaluating the
17defendant for placement, upon the completion of the placement
18process the Department of Human Services determines that the
19defendant is currently fit to stand trial, it shall immediately
20notify the court and shall submit a written report within 7
21days. In that circumstance the placement shall be held pending
22a court hearing on the Department's report. Otherwise, upon
23completion of the placement process, the sheriff shall be
24notified and shall transport the defendant to the designated
25facility. If, within 20 days of the transmittal by the clerk of
26the circuit court of the placement order, the Department fails

 

 

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1to notify the sheriff of the identity of the facility to which
2the defendant shall be transported, the sheriff shall contact a
3designated person within the Department to inquire about when a
4placement will become available at the designated facility and
5bed availability at other facilities. If, within 20 days of the
6transmittal by the clerk of the circuit court of the placement
7order, the Department fails to notify the sheriff of the
8identity of the facility to which the defendant shall be
9transported, the sheriff shall notify the Department of its
10intent to transfer the defendant to the nearest secure mental
11health facility operated by the Department and inquire as to
12the status of the evaluation and availability for placement in
13such facility operated by the Department by contacting a
14designated person within the Department. The Department shall
15respond to the sheriff within 2 business days of the notice and
16inquiry by the sheriff seeking the transfer and the Department
17shall provide the sheriff with the status of the evaluation,
18information on bed and placement availability, and an estimated
19date of admission for the defendant and any changes to that
20estimated date of admission. If the Department notifies the
21sheriff during the 2 business day period of a facility operated
22by the Department with placement availability, the sheriff
23shall promptly transport the defendant to that facility. The
24placement may be ordered either on an inpatient or an
25outpatient basis.
26    (c) If the defendant's disability is physical, the court

 

 

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1may order him placed under the supervision of the Department of
2Human Services which shall place and maintain the defendant in
3a suitable treatment facility or program, or the court may
4order him placed in an appropriate public or private facility
5or treatment program which has agreed to provide treatment to
6the defendant. The placement may be ordered either on an
7inpatient or an outpatient basis.
8    (d) The clerk of the circuit court shall within 5 days of
9the entry of the order transmit to the Department, agency or
10institution, if any, to which the defendant is remanded for
11treatment, the following:
12        (1) a certified copy of the order to undergo treatment.
13    Accompanying the certified copy of the order to undergo
14    treatment shall be the complete copy of any report prepared
15    under Section 104-15 of this Code or other report prepared
16    by a forensic examiner for the court;
17        (2) the county and municipality in which the offense
18    was committed;
19        (3) the county and municipality in which the arrest
20    took place;
21        (4) a copy of the arrest report, criminal charges,
22    arrest record; and
23        (5) all additional matters which the Court directs the
24    clerk to transmit.
25    (e) Within 30 days of entry of an order to undergo
26treatment, the person supervising the defendant's treatment

 

 

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1shall file with the court, the State, and the defense a report
2assessing the facility's or program's capacity to provide
3appropriate treatment for the defendant and indicating his
4opinion as to the probability of the defendant's attaining
5fitness within a period of time from the date of the finding of
6unfitness. For a defendant charged with a felony, the period of
7time shall be one year. For a defendant charged with a
8misdemeanor, the period of time shall be no longer than the
9sentence if convicted of the most serious offense. If the
10report indicates that there is a substantial probability that
11the defendant will attain fitness within the time period, the
12treatment supervisor shall also file a treatment plan which
13shall include:
14        (1) A diagnosis of the defendant's disability;
15        (2) A description of treatment goals with respect to
16    rendering the defendant fit, a specification of the
17    proposed treatment modalities, and an estimated timetable
18    for attainment of the goals;
19        (3) An identification of the person in charge of
20    supervising the defendant's treatment.
21(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
 
22    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
23    Sec. 104-18. Progress Reports.
24    (a) The treatment supervisor shall submit a written
25progress report to the court, the State, and the defense:

 

 

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1        (1) At least 7 days prior to the date for any hearing
2    on the issue of the defendant's fitness;
3        (2) Whenever he believes that the defendant has
4    attained fitness;
5        (3) Whenever he believes that there is not a
6    substantial probability that the defendant will attain
7    fitness, with treatment, within the time period set in
8    subsection (e) of Section 104-17 of this Code from the date
9    of the original finding of unfitness.
10    (b) The progress report shall contain:
11        (1) The clinical findings of the treatment supervisor
12    and the facts upon which the findings are based;
13        (2) The opinion of the treatment supervisor as to
14    whether the defendant has attained fitness or as to whether
15    the defendant is making progress, under treatment, toward
16    attaining fitness within the time period set in subsection
17    (e) of Section 104-17 of this Code from the date of the
18    original finding of unfitness;
19        (3) If the defendant is receiving medication,
20    information from the prescribing physician indicating the
21    type, the dosage and the effect of the medication on the
22    defendant's appearance, actions and demeanor.
23    (c) Whenever the court is sent a report from the supervisor
24of the defendant's treatment under paragraph (2) of subsection
25(a) of this Section, the treatment provider shall arrange with
26the county jail court for the immediate return of the defendant

 

 

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1to the county jail under subsection (e) before the time frame
2specified in subsection (a) of Section 104-20 of this Code.
3(Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14;
499-78, eff. 7-20-15.)
 
5    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
6    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)
7    (a) Upon entry or continuation of any order to undergo
8treatment, the court shall set a date for hearing to reexamine
9the issue of the defendant's fitness not more than 90 days
10thereafter. In addition, whenever the court receives a report
11from the supervisor of the defendant's treatment pursuant to
12subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
13court shall forthwith set the matter for a first hearing within
1414 days unless good cause is demonstrated why the hearing
15cannot be held. On the date set or upon conclusion of the
16matter then pending before it, the court, sitting without a
17jury, shall conduct a hearing, unless waived by the defense,
18and shall determine:
19        (1) Whether the defendant is fit to stand trial or to
20    plead; and if not,
21        (2) Whether the defendant is making progress under
22    treatment toward attainment of fitness within the time
23    period set in subsection (e) of Section 104-17 of this Code
24    from the date of the original finding of unfitness.
25    (b) If the court finds the defendant to be fit pursuant to

 

 

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1this Section, the court shall set the matter for trial;
2provided that if the defendant is in need of continued care or
3treatment and the supervisor of the defendant's treatment
4agrees to continue to provide it, the court may enter any order
5it deems appropriate for the continued care or treatment of the
6defendant by the facility or program pending the conclusion of
7the criminal proceedings.
8    (c) If the court finds that the defendant is still unfit
9but that he is making progress toward attaining fitness, the
10court may continue or modify its original treatment order
11entered pursuant to Section 104-17.
12    (d) If the court finds that the defendant is still unfit
13and that he is not making progress toward attaining fitness
14such that there is not a substantial probability that he will
15attain fitness within the time period set in subsection (e) of
16Section 104-17 of this Code from the date of the original
17finding of unfitness, the court shall proceed pursuant to
18Section 104-23. However, if the defendant is in need of
19continued care and treatment and the supervisor of the
20defendant's treatment agrees to continue to provide it, the
21court may enter any order it deems appropriate for the
22continued care or treatment by the facility or program pending
23the conclusion of the criminal proceedings.
24    (e) Whenever the court receives a report from the
25supervisor of the defendant's treatment under paragraph (2) of
26subsection (a) of Section 104-18 of this Code, the court shall

 

 

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1immediately enter an order directing the sheriff to return the
2defendant to the county jail and set the matter for trial. At
3any time the issue of the defendant's fitness can be raised
4again under Section 104-11 of this Code. If the court finds
5that the defendant is still unfit after being recommended as
6fit by the supervisor of the defendant's treatment, the court
7shall attach a copy of any written report that identifies the
8factors in the finding that the defendant continues to be
9unfit, prepared by a licensed physician, clinical
10psychologist, or psychiatrist, to the court order remanding the
11person for further treatment.
12(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
 
13    Section 10. The Unified Code of Corrections is amended by
14changing Section 5-2-4 as follows:
 
15    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
16    Sec. 5-2-4. Proceedings after Acquittal by Reason of
17Insanity.
18    (a) After a finding or verdict of not guilty by reason of
19insanity under Sections 104-25, 115-3 or 115-4 of the Code of
20Criminal Procedure of 1963, the defendant shall be ordered to
21the Department of Human Services for an evaluation as to
22whether he is in need of mental health services. The order
23shall specify whether the evaluation shall be conducted on an
24inpatient or outpatient basis. If the evaluation is to be

 

 

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1conducted on an inpatient basis, the defendant shall be placed
2in a secure setting. With the court order for evaluation shall
3be sent a copy of the arrest report, criminal charges, arrest
4record, jail record, any report prepared under Section 115-6 of
5the Code of Criminal Procedure of 1963, and any victim impact
6statement prepared under Section 6 of the Rights of Crime
7Victims and Witnesses Act. The clerk of the circuit court shall
8transmit this information to the Department within 5 days. If
9the court orders that the evaluation be done on an inpatient
10basis, the Department shall evaluate the defendant to determine
11to which secure facility the defendant shall be transported
12and, within 20 days of the transmittal by the clerk of the
13circuit court of the placement order, notify the sheriff of the
14designated facility. Upon receipt of that notice, the sheriff
15shall promptly transport the defendant to the designated
16facility. During After the evaluation and during the period of
17time required to determine the appropriate placement, the
18defendant shall remain in jail. If, within 20 days of the
19transmittal by the clerk of the circuit court of the placement
20order, the Department fails to notify the sheriff of the
21identity of the facility to which the defendant shall be
22transported, the sheriff shall contact a designated person
23within the Department to inquire about when a placement will
24become available at the designated facility and bed
25availability at other facilities. If, within 20 days of the
26transmittal by the clerk of the circuit court of the placement

 

 

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1order, the Department fails to notify the sheriff of the
2identity of the facility to which the defendant shall be
3transported, the sheriff shall notify the Department of its
4intent to transfer the defendant to the nearest secure mental
5health facility operated by the Department and inquire as to
6the status of the evaluation and availability for placement in
7such facility operated by the Department by contacting a
8designated person within the Department. The Department shall
9respond to the sheriff within 2 business days of the notice and
10inquiry by the sheriff seeking the transfer and the Department
11shall provide the sheriff with the status of the evaluation,
12information on bed and placement availability, and an estimated
13date of admission for the defendant and any changes to that
14estimated date of admission. If the Department notifies the
15sheriff during the 2 business day period of a facility operated
16by the Department with placement availability, the sheriff
17shall promptly transport the defendant to that facility.
18Individualized placement evaluations by the Department of
19Human Services determine the most appropriate setting for
20forensic treatment based upon a number of factors including
21mental health diagnosis, proximity to surviving victims,
22security need, age, gender, and proximity to family. Upon
23completion of the placement process the sheriff shall be
24notified and shall transport the defendant to the designated
25facility.
26    The Department shall provide the Court with a report of its

 

 

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1evaluation within 30 days of the date of this order. The Court
2shall hold a hearing as provided under the Mental Health and
3Developmental Disabilities Code to determine if the individual
4is: (a) in need of mental health services on an inpatient
5basis; (b) in need of mental health services on an outpatient
6basis; (c) a person not in need of mental health services. The
7Court shall enter its findings.
8    If the defendant is found to be in need of mental health
9services on an inpatient care basis, the Court shall order the
10defendant to the Department of Human Services. The defendant
11shall be placed in a secure setting. Such defendants placed in
12a secure setting shall not be permitted outside the facility's
13housing unit unless escorted or accompanied by personnel of the
14Department of Human Services or with the prior approval of the
15Court for unsupervised on-grounds privileges as provided
16herein. Any defendant placed in a secure setting pursuant to
17this Section, transported to court hearings or other necessary
18appointments off facility grounds by personnel of the
19Department of Human Services, shall be placed in security
20devices or otherwise secured during the period of
21transportation to assure secure transport of the defendant and
22the safety of Department of Human Services personnel and
23others. These security measures shall not constitute restraint
24as defined in the Mental Health and Developmental Disabilities
25Code. If the defendant is found to be in need of mental health
26services, but not on an inpatient care basis, the Court shall

 

 

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1conditionally release the defendant, under such conditions as
2set forth in this Section as will reasonably assure the
3defendant's satisfactory progress and participation in
4treatment or rehabilitation and the safety of the defendant and
5others. If the Court finds the person not in need of mental
6health services, then the Court shall order the defendant
7discharged from custody.
8    (a-1) Definitions. For the purposes of this Section:
9        (A) (Blank).
10        (B) "In need of mental health services on an inpatient
11    basis" means: a defendant who has been found not guilty by
12    reason of insanity but who due to mental illness is
13    reasonably expected to inflict serious physical harm upon
14    himself or another and who would benefit from inpatient
15    care or is in need of inpatient care.
16        (C) "In need of mental health services on an outpatient
17    basis" means: a defendant who has been found not guilty by
18    reason of insanity who is not in need of mental health
19    services on an inpatient basis, but is in need of
20    outpatient care, drug and/or alcohol rehabilitation
21    programs, community adjustment programs, individual,
22    group, or family therapy, or chemotherapy.
23        (D) "Conditional Release" means: the release from
24    either the custody of the Department of Human Services or
25    the custody of the Court of a person who has been found not
26    guilty by reason of insanity under such conditions as the

 

 

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1    Court may impose which reasonably assure the defendant's
2    satisfactory progress in treatment or habilitation and the
3    safety of the defendant and others. The Court shall
4    consider such terms and conditions which may include, but
5    need not be limited to, outpatient care, alcoholic and drug
6    rehabilitation programs, community adjustment programs,
7    individual, group, family, and chemotherapy, random
8    testing to ensure the defendant's timely and continuous
9    taking of any medicines prescribed to control or manage his
10    or her conduct or mental state, and periodic checks with
11    the legal authorities and/or the Department of Human
12    Services. The Court may order as a condition of conditional
13    release that the defendant not contact the victim of the
14    offense that resulted in the finding or verdict of not
15    guilty by reason of insanity or any other person. The Court
16    may order the Department of Human Services to provide care
17    to any person conditionally released under this Section.
18    The Department may contract with any public or private
19    agency in order to discharge any responsibilities imposed
20    under this Section. The Department shall monitor the
21    provision of services to persons conditionally released
22    under this Section and provide periodic reports to the
23    Court concerning the services and the condition of the
24    defendant. Whenever a person is conditionally released
25    pursuant to this Section, the State's Attorney for the
26    county in which the hearing is held shall designate in

 

 

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1    writing the name, telephone number, and address of a person
2    employed by him or her who shall be notified in the event
3    that either the reporting agency or the Department decides
4    that the conditional release of the defendant should be
5    revoked or modified pursuant to subsection (i) of this
6    Section. Such conditional release shall be for a period of
7    five years. However, the defendant, the person or facility
8    rendering the treatment, therapy, program or outpatient
9    care, the Department, or the State's Attorney may petition
10    the Court for an extension of the conditional release
11    period for an additional 5 years. Upon receipt of such a
12    petition, the Court shall hold a hearing consistent with
13    the provisions of paragraph (a), this paragraph (a-1), and
14    paragraph (f) of this Section, shall determine whether the
15    defendant should continue to be subject to the terms of
16    conditional release, and shall enter an order either
17    extending the defendant's period of conditional release
18    for an additional 5 year period or discharging the
19    defendant. Additional 5-year periods of conditional
20    release may be ordered following a hearing as provided in
21    this Section. However, in no event shall the defendant's
22    period of conditional release continue beyond the maximum
23    period of commitment ordered by the Court pursuant to
24    paragraph (b) of this Section. These provisions for
25    extension of conditional release shall only apply to
26    defendants conditionally released on or after August 8,

 

 

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1    2003. However the extension provisions of Public Act
2    83-1449 apply only to defendants charged with a forcible
3    felony.
4        (E) "Facility director" means the chief officer of a
5    mental health or developmental disabilities facility or
6    his or her designee or the supervisor of a program of
7    treatment or habilitation or his or her designee.
8    "Designee" may include a physician, clinical psychologist,
9    social worker, nurse, or clinical professional counselor.
10    (b) If the Court finds the defendant in need of mental
11health services on an inpatient basis, the admission,
12detention, care, treatment or habilitation, treatment plans,
13review proceedings, including review of treatment and
14treatment plans, and discharge of the defendant after such
15order shall be under the Mental Health and Developmental
16Disabilities Code, except that the initial order for admission
17of a defendant acquitted of a felony by reason of insanity
18shall be for an indefinite period of time. Such period of
19commitment shall not exceed the maximum length of time that the
20defendant would have been required to serve, less credit for
21good behavior as provided in Section 5-4-1 of the Unified Code
22of Corrections, before becoming eligible for release had he
23been convicted of and received the maximum sentence for the
24most serious crime for which he has been acquitted by reason of
25insanity. The Court shall determine the maximum period of
26commitment by an appropriate order. During this period of time,

 

 

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1the defendant shall not be permitted to be in the community in
2any manner, including but not limited to off-grounds
3privileges, with or without escort by personnel of the
4Department of Human Services, unsupervised on-grounds
5privileges, discharge or conditional or temporary release,
6except by a plan as provided in this Section. In no event shall
7a defendant's continued unauthorized absence be a basis for
8discharge. Not more than 30 days after admission and every 60
9days thereafter so long as the initial order remains in effect,
10the facility director shall file a treatment plan report in
11writing with the court and forward a copy of the treatment plan
12report to the clerk of the court, the State's Attorney, and the
13defendant's attorney, if the defendant is represented by
14counsel, or to a person authorized by the defendant under the
15Mental Health and Developmental Disabilities Confidentiality
16Act to be sent a copy of the report. The report shall include
17an opinion as to whether the defendant is currently in need of
18mental health services on an inpatient basis or in need of
19mental health services on an outpatient basis. The report shall
20also summarize the basis for those findings and provide a
21current summary of the following items from the treatment plan:
22(1) an assessment of the defendant's treatment needs, (2) a
23description of the services recommended for treatment, (3) the
24goals of each type of element of service, (4) an anticipated
25timetable for the accomplishment of the goals, and (5) a
26designation of the qualified professional responsible for the

 

 

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1implementation of the plan. The report may also include
2unsupervised on-grounds privileges, off-grounds privileges
3(with or without escort by personnel of the Department of Human
4Services), home visits and participation in work programs, but
5only where such privileges have been approved by specific court
6order, which order may include such conditions on the defendant
7as the Court may deem appropriate and necessary to reasonably
8assure the defendant's satisfactory progress in treatment and
9the safety of the defendant and others.
10    (c) Every defendant acquitted of a felony by reason of
11insanity and subsequently found to be in need of mental health
12services shall be represented by counsel in all proceedings
13under this Section and under the Mental Health and
14Developmental Disabilities Code.
15        (1) The Court shall appoint as counsel the public
16    defender or an attorney licensed by this State.
17        (2) Upon filing with the Court of a verified statement
18    of legal services rendered by the private attorney
19    appointed pursuant to paragraph (1) of this subsection, the
20    Court shall determine a reasonable fee for such services.
21    If the defendant is unable to pay the fee, the Court shall
22    enter an order upon the State to pay the entire fee or such
23    amount as the defendant is unable to pay from funds
24    appropriated by the General Assembly for that purpose.
25    (d) When the facility director determines that:
26        (1) the defendant is no longer in need of mental health

 

 

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1    services on an inpatient basis; and
2        (2) the defendant may be conditionally released
3    because he or she is still in need of mental health
4    services or that the defendant may be discharged as not in
5    need of any mental health services; or
6        (3) (blank);
7the facility director shall give written notice to the Court,
8State's Attorney and defense attorney. Such notice shall set
9forth in detail the basis for the recommendation of the
10facility director, and specify clearly the recommendations, if
11any, of the facility director, concerning conditional release.
12Any recommendation for conditional release shall include an
13evaluation of the defendant's need for psychotropic
14medication, what provisions should be made, if any, to ensure
15that the defendant will continue to receive psychotropic
16medication following discharge, and what provisions should be
17made to assure the safety of the defendant and others in the
18event the defendant is no longer receiving psychotropic
19medication. Within 30 days of the notification by the facility
20director, the Court shall set a hearing and make a finding as
21to whether the defendant is:
22        (i) (blank); or
23        (ii) in need of mental health services in the form of
24    inpatient care; or
25        (iii) in need of mental health services but not subject
26    to inpatient care; or

 

 

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1        (iv) no longer in need of mental health services; or
2        (v) (blank).
3    Upon finding by the Court, the Court shall enter its
4findings and such appropriate order as provided in subsections
5(a) and (a-1) of this Section.
6    (e) A defendant admitted pursuant to this Section, or any
7person on his behalf, may file a petition for treatment plan
8review or discharge or conditional release under the standards
9of this Section in the Court which rendered the verdict. Upon
10receipt of a petition for treatment plan review or discharge or
11conditional release, the Court shall set a hearing to be held
12within 120 days. Thereafter, no new petition may be filed for
13180 days without leave of the Court.
14    (f) The Court shall direct that notice of the time and
15place of the hearing be served upon the defendant, the facility
16director, the State's Attorney, and the defendant's attorney.
17If requested by either the State or the defense or if the Court
18feels it is appropriate, an impartial examination of the
19defendant by a psychiatrist or clinical psychologist as defined
20in Section 1-103 of the Mental Health and Developmental
21Disabilities Code who is not in the employ of the Department of
22Human Services shall be ordered, and the report considered at
23the time of the hearing.
24    (g) The findings of the Court shall be established by clear
25and convincing evidence. The burden of proof and the burden of
26going forth with the evidence rest with the defendant or any

 

 

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1person on the defendant's behalf when a hearing is held to
2review a petition filed by or on behalf of the defendant. The
3evidence shall be presented in open Court with the right of
4confrontation and cross-examination. Such evidence may
5include, but is not limited to:
6        (1) whether the defendant appreciates the harm caused
7    by the defendant to others and the community by his or her
8    prior conduct that resulted in the finding of not guilty by
9    reason of insanity;
10        (2) Whether the person appreciates the criminality of
11    conduct similar to the conduct for which he or she was
12    originally charged in this matter;
13        (3) the current state of the defendant's illness;
14        (4) what, if any, medications the defendant is taking
15    to control his or her mental illness;
16        (5) what, if any, adverse physical side effects the
17    medication has on the defendant;
18        (6) the length of time it would take for the
19    defendant's mental health to deteriorate if the defendant
20    stopped taking prescribed medication;
21        (7) the defendant's history or potential for alcohol
22    and drug abuse;
23        (8) the defendant's past criminal history;
24        (9) any specialized physical or medical needs of the
25    defendant;
26        (10) any family participation or involvement expected

 

 

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1    upon release and what is the willingness and ability of the
2    family to participate or be involved;
3        (11) the defendant's potential to be a danger to
4    himself, herself, or others; and
5        (12) any other factor or factors the Court deems
6    appropriate.
7    (h) Before the court orders that the defendant be
8discharged or conditionally released, it shall order the
9facility director to establish a discharge plan that includes a
10plan for the defendant's shelter, support, and medication. If
11appropriate, the court shall order that the facility director
12establish a program to train the defendant in self-medication
13under standards established by the Department of Human
14Services. If the Court finds, consistent with the provisions of
15this Section, that the defendant is no longer in need of mental
16health services it shall order the facility director to
17discharge the defendant. If the Court finds, consistent with
18the provisions of this Section, that the defendant is in need
19of mental health services, and no longer in need of inpatient
20care, it shall order the facility director to release the
21defendant under such conditions as the Court deems appropriate
22and as provided by this Section. Such conditional release shall
23be imposed for a period of 5 years as provided in paragraph (D)
24of subsection (a-1) and shall be subject to later modification
25by the Court as provided by this Section. If the Court finds
26consistent with the provisions in this Section that the

 

 

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1defendant is in need of mental health services on an inpatient
2basis, it shall order the facility director not to discharge or
3release the defendant in accordance with paragraph (b) of this
4Section.
5    (i) If within the period of the defendant's conditional
6release the State's Attorney determines that the defendant has
7not fulfilled the conditions of his or her release, the State's
8Attorney may petition the Court to revoke or modify the
9conditional release of the defendant. Upon the filing of such
10petition the defendant may be remanded to the custody of the
11Department, or to any other mental health facility designated
12by the Department, pending the resolution of the petition.
13Nothing in this Section shall prevent the emergency admission
14of a defendant pursuant to Article VI of Chapter III of the
15Mental Health and Developmental Disabilities Code or the
16voluntary admission of the defendant pursuant to Article IV of
17Chapter III of the Mental Health and Developmental Disabilities
18Code. If the Court determines, after hearing evidence, that the
19defendant has not fulfilled the conditions of release, the
20Court shall order a hearing to be held consistent with the
21provisions of paragraph (f) and (g) of this Section. At such
22hearing, if the Court finds that the defendant is in need of
23mental health services on an inpatient basis, it shall enter an
24order remanding him or her to the Department of Human Services
25or other facility. If the defendant is remanded to the
26Department of Human Services, he or she shall be placed in a

 

 

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1secure setting unless the Court determines that there are
2compelling reasons that such placement is not necessary. If the
3Court finds that the defendant continues to be in need of
4mental health services but not on an inpatient basis, it may
5modify the conditions of the original release in order to
6reasonably assure the defendant's satisfactory progress in
7treatment and his or her safety and the safety of others in
8accordance with the standards established in paragraph (D) of
9subsection (a-1). Nothing in this Section shall limit a Court's
10contempt powers or any other powers of a Court.
11    (j) An order of admission under this Section does not
12affect the remedy of habeas corpus.
13    (k) In the event of a conflict between this Section and the
14Mental Health and Developmental Disabilities Code or the Mental
15Health and Developmental Disabilities Confidentiality Act, the
16provisions of this Section shall govern.
17    (l) This amendatory Act shall apply to all persons who have
18been found not guilty by reason of insanity and who are
19presently committed to the Department of Mental Health and
20Developmental Disabilities (now the Department of Human
21Services).
22    (m) The Clerk of the Court shall transmit a certified copy
23of the order of discharge or conditional release to the
24Department of Human Services, to the sheriff of the county from
25which the defendant was admitted, to the Illinois Department of
26State Police, to the proper law enforcement agency for the

 

 

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1municipality where the offense took place, and to the sheriff
2of the county into which the defendant is conditionally
3discharged. The Illinois Department of State Police shall
4maintain a centralized record of discharged or conditionally
5released defendants while they are under court supervision for
6access and use of appropriate law enforcement agencies.
7(Source: P.A. 98-1025, eff. 8-22-14.)".