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| Public Act 100-0027 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Sections 104-17, 104-18, and 104-20 as | ||||
follows:
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
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Sec. 104-17. Commitment for Treatment; Treatment Plan.
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(a) If the defendant
is eligible to be or has been released | ||||
on bail or on his own recognizance,
the court shall select the | ||||
least physically restrictive form of treatment
therapeutically | ||||
appropriate and consistent with the treatment plan. The | ||||
placement may be ordered either on an inpatient or an | ||||
outpatient basis.
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(b) If the defendant's disability is mental, the court may | ||||
order him placed
for treatment in the custody of the Department | ||||
of Human Services, or the court may order him placed in
the | ||||
custody of any other
appropriate public or private mental | ||||
health facility or treatment program
which has agreed to | ||||
provide treatment to the defendant. If the court orders the | ||||
defendant placed in the custody of the Department of Human | ||||
Services, the Department shall evaluate the defendant to | ||||
determine to which secure facility the defendant shall be | ||||
transported and, within 20 days of the transmittal by the clerk | ||
of the circuit court of the placement court order, notify the | ||
sheriff of the designated facility. Upon receipt of that | ||
notice, the sheriff shall promptly transport the defendant to | ||
the designated facility. If the defendant
is placed in the | ||
custody of the Department of Human Services, the defendant | ||
shall be placed in a
secure setting. During
the period of time | ||
required to determine the appropriate placement the
defendant | ||
shall remain in jail. If during the course of evaluating the | ||
defendant for placement, upon the completion of the placement | ||
process the Department of Human Services determines that the | ||
defendant is currently fit to stand trial, it shall immediately | ||
notify the court and shall submit a written report within 7 | ||
days. In that circumstance the placement shall be held pending | ||
a court hearing on the Department's report. Otherwise, upon | ||
completion of the placement process, the
sheriff shall be | ||
notified and shall transport the defendant to the designated
| ||
facility. If, within 20 days of the transmittal by the clerk of | ||
the circuit court of the placement court order, the Department | ||
fails to notify the sheriff of the identity of the facility to | ||
which the defendant shall be transported, the sheriff shall | ||
contact a designated person within the Department to inquire | ||
about when a placement will become available at the designated | ||
facility and bed availability at other facilities. If, within
| ||
20 days of the transmittal by the clerk of the circuit court of | ||
the placement court order, the Department
fails to notify the | ||
sheriff of the identity of the facility to
which the defendant | ||
shall be transported, the sheriff shall
notify the Department | ||
of its intent to transfer the defendant to the nearest secure | ||
mental health facility operated by the Department and inquire | ||
as to the status of the placement evaluation and availability | ||
for admission to such facility operated by the Department by | ||
contacting a designated person within the Department. The | ||
Department shall respond to the sheriff within 2 business days | ||
of the notice and inquiry by the sheriff seeking the transfer | ||
and the Department shall provide the sheriff with the status of | ||
the evaluation, information on bed and placement availability, | ||
and an estimated date of admission for the defendant and any | ||
changes to that estimated date of admission. If the Department | ||
notifies the sheriff during the 2 business day period of a | ||
facility operated by the Department with placement | ||
availability, the sheriff shall promptly transport the | ||
defendant to that facility. The placement may be ordered either | ||
on an inpatient or an outpatient
basis.
| ||
(c) If the defendant's disability is physical, the court | ||
may order him
placed under the supervision of the Department of | ||
Human
Services
which shall place and maintain the defendant in | ||
a suitable treatment facility
or program, or the court may | ||
order him placed in an appropriate public or
private facility | ||
or treatment program which has agreed to provide treatment
to | ||
the defendant. The placement may be ordered either on an | ||
inpatient or
an outpatient basis.
| ||
(d) The clerk of the circuit court shall within 5 days of | ||
the entry of the order transmit to the Department, agency
or | ||
institution, if any, to which the defendant is remanded for | ||
treatment, the
following:
| ||
(1) a certified copy of the order to undergo treatment. | ||
Accompanying the certified copy of the order to undergo | ||
treatment shall be the complete copy of any report prepared | ||
under Section 104-15 of this Code or other report prepared | ||
by a forensic examiner for the court;
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(2) the county and municipality in which the offense | ||
was committed;
| ||
(3) the county and municipality in which the arrest | ||
took place; | ||
(4) a copy of the arrest report, criminal charges, | ||
arrest record; and
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(5) all additional matters which the Court directs the | ||
clerk to transmit.
| ||
(e) Within 30 days of entry of an order to undergo | ||
treatment, the person
supervising the defendant's treatment | ||
shall file with the court, the State,
and the defense a report | ||
assessing the facility's or program's capacity
to provide | ||
appropriate treatment for the defendant and indicating his | ||
opinion
as to the probability of the defendant's attaining | ||
fitness within a period
of time from the date of the finding of | ||
unfitness. For a defendant charged with a felony, the period of | ||
time shall be one year. For a defendant charged with a | ||
misdemeanor, the period of time shall be no longer than the | ||
sentence if convicted of the most serious offense. If the | ||
report indicates
that there is a substantial probability that | ||
the defendant will attain fitness
within the time period, the | ||
treatment supervisor shall also file a treatment
plan which | ||
shall include:
| ||
(1) A diagnosis of the defendant's disability;
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(2) A description of treatment goals with respect to | ||
rendering the
defendant
fit, a specification of the | ||
proposed treatment modalities, and an estimated
timetable | ||
for attainment of the goals;
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(3) An identification of the person in charge of | ||
supervising the
defendant's
treatment.
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(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
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Sec. 104-18. Progress Reports. | ||
(a) The treatment supervisor shall submit
a written | ||
progress report to the court, the State, and the defense:
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(1) At least 7 days prior to the date for any hearing | ||
on the issue of
the defendant's fitness;
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(2) Whenever he believes that the defendant has | ||
attained fitness;
| ||
(3) Whenever he believes that there is not a | ||
substantial probability that
the defendant will attain | ||
fitness, with treatment, within the time period set in | ||
subsection (e) of Section 104-17 of this Code from
the date | ||
of the original finding of unfitness.
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(b) The progress report shall contain:
| ||
(1) The clinical findings of the treatment supervisor | ||
and the facts upon
which the findings are based;
| ||
(2) The opinion of the treatment supervisor as to | ||
whether the defendant
has attained fitness or as to whether | ||
the defendant is making progress,
under treatment, toward | ||
attaining fitness within the time period set in subsection | ||
(e) of Section 104-17 of this Code from the date
of the | ||
original finding of unfitness;
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(3) If the defendant is receiving medication, | ||
information from the prescribing
physician indicating the | ||
type, the dosage and the effect of the medication
on the | ||
defendant's appearance, actions and demeanor.
| ||
(c) Whenever the court is sent a report from the supervisor | ||
of the defendant's treatment under paragraph (2) of subsection | ||
(a) of this Section, the treatment provider shall arrange with | ||
the county jail court for the immediate return of the defendant | ||
to the county jail under subsection (e) before the time frame | ||
specified in subsection (a) of Section 104-20 of this Code. | ||
(Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14; | ||
99-78, eff. 7-20-15.)
| ||
(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
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Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) | ||
(a) Upon entry
or continuation of any order to undergo | ||
treatment, the court shall set a
date for hearing to reexamine | ||
the issue of the defendant's fitness not more
than 90 days | ||
thereafter. In addition, whenever the court receives a report
| ||
from the supervisor of the defendant's treatment pursuant to | ||
subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the | ||
court shall forthwith
set the matter for a first hearing within | ||
14 days unless good cause is demonstrated why the hearing | ||
cannot be held. On the date set or upon conclusion of the | ||
matter
then pending before it, the court, sitting without a | ||
jury, shall conduct
a hearing, unless waived by the defense, | ||
and shall determine:
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(1) Whether the defendant is fit to stand trial or to | ||
plead; and if not,
| ||
(2) Whether the defendant is making progress under | ||
treatment toward attainment
of fitness within the time | ||
period set in subsection (e) of Section 104-17 of this Code | ||
from the date of the original finding
of unfitness.
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(b) If the court finds the defendant to be fit pursuant to | ||
this Section,
the court shall set the matter for trial; | ||
provided that if the defendant
is in need of continued care or | ||
treatment and the supervisor of the defendant's
treatment | ||
agrees to continue to provide it, the court may enter any order
| ||
it deems appropriate for the continued care or treatment of the | ||
defendant
by the facility or program pending the conclusion of | ||
the criminal proceedings.
| ||
(c) If the court finds that the defendant is still unfit | ||
but that he is
making progress toward attaining fitness, the | ||
court may continue or modify
its original treatment order | ||
entered pursuant to Section 104-17.
| ||
(d) If the court finds that the defendant is still unfit | ||
and that he is
not making progress toward attaining fitness | ||
such that there is not a
substantial probability that he will | ||
attain fitness within the time period set in subsection (e) of | ||
Section 104-17 of this Code from
the date of the original | ||
finding of unfitness, the court shall proceed pursuant
to | ||
Section 104-23. However, if the defendant is in need of | ||
continued care
and treatment and the supervisor of the | ||
defendant's treatment agrees to
continue to provide it, the | ||
court may enter any order it deems appropriate
for the | ||
continued care or treatment by the facility or program pending | ||
the
conclusion of the criminal proceedings.
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(e) Whenever the court receives a report from the | ||
supervisor of the defendant's treatment under paragraph (2) of | ||
subsection (a) of Section 104-18 of this Code, the court shall | ||
immediately enter an order directing the sheriff to return the | ||
defendant to the county jail and set the matter for trial. At | ||
any time the issue of the defendant's fitness can be raised | ||
again under Section 104-11 of this Code. 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. | ||
(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-2-4 as follows:
| ||
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
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Sec. 5-2-4. Proceedings after Acquittal by Reason of | ||
Insanity.
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(a) After a finding or verdict of not guilty by reason of | ||
insanity
under Sections 104-25, 115-3 or 115-4 of the Code of | ||
Criminal Procedure
of 1963, the defendant shall be ordered to | ||
the Department of Human Services for
an evaluation as to
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whether he is in need of mental health
services. The order
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shall specify whether the evaluation shall be conducted on an | ||
inpatient or
outpatient basis. If the evaluation is to be | ||
conducted on an inpatient
basis, the defendant shall be placed | ||
in a secure setting. With the court order for evaluation shall | ||
be sent a copy of the arrest report, criminal charges, arrest | ||
record, jail record, any report prepared under Section 115-6 of | ||
the Code of Criminal Procedure of 1963, and any victim impact | ||
statement prepared under Section 6 of the Rights of Crime | ||
Victims and Witnesses Act. The clerk of the circuit court shall | ||
transmit this information to the Department within 5 days. If | ||
the court orders that the evaluation be done on an inpatient | ||
basis, the Department shall evaluate the defendant to determine | ||
to which secure facility the defendant shall be transported | ||
and, within 20 days of the transmittal by the clerk of the | ||
circuit court of the placement court order, notify the sheriff | ||
of the designated facility. Upon receipt of that notice, the | ||
sheriff shall promptly transport the defendant to the | ||
designated facility. During
After the evaluation and during the | ||
period of time required to
determine the appropriate placement, | ||
the defendant shall
remain in jail. If, within 20 days of the | ||
transmittal by the clerk of the circuit court of the placement | ||
court order, the Department fails to notify the sheriff of the | ||
identity of the facility to which the defendant shall be | ||
transported, the sheriff shall contact a designated person | ||
within the Department to inquire about when a placement will | ||
become available at the designated facility and bed | ||
availability at other facilities. If, within
20 days of the | ||
transmittal by the clerk of the circuit court of the placement | ||
court order, the Department
fails to notify the sheriff of the | ||
identity of the facility to
which the defendant shall be | ||
transported, the sheriff shall
notify the Department of its | ||
intent to transfer the defendant to the nearest secure mental | ||
health facility operated by the Department and inquire as to | ||
the status of the placement evaluation and availability for | ||
admission to such facility operated by the Department by | ||
contacting a designated person within the Department. The | ||
Department shall respond to the sheriff within 2 business days | ||
of the notice and inquiry by the sheriff seeking the transfer | ||
and the Department shall provide the sheriff with the status of | ||
the placement evaluation, information on bed and placement | ||
availability, and an estimated date of admission for the | ||
defendant and any changes to that estimated date of admission. | ||
If the Department notifies the sheriff during the 2 business | ||
day period of a facility operated by the Department with | ||
placement availability, the sheriff shall promptly transport | ||
the defendant to that facility.
Individualized placement | ||
evaluations by the Department of Human Services determine the | ||
most appropriate setting for forensic treatment based upon a | ||
number of factors including mental health diagnosis, proximity | ||
to surviving victims, security need, age, gender, and proximity | ||
to family. Upon completion of the placement process the sheriff | ||
shall be notified and
shall transport the defendant to the | ||
designated facility.
| ||
The Department shall provide the Court with a report of its | ||
evaluation
within 30 days of the date of this order. The Court | ||
shall hold a hearing
as provided under the Mental Health and | ||
Developmental Disabilities Code to
determine if the individual | ||
is:
(a)
in need of mental health services on an inpatient | ||
basis; (b) in
need of
mental health services on an outpatient | ||
basis; (c) a person not in
need of
mental health services. The | ||
Court shall enter its findings.
| ||
If the defendant is found to be in
need
of mental health | ||
services on an inpatient care basis, the Court shall order the
| ||
defendant to the Department of Human Services.
The defendant | ||
shall be placed in a secure setting. Such
defendants placed in | ||
a secure setting shall not be permitted outside the
facility's | ||
housing unit unless escorted or accompanied by personnel of the
| ||
Department of Human Services or with the prior approval of the | ||
Court for
unsupervised
on-grounds privileges as provided
| ||
herein.
Any defendant placed in a secure setting pursuant to | ||
this Section,
transported to court hearings or other necessary | ||
appointments
off facility grounds
by personnel of
the | ||
Department of Human Services, shall be
placed in security | ||
devices
or otherwise secured during the period of | ||
transportation to assure
secure transport of the defendant and | ||
the safety of Department
of Human Services personnel and | ||
others. These security measures
shall not constitute restraint | ||
as defined in the Mental Health and
Developmental Disabilities | ||
Code.
If the defendant is found to be in need of mental health | ||
services,
but not on an inpatient care basis, the Court shall | ||
conditionally release
the defendant, under such conditions as | ||
set forth in this Section as will
reasonably assure the | ||
defendant's satisfactory progress and participation
in | ||
treatment or
rehabilitation and the safety of the defendant and | ||
others. If the
Court
finds the person not in need of mental | ||
health services, then the Court
shall order the defendant | ||
discharged from custody.
| ||
(a-1) Definitions. For the purposes of this Section:
| ||
(A) (Blank).
| ||
(B) "In need of mental health services on an inpatient | ||
basis" means: a
defendant who has been found not guilty by | ||
reason of insanity but who due to mental illness is
| ||
reasonably expected to inflict
serious physical harm upon | ||
himself or another and who would benefit from
inpatient | ||
care or is in need of inpatient care.
| ||
(C) "In need of mental health services on an outpatient | ||
basis" means:
a defendant who has been found not guilty by | ||
reason of insanity who is not in need of mental health | ||
services on
an inpatient basis, but is in need of | ||
outpatient care, drug and/or alcohol
rehabilitation | ||
programs, community adjustment programs, individual, | ||
group,
or family therapy, or chemotherapy.
| ||
(D) "Conditional Release" means: the release from | ||
either the custody
of the Department of Human Services
or | ||
the custody of the Court of a person who has been found not | ||
guilty by
reason of insanity under such conditions as the | ||
Court may impose which
reasonably assure the defendant's | ||
satisfactory progress in
treatment or habilitation and the | ||
safety of the defendant and others. The
Court shall | ||
consider such terms and conditions which may include, but | ||
need
not be limited to, outpatient care, alcoholic and drug | ||
rehabilitation programs,
community adjustment programs, | ||
individual, group, family, and chemotherapy,
random | ||
testing to ensure the defendant's timely and continuous | ||
taking of any
medicines prescribed
to control or manage his | ||
or her conduct or mental state, and
periodic checks with | ||
the legal authorities and/or the Department of Human
| ||
Services.
The Court may order as a condition of conditional | ||
release that the
defendant not contact the victim of the | ||
offense that
resulted in the finding or
verdict of not | ||
guilty by reason of insanity or any other person. The Court | ||
may
order the
Department of
Human Services to provide care | ||
to any
person conditionally released under this Section. | ||
The Department may contract
with any public or private | ||
agency in order to discharge any responsibilities
imposed | ||
under this Section. The Department shall monitor the | ||
provision of
services to persons conditionally released | ||
under this Section and provide
periodic reports to the | ||
Court concerning the services and the condition of the
| ||
defendant.
Whenever a person is conditionally released | ||
pursuant to this Section, the
State's Attorney for the | ||
county in which the hearing is held shall designate in
| ||
writing the name, telephone number, and address of a person | ||
employed by him or
her who
shall be notified in the event | ||
that either the reporting agency or the
Department decides | ||
that the conditional release of the defendant should be
| ||
revoked or modified pursuant to subsection (i) of this | ||
Section. Such
conditional release shall be for
a period of | ||
five years. However, the defendant, the person or
facility
| ||
rendering the treatment, therapy, program or outpatient | ||
care, the
Department, or the
State's Attorney may petition | ||
the Court for an extension of
the conditional
release | ||
period for an additional 5 years. Upon receipt of such a
| ||
petition, the Court shall hold a hearing consistent with | ||
the provisions of
paragraph (a), this paragraph (a-1),
and | ||
paragraph (f) of this Section, shall determine
whether the | ||
defendant should continue to be subject to the terms of
| ||
conditional release, and shall enter an order either | ||
extending the
defendant's period of conditional release | ||
for an additional
5
year period or discharging the | ||
defendant.
Additional 5-year periods of conditional | ||
release may be ordered following a
hearing as provided in | ||
this Section. However,
in no event shall the defendant's
| ||
period of conditional release continue beyond the maximum | ||
period of
commitment ordered by the Court pursuant to | ||
paragraph (b) of this Section. These provisions for
| ||
extension of conditional release shall only apply to | ||
defendants
conditionally released on or after August 8, | ||
2003. However the extension
provisions of Public Act | ||
83-1449 apply only to defendants charged
with a forcible | ||
felony.
| ||
(E) "Facility director" means the chief officer of a | ||
mental health or
developmental disabilities facility or | ||
his or her designee or the supervisor of
a program of | ||
treatment or habilitation or his or her designee. | ||
"Designee" may
include a physician, clinical psychologist, | ||
social worker, nurse, or clinical
professional counselor.
| ||
(b) If the Court finds the defendant in need of mental | ||
health services on an
inpatient basis, the
admission, | ||
detention, care, treatment or habilitation, treatment plans,
| ||
review proceedings, including review of treatment and | ||
treatment plans, and
discharge of the defendant after such | ||
order shall be under the
Mental Health and Developmental | ||
Disabilities Code, except that the
initial order for admission | ||
of a defendant acquitted of a felony by
reason of insanity | ||
shall be for an indefinite period of time. Such period
of | ||
commitment shall not exceed the maximum
length of time that the | ||
defendant would have been required to serve,
less credit for | ||
good behavior as provided in Section 5-4-1 of the Unified
Code | ||
of Corrections, before becoming eligible for
release had
he | ||
been convicted of and received the maximum sentence for the | ||
most
serious crime for which he has been acquitted by reason of | ||
insanity. The
Court shall determine the maximum period of | ||
commitment by an appropriate
order. During this period of time, | ||
the defendant shall not be permitted
to be in the community in | ||
any manner, including but not limited to off-grounds
| ||
privileges, with or without escort by personnel of the | ||
Department of Human
Services, unsupervised on-grounds | ||
privileges,
discharge or conditional or temporary release, | ||
except by a plan as provided in
this Section. In no event shall | ||
a defendant's continued unauthorized
absence be a basis for | ||
discharge. Not more than 30 days after admission
and every 60 | ||
days thereafter so long as the initial order
remains in effect, | ||
the facility director shall file a treatment plan report
in | ||
writing with the court
and forward a copy of the treatment plan | ||
report to the clerk of the
court, the State's Attorney, and the | ||
defendant's attorney, if the defendant is
represented by | ||
counsel,
or to a person authorized by
the defendant under the
| ||
Mental Health and Developmental Disabilities Confidentiality | ||
Act to be sent a
copy of the report. The report shall include | ||
an opinion
as to whether the
defendant is currently in need of | ||
mental
health services on an inpatient basis or in need of | ||
mental health services
on
an outpatient basis. The report shall | ||
also summarize the basis for those
findings and provide a | ||
current summary of the following items from the
treatment plan: | ||
(1) an assessment of the defendant's treatment needs, (2) a
| ||
description of the services recommended for treatment, (3) the | ||
goals of each
type of element of service, (4) an anticipated | ||
timetable for the accomplishment
of the goals, and (5) a | ||
designation of the qualified professional responsible
for the | ||
implementation of the plan.
The report may also include | ||
unsupervised on-grounds
privileges, off-grounds privileges | ||
(with or without escort by personnel of the
Department of Human | ||
Services), home visits and
participation in work
programs, but | ||
only where such privileges have been approved by specific court
| ||
order, which order may include such conditions on the defendant | ||
as the
Court may deem appropriate and necessary to reasonably | ||
assure the defendant's
satisfactory progress in treatment and | ||
the safety of the defendant and others.
| ||
(c) Every defendant acquitted of a felony by reason of | ||
insanity and
subsequently found to be in need of
mental health | ||
services shall be represented by counsel in all proceedings | ||
under
this Section and under the Mental Health and | ||
Developmental Disabilities Code.
| ||
(1) The Court shall appoint as counsel the public | ||
defender or an
attorney licensed by this State.
| ||
(2) Upon filing with the Court of a verified statement | ||
of legal
services rendered by the private attorney | ||
appointed pursuant to
paragraph (1) of this subsection, the | ||
Court shall determine a reasonable
fee for such services. | ||
If the defendant is unable to pay the fee, the
Court shall | ||
enter an order upon the State to pay the entire fee or such
| ||
amount as the defendant is unable to pay from funds | ||
appropriated by the
General Assembly for that purpose.
| ||
(d) When the facility director determines that:
| ||
(1) the defendant is no longer
in need of mental health | ||
services on an inpatient basis; and
| ||
(2) the defendant may be conditionally released | ||
because he
or she is still in need of mental health | ||
services or that the defendant
may be discharged as not in | ||
need of any mental health services; or
| ||
(3) (blank);
| ||
the facility director shall give written notice
to the Court, | ||
State's Attorney and defense attorney.
Such notice shall set | ||
forth in detail the basis for the recommendation of
the | ||
facility director, and specify clearly the recommendations, if | ||
any,
of the facility director, concerning conditional release.
| ||
Any recommendation for conditional release shall include an | ||
evaluation of
the defendant's need for psychotropic | ||
medication, what provisions should be
made, if any, to ensure | ||
that the defendant will continue to receive
psychotropic | ||
medication following discharge, and what provisions should be | ||
made
to assure the safety of the defendant and others in the | ||
event the defendant is
no longer receiving psychotropic | ||
medication.
Within 30 days of
the notification by the facility | ||
director, the Court shall set a hearing and
make a finding as | ||
to whether the defendant is:
| ||
(i) (blank); or
| ||
(ii) in need of mental health services in the form of | ||
inpatient care; or
| ||
(iii) in need of mental health services but not subject | ||
to inpatient care;
or
| ||
(iv) no longer in need of mental health services; or
| ||
(v) (blank).
| ||
Upon finding by the Court, the Court shall enter its | ||
findings and such
appropriate order as provided in subsections | ||
(a) and (a-1) of this Section.
| ||
(e) A defendant admitted pursuant to this Section, or any | ||
person on
his behalf, may file a petition for treatment plan | ||
review
or discharge or conditional release under the
standards | ||
of this Section in the Court which rendered the verdict. Upon
| ||
receipt of a petition for treatment plan review or discharge or | ||
conditional release, the Court shall set a hearing to
be held | ||
within 120 days. Thereafter, no new petition
may be filed for | ||
180 days
without leave of the Court.
| ||
(f) The Court shall direct that notice of the time and | ||
place of the
hearing be served upon the defendant, the facility | ||
director, the State's
Attorney, and the defendant's attorney. | ||
If requested by either the State or the
defense or if the Court | ||
feels it is appropriate, an impartial examination
of the | ||
defendant by a psychiatrist or clinical psychologist as defined | ||
in
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code who
is not in the employ of the Department of | ||
Human Services shall be ordered, and
the report considered at
| ||
the time of the hearing.
| ||
(g) The findings of the Court shall be established by clear | ||
and
convincing evidence. The burden of proof and the burden of | ||
going forth
with the evidence rest with the defendant or any | ||
person on the defendant's
behalf when a hearing is held to | ||
review
a petition filed by or on
behalf of the defendant. The | ||
evidence shall be presented in open
Court
with the right of | ||
confrontation and cross-examination.
Such evidence may | ||
include, but is not limited to:
| ||
(1) whether the defendant appreciates the harm caused | ||
by the defendant to
others and the community by his or her | ||
prior
conduct
that resulted in the finding of not guilty by | ||
reason of insanity;
| ||
(2) Whether the person appreciates the criminality of | ||
conduct similar to
the conduct for which he or she was | ||
originally charged in this matter;
| ||
(3) the current state of
the defendant's illness;
| ||
(4) what, if any, medications the defendant is taking | ||
to
control his or her mental illness;
| ||
(5) what, if any, adverse physical side effects
the | ||
medication has on the defendant;
| ||
(6) the length of time it would take for the | ||
defendant's mental health to
deteriorate
if
the
defendant | ||
stopped taking prescribed medication;
| ||
(7) the defendant's history or potential for alcohol | ||
and drug abuse;
| ||
(8) the defendant's past criminal history;
| ||
(9) any specialized physical or medical needs of the | ||
defendant;
| ||
(10) any family participation or involvement expected | ||
upon release and
what is the willingness and ability of the | ||
family to participate or be
involved;
| ||
(11) the defendant's potential to be a danger to | ||
himself, herself, or
others; and
| ||
(12) any other factor or factors the Court deems | ||
appropriate.
| ||
(h) Before the court orders that the defendant be | ||
discharged or
conditionally released, it shall order the | ||
facility director to establish a
discharge plan that includes a | ||
plan for the defendant's shelter, support, and
medication. If | ||
appropriate, the court shall order that the facility director
| ||
establish a program to train the defendant in self-medication | ||
under standards
established by the Department of Human | ||
Services.
If the Court finds, consistent with the provisions of | ||
this Section,
that the defendant is no longer in need of mental
| ||
health services it shall order the facility director to | ||
discharge the
defendant. If the Court finds, consistent with | ||
the provisions of this
Section, that the defendant is in need | ||
of mental
health services, and no longer in need of inpatient | ||
care, it shall order
the facility director to release the | ||
defendant under such conditions as the
Court deems appropriate | ||
and as provided by this Section. Such conditional
release shall | ||
be imposed for a period of 5 years as provided in
paragraph
(D) | ||
of subsection (a-1) and shall be
subject
to later modification | ||
by the Court as provided by this Section. If the
Court finds | ||
consistent with the provisions in this Section that the
| ||
defendant is in
need of mental health services on an inpatient | ||
basis, it shall order the
facility director not to discharge or | ||
release the defendant in accordance
with paragraph (b) of this | ||
Section.
| ||
(i) If within the period of the defendant's conditional | ||
release
the State's Attorney determines that the defendant has | ||
not fulfilled the
conditions of his or her release, the State's | ||
Attorney may petition the
Court
to
revoke or modify the | ||
conditional release of the defendant. Upon the filing of
such | ||
petition the defendant may be remanded to the custody of the | ||
Department,
or to any other mental health facility designated | ||
by the Department, pending
the resolution of the petition. | ||
Nothing in this Section shall prevent the
emergency admission | ||
of a defendant pursuant to Article VI of Chapter III of the
| ||
Mental Health
and Developmental Disabilities Code or the | ||
voluntary admission of the defendant
pursuant to Article IV of | ||
Chapter III of the Mental Health and Developmental
Disabilities
| ||
Code. If
the Court determines, after hearing evidence, that the | ||
defendant has
not fulfilled the conditions of release, the | ||
Court shall order a hearing
to be held consistent with the | ||
provisions of paragraph (f) and (g) of this
Section. At such | ||
hearing, if the Court finds that the defendant is in need of | ||
mental health services on an inpatient
basis, it shall enter an | ||
order remanding him or her to the Department of
Human Services | ||
or other
facility. If the defendant is remanded to the | ||
Department of Human Services, he
or she shall be placed in
a | ||
secure setting unless the Court
determines that there are | ||
compelling reasons that such placement is not
necessary. If the
| ||
Court finds that the defendant continues to be in need of | ||
mental health
services but not on an inpatient basis, it may | ||
modify the conditions of
the original release in order to | ||
reasonably assure the defendant's satisfactory
progress in | ||
treatment and his or her safety and the safety of others in
| ||
accordance with the standards established in paragraph (D) of | ||
subsection (a-1). Nothing in
this Section shall limit a Court's | ||
contempt powers or any other powers of a
Court.
| ||
(j) An order of admission under this Section does not | ||
affect the
remedy of habeas corpus.
| ||
(k) In the event of a conflict between this Section and the | ||
Mental Health
and Developmental Disabilities Code or the Mental | ||
Health and Developmental
Disabilities Confidentiality Act, the | ||
provisions of this Section shall govern.
| ||
(l) This amendatory Act shall apply to all persons who have | ||
been found
not guilty by reason of insanity and who are | ||
presently committed to the
Department of Mental Health and | ||
Developmental Disabilities (now the
Department of Human | ||
Services).
| ||
(m)
The Clerk of the Court shall transmit a certified copy | ||
of the order of
discharge or conditional release to the | ||
Department of Human Services, to the sheriff of the county from | ||
which the defendant was admitted, to the Illinois Department of | ||
State Police, to
the proper law enforcement agency for the | ||
municipality
where the offense took
place, and to the sheriff | ||
of the county into which the defendant is
conditionally | ||
discharged. The Illinois Department of State Police shall
| ||
maintain a
centralized record of discharged or conditionally | ||
released defendants while
they are under court supervision for | ||
access and use of appropriate law
enforcement agencies.
| ||
(Source: P.A. 98-1025, eff. 8-22-14.)
| ||