Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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725 ILCS 5/104-32

    (725 ILCS 5/104-32)
    Sec. 104-32. Fitness to Stand Trial Task Force.
    (a) There is created the Fitness to Stand Trial Task Force hereinafter referred to as the Task Force. The Task Force shall conduct a thorough review of the statutory and regulatory provisions governing the procedures by which individuals facing criminal charges may be unfit to stand trial. This review includes, but is not limited to, the determination of fitness, the housing and custodial status of persons undergoing fitness restoration, the rights of individuals found unfit, and the obligations of the Department of Human Services.
    (b) The Task Force shall consist of 15 members, appointed as follows:
        (1) a member of the House of Representatives,
    
appointed by the Speaker of the House, who shall serve as co-chair of the Task Force;
        (2) a member of the House of Representatives,
    
appointed by the Minority Leader of the House;
        (3) a member of the Senate appointed by the President
    
of the Senate, who shall serve as co-chair of the Task Force;
        (4) a member of the Senate, appointed by the Minority
    
Leader of the Senate;
        (5) 2 members appointed by the Illinois Supreme Court;
        (6) the Secretary of Human Services or the
    
Secretary's designee;
        (7) a member nominated by a statewide organization
    
that represents State's Attorneys and appointed by the Governor;
        (8) a member nominated by a statewide organization
    
that represents public defenders and appointed by the Governor;
        (9) a member nominated by a statewide organization
    
that represents sheriffs and appointed by the Governor;
        (10) a member representing the federally mandated
    
Protection and Advocacy System for people with mental illness in the State of Illinois, appointed by the Governor;
        (11) a member representing an organization or agency
    
providing community-based mental health services, appointed by the Governor;
        (12) a member representing a nonprofit organization
    
dedicated to the promotion of mental health, well-being, and illness prevention, appointed by the Governor;
        (13) a member who is a licensed clinical psychologist
    
with specialized forensic training and experience conducting court-ordered fitness evaluations in Illinois, appointed by the Governor; and
        (14) a member who is a licensed clinical psychologist
    
with specialized forensic training and experience providing fitness restoration services in Illinois, appointed by the Governor.
    (c) The Department shall provide administrative and technical support for the Task Force and is responsible for ensuring that the requirements of the Task Force are met.
    (d) The Task Force shall hold its first meeting no later than October 1, 2025.
    (e) The Task Force shall submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly on or before November 1, 2026.
    (f) The Task Force may at any time identify legislative proposals in support of its mission prior to the issuance of its final report.
    (g) The Task Force shall be dissolved following the submission of its report to the Supreme Court and the General Assembly.
(Source: P.A. 104-318, eff. 8-15-25.)