Full Text of SB0073 97th General Assembly
SB0073 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0073 Introduced 1/27/2011, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/104-17 | from Ch. 38, par. 104-17 |
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Amends the Code of Criminal Procedure of 1963. Provides that if a defendant suffers from a mental disability and is placed in the custody of the Department of Human Services, the defendant will not be placed in a secure setting if the defendant is charged with a misdemeanor and the Department determines that the defendant could be appropriately placed in a non-secure setting. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 104-17 as follows:
| 6 | | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| 7 | | Sec. 104-17. Commitment for Treatment; Treatment Plan.
| 8 | | (a) If the defendant
is eligible to be or has been released | 9 | | on bail or on his own recognizance,
the court shall select the | 10 | | least physically restrictive form of treatment
therapeutically | 11 | | appropriate and consistent with the treatment plan.
| 12 | | (b) If the defendant's disability is mental, the court may | 13 | | order him placed
for treatment in the custody of the Department | 14 | | of Human Services, or the court may order him placed in
the | 15 | | custody of any other
appropriate public or private mental | 16 | | health facility or treatment program
which has agreed to | 17 | | provide treatment to the defendant. If the defendant
is placed | 18 | | in the custody of the Department of Human Services, the | 19 | | defendant shall be placed in a
secure setting unless the
court | 20 | | determines that
there are compelling reasons why such placement | 21 | | is not necessary or if the defendant is charged with a | 22 | | misdemeanor and the Department of Human Services determines | 23 | | that the defendant could be appropriately placed in a |
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| 1 | | non-secure setting . During
the period of time required to | 2 | | determine the appropriate placement the
defendant shall remain | 3 | | in jail. If upon the completion of the placement process the | 4 | | Department of Human Services determines that the defendant is | 5 | | currently fit to stand trial, it shall immediately notify the | 6 | | court and shall submit a written report within 7 days. In that | 7 | | circumstance the placement shall be held pending a court | 8 | | hearing on the Department's report. Otherwise, upon completion | 9 | | of the placement process, the
sheriff shall be notified and | 10 | | shall transport the defendant to the designated
facility. The | 11 | | placement may be ordered either on an inpatient or an | 12 | | outpatient
basis.
| 13 | | (c) If the defendant's disability is physical, the court | 14 | | may order him
placed under the supervision of the Department of | 15 | | Human
Services
which shall place and maintain the defendant in | 16 | | a suitable treatment facility
or program, or the court may | 17 | | order him placed in an appropriate public or
private facility | 18 | | or treatment program which has agreed to provide treatment
to | 19 | | the defendant. The placement may be ordered either on an | 20 | | inpatient or
an outpatient basis.
| 21 | | (d) The clerk of the circuit court shall transmit to the | 22 | | Department, agency
or institution, if any, to which the | 23 | | defendant is remanded for treatment, the
following:
| 24 | | (1) a certified copy of the order to undergo treatment;
| 25 | | (2) the county and municipality in which the offense | 26 | | was committed;
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| 1 | | (3) the county and municipality in which the arrest | 2 | | took place; | 3 | | (4) a copy of the arrest report, criminal charges, | 4 | | arrest record, jail record, and the report prepared under | 5 | | Section 104-15; and
| 6 | | (5) all additional matters which the Court directs the | 7 | | clerk to transmit.
| 8 | | (e) Within 30 days of entry of an order to undergo | 9 | | treatment, the person
supervising the defendant's treatment | 10 | | shall file with the court, the State,
and the defense a report | 11 | | assessing the facility's or program's capacity
to provide | 12 | | appropriate treatment for the defendant and indicating his | 13 | | opinion
as to the probability of the defendant's attaining | 14 | | fitness within a period
of one year from the date of the | 15 | | finding of unfitness. If the report indicates
that there is a | 16 | | substantial probability that the defendant will attain fitness
| 17 | | within the time period, the treatment supervisor shall also | 18 | | file a treatment
plan which shall include:
| 19 | | (1) A diagnosis of the defendant's disability;
| 20 | | (2) A description of treatment goals with respect to | 21 | | rendering the
defendant
fit, a specification of the | 22 | | proposed treatment modalities, and an estimated
timetable | 23 | | for attainment of the goals;
| 24 | | (3) An identification of the person in charge of | 25 | | supervising the
defendant's
treatment.
| 26 | | (Source: P.A. 95-296, eff. 8-20-07; 96-310, eff. 8-11-09.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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