Public Act 1069 96TH GENERAL ASSEMBLY
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Public Act 096-1069
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| SB2504 Enrolled | LRB096 16191 RLC 31446 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 104-31 as follows:
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(725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
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Sec. 104-31. No defendant placed in a secure setting of the |
Department of
Human Services pursuant to
the provisions of |
Sections 104-17, 104-25, or 104-26 shall be permitted outside
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the facility's
housing unit unless escorted or accompanied by |
personnel of the Department of
Human Services or authorized by |
court order.
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, may be
placed in security devices
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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 such 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 |
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privileges, or placement in a non-secure setting unless such |
off-grounds or
unsupervised on-grounds privileges, or |
placement in a non-secure setting 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, or placement in a non-secure setting, 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.
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(Source: P.A. 95-296, eff. 8-20-07.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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