SB1938 EngrossedLRB099 09944 RLC 30162 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Code of Criminal Procedure of 1963 is 
5amended 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 
9on bail or on his own recognizance,
the court shall select the 
10least physically restrictive form of treatment
therapeutically 
11appropriate and consistent with the treatment plan.

12 (b) If the defendant's disability is mental, the court may 
13order him placed
for treatment in the custody of the Department 
14of Human Services, or the court may order him placed in
the 
15custody of any other
appropriate public or private mental 
16health facility or treatment program
which has agreed to 
17provide treatment to the defendant. If the defendant
is placed 
18in the custody of the Department of Human Services, the 
19defendant shall be placed in a
secure setting. During
the 
20period of time required to determine the appropriate placement 
21the
defendant shall remain in jail. If upon the completion of 
22the placement process the Department of Human Services 
23determines that the defendant is currently fit to stand trial, 
 
 
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1it shall immediately notify the court and shall submit a 
2written report within 7 days. In that circumstance the 
3placement shall be held pending a court hearing on the 
4Department's report. Otherwise, upon completion of the 
5placement process, the
sheriff shall be notified and shall 
6transport the defendant to the designated
facility. The 
7placement may be ordered either on an inpatient or an 
8outpatient
basis.

9 (c) If the defendant's disability is physical, the court 
10may order him
placed under the supervision of the Department of 
11Human
Services
which shall place and maintain the defendant in 
12a suitable treatment facility
or program, or the court may 
13order him placed in an appropriate public or
private facility 
14or treatment program which has agreed to provide treatment
to 
15the defendant. The placement may be ordered either on an 
16inpatient or
an outpatient basis.

17 (d) The clerk of the circuit court shall transmit to the 
18Department, agency
or institution, if any, to which the 
19defendant 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 
9treatment, the person
supervising the defendant's treatment 
10shall file with the court, the State,
and the defense a report 
11assessing the facility's or program's capacity
to provide 
12appropriate treatment for the defendant and indicating his 
13opinion
as to the probability of the defendant's attaining 
14fitness within a period
of time from the date of the finding of 
15unfitness. For a defendant charged with a felony, the period of 
16time shall be one year. For a defendant charged with a 
17misdemeanor, the period of time shall be no longer than the 
18sentence if convicted of the most serious offense. If the 
19report indicates
that there is a substantial probability that 
20the defendant will attain fitness
within the time period, the 
21treatment supervisor shall also file a treatment
plan which 
22shall 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 
8treatment, the court shall set a
date for hearing to reexamine 
9the issue of the defendant's fitness not more
than 90 days 
10thereafter. In addition, whenever the court receives a report

11from the supervisor of the defendant's treatment pursuant to 
12subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the 
13court shall forthwith
set the matter for a first hearing within 
1414 days unless good cause is demonstrated why the hearing 
15cannot be held. On the date set or upon conclusion of the 
16matter
then pending before it, the court, sitting without a 
17jury, shall conduct
a hearing, unless waived by the defense, 
18and 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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1this Section,
the court shall set the matter for trial; 
2provided that if the defendant
is in need of continued care or 
3treatment and the supervisor of the defendant's
treatment 
4agrees to continue to provide it, the court may enter any order

5it deems appropriate for the continued care or treatment of the 
6defendant
by the facility or program pending the conclusion of 
7the criminal proceedings.

8 (c) If the court finds that the defendant is still unfit 
9but that he is
making progress toward attaining fitness, the 
10court may continue or modify
its original treatment order 
11entered pursuant to Section 104-17.

12 (d) If the court finds that the defendant is still unfit 
13and that he is
not making progress toward attaining fitness 
14such that there is not a
substantial probability that he will 
15attain fitness within the time period set in subsection (e) of 
16Section 104-17 of this Code from
the date of the original 
17finding of unfitness, the court shall proceed pursuant
to 
18Section 104-23. However, if the defendant is in need of 
19continued care
and treatment and the supervisor of the 
20defendant's treatment agrees to
continue to provide it, the 
21court may enter any order it deems appropriate
for the 
22continued care or treatment by the facility or program pending 
23the
conclusion of the criminal proceedings.

24 (e) If the court finds that the defendant is still unfit 
25after being recommended as fit by the supervisor of the 
26defendant's treatment, the court shall attach a copy of any 
 
 
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1written report that identifies the factors in the finding that 
2the defendant continues to be unfit, prepared by a licensed 
3physician, clinical psychologist, or psychiatrist, to the 
4court order remanding the person for further treatment. 
5(Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)