99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1938

Introduced 2/20/2015, by Sen. Tim Bivins

SYNOPSIS AS INTRODUCED:

`725 ILCS 5/104-17`	`from Ch. 38, par. 104-17`
`725 ILCS 5/104-20`	`from Ch. 38, par. 104-20`

Amends the Code of Criminal Procedure of 1963. Provides that the clerk of the circuit court shall transmit to the Department of Human Services,

agency
or institution, if any, to which an unfit defendant is remanded for

treatment the complete copy of any fitness report prepared or other report prepared by a forensic examiner for the court. Provides that if the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.

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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 Sections 104-17 and 104-20 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. During the

20 period of time required to determine the appropriate placement

21 the defendant shall remain in jail. If upon the completion of

22 the placement process the Department of Human Services

23 determines that the defendant is currently fit to stand trial,

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1 it shall immediately notify the court and shall submit a

2 written report within 7 days. In that circumstance the

3 placement shall be held pending a court hearing on the

4 Department's report. Otherwise, upon completion of the

5 placement process, the sheriff shall be notified and shall

6 transport the defendant to the designated facility. The

7 placement may be ordered either on an inpatient or an

8 outpatient basis.

9 (c) If the defendant's disability is physical, the court

10 may order him placed under the supervision of the Department of

11 Human Services which shall place and maintain the defendant in

12 a suitable treatment facility or program, or the court may

13 order him placed in an appropriate public or private facility

14 or treatment program which has agreed to provide treatment to

15 the defendant. The placement may be ordered either on an

16 inpatient or an outpatient basis.

17 (d) The clerk of the circuit court shall transmit to the

18 Department, agency or institution, if any, to which the

19 defendant is remanded for treatment, the following:

20 (1) a certified copy of the order to undergo treatment.

21 Accompanying the certified copy of the order to undergo

22 treatment shall be the complete copy of any report prepared

23 under Section 104-15 of this Code or other report prepared

24 by a forensic examiner for the court;

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 time from the date of the finding of

15 unfitness. For a defendant charged with a felony, the period of

16 time shall be one year. For a defendant charged with a

17 misdemeanor, the period of time shall be no longer than the

18 sentence if convicted of the most serious offense. If the

19 report indicates that there is a substantial probability that

20 the defendant will attain fitness within the time period, the

21 treatment supervisor shall also file a treatment plan which

22 shall include:

23 (1) A diagnosis of the defendant's disability;

24 (2) A description of treatment goals with respect to

25 rendering the defendant fit, a specification of the

26 proposed treatment modalities, and an estimated timetable

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1 for attainment of the goals;

2 (3) An identification of the person in charge of

3 supervising the defendant's treatment.

4 (Source: P.A. 98-1025, eff. 8-22-14.)

5 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)

6 Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)

7 (a) Upon entry or continuation of any order to undergo

8 treatment, the court shall set a date for hearing to reexamine

9 the issue of the defendant's fitness not more than 90 days

10 thereafter. In addition, whenever the court receives a report

11 from the supervisor of the defendant's treatment pursuant to

12 subparagraph (2) or (3) of paragraph (a) of Section 104-18, the

13 court shall forthwith set the matter for a first hearing within

14 14 days unless good cause is demonstrated why the hearing

15 cannot be held. On the date set or upon conclusion of the

16 matter then pending before it, the court, sitting without a

17 jury, shall conduct a hearing, unless waived by the defense,

18 and shall determine:

19 (1) Whether the defendant is fit to stand trial or to

20 plead; and if not,

21 (2) Whether the defendant is making progress under

22 treatment toward attainment of fitness within the time

23 period set in subsection (e) of Section 104-17 of this Code

24 from the date of the original finding of unfitness.

25 (b) If the court finds the defendant to be fit pursuant to

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1 this Section, the court shall set the matter for trial;

2 provided that if the defendant is in need of continued care or

3 treatment and the supervisor of the defendant's treatment

4 agrees to continue to provide it, the court may enter any order

5 it deems appropriate for the continued care or treatment of the

6 defendant by the facility or program pending the conclusion of

7 the criminal proceedings.

8 (c) If the court finds that the defendant is still unfit

9 but that he is making progress toward attaining fitness, the

10 court may continue or modify its original treatment order

11 entered pursuant to Section 104-17.

12 (d) If the court finds that the defendant is still unfit

13 and that he is not making progress toward attaining fitness

14 such that there is not a substantial probability that he will

15 attain fitness within the time period set in subsection (e) of

16 Section 104-17 of this Code from the date of the original

17 finding of unfitness, the court shall proceed pursuant to

18 Section 104-23. However, if the defendant is in need of

19 continued care and treatment and the supervisor of the

20 defendant's treatment agrees to continue to provide it, the

21 court may enter any order it deems appropriate for the

22 continued care or treatment by the facility or program pending

23 the conclusion of the criminal proceedings.

24 (e) If the court finds that the defendant is still unfit

25 after being recommended as fit by the supervisor of the

26 defendant's treatment, the court shall attach a copy of any

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1 written report that identifies the factors in the finding that

2 the defendant continues to be unfit, prepared by a licensed

3 physician, clinical psychologist, or psychiatrist, to the

4 court order remanding the person for further treatment.

5 (Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)