093_SB0639enr

 
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 1        AN ACT concerning mental health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section   5.  The   Mental   Health   and   Developmental
 5    Disabilities Code is amended by changing Sections  3-605  and
 6    3-819 as follows:

 7        (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
 8        Sec.   3-605.  (a)   Upon   receipt  of  a  petition  and
 9    certificate prepared pursuant to  this  Article,  the  county
10    sheriff  of  the  county in which a respondent is found shall
11    take a respondent into custody  and  notify  the  Department.
12    The  Department  shall  and  transport him to a mental health
13    facility, or may make arrangements either directly or through
14    agreements with other  another  public  or  private  entities
15    entity    including   a   licensed   ambulance   service   to
16    appropriately transport the respondent to the  mental  health
17    facility. In the event it is determined by such facility that
18    the  respondent  is  in  need  of  commitment or treatment at
19    another mental health facility, the Department county sheriff
20    shall transport the  respondent  to  the  appropriate  mental
21    health  facility, or the county sheriff may make arrangements
22    either directly or through agreements  with other  public  or
23    private entities another public or private entity including a
24    licensed  ambulance  service  to  appropriately transport the
25    respondent to the mental health facility.
26        (b)  The county sheriff may delegate his duties hereunder
27    to another law enforcement body within that  county  if  that
28    law enforcement body agrees.
29        (c)  The  transporting authority acting in good faith and
30    without negligence in connection with the  transportation  of
31    respondents  shall  incur no liability, civil or criminal, by
 
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 1    reason of such transportation.
 2        (d)  The respondent and the estate of that respondent are
 3    liable  for  the  payment   of   transportation   costs   for
 4    transporting  the respondent to a mental health facility.  If
 5    the respondent is a  beneficiary  of  a  trust  described  in
 6    Section  15.1 of the Trusts and Trustees Act, the trust shall
 7    not be considered a part of the respondent's estate and shall
 8    not be  subject  to  payment  for  transportation  costs  for
 9    transporting the respondent to a mental health facility under
10    this  Section  except  to  the extent permitted under Section
11    15.1 of the Trusts and Trustees Act.  If  the  respondent  is
12    unable  to  pay  or  if  the  estate  of  the  respondent  is
13    insufficient,  the responsible relatives are severally liable
14    for the payment of those sums or for the balance due in  case
15    less  than  the amount owing has been paid. If the respondent
16    is covered by  insurance,  the  insurance  carrier  shall  be
17    liable   for   payment   to  the  extent  authorized  by  the
18    respondent's insurance policy.
19        (e)  The Department may not  make  arrangements  with  an
20    existing   hospital   or   grant-in-aid   or  fee-for-service
21    community provider for  transportation  services  under  this
22    Section  unless  the  hospital  or  provider  has voluntarily
23    submitted a proposal for its  transportation  services.  This
24    proposal shall include the provision of trained personnel and
25    the  use  of an appropriate vehicle for the safe transport of
26    the respondents.
27    (Source: P.A. 87-1158.)

28        (405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
29        Sec. 3-819.  (a) When a recipient  is  hospitalized  upon
30    court  order, the order may authorize a relative or friend of
31    the recipient to transport the recipient to the  facility  if
32    such  person  is able to do so safely and humanely.  When the
33    Department  indicates  that  it  has  transportation  to  the
 
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 1    facility available, the order may authorize the Department to
 2    transport the  recipient  there.  The  court  may  order  the
 3    Department  sheriff  of  the county in which such proceedings
 4    are held to transport the recipient to the facility.  When  a
 5    recipient is hospitalized upon court order, and the recipient
 6    has  been transported to a mental health facility, other than
 7    a state-operated mental health facility, and it is determined
 8    by the facility that the recipient is in need  of  commitment
 9    or  treatment  at  another  mental health facility, the court
10    shall determine whether a relative or friend of the recipient
11    or the Department is authorized to  transport  the  recipient
12    between  facilities, or whether the Department county sheriff
13    is  responsible  for  transporting  the   recipient   between
14    facilities.    The   Department   shall   sheriff   may  make
15    arrangements  either  directly  or  through  agreements  with
16    another  public  or  private  entity  including   a  licensed
17    ambulance service to appropriately transport the recipient to
18    the facility.  The transporting entity acting in  good  faith
19    and  without negligence in connection with the transportation
20    of recipients shall incur no liability, civil or criminal, by
21    reason of such transportation.
22        (b)  The court may authorize the transporting  entity  to
23    bill  the  recipient,  the  estate  of the recipient, legally
24    responsible relatives, or insurance carrier for the  cost  of
25    providing  transportation of the recipient to a mental health
26    facility.  The recipient and the estate of the recipient  are
27    liable   for   the   payment   of  transportation  costs  for
28    transporting the recipient to a mental health  facility.   If
29    the  recipient  is  a  beneficiary  of  a  trust described in
30    Section 15.1 of the Trusts and Trustees Act, the trust  shall
31    not  be considered a part of the recipient's estate and shall
32    not be  subject  to  payment  for  transportation  costs  for
33    transporting  the recipient to a mental health facility under
34    this section, except to the extent  permitted  under  Section
 
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 1    15.1  of  the  Trusts  and Trustees Act.  If the recipient is
 2    unable  to  pay  or  if  the  estate  of  the  recipient   is
 3    insufficient,  the responsible relatives are severally liable
 4    for the payment of those sums or for the balance due in  case
 5    less  than  the amount owing has been paid.  If the recipient
 6    is covered by  insurance,  the  insurance  carrier  shall  be
 7    liable   for   payment   to  the  extent  authorized  by  the
 8    recipient's insurance policy.
 9        (c)  Upon the delivery of a recipient to a  facility,  in
10    accordance  with the procedure set forth in this Article, the
11    facility director  of  the  facility  shall  sign  a  receipt
12    acknowledging  custody  of the recipient and for any personal
13    property belonging to him, which receipt shall be filed  with
14    the clerk of the court entering the hospitalization order.
15        (d)  The  Department  may  not  make arrangements with an
16    existing  hospital   or   grant-in-aid   or   fee-for-service
17    community  provider  for  transportation  services under this
18    Section unless  the  hospital  or  provider  has  voluntarily
19    submitted  a  proposal  for its transportation services. This
20    proposal shall include the provision of trained personnel and
21    the use of an appropriate vehicle for the safe  transport  of
22    the recipients.
23    (Source: P.A. 87-1158; 88-380.)

24        Section  10.  The  Code  of Criminal Procedure of 1963 is
25    amended by changing Section 104-17 as follows:

26        (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
27        Sec. 104-17.  Commitment for Treatment; Treatment Plan.
28        (a)  If the defendant is  eligible  to  be  or  has  been
29    released  on bail or on his own recognizance, the court shall
30    select the least physically  restrictive  form  of  treatment
31    therapeutically appropriate and consistent with the treatment
32    plan.
 
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 1        (b)  If  the  defendant's disability is mental, the court
 2    may order him placed for treatment  in  the  custody  of  the
 3    Department  of  Human  Services,  or  the court may order him
 4    placed in the custody of  any  other  appropriate  public  or
 5    private mental health facility or treatment program which has
 6    agreed  to  provide  treatment  to  the  defendant.   If  the
 7    defendant is placed in the custody of the Department of Human
 8    Services,  the  defendant shall be placed in a secure setting
 9    unless the court determines that there are compelling reasons
10    why such placement is not necessary.  During  the  period  of
11    time  required  to  determine  the  appropriate placement the
12    defendant shall remain  in  jail.   Upon  completion  of  the
13    placement  process,  the Department of Human Services sheriff
14    shall be notified and shall make arrangements either directly
15    or through agreements with other public or  private  entities
16    to  appropriately  transport  the defendant to the designated
17    facility.   The  placement  may  be  ordered  either  on   an
18    inpatient or an outpatient basis.
19        (c)  If the defendant's disability is physical, the court
20    may  order him placed under the supervision of the Department
21    of  Human  Services  which  shall  place  and  maintain   the
22    defendant in a suitable treatment facility or program, or the
23    court  may  order  him  placed  in  an  appropriate public or
24    private facility or treatment program  which  has  agreed  to
25    provide  treatment  to  the  defendant.  The placement may be
26    ordered either on an inpatient or an outpatient basis.
27        (d)  The clerk of the circuit court shall transmit to the
28    Department, agency or  institution,  if  any,  to  which  the
29    defendant is remanded for treatment, the following:
30             (1)  a  certified  copy  of  the  order  to  undergo
31        treatment;
32             (2)  the   county  and  municipality  in  which  the
33        offense was committed;
34             (3)  the county and municipality in which the arrest
 
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 1        took place; and
 2             (4)  all additional matters which the Court  directs
 3        the clerk to transmit.
 4        (e)  Within  30  days  of  entry  of  an order to undergo
 5    treatment, the person supervising the  defendant's  treatment
 6    shall  file  with  the  court,  the  State, and the defense a
 7    report assessing the  facility's  or  program's  capacity  to
 8    provide   appropriate   treatment   for   the  defendant  and
 9    indicating  his  opinion  as  to  the  probability   of   the
10    defendant's  attaining  fitness  within  a period of one year
11    from the date of the finding of  unfitness.   If  the  report
12    indicates  that  there  is a substantial probability that the
13    defendant will attain fitness within  the  time  period,  the
14    treatment  supervisor  shall also file a treatment plan which
15    shall include:
16             (1)  A diagnosis of the defendant's disability;
17             (2)  A description of treatment goals  with  respect
18        to  rendering  the  defendant fit, a specification of the
19        proposed treatment modalities, and an estimated timetable
20        for attainment of the goals;
21             (3)  An identification of the person  in  charge  of
22        supervising the defendant's treatment.
23        (f)  The  Department  may  not  make arrangements with an
24    existing  hospital   or   grant-in-aid   or   fee-for-service
25    community  provider  for   transportation services under this
26    Section unless  the  hospital  or  provider  has  voluntarily
27    submitted  a  proposal  for its transportation services. This
28    proposal shall include the provision of trained personnel and
29    the use of an appropriate vehicle for the safe  transport  of
30    the defendants.
31    (Source: P.A. 89-507, eff. 7-1-97.)

32        Section  15.  The  Unified Code of Corrections is amended
33    by changing Section 5-2-4 as follows:
 
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 1        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
 2        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
 3    Insanity.
 4        (a)  After  a  finding or verdict of not guilty by reason
 5    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
 6    of Criminal Procedure of 1963, the defendant shall be ordered
 7    to the Department of Human Services for an evaluation  as  to
 8    whether  he is subject to involuntary admission or in need of
 9    mental health services.  The order shall specify whether  the
10    evaluation  shall  be conducted on an inpatient or outpatient
11    basis. If the evaluation is to be conducted on  an  inpatient
12    basis,  the  defendant  shall  be  placed in a secure setting
13    unless the Court determines that there are compelling reasons
14    why such placement is not necessary. After the evaluation and
15    during  the  period  of  time  required  to   determine   the
16    appropriate  placement,  the  defendant shall remain in jail.
17    Upon completion of the placement  process the  Department  of
18    Human  Services  sheriff  shall  be  notified  and shall make
19    arrangements either directly or through agreements with other
20    public or private entities to appropriately  transport    the
21    defendant to the designated facility.
22        The Department may not make arrangements with an existing
23    hospital   or   grant-in-aid   or  fee-for-service  community
24    provider  for  transportation  services  under  this  Section
25    unless the hospital or provider has voluntarily  submitted  a
26    proposal for its transportation services. This proposal shall
27    include  the provision of trained personnel and the use of an
28    appropriate vehicle for the safe transport of the defendants.
29        The Department shall provide the Court with a  report  of
30    its evaluation within 30 days of the date of this order.  The
31    Court  shall  hold  a  hearing  as  provided under the Mental
32    Health and Developmental Disabilities Code  to  determine  if
33    the  individual is: (a) subject to involuntary admission; (b)
34    in need of mental health services on an inpatient basis;  (c)
 
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 1    in need of mental health services on an outpatient basis; (d)
 2    a  person  not  in need of mental health services.  The Court
 3    shall enter its findings.
 4        If the defendant is found to be  subject  to  involuntary
 5    admission  or  in  need  of  mental  health  services  on  an
 6    inpatient  care basis, the Court shall order the defendant to
 7    the Department of Human  Services.  The  defendant  shall  be
 8    placed  in  a secure setting unless the Court determines that
 9    there are  compelling  reasons  why  such  placement  is  not
10    necessary.  Such  defendants placed in a secure setting shall
11    not be permitted outside the facility's housing  unit  unless
12    escorted  or  accompanied  by  personnel of the Department of
13    Human Services or with the prior approval of  the  Court  for
14    unsupervised  on-grounds  privileges  as provided herein. Any
15    defendant  placed  in  a  secure  setting  pursuant  to  this
16    Section, transported to court  hearings  or  other  necessary
17    appointments   off  facility  grounds  by  personnel  of  the
18    Department of Human  Services,  may  be  placed  in  security
19    devices   or   otherwise   secured   during   the  period  of
20    transportation to assure secure transport  of  the  defendant
21    and  the safety of Department of Human Services personnel and
22    others.   These  security  measures  shall   not   constitute
23    restraint  as  defined in the Mental Health and Developmental
24    Disabilities Code. If the defendant is found to be in need of
25    mental health services, but not on an inpatient  care  basis,
26    the  Court  shall  conditionally release the defendant, under
27    such  conditions  as  set  forth  in  this  Section  as  will
28    reasonably assure the defendant's  satisfactory  progress  in
29    treatment  or  rehabilitation and the safety of the defendant
30    or others.  If the Court finds the  person  not  in  need  of
31    mental  health  services,  then  the  Court  shall  order the
32    defendant discharged from custody.
33        (1)  Definitions:  For the purposes of this Section:
34             (A)  "Subject to involuntary  admission"  means:   a
 
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 1        defendant   has  been  found  not  guilty  by  reason  of
 2        insanity; and
 3                  (i)  who is mentally ill and who because of his
 4             mental illness is  reasonably  expected  to  inflict
 5             serious physical harm upon himself or another in the
 6             near future; or
 7                  (ii)  who  is  mentally  ill and who because of
 8             his illness is  unable  to  provide  for  his  basic
 9             physical  needs  so as to guard himself from serious
10             harm.
11             (B)  "In  need  of  mental  health  services  on  an
12        inpatient basis" means: a defendant who  has  been  found
13        not  guilty  by  reason of insanity who is not subject to
14        involuntary admission but who is reasonably  expected  to
15        inflict serious physical harm upon himself or another and
16        who  would  benefit  from inpatient care or is in need of
17        inpatient care.
18             (C)  "In  need  of  mental  health  services  on  an
19        outpatient basis" means: a defendant who has  been  found
20        not  guilty  by  reason of insanity who is not subject to
21        involuntary  admission  or  in  need  of  mental   health
22        services  on  an  inpatient  basis,  but  is  in  need of
23        outpatient  care,  drug  and/or  alcohol   rehabilitation
24        programs,   community  adjustment  programs,  individual,
25        group, or family therapy, or chemotherapy.
26             (D)  "Conditional Release" means: the  release  from
27        either the custody of the Department of Human Services or
28        the  custody  of the Court of a person who has been found
29        not guilty by reason of insanity under such conditions as
30        the  Court  may  impose  which  reasonably   assure   the
31        defendant's   satisfactory   progress   in  treatment  or
32        habilitation and the safety of the defendant and  others.
33        The  Court shall consider such terms and conditions which
34        may include, but need not be limited to, outpatient care,
 
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 1        alcoholic and  drug  rehabilitation  programs,  community
 2        adjustment   programs,  individual,  group,  family,  and
 3        chemotherapy, periodic checks with the legal  authorities
 4        and/or  the  Department of Human Services.  The person or
 5        facility rendering the outpatient care shall be  required
 6        to  periodically  report  to the Court on the progress of
 7        the defendant. Such conditional release shall  be  for  a
 8        period of five years, unless the defendant, the person or
 9        facility  rendering  the  treatment,  therapy, program or
10        outpatient care, or the State's  Attorney  petitions  the
11        Court  for an extension of the conditional release period
12        for an additional three years. Upon  receipt  of  such  a
13        petition,  the Court shall hold a hearing consistent with
14        the provisions of this paragraph (a) and paragraph (f) of
15        this  Section,  shall  determine  whether  the  defendant
16        should continue to be subject to the terms of conditional
17        release, and shall enter an order  either  extending  the
18        defendant's  period  of  conditional release for a single
19        additional  three  year   period   or   discharging   the
20        defendant.  In  no  event shall the defendant's period of
21        conditional release exceed eight years. These  provisions
22        for  extension of conditional release shall only apply to
23        defendants conditionally released on  or  after  July  1,
24        1979.  However  the  extension  provisions  of Public Act
25        83-1449 apply only to defendants charged with a  forcible
26        felony.
27             (E)  "Facility  director" means the chief officer of
28        a mental health or developmental disabilities facility or
29        his or her designee or the supervisor  of  a  program  of
30        treatment   or  habilitation  or  his  or  her  designee.
31        "Designee"   may   include    a    physician,    clinical
32        psychologist, social worker, or nurse.
33        (b)  If   the   Court  finds  the  defendant  subject  to
34    involuntary admission or in need of mental health services on
 
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 1    an inpatient basis, the admission, detention, care, treatment
 2    or  habilitation,  treatment   plans,   review   proceedings,
 3    including  review  of  treatment  and  treatment  plans,  and
 4    discharge  of  the  defendant after such order shall be under
 5    the Mental Health and Developmental Disabilities Code, except
 6    that the initial order for admission of a defendant acquitted
 7    of a felony by reason of insanity shall be for an  indefinite
 8    period  of  time.  Such period of commitment shall not exceed
 9    the maximum length of time that the defendant would have been
10    required to serve, less  credit  for  good  behavior,  before
11    becoming  eligible  for  release had he been convicted of and
12    received the maximum sentence for the most serious crime  for
13    which  he has been acquitted by reason of insanity. The Court
14    shall determine  the  maximum  period  of  commitment  by  an
15    appropriate order. During  this period of time, the defendant
16    shall  not be permitted to be in the community in any manner,
17    including but not limited to off-grounds privileges, with  or
18    without  escort  by  personnel  of  the  Department  of Human
19    Services, unsupervised on-grounds  privileges,  discharge  or
20    conditional  or  temporary  release,  except  by  a  plan  as
21    provided  in  this  Section.  In no event shall a defendant's
22    continued unauthorized absence be a basis for discharge.  Not
23    more  than  30  days  after  admission  and  every  60   days
24    thereafter  so  long  as the initial order remains in effect,
25    the facility director shall file a treatment plan report with
26    the court and forward a copy of the treatment plan report  to
27    the  clerk  of  the  court,  the  State's  Attorney,  and the
28    defendant's attorney, if  the  defendant  is  represented  by
29    counsel, or to a person authorized by the defendant under the
30    Mental  Health and Developmental Disabilities Confidentiality
31    Act to be sent a  copy  of  the  report.   The  report  shall
32    include  an  opinion as to whether the defendant is currently
33    subject to involuntary admission, in need  of  mental  health
34    services  on  an inpatient basis, or in need of mental health
 
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 1    services on an  outpatient  basis.   The  report  shall  also
 2    summarize  the basis for those findings and provide a current
 3    summary of the following items from the treatment  plan:  (1)
 4    an  assessment  of  the  defendant's  treatment  needs, (2) a
 5    description of the services recommended  for  treatment,  (3)
 6    the  goals  of  each  type  of  element  of  service,  (4) an
 7    anticipated timetable for the accomplishment  of  the  goals,
 8    and   (5)   a   designation  of  the  qualified  professional
 9    responsible for the implementation of the  plan.  The  report
10    may   also   include   unsupervised   on-grounds  privileges,
11    off-grounds privileges (with or without escort  by  personnel
12    of  the  Department  of  Human  Services),  home  visits  and
13    participation   in   work   programs,  but  only  where  such
14    privileges have been approved by specific court order,  which
15    order  may  include  such  conditions on the defendant as the
16    Court may deem appropriate and necessary to reasonably assure
17    the defendant's satisfactory progress in  treatment  and  the
18    safety of the defendant and others.
19        (c)  Every  defendant  acquitted of a felony by reason of
20    insanity and subsequently found to be subject to  involuntary
21    admission  or  in  need  of  mental  health services shall be
22    represented by counsel in all proceedings under this  Section
23    and  under  the  Mental Health and Developmental Disabilities
24    Code.
25             (1)  The Court shall appoint as counsel  the  public
26        defender or an attorney licensed by this State.
27             (2)  Upon  filing  with  the  Court  of  a  verified
28        statement  of  legal  services  rendered  by  the private
29        attorney appointed pursuant  to  paragraph  (1)  of  this
30        subsection,  the  Court  shall determine a reasonable fee
31        for such services.  If the defendant is unable to pay the
32        fee, the Court shall enter an order upon the State to pay
33        the entire fee or such amount as the defendant is  unable
34        to  pay  from  funds appropriated by the General Assembly
 
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 1        for that purpose.
 2        (d)  When the facility director determines that:
 3             (1)  the  defendant  is   no   longer   subject   to
 4        involuntary   admission  or  in  need  of  mental  health
 5        services on an inpatient basis; and
 6             (2)  the defendant  may  be  conditionally  released
 7        because  he  or  she  is  still  in need of mental health
 8        services or that the defendant may be discharged  as  not
 9        in need of any mental health services; or
10             (3)  the defendant no longer requires placement in a
11        secure setting;
12    the facility director shall give written notice to the Court,
13    State's  Attorney and defense attorney. Such notice shall set
14    forth in detail the  basis  for  the  recommendation  of  the
15    facility  director,  and specify clearly the recommendations,
16    if any, of  the  facility  director,  concerning  conditional
17    release.   Within 30 days of the notification by the facility
18    director, the Court shall set a hearing and make a finding as
19    to whether the defendant is:
20             (i)  subject to involuntary admission; or
21             (ii)  in need of mental health services in the  form
22        of inpatient care; or
23             (iii)  in  need  of  mental  health services but not
24        subject to involuntary admission or inpatient care; or
25             (iv)  no longer in need of mental  health  services;
26        or
27             (v)  no   longer  requires  placement  in  a  secure
28        setting.
29        Upon finding by the Court,  the  Court  shall  enter  its
30    findings and such appropriate order as provided in subsection
31    (a) of this Section.
32        (e)  A  defendant  admitted  pursuant to this Section, or
33    any person on his behalf, may  file a petition for  treatment
34    plan  review,  transfer  to  a  non-secure setting within the
 
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 1    Department of Human  Services  or  discharge  or  conditional
 2    release  under  the  standards  of  this Section in the Court
 3    which rendered the verdict.  Upon receipt of a  petition  for
 4    treatment  plan  review,  transfer to a non-secure setting or
 5    discharge or conditional  release,  the  Court  shall  set  a
 6    hearing  to  be  held  within  120  days.  Thereafter, no new
 7    petition may be filed for  120  days  without  leave  of  the
 8    Court.
 9        (f)  The  Court  shall direct that notice of the time and
10    place of the  hearing  be  served  upon  the  defendant,  the
11    facility  director, the State's Attorney, and the defendant's
12    attorney. If requested by either the State or the defense  or
13    if   the   Court   feels  it  is  appropriate,  an  impartial
14    examination of the defendant by a  psychiatrist  or  clinical
15    psychologist as defined in Section 1-103 of the Mental Health
16    and  Developmental Disabilities Code who is not in the employ
17    of the Department of Human Services shall be ordered, and the
18    report considered at the time of the hearing.
19        (g)  The findings of the Court shall  be  established  by
20    clear  and  convincing evidence.  The burden of proof and the
21    burden of  going  forth  with  the  evidence  rest  with  the
22    defendant  or  any  person  on  the defendant's behalf when a
23    hearing is held to review the determination of  the  facility
24    director  that  the  defendant  should  be  transferred  to a
25    non-secure setting, discharged, or conditionally released  or
26    when  a  hearing  is held to review a petition filed by or on
27    behalf of the defendant.  The evidence shall be presented  in
28    open    Court   with   the   right   of   confrontation   and
29    cross-examination.
30        (h)  If the Court finds that the defendant is  no  longer
31    in need of mental health services it shall order the facility
32    director to discharge the defendant.  If the Court finds that
33    the  defendant  is  in need of mental health services, and no
34    longer in need of inpatient care, it shall order the facility
 
SB639 Enrolled             -15-      LRB093 09600 BDD 09838 b
 1    director to release the defendant under  such  conditions  as
 2    the  Court deems appropriate and as provided by this Section.
 3    Such conditional release shall be imposed  for  a  period  of
 4    five years and shall be subject  to later modification by the
 5    Court  as  provided  by this Section. If the Court finds that
 6    the defendant is subject to involuntary admission or in  need
 7    of  mental  health  services  on an inpatient basis, it shall
 8    order the facility director not to discharge or  release  the
 9    defendant in accordance with paragraph (b) of this Section.
10        (i)  If  within the period of the defendant's conditional
11    release, the Court determines, after hearing  evidence,  that
12    the  defendant  has  not fulfilled the conditions of release,
13    the Court shall order a hearing to be  held  consistent  with
14    the  provisions  of paragraph (f) and (g) of this Section. At
15    such hearing, if  the  Court  finds  that  the  defendant  is
16    subject  to involuntary admission or in need of mental health
17    services on an inpatient  basis,  it  shall  enter  an  order
18    remanding  him  or her to the Department of Human Services or
19    other  facility.  If  the  defendant  is  remanded   to   the
20    Department  of Human Services, he or she shall be placed in a
21    secure setting unless the Court  determines  that  there  are
22    compelling  reasons  that such placement is not necessary. If
23    the Court finds that the defendant  continues to be  in  need
24    of  mental  health services but not on an inpatient basis, it
25    may modify the conditions of the original release in order to
26    reasonably assure the defendant's  satisfactory  progress  in
27    treatment  and his or her safety and the safety of others. In
28    no event shall such conditional release be longer than  eight
29    years. Nothing in this Section shall limit a Court's contempt
30    powers or any other powers of a Court.
31        (j)  An  order  of  admission under this Section does not
32    affect the remedy of habeas corpus.
33        (k)  In the event of a conflict between this Section  and
34    the  Mental Health and Developmental Disabilities Code or the
 
SB639 Enrolled             -16-      LRB093 09600 BDD 09838 b
 1    Mental Health and Developmental Disabilities  Confidentiality
 2    Act, the provisions of this Section shall govern.
 3        (l)  This  amendatory  Act shall apply to all persons who
 4    have been found not guilty by reason of insanity and who  are
 5    presently  committed  to  the Department of Mental Health and
 6    Developmental  Disabilities  (now  the  Department  of  Human
 7    Services).
 8        (m)  The Clerk of the Court shall, after the entry of  an
 9    order  of  transfer to a non-secure setting of the Department
10    of  Human  Services  or  discharge  or  conditional  release,
11    transmit a certified copy of the order to the  Department  of
12    Human  Services, and the sheriff of the county from which the
13    defendant was admitted.  In cases where  the  arrest  of  the
14    defendant  or the commission of the offense took place in any
15    municipality with a population of more than  25,000  persons,
16    the  Clerk  of the Court shall also transmit a certified copy
17    of the order of  discharge  or  conditional  release  to  the
18    proper  law enforcement agency for said municipality provided
19    the municipality has requested such notice in writing.
20    (Source: P.A. 90-105, eff.  7-11-97;  90-593,  eff.  6-19-98;
21    91-536, eff. 1-1-00; 91-770, eff. 1-1-01.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.