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 Bill Status of HB0649  100th General Assembly


Short Description:  CRIM PRO-DHS PLACEMENT-DEFNDT

House Sponsors
Rep. Arthur Turner - Litesa E. Wallace, Carol Ammons, Christian L. Mitchell, Laura Fine and Tom Demmer

Senate Sponsors
(Sen. Bill Cunningham  and Mattie Hunter)

Last Action
DateChamber Action
  8/4/2017HousePublic Act . . . . . . . . . 100-0027

Statutes Amended In Order of Appearance
725 ILCS 5/104-17from Ch. 38, par. 104-17
730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Provides that if the court orders the defendant placed in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 7 days of the entry of the placement order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. Provides that if, within 7 days of the entry of the placement order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department that the defendant will be transported to the nearest secure mental health facility operated by the Department unless, within 24 hours of receiving the notice, the Department notifies the sheriff that the defendant should be transported to another facility. Provides that if, during this 24-hour period the Department notifies the sheriff of another facility, the sheriff shall transport the defendant to that facility. If the notice is not received, the sheriff shall transport the defendant to the nearest secure mental health facility operated by the Department.

House Committee Amendment No. 1
Adds reference to:
725 ILCS 5/104-18from Ch. 38, par. 104-18
725 ILCS 5/104-20from Ch. 38, par. 104-20

Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Reinserts the provisions of the introduced bill with the following changes: provides that: (1) if, within 20 days of the transmittal by the clerk of the circuit court of the placement order, the Department of Human Services fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall contact a designated person within the Department to inquire about when a placement will become available at the designated facility and bed availability at other facilities; (2) if, within 20 days of the transmittal by the clerk of the circuit court of the placement order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the evaluation and availability for placement in such facility operated by the Department by contacting a designated person within the Department. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission; (3) if the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility; and (4) whenever the court receives a report from the supervisor of the defendant's treatment that the defendant is fit, the court shall immediately enter an order directing the sheriff to return the defendant to the county jail and set the matter for trial; at any time the issue of the defendant's fitness can be raised again under the Code.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services)
 The Department of Human Services Division of Mental Health expects this legislation to be fiscally neutral. A fit defendant would be exchanged with a defendant that was unfit.

House Floor Amendment No. 2
Makes technical changes in the bill as amended by House Amendment No. 1.

Actions 
DateChamber Action
  1/24/2017HouseFiled with the Clerk by Rep. Arthur Turner
  1/25/2017HouseFirst Reading
  1/25/2017HouseReferred to Rules Committee
  2/8/2017HouseAssigned to Judiciary - Criminal Committee
  2/8/2017HouseAdded Chief Co-Sponsor Rep. Litesa E. Wallace
  3/24/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  3/24/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/27/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/28/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/28/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-000-000
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  3/29/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  4/4/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/6/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  4/6/2017HouseAdded Co-Sponsor Rep. Laura Fine
  4/21/2017HouseAdded Co-Sponsor Rep. Tom Demmer
  4/24/2017HouseSecond Reading - Short Debate
  4/24/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/25/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
  4/25/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/26/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/28/2017HouseRecalled to Second Reading - Short Debate
  4/28/2017HouseHouse Floor Amendment No. 2 Adopted
  4/28/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2017HouseThird Reading - Short Debate - Passed 110-000-000
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading
  5/2/2017SenateChief Senate Sponsor Sen. Bill Cunningham
  5/2/2017SenateFirst Reading
  5/2/2017SenateReferred to Assignments
  5/5/2017SenateAssigned to Criminal Law
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/19/2017SenateDo Pass Criminal Law; 010-000-000
  5/19/2017SenatePlaced on Calendar Order of 2nd Reading May 22, 2017
  5/23/2017SenateSecond Reading
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading May 24, 2017
  5/26/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/29/2017SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/29/2017SenateThird Reading - Passed; 055-000-000
  5/29/2017HousePassed Both Houses
  6/27/2017HouseSent to the Governor
  8/4/2017HouseGovernor Approved
  8/4/2017HouseEffective Date January 1, 2018
  8/4/2017HousePublic Act . . . . . . . . . 100-0027

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