725 ILCS 5/ Code of Criminal Procedure of 1963.

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725 ILCS 5/104-28

(725 ILCS 5/104-28) (from Ch. 38, par. 104-28)

Sec. 104-28.

Disposition of Defendants Found Unfit Prior to this Article.

(a) Upon reviewing the report, the court shall determine whether the
defendant
has been in the custody of the Department of Mental Health and Developmental
Disabilities (now the Department of Human Services) for a period of time
equal to the length of time that the defendant
would have been required to serve, less good time, before becoming eligible
for parole or mandatory supervised release had he been convicted of the
most serious offense charged and had he received the maximum sentence
therefor.  If the court so finds, it shall dismiss the charges against the
defendant, with leave to reinstate. If the defendant has not been committed
pursuant to the Mental Health and Developmental Disabilities Code, the court
shall order him discharged or shall order a hearing to be conducted
forthwith pursuant to the provisions of the Code.  If the defendant was
committed pursuant to the Code, he shall continue to be treated pursuant
to his commitment order and shall be considered a civilly committed patient
for all purposes including discharge.

(b) If the court finds that a defendant has been in the custody of the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a period
less than that specified in paragraph (a) of this Section, the court shall
conduct a hearing pursuant to Section 104-20 forthwith to redetermine the
issue of the defendant's fitness to stand trial or to plead.  If the defendant
is fit, the matter shall be set for trial.  If the court finds that the
defendant is unfit, it shall proceed pursuant to Section 104-20 or 104-23,
provided that a defendant who is still unfit and who has been in the custody
of the Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a
period of more than one year from the date of the finding of unfitness shall
be immediately subject to the provisions of Section 104-23.

(Source: P.A. 89-507, eff. 7-1-97.)

725 ILCS 5/104-29

(725 ILCS 5/104-29) (from Ch. 38, par. 104-29)

Sec. 104-29.

In the event of any conflict between this Article and the
"Mental Health and Developmental Disabilities Code", the provisions of
this Article shall govern.

(Source: P.A. 81-1217.)

725 ILCS 5/104-30

(725 ILCS 5/104-30) (from Ch. 38, par. 104-30)

Sec. 104-30.

Notice to Law Enforcement Agencies Regarding Release of
Defendants.

(a) Prior to the release by the Department of Human Services of any person
admitted pursuant to any provision of this Article,
the
Department of Human Services shall give written notice to the Sheriff of the
county from which
the defendant was admitted.  In cases where the arrest of the defendant
or the commission of the offense took place in any municipality with a
population
of more than 25,000 persons, the Department of Human Services shall also give
written
notice to the proper law enforcement agency for said municipality, provided
the municipality has requested such notice in writing.

(b) Where a defendant in the custody of the Department of Human Services under any provision of this Article is released pursuant to an order
of
court, the clerk of the circuit court shall, after the entry of the order,
transmit a certified copy of the order of release to the Department of Human
Services
and the Sheriff of the county from which the defendant was admitted.  In
cases where the arrest of the defendant or the commission of the offense
took place in any municipality with a population of more than 25,000 persons,
the Clerk of the circuit court shall also send a certified copy of the order
of release to the proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.

(Source: P.A. 89-507, eff. 7-1-97.)

725 ILCS 5/104-31

(725 ILCS 5/104-31) (from Ch. 38, par. 104-31)

Sec. 104-31.

No defendant placed in a setting of the Department of
Human Services pursuant to
the provisions of Sections 104-17, 104-25, or 104-26 shall be permitted outside
the facility's
housing unit unless escorted or accompanied by personnel of the Department of
Human Services or authorized by court order.
Any defendant,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, may be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others.  These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
 Nor shall
any defendant
be permitted any off-grounds privileges, either with or without escort by
personnel of the Department of Human Services or
 any unsupervised on-ground privileges, unless such off-grounds or
unsupervised on-grounds privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
court may deem appropriate and necessary to reasonably assure the
defendant's satisfactory progress in treatment and the safety of the defendant
or others. Whenever the court receives a report from the supervisor of the defendant's treatment recommending the defendant for any  off-grounds or unsupervised on-grounds privileges, the court shall set the matter for a first hearing within 21 days unless good cause is demonstrated why the hearing cannot be held.
The changes made to this Section by
this amendatory Act of the 96th General Assembly are declarative of existing
law and shall not be construed as a new enactment.

(Source: P.A. 98-1025, eff. 8-22-14.)

725 ILCS 5/Art. 106

(725 ILCS 5/Art. 106 heading) ARTICLE 106.

WITNESS

IMMUNITY