Full Text of SB0224 101st General Assembly
SB0224sam001 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 2/5/2020
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| 1 | | AMENDMENT TO SENATE BILL 224
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 224 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-2-4 as follows:
| 6 | | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| 7 | | Sec. 5-2-4. Proceedings after acquittal by reason of | 8 | | insanity.
| 9 | | (a) After a finding or verdict of not guilty by reason of | 10 | | insanity
under Sections 104-25, 115-3, or 115-4 of the Code of | 11 | | Criminal Procedure
of 1963, the defendant shall be ordered to | 12 | | the Department of Human Services for
an evaluation as to
| 13 | | whether he is in need of mental health
services. The order
| 14 | | shall specify whether the evaluation shall be conducted on an | 15 | | inpatient or
outpatient basis. If the evaluation is to be | 16 | | conducted on an inpatient
basis, the defendant shall be placed |
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| 1 | | in a secure setting. With the court order for evaluation shall | 2 | | be sent a copy of the arrest report, criminal charges, arrest | 3 | | record, jail record, any report prepared under Section 115-6 of | 4 | | the Code of Criminal Procedure of 1963, and any statement | 5 | | prepared under Section 6 of the Rights of Crime Victims and | 6 | | Witnesses Act. The clerk of the circuit court shall transmit | 7 | | this information to the Department within 5 days. If the court | 8 | | orders that the evaluation be done on an inpatient basis, the | 9 | | Department shall evaluate the defendant to determine to which | 10 | | secure facility the defendant shall be transported and, within | 11 | | 20 days of the transmittal by the clerk of the circuit court of | 12 | | the placement court order, notify the sheriff of the designated | 13 | | facility. Upon receipt of that notice, the sheriff shall | 14 | | promptly transport the defendant to the designated facility. | 15 | | During
the period of time required to
determine the appropriate | 16 | | placement, the defendant shall
remain in jail. If, within 20 | 17 | | days of the transmittal by the clerk of the circuit court of | 18 | | the placement court order, the Department fails to notify the | 19 | | sheriff of the identity of the facility to which the defendant | 20 | | shall be transported, the sheriff shall contact a designated | 21 | | person within the Department to inquire about when a placement | 22 | | will become available at the designated facility and bed | 23 | | availability at other facilities. If, within
20 days of the | 24 | | transmittal by the clerk of the circuit court of the placement | 25 | | court order, the Department
fails to notify the sheriff of the | 26 | | identity of the facility to
which the defendant shall be |
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| 1 | | transported, the sheriff shall
notify the Department of its | 2 | | intent to transfer the defendant to the nearest secure mental | 3 | | health facility operated by the Department and inquire as to | 4 | | the status of the placement evaluation and availability for | 5 | | admission to the facility operated by the Department by | 6 | | contacting a designated person within the Department. The | 7 | | Department shall respond to the sheriff within 2 business days | 8 | | of the notice and inquiry by the sheriff seeking the transfer | 9 | | and the Department shall provide the sheriff with the status of | 10 | | the placement evaluation, information on bed and placement | 11 | | availability, and an estimated date of admission for the | 12 | | defendant and any changes to that estimated date of admission. | 13 | | If the Department notifies the sheriff during the 2 business | 14 | | day period of a facility operated by the Department with | 15 | | placement availability, the sheriff shall promptly transport | 16 | | the defendant to that facility.
Individualized placement | 17 | | evaluations by the Department of Human Services determine the | 18 | | most appropriate setting for forensic treatment based upon a | 19 | | number of factors including mental health diagnosis, proximity | 20 | | to surviving victims, security need, age, gender, and proximity | 21 | | to family.
| 22 | | The Department shall provide the Court with a report of its | 23 | | evaluation
within 30 days of the date of this order. The Court | 24 | | shall hold a hearing
as provided under the Mental Health and | 25 | | Developmental Disabilities Code to
determine if the individual | 26 | | is:
(a)
in need of mental health services on an inpatient |
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| 1 | | basis; (b) in
need of
mental health services on an outpatient | 2 | | basis; (c) a person not in
need of
mental health services. The | 3 | | court shall afford the victim the opportunity to make a written | 4 | | or oral statement as guaranteed by Article I, Section 8.1 of | 5 | | the Illinois Constitution and Section 6 of the Rights of Crime | 6 | | Victims and Witnesses Act. The court shall allow a victim to | 7 | | make an oral statement if the victim is present in the | 8 | | courtroom and requests to make an oral statement. An oral | 9 | | statement includes the victim or a representative of the victim | 10 | | reading the written statement. The court may allow persons | 11 | | impacted by the crime who are not victims under subsection (a) | 12 | | of Section 3 of the Rights of Crime Victims and Witnesses Act | 13 | | to present an oral or written statement. A victim and any | 14 | | person making an oral statement shall not be put under oath or | 15 | | subject to cross-examination. The court shall consider any | 16 | | statement presented along with all other appropriate factors in | 17 | | determining the sentence of the defendant or disposition of the | 18 | | juvenile. All statements shall become part of the record of the | 19 | | court.
| 20 | | If the defendant is found to be in
need
of mental health | 21 | | services on an inpatient care basis, the Court shall order the
| 22 | | defendant to the Department of Human Services.
The defendant | 23 | | shall be placed in a secure setting. Such
defendants placed in | 24 | | a secure setting shall not be permitted outside the
facility's | 25 | | housing unit unless escorted or accompanied by personnel of the
| 26 | | Department of Human Services or with the prior approval of the |
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| 1 | | Court for
unsupervised
on-grounds privileges as provided
| 2 | | herein.
Any defendant placed in a secure setting pursuant to | 3 | | this Section,
transported to court hearings or other necessary | 4 | | appointments
off facility grounds
by personnel of
the | 5 | | Department of Human Services, shall be
placed in security | 6 | | devices
or otherwise secured during the period of | 7 | | transportation to assure
secure transport of the defendant and | 8 | | the safety of Department
of Human Services personnel and | 9 | | others. These security measures
shall not constitute restraint | 10 | | as defined in the Mental Health and
Developmental Disabilities | 11 | | Code.
If the defendant is found to be in need of mental health | 12 | | services,
but not on an inpatient care basis, the Court shall | 13 | | conditionally release
the defendant, under such conditions as | 14 | | set forth in this Section as will
reasonably assure the | 15 | | defendant's satisfactory progress and participation
in | 16 | | treatment or
rehabilitation and the safety of the defendant, | 17 | | the victim, the victim's family members, and others. If the
| 18 | | Court
finds the person not in need of mental health services, | 19 | | then the Court
shall order the defendant discharged from | 20 | | custody.
| 21 | | (a-1) Definitions. For the purposes of this Section:
| 22 | | (A) (Blank).
| 23 | | (B) "In need of mental health services on an inpatient | 24 | | basis" means: a
defendant who has been found not guilty by | 25 | | reason of insanity but who, due to mental illness, is
| 26 | | reasonably expected to inflict
serious physical harm upon |
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| 1 | | himself or another and who would benefit from
inpatient | 2 | | care or is in need of inpatient care.
| 3 | | (C) "In need of mental health services on an outpatient | 4 | | basis" means:
a defendant who has been found not guilty by | 5 | | reason of insanity who is not in need of mental health | 6 | | services on
an inpatient basis, but is in need of | 7 | | outpatient care, drug and/or alcohol
rehabilitation | 8 | | programs, community adjustment programs, individual, | 9 | | group,
or family therapy, or chemotherapy.
| 10 | | (D) "Conditional Release" means: the release from | 11 | | either the custody
of the Department of Human Services
or | 12 | | the custody of the Court of a person who has been found not | 13 | | guilty by
reason of insanity under such conditions as the | 14 | | Court may impose which
reasonably assure the defendant's | 15 | | satisfactory progress in
treatment or habilitation and the | 16 | | safety of the defendant, the victim, the victim's family, | 17 | | and others. The
Court shall consider such terms and | 18 | | conditions which may include, but need
not be limited to, | 19 | | outpatient care, alcoholic and drug rehabilitation | 20 | | programs,
community adjustment programs, individual, | 21 | | group, family, and chemotherapy,
random testing to ensure | 22 | | the defendant's timely and continuous taking of any
| 23 | | medicines prescribed
to control or manage his or her | 24 | | conduct or mental state, and
periodic checks with the legal | 25 | | authorities and/or the Department of Human
Services.
The | 26 | | Court may order as a condition of conditional release that |
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| 1 | | the
defendant not contact the victim of the offense that
| 2 | | resulted in the finding or
verdict of not guilty by reason | 3 | | of insanity or any other person. The Court may
order the
| 4 | | Department of
Human Services to provide care to any
person | 5 | | conditionally released under this Section. The Department | 6 | | may contract
with any public or private agency in order to | 7 | | discharge any responsibilities
imposed under this Section. | 8 | | The Department shall monitor the provision of
services to | 9 | | persons conditionally released under this Section and | 10 | | provide
periodic reports to the Court concerning the | 11 | | services and the condition of the
defendant.
Whenever a | 12 | | person is conditionally released pursuant to this Section, | 13 | | the
State's Attorney for the county in which the hearing is | 14 | | held shall designate in
writing the name, telephone number, | 15 | | and address of a person employed by him or
her who
shall be | 16 | | notified in the event that either the reporting agency or | 17 | | the
Department decides that the conditional release of the | 18 | | defendant should be
revoked or modified pursuant to | 19 | | subsection (i) of this Section. Such
conditional release | 20 | | shall be for
a period of five years. However, the | 21 | | defendant, the person or
facility
rendering the treatment, | 22 | | therapy, program or outpatient care, the
Department, or the
| 23 | | State's Attorney may petition the Court for an extension of
| 24 | | the conditional
release period for an additional 5 years. | 25 | | Upon receipt of such a
petition, the Court shall hold a | 26 | | hearing consistent with the provisions of
paragraph (a), |
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| 1 | | this paragraph (a-1),
and paragraph (f) of this Section, | 2 | | shall determine
whether the defendant should continue to be | 3 | | subject to the terms of
conditional release, and shall | 4 | | enter an order either extending the
defendant's period of | 5 | | conditional release for an additional 5-year
period or | 6 | | discharging the defendant. An extension of the conditional | 7 | | release period may not be ordered unless there is clear and | 8 | | convincing evidence that the defendant will not | 9 | | participate in mental health services in the absence of a | 10 | | court order to do so, and that in the absence of those | 11 | | mental health services, the defendant is reasonably | 12 | | expected to inflict serious physical harm upon himself, | 13 | | herself, or others.
Additional 5-year periods of | 14 | | conditional release may be ordered following a
hearing as | 15 | | provided in this Section. However,
in no event shall the | 16 | | defendant's
period of conditional release continue beyond | 17 | | the maximum period of
commitment ordered by the Court | 18 | | pursuant to paragraph (b) of this Section. These provisions | 19 | | for
extension of conditional release shall only apply to | 20 | | defendants
conditionally released on or after August 8, | 21 | | 2003. However, the extension
provisions of Public Act | 22 | | 83-1449 apply only to defendants charged
with a forcible | 23 | | felony.
| 24 | | (E) "Facility director" means the chief officer of a | 25 | | mental health or
developmental disabilities facility or | 26 | | his or her designee or the supervisor of
a program of |
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| 1 | | treatment or habilitation or his or her designee. | 2 | | "Designee" may
include a physician, clinical psychologist, | 3 | | social worker, nurse, or clinical
professional counselor.
| 4 | | (b) If the Court finds the defendant in need of mental | 5 | | health services on an
inpatient basis, the
admission, | 6 | | detention, care, treatment or habilitation, treatment plans,
| 7 | | review proceedings, including review of treatment and | 8 | | treatment plans, and
discharge of the defendant after such | 9 | | order shall be under the
Mental Health and Developmental | 10 | | Disabilities Code, except that the
initial order for admission | 11 | | of a defendant acquitted of a felony by
reason of insanity | 12 | | shall be for an indefinite period of time. Such period
of | 13 | | commitment shall not exceed the maximum
length of time that the | 14 | | defendant would have been required to serve,
less credit for | 15 | | good behavior as provided in Section 5-4-1 of the Unified
Code | 16 | | of Corrections, before becoming eligible for
release had
he | 17 | | been convicted of and received the maximum sentence for the | 18 | | most
serious crime for which he has been acquitted by reason of | 19 | | insanity. The
Court shall determine the maximum period of | 20 | | commitment by an appropriate
order. During this period of time, | 21 | | the defendant shall not be permitted
to be in the community in | 22 | | any manner, including, but not limited to, off-grounds
| 23 | | privileges, with or without escort by personnel of the | 24 | | Department of Human
Services, unsupervised on-grounds | 25 | | privileges,
discharge or conditional or temporary release, | 26 | | except by a plan as provided in
this Section. In no event shall |
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| 1 | | a defendant's continued unauthorized
absence be a basis for | 2 | | discharge. Not more than 30 days after admission
and every 90 | 3 | | days thereafter so long as the initial order
remains in effect, | 4 | | the facility director shall file a treatment plan report
in | 5 | | writing with the court
and forward a copy of the treatment plan | 6 | | report to the clerk of the
court, the State's Attorney, and the | 7 | | defendant's attorney, if the defendant is
represented by | 8 | | counsel,
or to a person authorized by
the defendant under the
| 9 | | Mental Health and Developmental Disabilities Confidentiality | 10 | | Act to be sent a
copy of the report. The report shall include | 11 | | an opinion
as to whether the
defendant is currently in need of | 12 | | mental
health services on an inpatient basis or in need of | 13 | | mental health services
on
an outpatient basis. The report shall | 14 | | also summarize the basis for those
findings and provide a | 15 | | current summary of the following items from the
treatment plan: | 16 | | (1) an assessment of the defendant's treatment needs, (2) a
| 17 | | description of the services recommended for treatment, (3) the | 18 | | goals of each
type of element of service, (4) an anticipated | 19 | | timetable for the accomplishment
of the goals, and (5) a | 20 | | designation of the qualified professional responsible
for the | 21 | | implementation of the plan.
The report may also include | 22 | | unsupervised on-grounds
privileges, off-grounds privileges | 23 | | (with or without escort by personnel of the
Department of Human | 24 | | Services), home visits and
participation in work
programs, but | 25 | | only where such privileges have been approved by specific court
| 26 | | order, which order may include such conditions on the defendant |
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| 1 | | as the
Court may deem appropriate and necessary to reasonably | 2 | | assure the defendant's
satisfactory progress in treatment and | 3 | | the safety of the defendant and others.
| 4 | | (c) Every defendant acquitted of a felony by reason of | 5 | | insanity and
subsequently found to be in need of
mental health | 6 | | services shall be represented by counsel in all proceedings | 7 | | under
this Section and under the Mental Health and | 8 | | Developmental Disabilities Code.
| 9 | | (1) The Court shall appoint as counsel the public | 10 | | defender or an
attorney licensed by this State.
| 11 | | (2) Upon filing with the Court of a verified statement | 12 | | of legal
services rendered by the private attorney | 13 | | appointed pursuant to
paragraph (1) of this subsection, the | 14 | | Court shall determine a reasonable
fee for such services. | 15 | | If the defendant is unable to pay the fee, the
Court shall | 16 | | enter an order upon the State to pay the entire fee or such
| 17 | | amount as the defendant is unable to pay from funds | 18 | | appropriated by the
General Assembly for that purpose.
| 19 | | (d) When the facility director determines that:
| 20 | | (1) the defendant is no longer
in need of mental health | 21 | | services on an inpatient basis; and
| 22 | | (2) the defendant may be conditionally released | 23 | | because he
or she is still in need of mental health | 24 | | services or that the defendant
may be discharged as not in | 25 | | need of any mental health services; or
| 26 | | (3) (blank);
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| 1 | | the facility director shall give written notice
to the Court, | 2 | | State's Attorney and defense attorney.
Such notice shall set | 3 | | forth in detail the basis for the recommendation of
the | 4 | | facility director, and specify clearly the recommendations, if | 5 | | any,
of the facility director, concerning conditional release.
| 6 | | Any recommendation for conditional release shall include an | 7 | | evaluation of
the defendant's need for psychotropic | 8 | | medication, what provisions should be
made, if any, to ensure | 9 | | that the defendant will continue to receive
psychotropic | 10 | | medication following discharge, and what provisions should be | 11 | | made
to assure the safety of the defendant and others in the | 12 | | event the defendant is
no longer receiving psychotropic | 13 | | medication.
Within 30 days of
the notification by the facility | 14 | | director, the Court shall set a hearing and
make a finding as | 15 | | to whether the defendant is:
| 16 | | (i) (blank); or
| 17 | | (ii) in need of mental health services in the form of | 18 | | inpatient care; or
| 19 | | (iii) in need of mental health services but not subject | 20 | | to inpatient care;
or
| 21 | | (iv) no longer in need of mental health services; or
| 22 | | (v) (blank).
| 23 | | A crime victim shall be allowed to present an oral and | 24 | | written statement. The court shall allow a victim to make an | 25 | | oral statement if the victim is present in the courtroom and | 26 | | requests to make an oral statement. An oral statement includes |
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| 1 | | the victim or a representative of the victim reading the | 2 | | written statement. A victim and any person making an oral | 3 | | statement shall not be put under oath or subject to | 4 | | cross-examination. All statements shall become part of the | 5 | | record of the court. | 6 | | Upon finding by the Court, the Court shall enter its | 7 | | findings and such
appropriate order as provided in subsections | 8 | | (a) and (a-1) of this Section.
| 9 | | (e) A defendant admitted pursuant to this Section, or any | 10 | | person on
his behalf, may file a petition for treatment plan | 11 | | review
or discharge or conditional release under the
standards | 12 | | of this Section in the Court which rendered the verdict. Upon
| 13 | | receipt of a petition for treatment plan review or discharge or | 14 | | conditional release, the Court shall set a hearing to
be held | 15 | | within 120 days. Thereafter, no new petition
may be filed for | 16 | | 180 days
without leave of the Court.
| 17 | | (f) The Court shall direct that notice of the time and | 18 | | place of the
hearing be served upon the defendant, the facility | 19 | | director, the State's
Attorney, and the defendant's attorney. | 20 | | If requested by either the State or the
defense or if the Court | 21 | | feels it is appropriate, an impartial examination
of the | 22 | | defendant by a psychiatrist or clinical psychologist as defined | 23 | | in
Section 1-103 of the Mental Health and Developmental | 24 | | Disabilities Code who
is not in the employ of the Department of | 25 | | Human Services shall be ordered, and
the report considered at
| 26 | | the time of the hearing.
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| 1 | | (g) The findings of the Court shall be established by clear | 2 | | and
convincing evidence. The burden of proof and the burden of | 3 | | going forth
with the evidence rest with the defendant or any | 4 | | person on the defendant's
behalf when a hearing is held to | 5 | | review
a petition filed by or on
behalf of the defendant. The | 6 | | evidence shall be presented in open
Court
with the right of | 7 | | confrontation and cross-examination.
Such evidence may | 8 | | include, but is not limited to:
| 9 | | (1) whether the defendant appreciates the harm caused | 10 | | by the defendant to
others and the community by his or her | 11 | | prior
conduct
that resulted in the finding of not guilty by | 12 | | reason of insanity;
| 13 | | (2) Whether the person appreciates the criminality of | 14 | | conduct similar to
the conduct for which he or she was | 15 | | originally charged in this matter;
| 16 | | (3) the current state of
the defendant's illness;
| 17 | | (4) what, if any, medications the defendant is taking | 18 | | to
control his or her mental illness;
| 19 | | (5) what, if any, adverse physical side effects
the | 20 | | medication has on the defendant;
| 21 | | (6) the length of time it would take for the | 22 | | defendant's mental health to
deteriorate
if
the
defendant | 23 | | stopped taking prescribed medication;
| 24 | | (7) the defendant's history or potential for alcohol | 25 | | and drug abuse;
| 26 | | (8) the defendant's past criminal history;
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| 1 | | (9) any specialized physical or medical needs of the | 2 | | defendant;
| 3 | | (10) any family participation or involvement expected | 4 | | upon release and
what is the willingness and ability of the | 5 | | family to participate or be
involved;
| 6 | | (11) the defendant's potential to be a danger to | 7 | | himself, herself, or
others;
| 8 | | (11.5) a written or oral statement made by the victim; | 9 | | and | 10 | | (12) any other factor or factors the Court deems | 11 | | appropriate.
| 12 | | (h) Before the court orders that the defendant be | 13 | | discharged or
conditionally released, it shall order the | 14 | | facility director to establish a
discharge plan that includes a | 15 | | plan for the defendant's shelter, support, and
medication. If | 16 | | appropriate, the court shall order that the facility director
| 17 | | establish a program to train the defendant in self-medication | 18 | | under standards
established by the Department of Human | 19 | | Services.
If the Court finds, consistent with the provisions of | 20 | | this Section,
that the defendant is no longer in need of mental
| 21 | | health services it shall order the facility director to | 22 | | discharge the
defendant. If the Court finds, consistent with | 23 | | the provisions of this
Section, that the defendant is in need | 24 | | of mental
health services, and no longer in need of inpatient | 25 | | care, it shall order
the facility director to release the | 26 | | defendant under such conditions as the
Court deems appropriate |
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| 1 | | and as provided by this Section. Such conditional
release shall | 2 | | be imposed for a period of 5 years as provided in
paragraph
(D) | 3 | | of subsection (a-1) and shall be
subject
to later modification | 4 | | by the Court as provided by this Section. If the
Court finds | 5 | | consistent with the provisions in this Section that the
| 6 | | defendant is in
need of mental health services on an inpatient | 7 | | basis, it shall order the
facility director not to discharge or | 8 | | release the defendant in accordance
with paragraph (b) of this | 9 | | Section.
| 10 | | (i) If within the period of the defendant's conditional | 11 | | release
the State's Attorney determines that the defendant has | 12 | | not fulfilled the
conditions of his or her release, the State's | 13 | | Attorney may petition the
Court
to
revoke or modify the | 14 | | conditional release of the defendant. Upon the filing of
such | 15 | | petition the defendant may be remanded to the custody of the | 16 | | Department,
or to any other mental health facility designated | 17 | | by the Department, pending
the resolution of the petition. | 18 | | Nothing in this Section shall prevent the
emergency admission | 19 | | of a defendant pursuant to Article VI of Chapter III of the
| 20 | | Mental Health
and Developmental Disabilities Code or the | 21 | | voluntary admission of the defendant
pursuant to Article IV of | 22 | | Chapter III of the Mental Health and Developmental
Disabilities
| 23 | | Code. If
the Court determines, after hearing evidence, that the | 24 | | defendant has
not fulfilled the conditions of release, the | 25 | | Court shall order a hearing
to be held consistent with the | 26 | | provisions of paragraph (f) and (g) of this
Section. At such |
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| 1 | | hearing, if the Court finds that the defendant is in need of | 2 | | mental health services on an inpatient
basis, it shall enter an | 3 | | order remanding him or her to the Department of
Human Services | 4 | | or other
facility. If the defendant is remanded to the | 5 | | Department of Human Services, he
or she shall be placed in
a | 6 | | secure setting unless the Court
determines that there are | 7 | | compelling reasons that such placement is not
necessary. If the
| 8 | | Court finds that the defendant continues to be in need of | 9 | | mental health
services but not on an inpatient basis, it may | 10 | | modify the conditions of
the original release in order to | 11 | | reasonably assure the defendant's satisfactory
progress in | 12 | | treatment and his or her safety and the safety of others in
| 13 | | accordance with the standards established in paragraph (D) of | 14 | | subsection (a-1). Nothing in
this Section shall limit a Court's | 15 | | contempt powers or any other powers of a
Court.
| 16 | | (j) An order of admission under this Section does not | 17 | | affect the
remedy of habeas corpus.
| 18 | | (k) In the event of a conflict between this Section and the | 19 | | Mental Health
and Developmental Disabilities Code or the Mental | 20 | | Health and Developmental
Disabilities Confidentiality Act, the | 21 | | provisions of this Section shall govern.
| 22 | | (l) Public Act 90-593 shall apply to all persons who have | 23 | | been found
not guilty by reason of insanity and who are | 24 | | presently committed to the
Department of Mental Health and | 25 | | Developmental Disabilities (now the
Department of Human | 26 | | Services).
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| 1 | | (m)
The Clerk of the Court shall transmit a certified copy | 2 | | of the order of
discharge or conditional release to the | 3 | | Department of Human Services, to the sheriff of the county from | 4 | | which the defendant was admitted, to the Illinois Department of | 5 | | State Police, to
the proper law enforcement agency for the | 6 | | municipality
where the offense took
place, and to the sheriff | 7 | | of the county into which the defendant is
conditionally | 8 | | discharged. The Illinois Department of State Police shall
| 9 | | maintain a
centralized record of discharged or conditionally | 10 | | released defendants while
they are under court supervision for | 11 | | access and use of appropriate law
enforcement agencies.
| 12 | | (n) The provisions in this Section which allow allows a | 13 | | crime victim to make a written and oral statement do not apply | 14 | | if the defendant was under 18 years of age at the time the | 15 | | offense was committed. | 16 | | (o) If any provision of this Section or its application to | 17 | | any person or circumstance is held invalid, the invalidity of | 18 | | that provision does not affect any other provision or | 19 | | application of this Section that can be given effect without | 20 | | the invalid provision or application. | 21 | | (Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | 22 | | 100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff. | 23 | | 7-12-19; revised 9-24-19.)".
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