HB3903 Engrossed LRB096 04205 RLC 14250 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 104-17, 104-18, 104-20, and 104-23
6 as follows:
 
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
10 on bail or on his own recognizance, the court shall select the
11 least physically restrictive form of treatment therapeutically
12 appropriate and consistent with the treatment plan.
13     (b) If the defendant's disability is mental, the court may
14 order him placed for treatment in the custody of the Department
15 of Human Services, or the court may order him placed in the
16 custody of any other appropriate public or private mental
17 health facility or treatment program which has agreed to
18 provide treatment to the defendant. If the defendant is placed
19 in the custody of the Department of Human Services, the
20 defendant shall be placed in a secure setting unless the court
21 determines that there are compelling reasons why such placement
22 is not necessary. During the period of time required to
23 determine the appropriate placement the defendant shall remain

 

 

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1 in jail. Upon completion of the placement process, the sheriff
2 shall be notified and shall transport the defendant to the
3 designated facility. The placement may be ordered either on an
4 inpatient or an outpatient basis.
5     (c) If the defendant's disability is physical, the court
6 may order him placed under the supervision of the Department of
7 Human Services which shall place and maintain the defendant in
8 a suitable treatment facility or program, or the court may
9 order him placed in an appropriate public or private facility
10 or treatment program which has agreed to provide treatment to
11 the defendant. The placement may be ordered either on an
12 inpatient or an outpatient basis.
13     (d) The clerk of the circuit court shall transmit to the
14 Department, agency or institution, if any, to which the
15 defendant is remanded for treatment, the following:
16         (1) a certified copy of the order to undergo treatment;
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, jail record, and the report prepared under
23     Section 104-15; and
24         (5) all additional matters which the Court directs the
25     clerk to transmit.
26     (e) Within 30 days of entry of an order to undergo

 

 

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1 treatment, the person supervising the defendant's treatment
2 shall file with the court, the State, and the defense a report
3 assessing the facility's or program's capacity to provide
4 appropriate treatment for the defendant and indicating his
5 opinion as to the probability of the defendant's attaining
6 fitness within a period of time one year from the date of the
7 finding of unfitness. For a defendant charged with a felony the
8 period of time shall be one year. For a defendant charged with
9 a misdemeanor the time period shall be 6 months. If the report
10 indicates that there is a substantial probability that the
11 defendant will attain fitness within the time period, the
12 treatment supervisor shall also file a treatment plan which
13 shall 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. 95-296, eff. 8-20-07.)
 
22     (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
23     Sec. 104-18. Progress Reports.) (a) The treatment
24 supervisor shall submit a written progress report to the court,
25 the State, and the defense:

 

 

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1     (1) At least 7 days prior to the date for any hearing on
2 the issue of the defendant's fitness;
3     (2) Whenever he believes that the defendant has attained
4 fitness;
5     (3) Whenever he believes that there is not a substantial
6 probability that the defendant will attain fitness, with
7 treatment, within the time period set forth in subsection (e)
8 of Section 104-17 one year from the date of the original
9 finding of unfitness.
10     (b) The progress report shall contain:
11     (1) The clinical findings of the treatment supervisor and
12 the facts upon which the findings are based;
13     (2) The opinion of the treatment supervisor as to whether
14 the defendant has attained fitness or as to whether the
15 defendant is making progress, under treatment, toward
16 attaining fitness within the time period set forth in
17 subsection (e) of Section 104-17 one year from the date of the
18 original finding of unfitness;
19     (3) If the defendant is receiving medication, information
20 from the prescribing physician indicating the type, the dosage
21 and the effect of the medication on the defendant's appearance,
22 actions and demeanor.
23 (Source: P.A. 81-1217.)
 
24     (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
25     Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)

 

 

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1     (a) Upon entry or continuation of any order to undergo
2 treatment, the court shall set a date for hearing to reexamine
3 the issue of the defendant's fitness not more than 90 days
4 thereafter. In addition, whenever the court receives a report
5 from the supervisor of the defendant's treatment pursuant to
6 subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
7 court shall forthwith set the matter for a first hearing within
8 21 days unless good cause is demonstrated why the hearing
9 cannot be held. On the date set or upon conclusion of the
10 matter then pending before it, the court, sitting without a
11 jury, shall conduct a hearing, unless waived by the defense,
12 and shall determine:
13         (1) Whether the defendant is fit to stand trial or to
14     plead; and if not,
15         (2) Whether the defendant is making progress under
16     treatment toward attainment of fitness within the time
17     period set forth in subsection (e) of Section 104-17 one
18     year from the date of the original finding of unfitness.
19     (b) If the court finds the defendant to be fit pursuant to
20 this Section, the court shall set the matter for trial;
21 provided that if the defendant is in need of continued care or
22 treatment and the supervisor of the defendant's treatment
23 agrees to continue to provide it, the court may enter any order
24 it deems appropriate for the continued care or treatment of the
25 defendant by the facility or program pending the conclusion of
26 the criminal proceedings.

 

 

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1     (c) If the court finds that the defendant is still unfit
2 but that he is making progress toward attaining fitness, the
3 court may continue or modify its original treatment order
4 entered pursuant to Section 104-17.
5     (d) If the court finds that the defendant is still unfit
6 and that he is not making progress toward attaining fitness
7 such that there is not a substantial probability that he will
8 attain fitness within the time period set forth in subsection
9 (e) of Section 104-17 one year from the date of the original
10 finding of unfitness, the court shall proceed pursuant to
11 Section 104-23. However, if the defendant is in need of
12 continued care and treatment and the supervisor of the
13 defendant's treatment agrees to continue to provide it, the
14 court may enter any order it deems appropriate for the
15 continued care or treatment by the facility or program pending
16 the conclusion of the criminal proceedings.
17 (Source: P.A. 94-191, eff. 7-12-05.)
 
18     (725 ILCS 5/104-23)  (from Ch. 38, par. 104-23)
19     Sec. 104-23. Unfit defendants. Cases involving an unfit
20 defendant who demands a discharge hearing or a defendant who
21 cannot become fit to stand trial and for whom no special
22 provisions or assistance can compensate for his disability and
23 render him fit shall proceed in the following manner:
24     (a) Upon a determination that there is not a substantial
25 probability that the defendant will attain fitness within the

 

 

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1 time period set forth in subsection (e) of Section 104-17 one
2 year from the original finding of unfitness, a defendant or the
3 attorney for the defendant may move for a discharge hearing
4 pursuant to the provisions of Section 104-25. The discharge
5 hearing shall be held within 120 days of the filing of a motion
6 for a discharge hearing, unless the delay is occasioned by the
7 defendant.
8     (b) If at any time the court determines that there is not a
9 substantial probability that the defendant will become fit to
10 stand trial or to plead within the time period set forth in
11 subsection (e) of Section 104-17 one year from the date of the
12 original finding of unfitness, or if at the end of the time
13 period set forth in subsection (e) of Section 104-17 one year
14 from that date the court finds the defendant still unfit and
15 for whom no special provisions or assistance can compensate for
16 his disabilities and render him fit, the State shall request
17 the court:
18         (1) To set the matter for hearing pursuant to Section
19     104-25 unless a hearing has already been held pursuant to
20     paragraph (a) of this Section; or
21         (2) To release the defendant from custody and to
22     dismiss with prejudice the charges against him; or
23         (3) To remand the defendant to the custody of the
24     Department of Human Services and order a hearing to be
25     conducted pursuant to the provisions of the Mental Health
26     and Developmental Disabilities Code, as now or hereafter

 

 

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1     amended. The Department of Human Services shall have 7 days
2     from the date it receives the defendant to prepare and file
3     the necessary petition and certificates that are required
4     for commitment under the Mental Health and Developmental
5     Disabilities Code. If the defendant is committed to the
6     Department of Human Services pursuant to such hearing, the
7     court having jurisdiction over the criminal matter shall
8     dismiss the charges against the defendant, with the leave
9     to reinstate. In such cases the Department of Human
10     Services shall notify the court, the State's attorney and
11     the defense attorney upon the discharge of the defendant. A
12     former defendant so committed shall be treated in the same
13     manner as any other civilly committed patient for all
14     purposes including admission, selection of the place of
15     treatment and the treatment modalities, entitlement to
16     rights and privileges, transfer, and discharge. A
17     defendant who is not committed shall be remanded to the
18     court having jurisdiction of the criminal matter for
19     disposition pursuant to subparagraph (1) or (2) of
20     paragraph (b) of this Section.
21     (c) If the defendant is restored to fitness and the
22 original charges against him are reinstated, the speedy trial
23 provisions of Section 103-5 shall commence to run.
24 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.