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Public Act 100-0027


 

Public Act 0027 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0027
 
HB0649 EnrolledLRB100 06743 RLC 16784 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 104-17, 104-18, and 104-20 as
follows:
 
    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
    Sec. 104-17. Commitment for Treatment; Treatment Plan.
    (a) If the defendant is eligible to be or has been released
on bail or on his own recognizance, the court shall select the
least physically restrictive form of treatment therapeutically
appropriate and consistent with the treatment plan. The
placement may be ordered either on an inpatient or an
outpatient basis.
    (b) If the defendant's disability is mental, the court may
order him placed for treatment in the custody of the Department
of Human Services, or the court may order him placed in the
custody of any other appropriate public or private mental
health facility or treatment program which has agreed to
provide treatment to the defendant. 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 20 days of the transmittal by the clerk
of the circuit court of the placement court order, notify the
sheriff of the designated facility. Upon receipt of that
notice, the sheriff shall promptly transport the defendant to
the designated facility. If the defendant is placed in the
custody of the Department of Human Services, the defendant
shall be placed in a secure setting. During the period of time
required to determine the appropriate placement the defendant
shall remain in jail. If during the course of evaluating the
defendant for placement, upon the completion of the placement
process the Department of Human Services determines that the
defendant is currently fit to stand trial, it shall immediately
notify the court and shall submit a written report within 7
days. In that circumstance the placement shall be held pending
a court hearing on the Department's report. Otherwise, upon
completion of the placement process, the sheriff shall be
notified and shall transport the defendant to the designated
facility. If, within 20 days of the transmittal by the clerk of
the circuit court of the placement court order, the Department
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. If, within
20 days of the transmittal by the clerk of the circuit court of
the placement court 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 placement evaluation and availability
for admission to 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. 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. The placement may be ordered either
on an inpatient or an outpatient basis.
    (c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department of
Human Services which shall place and maintain the defendant in
a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
    (d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
        (1) a certified copy of the order to undergo treatment.
    Accompanying the certified copy of the order to undergo
    treatment shall be the complete copy of any report prepared
    under Section 104-15 of this Code or other report prepared
    by a forensic examiner for the court;
        (2) the county and municipality in which the offense
    was committed;
        (3) the county and municipality in which the arrest
    took place;
        (4) a copy of the arrest report, criminal charges,
    arrest record; and
        (5) all additional matters which the Court directs the
    clerk to transmit.
    (e) Within 30 days of entry of an order to undergo
treatment, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period of
time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
        (1) A diagnosis of the defendant's disability;
        (2) A description of treatment goals with respect to
    rendering the defendant fit, a specification of the
    proposed treatment modalities, and an estimated timetable
    for attainment of the goals;
        (3) An identification of the person in charge of
    supervising the defendant's treatment.
(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
 
    (725 ILCS 5/104-18)  (from Ch. 38, par. 104-18)
    Sec. 104-18. Progress Reports.
    (a) The treatment supervisor shall submit a written
progress report to the court, the State, and the defense:
        (1) At least 7 days prior to the date for any hearing
    on the issue of the defendant's fitness;
        (2) Whenever he believes that the defendant has
    attained fitness;
        (3) Whenever he believes that there is not a
    substantial probability that the defendant will attain
    fitness, with treatment, within the time period set in
    subsection (e) of Section 104-17 of this Code from the date
    of the original finding of unfitness.
    (b) The progress report shall contain:
        (1) The clinical findings of the treatment supervisor
    and the facts upon which the findings are based;
        (2) The opinion of the treatment supervisor as to
    whether the defendant has attained fitness or as to whether
    the defendant is making progress, under treatment, toward
    attaining fitness within the time period set in subsection
    (e) of Section 104-17 of this Code from the date of the
    original finding of unfitness;
        (3) If the defendant is receiving medication,
    information from the prescribing physician indicating the
    type, the dosage and the effect of the medication on the
    defendant's appearance, actions and demeanor.
    (c) Whenever the court is sent a report from the supervisor
of the defendant's treatment under paragraph (2) of subsection
(a) of this Section, the treatment provider shall arrange with
the county jail court for the immediate return of the defendant
to the county jail under subsection (e) before the time frame
specified in subsection (a) of Section 104-20 of this Code.
(Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14;
99-78, eff. 7-20-15.)
 
    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)
    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)
    (a) Upon entry or continuation of any order to undergo
treatment, the court shall set a date for hearing to reexamine
the issue of the defendant's fitness not more than 90 days
thereafter. In addition, whenever the court receives a report
from the supervisor of the defendant's treatment pursuant to
subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
court shall forthwith set the matter for a first hearing within
14 days unless good cause is demonstrated why the hearing
cannot be held. On the date set or upon conclusion of the
matter then pending before it, the court, sitting without a
jury, shall conduct a hearing, unless waived by the defense,
and shall determine:
        (1) Whether the defendant is fit to stand trial or to
    plead; and if not,
        (2) Whether the defendant is making progress under
    treatment toward attainment of fitness within the time
    period set in subsection (e) of Section 104-17 of this Code
    from the date of the original finding of unfitness.
    (b) If the court finds the defendant to be fit pursuant to
this Section, the court shall set the matter for trial;
provided that if the defendant is in need of continued care or
treatment and the supervisor of the defendant's treatment
agrees to continue to provide it, the court may enter any order
it deems appropriate for the continued care or treatment of the
defendant by the facility or program pending the conclusion of
the criminal proceedings.
    (c) If the court finds that the defendant is still unfit
but that he is making progress toward attaining fitness, the
court may continue or modify its original treatment order
entered pursuant to Section 104-17.
    (d) If the court finds that the defendant is still unfit
and that he is not making progress toward attaining fitness
such that there is not a substantial probability that he will
attain fitness within the time period set in subsection (e) of
Section 104-17 of this Code from the date of the original
finding of unfitness, the court shall proceed pursuant to
Section 104-23. However, if the defendant is in need of
continued care and treatment and the supervisor of the
defendant's treatment agrees to continue to provide it, the
court may enter any order it deems appropriate for the
continued care or treatment by the facility or program pending
the conclusion of the criminal proceedings.
    (e) Whenever the court receives a report from the
supervisor of the defendant's treatment under paragraph (2) of
subsection (a) of Section 104-18 of this Code, 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 Section 104-11 of this Code. If the court finds
that the defendant is still unfit after being recommended as
fit by the supervisor of the defendant's treatment, the court
shall attach a copy of any written report that identifies the
factors in the finding that the defendant continues to be
unfit, prepared by a licensed physician, clinical
psychologist, or psychiatrist, to the court order remanding the
person for further treatment.
(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-2-4 as follows:
 
    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
    Sec. 5-2-4. Proceedings after Acquittal by Reason of
Insanity.
    (a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3 or 115-4 of the Code of
Criminal Procedure of 1963, the defendant shall be ordered to
the Department of Human Services for an evaluation as to
whether he is in need of mental health services. The order
shall specify whether the evaluation shall be conducted on an
inpatient or outpatient basis. If the evaluation is to be
conducted on an inpatient basis, the defendant shall be placed
in a secure setting. With the court order for evaluation shall
be sent a copy of the arrest report, criminal charges, arrest
record, jail record, any report prepared under Section 115-6 of
the Code of Criminal Procedure of 1963, and any victim impact
statement prepared under Section 6 of the Rights of Crime
Victims and Witnesses Act. The clerk of the circuit court shall
transmit this information to the Department within 5 days. If
the court orders that the evaluation be done on an inpatient
basis, the Department shall evaluate the defendant to determine
to which secure facility the defendant shall be transported
and, within 20 days of the transmittal by the clerk of the
circuit court of the placement court order, notify the sheriff
of the designated facility. Upon receipt of that notice, the
sheriff shall promptly transport the defendant to the
designated facility. During After the evaluation and during the
period of time required to determine the appropriate placement,
the defendant shall remain in jail. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department 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. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court 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 placement evaluation and availability for
admission to 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 placement 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.
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. Individualized placement
evaluations by the Department of Human Services determine the
most appropriate setting for forensic treatment based upon a
number of factors including mental health diagnosis, proximity
to surviving victims, security need, age, gender, and proximity
to family. Upon completion of the placement process the sheriff
shall be notified and shall transport the defendant to the
designated facility.
    The Department shall provide the Court with a report of its
evaluation within 30 days of the date of this order. The Court
shall hold a hearing as provided under the Mental Health and
Developmental Disabilities Code to determine if the individual
is: (a) in need of mental health services on an inpatient
basis; (b) in need of mental health services on an outpatient
basis; (c) a person not in need of mental health services. The
Court shall enter its findings.
    If the defendant is found to be in need of mental health
services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services. The defendant
shall be placed in a secure setting. Such defendants placed in
a secure setting shall not be permitted outside the facility's
housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the
Court for unsupervised on-grounds privileges as provided
herein. Any defendant placed in a secure setting pursuant to
this Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, shall 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. If the defendant is found to be in need of mental health
services, but not on an inpatient care basis, the Court shall
conditionally release the defendant, under such conditions as
set forth in this Section as will reasonably assure the
defendant's satisfactory progress and participation in
treatment or rehabilitation and the safety of the defendant and
others. If the Court finds the person not in need of mental
health services, then the Court shall order the defendant
discharged from custody.
    (a-1) Definitions. For the purposes of this Section:
        (A) (Blank).
        (B) "In need of mental health services on an inpatient
    basis" means: a defendant who has been found not guilty by
    reason of insanity but who due to mental illness is
    reasonably expected to inflict serious physical harm upon
    himself or another and who would benefit from inpatient
    care or is in need of inpatient care.
        (C) "In need of mental health services on an outpatient
    basis" means: a defendant who has been found not guilty by
    reason of insanity who is not in need of mental health
    services on an inpatient basis, but is in need of
    outpatient care, drug and/or alcohol rehabilitation
    programs, community adjustment programs, individual,
    group, or family therapy, or chemotherapy.
        (D) "Conditional Release" means: the release from
    either the custody of the Department of Human Services or
    the custody of the Court of a person who has been found not
    guilty by reason of insanity under such conditions as the
    Court may impose which reasonably assure the defendant's
    satisfactory progress in treatment or habilitation and the
    safety of the defendant and others. The Court shall
    consider such terms and conditions which may include, but
    need not be limited to, outpatient care, alcoholic and drug
    rehabilitation programs, community adjustment programs,
    individual, group, family, and chemotherapy, random
    testing to ensure the defendant's timely and continuous
    taking of any medicines prescribed to control or manage his
    or her conduct or mental state, and periodic checks with
    the legal authorities and/or the Department of Human
    Services. The Court may order as a condition of conditional
    release that the defendant not contact the victim of the
    offense that resulted in the finding or verdict of not
    guilty by reason of insanity or any other person. The Court
    may order the Department of Human Services to provide care
    to any person conditionally released under this Section.
    The Department may contract with any public or private
    agency in order to discharge any responsibilities imposed
    under this Section. The Department shall monitor the
    provision of services to persons conditionally released
    under this Section and provide periodic reports to the
    Court concerning the services and the condition of the
    defendant. Whenever a person is conditionally released
    pursuant to this Section, the State's Attorney for the
    county in which the hearing is held shall designate in
    writing the name, telephone number, and address of a person
    employed by him or her who shall be notified in the event
    that either the reporting agency or the Department decides
    that the conditional release of the defendant should be
    revoked or modified pursuant to subsection (i) of this
    Section. Such conditional release shall be for a period of
    five years. However, the defendant, the person or facility
    rendering the treatment, therapy, program or outpatient
    care, the Department, or the State's Attorney may petition
    the Court for an extension of the conditional release
    period for an additional 5 years. Upon receipt of such a
    petition, the Court shall hold a hearing consistent with
    the provisions of paragraph (a), this paragraph (a-1), and
    paragraph (f) of this Section, shall determine whether the
    defendant should continue to be subject to the terms of
    conditional release, and shall enter an order either
    extending the defendant's period of conditional release
    for an additional 5 year period or discharging the
    defendant. Additional 5-year periods of conditional
    release may be ordered following a hearing as provided in
    this Section. However, in no event shall the defendant's
    period of conditional release continue beyond the maximum
    period of commitment ordered by the Court pursuant to
    paragraph (b) of this Section. These provisions for
    extension of conditional release shall only apply to
    defendants conditionally released on or after August 8,
    2003. However the extension provisions of Public Act
    83-1449 apply only to defendants charged with a forcible
    felony.
        (E) "Facility director" means the chief officer of a
    mental health or developmental disabilities facility or
    his or her designee or the supervisor of a program of
    treatment or habilitation or his or her designee.
    "Designee" may include a physician, clinical psychologist,
    social worker, nurse, or clinical professional counselor.
    (b) If the Court finds the defendant in need of mental
health services on an inpatient basis, the admission,
detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such
order shall be under the Mental Health and Developmental
Disabilities Code, except that the initial order for admission
of a defendant acquitted of a felony by reason of insanity
shall be for an indefinite period of time. Such period of
commitment shall not exceed the maximum length of time that the
defendant would have been required to serve, less credit for
good behavior as provided in Section 5-4-1 of the Unified Code
of Corrections, before becoming eligible for release had he
been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of
commitment by an appropriate order. During this period of time,
the defendant shall not be permitted to be in the community in
any manner, including but not limited to off-grounds
privileges, with or without escort by personnel of the
Department of Human Services, unsupervised on-grounds
privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall
a defendant's continued unauthorized absence be a basis for
discharge. Not more than 30 days after admission and every 60
days thereafter so long as the initial order remains in effect,
the facility director shall file a treatment plan report in
writing with the court and forward a copy of the treatment plan
report to the clerk of the court, the State's Attorney, and the
defendant's attorney, if the defendant is represented by
counsel, or to a person authorized by the defendant under the
Mental Health and Developmental Disabilities Confidentiality
Act to be sent a copy of the report. The report shall include
an opinion as to whether the defendant is currently in need of
mental health services on an inpatient basis or in need of
mental health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a
current summary of the following items from the treatment plan:
(1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the
goals of each type of element of service, (4) an anticipated
timetable for the accomplishment of the goals, and (5) a
designation of the qualified professional responsible for the
implementation of the plan. The report may also include
unsupervised on-grounds privileges, off-grounds privileges
(with or without escort by personnel of the Department of Human
Services), home visits and participation in work programs, but
only where such 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 and others.
    (c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be in need of mental health
services shall be represented by counsel in all proceedings
under this Section and under the Mental Health and
Developmental Disabilities Code.
        (1) The Court shall appoint as counsel the public
    defender or an attorney licensed by this State.
        (2) Upon filing with the Court of a verified statement
    of legal services rendered by the private attorney
    appointed pursuant to paragraph (1) of this subsection, the
    Court shall determine a reasonable fee for such services.
    If the defendant is unable to pay the fee, the Court shall
    enter an order upon the State to pay the entire fee or such
    amount as the defendant is unable to pay from funds
    appropriated by the General Assembly for that purpose.
    (d) When the facility director determines that:
        (1) the defendant is no longer in need of mental health
    services on an inpatient basis; and
        (2) the defendant may be conditionally released
    because he or she is still in need of mental health
    services or that the defendant may be discharged as not in
    need of any mental health services; or
        (3) (blank);
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations, if
any, of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an
evaluation of the defendant's need for psychotropic
medication, what provisions should be made, if any, to ensure
that the defendant will continue to receive psychotropic
medication following discharge, and what provisions should be
made to assure the safety of the defendant and others in the
event the defendant is no longer receiving psychotropic
medication. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
        (i) (blank); or
        (ii) in need of mental health services in the form of
    inpatient care; or
        (iii) in need of mental health services but not subject
    to inpatient care; or
        (iv) no longer in need of mental health services; or
        (v) (blank).
    Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsections
(a) and (a-1) of this Section.
    (e) A defendant admitted pursuant to this Section, or any
person on his behalf, may file a petition for treatment plan
review or discharge or conditional release under the standards
of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or
conditional release, the Court shall set a hearing to be held
within 120 days. Thereafter, no new petition may be filed for
180 days without leave of the Court.
    (f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's attorney.
If requested by either the State or the defense or if the Court
feels it is appropriate, an impartial examination of the
defendant by a psychiatrist or clinical psychologist as defined
in Section 1-103 of the Mental Health and Developmental
Disabilities Code who is not in the employ of the Department of
Human Services shall be ordered, and the report considered at
the time of the hearing.
    (g) The findings of the Court shall be established by clear
and convincing evidence. The burden of proof and the burden of
going forth with the evidence rest with the defendant or any
person on the defendant's behalf when a hearing is held to
review a petition filed by or on behalf of the defendant. The
evidence shall be presented in open Court with the right of
confrontation and cross-examination. Such evidence may
include, but is not limited to:
        (1) whether the defendant appreciates the harm caused
    by the defendant to others and the community by his or her
    prior conduct that resulted in the finding of not guilty by
    reason of insanity;
        (2) Whether the person appreciates the criminality of
    conduct similar to the conduct for which he or she was
    originally charged in this matter;
        (3) the current state of the defendant's illness;
        (4) what, if any, medications the defendant is taking
    to control his or her mental illness;
        (5) what, if any, adverse physical side effects the
    medication has on the defendant;
        (6) the length of time it would take for the
    defendant's mental health to deteriorate if the defendant
    stopped taking prescribed medication;
        (7) the defendant's history or potential for alcohol
    and drug abuse;
        (8) the defendant's past criminal history;
        (9) any specialized physical or medical needs of the
    defendant;
        (10) any family participation or involvement expected
    upon release and what is the willingness and ability of the
    family to participate or be involved;
        (11) the defendant's potential to be a danger to
    himself, herself, or others; and
        (12) any other factor or factors the Court deems
    appropriate.
    (h) Before the court orders that the defendant be
discharged or conditionally released, it shall order the
facility director to establish a discharge plan that includes a
plan for the defendant's shelter, support, and medication. If
appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication
under standards established by the Department of Human
Services. If the Court finds, consistent with the provisions of
this Section, that the defendant is no longer in need of mental
health services it shall order the facility director to
discharge the defendant. If the Court finds, consistent with
the provisions of this Section, that the defendant is in need
of mental health services, and no longer in need of inpatient
care, it shall order the facility director to release the
defendant under such conditions as the Court deems appropriate
and as provided by this Section. Such conditional release shall
be imposed for a period of 5 years as provided in paragraph (D)
of subsection (a-1) and shall be subject to later modification
by the Court as provided by this Section. If the Court finds
consistent with the provisions in this Section that the
defendant is in need of mental health services on an inpatient
basis, it shall order the facility director not to discharge or
release the defendant in accordance with paragraph (b) of this
Section.
    (i) If within the period of the defendant's conditional
release the State's Attorney determines that the defendant has
not fulfilled the conditions of his or her release, the State's
Attorney may petition the Court to revoke or modify the
conditional release of the defendant. Upon the filing of such
petition the defendant may be remanded to the custody of the
Department, or to any other mental health facility designated
by the Department, pending the resolution of the petition.
Nothing in this Section shall prevent the emergency admission
of a defendant pursuant to Article VI of Chapter III of the
Mental Health and Developmental Disabilities Code or the
voluntary admission of the defendant pursuant to Article IV of
Chapter III of the Mental Health and Developmental Disabilities
Code. If the Court determines, after hearing evidence, that the
defendant has not fulfilled the conditions of release, the
Court shall order a hearing to be held consistent with the
provisions of paragraph (f) and (g) of this Section. At such
hearing, if the Court finds that the defendant is in need of
mental health services on an inpatient basis, it shall enter an
order remanding him or her to the Department of Human Services
or other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If the
Court finds that the defendant continues to be in need of
mental health services but not on an inpatient basis, it may
modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of
subsection (a-1). Nothing in this Section shall limit a Court's
contempt powers or any other powers of a Court.
    (j) An order of admission under this Section does not
affect the remedy of habeas corpus.
    (k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the Mental
Health and Developmental Disabilities Confidentiality Act, the
provisions of this Section shall govern.
    (l) This amendatory Act shall apply to all persons who have
been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
    (m) The Clerk of the Court shall transmit a certified copy
of the order of discharge or conditional release to the
Department of Human Services, to the sheriff of the county from
which the defendant was admitted, to the Illinois Department of
State Police, to the proper law enforcement agency for the
municipality where the offense took place, and to the sheriff
of the county into which the defendant is conditionally
discharged. The Illinois Department of State Police shall
maintain a centralized record of discharged or conditionally
released defendants while they are under court supervision for
access and use of appropriate law enforcement agencies.
(Source: P.A. 98-1025, eff. 8-22-14.)

Effective Date: 1/1/2018