Illinois General Assembly - Full Text of SB4012
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Full Text of SB4012  102nd General Assembly

SB4012 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4012

 

Introduced 1/21/2022, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/104-17  from Ch. 38, par. 104-17

    Amends the Code of Criminal Procedure of 1963. Provides that if a defendant is found unfit to stand trial, the failure to meet the 20 day timeline for evaluating the defendant to determine to which secure facility the defendant shall be transported and failure within 20 days of the transmittal by the clerk of the circuit court of the placement court order to notify the sheriff of the designated facility shall be considered contempt of court and the Department of Human Services shall pay the sheriff the daily rate and reimbursement for any additional costs, as determined by the sheriff. Provides that the Department of Human Services shall also ensure that a sufficient number of placements exist to meet this requirement.


LRB102 25900 RLC 35259 b

 

 

A BILL FOR

 

SB4012LRB102 25900 RLC 35259 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 104-17 as follows:
 
6    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 104-17. Commitment for treatment; treatment plan.
9    (a) If the defendant is eligible to be or has been released
10on bail or on his own recognizance, the court shall select the
11least physically restrictive form of treatment therapeutically
12appropriate and consistent with the treatment plan. The
13placement may be ordered either on an inpatient or an
14outpatient basis.
15    (b) If the defendant's disability is mental, the court may
16order him placed for treatment in the custody of the
17Department of Human Services, or the court may order him
18placed in the custody of any other appropriate public or
19private mental health facility or treatment program which has
20agreed to provide treatment to the defendant. If the court
21orders the defendant placed in the custody of the Department
22of Human Services, the Department shall evaluate the defendant
23to determine to which secure facility the defendant shall be

 

 

SB4012- 2 -LRB102 25900 RLC 35259 b

1transported and, within 20 days of the transmittal by the
2clerk of the circuit court of the placement court order,
3notify the sheriff of the designated facility. Upon receipt of
4that notice, the sheriff shall promptly transport the
5defendant to the designated facility. If the defendant is
6placed in the custody of the Department of Human Services, the
7defendant shall be placed in a secure setting. During the
8period of time required to determine the appropriate placement
9the defendant shall remain in jail. If during the course of
10evaluating the defendant for placement, the Department of
11Human Services determines that the defendant is currently fit
12to stand trial, it shall immediately notify the court and
13shall submit a written report within 7 days. In that
14circumstance the placement shall be held pending a court
15hearing on the Department's report. Otherwise, upon completion
16of the placement process, the sheriff shall be notified and
17shall transport the defendant to the designated facility. If,
18within 20 days of the transmittal by the clerk of the circuit
19court of the placement court order, the Department fails to
20notify the sheriff of the identity of the facility to which the
21defendant shall be transported, the sheriff shall contact a
22designated person within the Department to inquire about when
23a placement will become available at the designated facility
24and bed availability at other facilities. If, within 20 days
25of the transmittal by the clerk of the circuit court of the
26placement court order, the Department fails to notify the

 

 

SB4012- 3 -LRB102 25900 RLC 35259 b

1sheriff of the identity of the facility to which the defendant
2shall be transported, the sheriff shall notify the Department
3of its intent to transfer the defendant to the nearest secure
4mental health facility operated by the Department and inquire
5as to the status of the placement evaluation and availability
6for admission to such facility operated by the Department by
7contacting a designated person within the Department. The
8Department shall respond to the sheriff within 2 business days
9of the notice and inquiry by the sheriff seeking the transfer
10and the Department shall provide the sheriff with the status
11of the evaluation, information on bed and placement
12availability, and an estimated date of admission for the
13defendant and any changes to that estimated date of admission.
14If the Department notifies the sheriff during the 2 business
15day period of a facility operated by the Department with
16placement availability, the sheriff shall promptly transport
17the defendant to that facility. The placement may be ordered
18either on an inpatient or an outpatient basis.
19    (c) If the defendant's disability is physical, the court
20may order him placed under the supervision of the Department
21of Human Services which shall place and maintain the defendant
22in a suitable treatment facility or program, or the court may
23order him placed in an appropriate public or private facility
24or treatment program which has agreed to provide treatment to
25the defendant. The placement may be ordered either on an
26inpatient or an outpatient basis.

 

 

SB4012- 4 -LRB102 25900 RLC 35259 b

1    (d) The clerk of the circuit court shall within 5 days of
2the entry of the order transmit to the Department, agency or
3institution, if any, to which the defendant is remanded for
4treatment, the following:
5        (1) a certified copy of the order to undergo
6    treatment. Accompanying the certified copy of the order to
7    undergo treatment shall be the complete copy of any report
8    prepared under Section 104-15 of this Code or other report
9    prepared by a forensic examiner for the court;
10        (2) the county and municipality in which the offense
11    was committed;
12        (3) the county and municipality in which the arrest
13    took place;
14        (4) a copy of the arrest report, criminal charges,
15    arrest record; and
16        (5) all additional matters which the Court directs the
17    clerk to transmit.
18    (e) Within 30 days of entry of an order to undergo
19treatment, the person supervising the defendant's treatment
20shall file with the court, the State, and the defense a report
21assessing the facility's or program's capacity to provide
22appropriate treatment for the defendant and indicating his
23opinion as to the probability of the defendant's attaining
24fitness within a period of time from the date of the finding of
25unfitness. For a defendant charged with a felony, the period
26of time shall be one year. For a defendant charged with a

 

 

SB4012- 5 -LRB102 25900 RLC 35259 b

1misdemeanor, the period of time shall be no longer than the
2sentence if convicted of the most serious offense. If the
3report indicates that there is a substantial probability that
4the defendant will attain fitness within the time period, the
5treatment supervisor shall also file a treatment plan which
6shall include:
7        (1) A diagnosis of the defendant's disability;
8        (2) A description of treatment goals with respect to
9    rendering the defendant fit, a specification of the
10    proposed treatment modalities, and an estimated timetable
11    for attainment of the goals;
12        (3) An identification of the person in charge of
13    supervising the defendant's treatment.
14(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
 
15    (Text of Section after amendment by P.A. 101-652)
16    Sec. 104-17. Commitment for treatment; treatment plan.
17    (a) If the defendant is eligible to be or has been released
18on pretrial release or on his own recognizance, the court
19shall select the least physically restrictive form of
20treatment therapeutically appropriate and consistent with the
21treatment plan. The placement may be ordered either on an
22inpatient or an outpatient basis.
23    (b) If the defendant's disability is mental, the court may
24order him placed for treatment in the custody of the
25Department of Human Services, or the court may order him

 

 

SB4012- 6 -LRB102 25900 RLC 35259 b

1placed in the custody of any other appropriate public or
2private mental health facility or treatment program which has
3agreed to provide treatment to the defendant. If the court
4orders the defendant placed in the custody of the Department
5of Human Services, the Department shall evaluate the defendant
6to determine to which secure facility the defendant shall be
7transported and, within 20 days of the transmittal by the
8clerk of the circuit court of the placement court order,
9notify the sheriff of the designated facility. Failure to meet
10the 20 day timeline shall be considered contempt of court and
11the Department shall pay the sheriff the daily rate and
12reimbursement for any additional costs, as determined by the
13sheriff. The Department shall also ensure that a sufficient
14number of placements exist to meet this requirement. Upon
15receipt of that notice, the sheriff shall promptly transport
16the defendant to the designated facility. If the defendant is
17placed in the custody of the Department of Human Services, the
18defendant shall be placed in a secure setting. During the
19period of time required to determine the appropriate placement
20the defendant shall remain in jail. If during the course of
21evaluating the defendant for placement, the Department of
22Human Services determines that the defendant is currently fit
23to stand trial, it shall immediately notify the court and
24shall submit a written report within 7 days. In that
25circumstance the placement shall be held pending a court
26hearing on the Department's report. Otherwise, upon completion

 

 

SB4012- 7 -LRB102 25900 RLC 35259 b

1of the placement process, the sheriff shall be notified and
2shall transport the defendant to the designated facility. If,
3within 20 days of the transmittal by the clerk of the circuit
4court of the placement court order, the Department fails to
5notify the sheriff of the identity of the facility to which the
6defendant shall be transported, the sheriff shall contact a
7designated person within the Department to inquire about when
8a placement will become available at the designated facility
9and bed availability at other facilities. If, within 20 days
10of the transmittal by the clerk of the circuit court of the
11placement court order, the Department fails to notify the
12sheriff of the identity of the facility to which the defendant
13shall be transported, the sheriff shall notify the Department
14of its intent to transfer the defendant to the nearest secure
15mental health facility operated by the Department and inquire
16as to the status of the placement evaluation and availability
17for admission to such facility operated by the Department by
18contacting a designated person within the Department. The
19Department shall respond to the sheriff within 2 business days
20of the notice and inquiry by the sheriff seeking the transfer
21and the Department shall provide the sheriff with the status
22of the evaluation, information on bed and placement
23availability, and an estimated date of admission for the
24defendant and any changes to that estimated date of admission.
25If the Department notifies the sheriff during the 2 business
26day period of a facility operated by the Department with

 

 

SB4012- 8 -LRB102 25900 RLC 35259 b

1placement availability, the sheriff shall promptly transport
2the defendant to that facility. The placement may be ordered
3either on an inpatient or an outpatient basis.
4    (c) If the defendant's disability is physical, the court
5may order him placed under the supervision of the Department
6of Human Services which shall place and maintain the defendant
7in a suitable treatment facility or program, or the court may
8order him placed in an appropriate public or private facility
9or treatment program which has agreed to provide treatment to
10the defendant. The placement may be ordered either on an
11inpatient or an outpatient basis.
12    (d) The clerk of the circuit court shall within 5 days of
13the entry of the order transmit to the Department, agency or
14institution, if any, to which the defendant is remanded for
15treatment, the following:
16        (1) a certified copy of the order to undergo
17    treatment. Accompanying the certified copy of the order to
18    undergo treatment shall be the complete copy of any report
19    prepared under Section 104-15 of this Code or other report
20    prepared by a forensic examiner for the court;
21        (2) the county and municipality in which the offense
22    was committed;
23        (3) the county and municipality in which the arrest
24    took place;
25        (4) a copy of the arrest report, criminal charges,
26    arrest record; and

 

 

SB4012- 9 -LRB102 25900 RLC 35259 b

1        (5) all additional matters which the Court directs the
2    clerk to transmit.
3    (e) Within 30 days of entry of an order to undergo
4treatment, the person supervising the defendant's treatment
5shall file with the court, the State, and the defense a report
6assessing the facility's or program's capacity to provide
7appropriate treatment for the defendant and indicating his
8opinion as to the probability of the defendant's attaining
9fitness within a period of time from the date of the finding of
10unfitness. For a defendant charged with a felony, the period
11of time shall be one year. For a defendant charged with a
12misdemeanor, the period of time shall be no longer than the
13sentence if convicted of the most serious offense. If the
14report indicates that there is a substantial probability that
15the defendant will attain fitness within the time period, the
16treatment supervisor shall also file a treatment plan which
17shall include:
18        (1) A diagnosis of the defendant's disability;
19        (2) A description of treatment goals with respect to
20    rendering the defendant fit, a specification of the
21    proposed treatment modalities, and an estimated timetable
22    for attainment of the goals;
23        (3) An identification of the person in charge of
24    supervising the defendant's treatment.
25(Source: P.A. 100-27, eff. 1-1-18; 101-652, eff. 1-1-23.)
 

 

 

SB4012- 10 -LRB102 25900 RLC 35259 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.