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91_SB0849eng SB849 Engrossed LRB9106073SMdv 1 AN ACT regarding mental health, amending named Acts. 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 3-209 and 6 3-814 and by adding Section 1-101.2 as follows: 7 (405 ILCS 5/1-101.2 new) 8 Sec. 1-101.2. "Adequate and human care and services" 9 means services reasonably calculated to result in a 10 significant improvement of the condition of a recipient of 11 services confined in an inpatient mental health facility so 12 that he or she may be released. 13 (405 ILCS 5/3-209) (from Ch. 91 1/2, par. 3-209) 14 Sec. 3-209. Treatment plan. Within three days of 15 admission under this Chapter or under Section 5-2-4 of the 16 Unified Code of Corrections or Section 104-25 of the Code of 17 Criminal Procedure of 1963, a treatment plan shall be 18 prepared for each recipient of service and entered into his 19 or her record. The plan shall include an assessment of the 20 recipient's treatment needs, a description of the services 21 recommended for treatment, the goals of each type of element 22 of service, an anticipated timetable for the accomplishment 23 of the goals, and a designation of the qualified professional 24 responsible for the implementation of the plan. The plan 25 shall be reviewed and updated as the clinical condition 26 warrants, but not less than every 30 days. 27 (Source: P.A. 81-920.) 28 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814) 29 Sec. 3-814. Treatment plan. SB849 Engrossed -2- LRB9106073SMdv 1 (a) Not more than 30 days after admission under this 2 Article or under Section 5-2-4 of the Unified Code of 3 Corrections or Section 104-25 of the Code of Criminal 4 Procedure of 1963, and every 60 days thereafter, the facility 5 director shall file with the court a current treatment plan 6with the courtwhich shall include: all the requirements 7 listed in Section 3-209,includesan evaluation of the 8 recipient's progress and the extent to which he is benefiting 9 from treatment, the criteria which form the basis for the 10 determination that the patient is subject to involuntary 11 admission as defined in Section 1-119, and the specific 12 behaviors or conditions that demonstrate that the recipient 13 meets these criteria for continued confinement. If the 14 facility director is unable to determine any of the required 15 information, the treatment plan shall include an explanation 16 of why the facility director is unable to make this 17 determination, what the facility director is doing to enable 18 himself or herself to determine the information, and the date 19 by which the facility director expects to be able to make 20 this determination. The facility director shall forward a 21 copy of the plan to the State's Attorney, the recipient's 22 attorney, if the recipient is represented by counsel, the 23 recipient, and any guardian of the recipient. 24 (b) The purpose of the filing, forwarding, and review of 25 treatment plans and treatment is to ensure that the recipient 26 is receiving adequate and human care and services as defined 27 in Section 1-101.2 and to ensure that the recipient continues 28 to meet the standards for involuntary confinement. 29 (c) On request of the recipient or an interested person 30 on his behalf, or on the court's own initiative, the court 31 shall review the current treatment plan to determine whether 32 its contents comply with the requirements of this Section and 33 Section 3-209. If the court determines that any of the 34 information required by this Section or Section 3-209 to be SB849 Engrossed -3- LRB9106073SMdv 1 included in the treatment plan is not in the treatment plan 2 or that the treatment plan does not contain information from 3 which the court can determine whether the recipient continues 4 to meet the criteria for continued confinement, the court 5 shall indicate what is lacking and order the facility 6 director to revise the current treatment plan to comply with 7 this Section and Section 3-209. If the recipient has been 8 ordered committed to the facility after he has been found not 9 guilty by reason of insanity, the treatment plan and its 10 review shall also be subject to the provisions of Section 11 5-2-4 of the Unified Code of Corrections. 12 (d) The recipient or an interested person on his or her 13 behalf may request a hearing or the court on its own motion 14 may order a hearing to review the treatment being received by 15 the recipient. The court, the recipient, or the State's 16 Attorney may call witnesses at the hearing. The court may 17 order any public agency, officer, or employee to render such 18 information, cooperation, and assistance as is within its 19 legal authority and as may be appropriate to achieve the 20 objectives of this Section. The court may order an 21 independent psychiatric evaluation on its own initiative, and 22 shall order such an evaluation if requested by the recipient 23 or the State's Attorneyrecipient or an interested person on24his behalf may request a hearing or the court on its own25motion may order a hearing to review the treatment plan. If 26 the court is satisfied that the recipient is benefiting from 27 treatment, it may continue the original order for the 28 remainder of the admission period. If the court is not so 29 satisfied, it may modify its original order or, if the 30 recipient is not admitted under Section 5-2-4 of the Unified 31 Code of Corrections or Section 104-25 of the Code of Criminal 32 Procedure of 1963, it may order the recipient discharged. 33 (Source: P.A. 88-380.) SB849 Engrossed -4- LRB9106073SMdv 1 Section 10. The Code of Criminal Procedure of 1963 is 2 amended by changing Section 104-25 as follows: 3 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25) 4 Sec. 104-25. Discharge hearing. 5 (a) As provided for in paragraph (a) of Section 104-23 6 and subparagraph (1) of paragraph (b) of Section 104-23 a 7 hearing to determine the sufficiency of the evidence shall be 8 held. Such hearing shall be conducted by the court without a 9 jury. The State and the defendant may introduce evidence 10 relevant to the question of defendant's guilt of the crime 11 charged. 12 The court may admit hearsay or affidavit evidence on 13 secondary matters such as testimony to establish the chain of 14 possession of physical evidence, laboratory reports, 15 authentication of transcripts taken by official reporters, 16 court and business records, and public documents. 17 (b) If the evidence does not prove the defendant guilty 18 beyond a reasonable doubt, the court shall enter a judgment 19 of acquittal; however nothing herein shall prevent the State 20 from requesting the court to commit the defendant to the 21 Department of Human Services under the provisions of the 22 Mental Health and Developmental Disabilities Code. 23 (c) If the defendant is found not guilty by reason of 24 insanity, the court shall enter a judgment of acquittal and 25 the proceedings after acquittal by reason of insanity under 26 Section 5-2-4 of the Unified Code of Corrections shall apply. 27 (d) If the discharge hearing does not result in an 28 acquittal of the charge the defendant may be remanded for 29 further treatment and the one year time limit set forth in 30 Section 104-23 shall be extended as follows: 31 (1) If the most serious charge upon which the State 32 sustained its burden of proof was a Class 1 or Class X 33 felony, the treatment period may be extended up to a SB849 Engrossed -5- LRB9106073SMdv 1 maximum treatment period of 2 years; if a Class 2, 3, or 2 4 felony, the treatment period may be extended up to a 3 maximum of 15 months; 4 (2) If the State sustained its burden of proof on a 5 charge of first degree murder, the treatment period may 6 be extended up to a maximum treatment period of 5 years. 7 (e) Transcripts of testimony taken at a discharge 8 hearing may be admitted in evidence at a subsequent trial of 9 the case, subject to the rules of evidence, if the witness 10 who gave such testimony is legally unavailable at the time of 11 the subsequent trial. 12 (f) If the court fails to enter an order of acquittal 13 the defendant may appeal from such judgment in the same 14 manner provided for an appeal from a conviction in a criminal 15 case. 16 (g) At the expiration of an extended period of treatment 17 ordered pursuant to this Section: 18 (1) Upon a finding that the defendant is fit or can 19 be rendered fit consistent with Section 104-22, the court 20 may proceed with trial. 21 (2) If the defendant continues to be unfit to stand 22 trial, the court shall determine whether he or she is 23 subject to involuntary admission under the Mental Health 24 and Developmental Disabilities Code or constitutes a 25 serious threat to the public safety. If so found, the 26 defendant shall be remanded to the Department of Human 27 Services for further treatment and shall be treated in 28 the same manner as a civilly committed patient for all 29 purposes (including treatment plans and treatment plan 30 reviews, as provided for in Section 3-209 and Section 31 3-814 of the Mental Health and Developmental Disabilities 32 Code), except that the original court having jurisdiction 33 over the defendant shall be required to approve any 34 conditional release or discharge of the defendant, for SB849 Engrossed -6- LRB9106073SMdv 1 the period of commitment equal to the maximum sentence to 2 which the defendant would have been subject had he or she 3 been convicted in a criminal proceeding. During this 4 period of commitment, the original court having 5 jurisdiction over the defendant shall hold hearings under 6 clause (i) of this paragraph (2). However, if the 7 defendant is remanded to the Department of Human 8 Services, the defendant shall be placed in a secure 9 setting unless the court determines that there are 10 compelling reasons why such placement is not necessary. 11 If, during the period within which the defendant is 12 confined in a secure setting, the court enters an order 13 that requires the defendant to appear, the court shall 14 timely transmit a copy of the order or writ to the 15 director of the particular Department of Human Services 16 facility where the defendant resides authorizing the 17 transportation of the defendant to the court for the 18 purpose of the hearing. 19 (i) 180 days after a defendant is remanded to 20 the Department of Human Services, under paragraph 21 (2), and every 180 days thereafter for so long as 22 the defendant is confined under the order entered 23 thereunder, the facility director shall file a 24 treatment plan with the original court having 25 jurisdiction over the defendant. The plan shall 26 include an evaluation of the defendant's progress 27 and the extent to which he or she is benefitting 28 from treatment and an opinion as to whether the 29 defendant is currently subject to involuntary 30 admission or in need of mental health services on an 31 inpatient basis or in need of mental health services 32 on an outpatient basis. A copy of the report shall 33 be forwarded by the facility director to the clerk 34 of the court, State's Attorney and the defendant's SB849 Engrossed -7- LRB9106073SMdv 1 attorney if the defendant is represented by counsel. 2 Within 30 days of the receipt of the report by the 3 court, the court shall set a hearing and shall 4 direct that notice of the time and place of the 5 hearing be served upon the defendant, the facility 6 director, the State's Attorney, and the defendant's 7 attorney. If requested by either the State or the 8 defense or if the court determines that it is 9 appropriate, an impartial examination of the 10 defendant by a psychiatrist or clinical psychologist 11 as defined in Section 1-103 of the Mental Health and 12 Developmental Disabilities Code who is not in the 13 employ of the Department of Human Services shall be 14 ordered, and the report considered at the time of 15 the hearing. If the defendant is not currently 16 represented by counsel the court shall appoint the 17 public defender to represent the defendant at the 18 hearing. The court shall make a finding as to 19 whether the defendant is: 20 (A) subject to involuntary admission; or 21 (B) in need of mental health services in 22 the form of inpatient care; or 23 (C) in need of mental health services but 24 not subject to involuntary admission nor 25 inpatient care. 26 The findings of the court shall be established by 27 clear and convincing evidence and the burden of 28 proof and the burden of going forward with the 29 evidence shall rest with the State's Attorney. Upon 30 finding by the court, the court shall enter its 31 findings and an appropriate order. 32 (ii) The terms "subject to involuntary 33 admission", "in need of mental health services in 34 the form of inpatient care" and "in need of mental SB849 Engrossed -8- LRB9106073SMdv 1 health services but not subject to involuntary 2 admission nor inpatient care" shall have the 3 meanings ascribed to them in clause (d)(3) of 4 Section 5-2-4 of the Unified Code of Corrections. 5 (3) If the defendant is not committed pursuant to 6 this Section, he or she shall be released. 7 (4) In no event may the treatment period be 8 extended to exceed the maximum sentence to which a 9 defendant would have been subject had he or she been 10 convicted in a criminal proceeding. For purposes of this 11 Section, the maximum sentence shall be determined by 12 Section 5-8-1 of the "Unified Code of Corrections", 13 excluding any sentence of natural life. 14 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.) 15 Section 15. The Unified Code of Corrections is amended 16 by changing Section 5-2-4 as follows: 17 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) 18 Sec. 5-2-4. Proceedings after Acquittal by Reason of 19 Insanity. 20 (a) After a finding or verdict of not guilty by reason 21 of insanity under Sections 104-25, 115-3 or 115-4 of The Code 22 of Criminal Procedure of 1963, the defendant shall be ordered 23 to the Department of Human Services for an evaluation as to 24 whether he is subject to involuntary admission or in need of 25 mental health services. The order shall specify whether the 26 evaluation shall be conducted on an inpatient or outpatient 27 basis. If the evaluation is to be conducted on an inpatient 28 basis, the defendant shall be placed in a secure setting 29 unless the Court determines that there are compelling reasons 30 why such placement is not necessary. After the evaluation and 31 during the period of time required to determine the 32 appropriate placement, the defendant shall remain in jail. SB849 Engrossed -9- LRB9106073SMdv 1 Upon completion of the placement process the sheriff shall 2 be notified and shall transport the defendant to the 3 designated facility. 4 The Department shall provide the Court with a report of 5 its evaluation within 30 days of the date of this order. The 6 Court shall hold a hearing as provided under the Mental 7 Health and Developmental Disabilities Code to determine if 8 the individual is: (a) subject to involuntary admission; (b) 9 in need of mental health services on an inpatient basis; (c) 10 in need of mental health services on an outpatient basis; (d) 11 a person not in need of mental health services. The Court 12 shall enter its findings. 13 If the defendant is found to be subject to involuntary 14 admission or in need of mental health services on an 15 inpatient care basis, the Court shall order the defendant to 16 the Department of Human Services. The defendant shall be 17 placed in a secure setting unless the Court determines that 18 there are compelling reasons why such placement is not 19 necessary. Such defendants placed in a secure setting shall 20 not be permitted outside the facility's housing unit unless 21 escorted or accompanied by personnel of the Department of 22 Human Services or with the prior approval of the Court for 23 unsupervised on-grounds privileges as provided herein. Any 24 defendant placed in a secure setting pursuant to this 25 Section, transported to court hearings or other necessary 26 appointments off facility grounds by personnel of the 27 Department of Human Services, may be placed in security 28 devices or otherwise secured during the period of 29 transportation to assure secure transport of the defendant 30 and the safety of Department of Human Services personnel and 31 others. These security measures shall not constitute 32 restraint as defined in the Mental Health and Developmental 33 Disabilities Code. If the defendant is found to be in need 34 of mental health services, but not on an inpatient care SB849 Engrossed -10- LRB9106073SMdv 1 basis, the Court shall conditionally release the defendant, 2 under such conditions as set forth in this Section as will 3 reasonably assure the defendant's satisfactory progress in 4 treatment or rehabilitation and the safety of the defendant 5 or others. If the Court finds the person not in need of 6 mental health services, then the Court shall order the 7 defendant discharged from custody. 8 (1) Definitions: For the purposes of this Section: 9 (A) "Subject to involuntary admission" means: a 10 defendant has been found not guilty by reason of 11 insanity; and 12 (i) who is mentally ill and who because of his 13 mental illness is reasonably expected to inflict 14 serious physical harm upon himself or another in the 15 near future; or 16 (ii) who is mentally ill and who because of 17 his illness is unable to provide for his basic 18 physical needs so as to guard himself from serious 19 harm. 20 (B) "In need of mental health services on an 21 inpatient basis" means: a defendant who has been found 22 not guilty by reason of insanity who is not subject to 23 involuntary admission but who is reasonably expected to 24 inflict serious physical harm upon himself or another and 25 who would benefit from inpatient care or is in need of 26 inpatient care. 27 (C) "In need of mental health services on an 28 outpatient basis" means: a defendant who has been found 29 not guilty by reason of insanity who is not subject to 30 involuntary admission or in need of mental health 31 services on an inpatient basis, but is in need of 32 outpatient care, drug and/or alcohol rehabilitation 33 programs, community adjustment programs, individual, 34 group, or family therapy, or chemotherapy. SB849 Engrossed -11- LRB9106073SMdv 1 (D) "Conditional Release" means: the release from 2 either the custody of the Department of Human Services or 3 the custody of the Court of a person who has been found 4 not guilty by reason of insanity under such conditions as 5 the Court may impose which reasonably assure the 6 defendant's satisfactory progress in treatment or 7 habilitation and the safety of the defendant and others. 8 The Court shall consider such terms and conditions which 9 may include, but need not be limited to, outpatient care, 10 alcoholic and drug rehabilitation programs, community 11 adjustment programs, individual, group, family, and 12 chemotherapy, periodic checks with the legal authorities 13 and/or the Department of Human Services. The person or 14 facility rendering the outpatient care shall be required 15 to periodically report to the Court on the progress of 16 the defendant. Such conditional release shall be for a 17 period of five years, unless the defendant, the person or 18 facility rendering the treatment, therapy, program or 19 outpatient care, or the State's Attorney petitions the 20 Court for an extension of the conditional release period 21 for an additional three years. Upon receipt of such a 22 petition, the Court shall hold a hearing consistent with 23 the provisions of this paragraph (a) and paragraph (f) of 24 this Section, shall determine whether the defendant 25 should continue to be subject to the terms of conditional 26 release, and shall enter an order either extending the 27 defendant's period of conditional release for a single 28 additional three year period or discharging the 29 defendant. In no event shall the defendant's period of 30 conditional release exceed eight years. These provisions 31 for extension of conditional release shall only apply to 32 defendants conditionally released on or after July 1, 33 1979. However the extension provisions of Public Act 34 83-1449 apply only to defendants charged with a forcible SB849 Engrossed -12- LRB9106073SMdv 1 felony. 2 (E) "Facility director" means the chief officer of 3 a mental health or developmental disabilities facility or 4 his or her designee or the supervisor of a program of 5 treatment or habilitation or his or her designee. 6 "Designee" may include a physician, clinical 7 psychologist, social worker, or nurse. 8 (b) If the Court finds the defendant subject to 9 involuntary admission or in need of mental health services on 10 an inpatient basis, the admission, detention, care, treatment 11 or habilitation, treatment plans, review proceedings, 12 including review of treatment and treatment plans, and 13 discharge of the defendant after such order shall be under 14 the Mental Health and Developmental Disabilities Code, except 15 that the initial order for admission of a defendant acquitted 16 of a felony by reason of insanity shall be for an indefinite 17 period of time. Such period of commitment shall not exceed 18 the maximum length of time that the defendant would have been 19 required to serve, less credit for good behavior, before 20 becoming eligible for release had he been convicted of and 21 received the maximum sentence for the most serious crime for 22 which he has been acquitted by reason of insanity. The Court 23 shall determine the maximum period of commitment by an 24 appropriate order. During this period of time, the defendant 25 shall not be permitted to be in the community in any manner, 26 including but not limited to off-grounds privileges, with or 27 without escort by personnel of the Department of Human 28 Services, unsupervised on-grounds privileges, discharge or 29 conditional or temporary release, except by a plan as 30 provided in this Section. In no event shall a defendant's 31 continued unauthorized absence be a basis for discharge. Not 32 more than 30 days after admission and every 60 days 33 thereafter so long as the initial order remains in effect, 34 the facility director shall file a treatment plan with the SB849 Engrossed -13- LRB9106073SMdv 1 court, and forward a copy of the treatment plan to the other 2 persons identified in Section 3-814 of the Mental Health and 3 Developmental Disabilities Code. Such plan shall include the 4 information required by Section 3-814 and Section 3-209 of 5 the Mental Health and Developmental Disabilities Code, and 6 shall further state whether the recipient is in need of 7 mental health services on an inpatient basis, or in need of 8 mental health services on an outpatient basis, as these terms 9 are defined in this Section, and the specific behaviors or 10 conditions that demonstrate that the recipient meets these 11 criteria for continued confinement or conditional releasean12evaluation of the defendant's progress and the extent to13which he is benefiting from treatment. Such plan may also 14 include unsupervised on-grounds privileges, off-grounds 15 privileges (with or without escort by personnel of the 16 Department of Human Services), home visits and participation 17 in work programs, but only where such privileges have been 18 approved by specific court order, which order may include 19 such conditions on the defendant as the Court may deem 20 appropriate and necessary to reasonably assure the 21 defendant's satisfactory progress in treatment and the safety 22 of the defendant and others. 23 (c) Every defendant acquitted of a felony by reason of 24 insanity and subsequently found to be subject to involuntary 25 admission or in need of mental health services shall be 26 represented by counsel in all proceedings under this Section 27 and under the Mental Health and Developmental Disabilities 28 Code. 29 (1) The Court shall appoint as counsel the public 30 defender or an attorney licensed by this State. 31 (2) Upon filing with the Court of a verified 32 statement of legal services rendered by the private 33 attorney appointed pursuant to paragraph (1) of this 34 subsection, the Court shall determine a reasonable fee SB849 Engrossed -14- LRB9106073SMdv 1 for such services. If the defendant is unable to pay the 2 fee, the Court shall enter an order upon the State to pay 3 the entire fee or such amount as the defendant is unable 4 to pay from funds appropriated by the General Assembly 5 for that purpose. 6 (d) When the facility director determines that: 7 (1) the defendant is no longer subject to 8 involuntary admission or in need of mental health 9 services on an inpatient basis; and 10 (2) the defendant may be conditionally released 11 because he or she is still in need of mental health 12 services or that the defendant may be discharged as not 13 in need of any mental health services; or 14 (3) the defendant no longer requires placement in a 15 secure setting; 16 the facility director shall give written notice to the Court, 17 State's Attorney and defense attorney. Such notice shall set 18 forth in detail the basis for the recommendation of the 19 facility director, and specify clearly the recommendations, 20 if any, of the facility director, concerning conditional 21 release. Within 30 days of the notification by the facility 22 director, the Court shall set a hearing and make a finding as 23 to whether the defendant is: 24 (i) subject to involuntary admission; or 25 (ii) in need of mental health services in the form 26 of inpatient care; or 27 (iii) in need of mental health services but not 28 subject to involuntary admission or inpatient care; or 29 (iv) no longer in need of mental health services; 30 or 31 (v) no longer requires placement in a secure 32 setting. 33 Upon finding by the Court, the Court shall enter its 34 findings and such appropriate order as provided in subsection SB849 Engrossed -15- LRB9106073SMdv 1 (a) of this Section. 2 (e) A defendant admitted pursuant to this Section, or 3 any person on his behalf, may file a petition for transfer 4 to a non-secure setting within the Department of Human 5 Services or discharge or conditional release under the 6 standards of this Section in the Court which rendered the 7 verdict. Upon receipt of a petition for transfer to a 8 non-secure setting or discharge or conditional release, the 9 Court shall set a hearing to be held within 120 days. 10 Thereafter, no new petition may be filed for 120 days without 11 leave of the Court. 12 (f) The Court shall direct that notice of the time and 13 place of the hearing be served upon the defendant, the 14 facility director, the State's Attorney, and the defendant's 15 attorney. If requested by either the State or the defense or 16 if the Court feels it is appropriate, an impartial 17 examination of the defendant by a psychiatrist or clinical 18 psychologist as defined in Section 1-103 of the Mental Health 19 and Developmental Disabilities Code who is not in the employ 20 of the Department of Human Services shall be ordered, and the 21 report considered at the time of the hearing. 22 (g) The findings of the Court shall be established by 23 clear and convincing evidence. The burden of proof and the 24 burden of going forth with the evidence rest with the State 25 when a hearing is held to review the determination of the 26 facility director that the defendant should be transferred to 27 a non-secure setting, discharged or conditionally released. 28 The burden of proof and the burden of going forth with the 29 evidence rest on the defendant when a hearing is held to 30 review a petition filed by or on behalf of such defendant. 31 The evidence shall be presented in open Court with the right 32 of confrontation and cross-examination. 33 (h) If the Court finds that the defendant is no longer 34 in need of mental health services it shall order the facility SB849 Engrossed -16- LRB9106073SMdv 1 director to discharge the defendant. If the Court finds that 2 the defendant is in need of mental health services, and no 3 longer in need of inpatient care, it shall order the facility 4 director to release the defendant under such conditions as 5 the Court deems appropriate and as provided by this Section. 6 Such conditional release shall be imposed for a period of 7 five years and shall be subject to later modification by the 8 Court as provided by this Section. If the Court finds that 9 the defendant is subject to involuntary admission or in need 10 of mental health services on an inpatient basis, it shall 11 order the facility director not to discharge or release the 12 defendant in accordance with paragraph (b) of this Section. 13 (i) If within the period of the defendant's conditional 14 release, the Court determines, after hearing evidence, that 15 the defendant has not fulfilled the conditions of release, 16 the Court shall order a hearing to be held consistent with 17 the provisions of paragraph (f) and (g) of this Section. At 18 such hearing, if the Court finds that the defendant is 19 subject to involuntary admission or in need of mental health 20 services on an inpatient basis, it shall enter an order 21 remanding him or her to the Department of Human Services or 22 other facility. If the defendant is remanded to the 23 Department of Human Services, he or she shall be placed in a 24 secure setting unless the Court determines that there are 25 compelling reasons that such placement is not necessary. If 26 the Court finds that the defendant continues to be in need 27 of mental health services but not on an inpatient basis, it 28 may modify the conditions of the original release in order to 29 reasonably assure the defendant's satisfactory progress in 30 treatment and his or her safety and the safety of others. In 31 no event shall such conditional release be longer than eight 32 years. Nothing in this Section shall limit a Court's contempt 33 powers or any other powers of a Court. 34 (j) An order of admission under this Section does not SB849 Engrossed -17- LRB9106073SMdv 1 affect the remedy of habeas corpus. 2 (k) In the event of a conflict between this Section and 3 the Mental Health and Developmental Disabilities Code or the 4 Mental Health and Developmental Disabilities Confidentiality 5 Act, the provisions of this Section shall govern. 6 (l) This amendatory Act shall apply to all persons who 7 have been found not guilty by reason of insanity and who are 8 presently committed to the Department of Mental Health and 9 Developmental Disabilities (now the Department of Human 10 Services). 11 (m) The Clerk of the Court shall, after the entry of an 12 order of transfer to a non-secure setting of the Department 13 of Human Services or discharge or conditional release, 14 transmit a certified copy of the order to the Department of 15 Human Services, and the sheriff of the county from which the 16 defendant was admitted. In cases where the arrest of the 17 defendant or the commission of the offense took place in any 18 municipality with a population of more than 25,000 persons, 19 the Clerk of the Court shall also transmit a certified copy 20 of the order of discharge or conditional release to the 21 proper law enforcement agency for said municipality provided 22 the municipality has requested such notice in writing. 23 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97; 24 90-105, eff. 7-11-97; 90-593, eff. 6-19-98.) 25 Section 99. Effective date. This Act takes effect 26 January 1, 2000.