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| Public Act 096-0117 |
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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 Mental Health and Developmental | ||||
Disabilities Code is amended by changing Section 3-800 as | ||||
follows:
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
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Sec. 3-800.
(a) Unless otherwise indicated, court hearings | ||||
under this
Chapter shall be held pursuant to this Article. | ||||
Hearings shall be held
in such quarters as the court directs.
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To the extent practical, hearings shall be held in the mental | ||||
health facility
where the respondent is hospitalized. Any party | ||||
may request a change of
venue or transfer to any other county | ||||
because of the convenience of parties
or witnesses or the | ||||
condition of the respondent. The respondent may
request to have | ||||
the proceedings transferred to the county of his residence.
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(b) If the court grants a continuance on its own motion or | ||||
upon the motion
of one of the parties, the respondent may | ||||
continue to be detained pending
further order of the court. | ||||
Such continuance shall not extend beyond 15
days except to the | ||||
extent that continuances are requested by the respondent.
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(c) Court hearings under this Chapter, including hearings | ||||
under Section
2-107.1, shall be open to the press and public | ||||
unless the
respondent or some other party requests that they be | ||
closed. The court may
also indicate its intention to close a | ||
hearing, including when it determines
that the respondent may | ||
be unable to make a reasoned decision to request that
the
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hearing be closed. A request that a hearing be closed shall be
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granted unless there is an objection to closing the hearing by | ||
a party or any
other person. If
an objection is made, the court | ||
shall not close the hearing unless, following a
hearing, it | ||
determines that the patient's interest in having the hearing | ||
closed
is compelling. The court shall support its determination | ||
with written findings
of fact and conclusions of law. The court | ||
shall not close the hearing if the
respondent objects to its | ||
closure. Whenever a court determines that a hearing
shall be | ||
closed, access to the records of the hearing, including but not
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limited to transcripts and pleadings, shall be limited to the | ||
parties involved
in the hearing, court personnel, and any | ||
person or agency providing mental
health services that are the | ||
subject of the hearing. Access may also
be granted, however, | ||
pursuant to the provisions of the Mental Health and
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Developmental
Disabilities Confidentiality Act. | ||
(d) The provisions of subsection (a-5) of Section 6 of the | ||
Rights of Crime Victims and Witnesses Act shall apply to the | ||
initial commitment hearing, as provided under Section 5-2-4 of | ||
the Unified Code of Corrections, for a respondent found not | ||
guilty by reason of insanity of a violent crime in a criminal | ||
proceeding and the hearing has been ordered by the court under | ||
this Code to determine if the defendant is: | ||
(1) in need of mental health services on an inpatient | ||
basis; | ||
(2) in need of mental health services on an outpatient | ||
basis; or | ||
(3) not in need of mental health services. | ||
While the impact statement to the court allowed under this | ||
subsection (d) may include the impact that the respondent's | ||
criminal conduct has had upon the victim, victim's | ||
representative, or victim's family or household member, the | ||
court may only consider the impact statement along with all | ||
other appropriate factors in determining the: | ||
(i) threat of serious physical harm posed by the | ||
respondent to himself or herself, or to another person; | ||
(ii) location of inpatient or outpatient mental health | ||
services ordered by the court, but only after complying | ||
with all other applicable administrative requirements, | ||
rules, and statutory requirements; | ||
(iii) maximum period of commitment for inpatient | ||
mental health services; and | ||
(iv) conditions of release for outpatient mental | ||
health services ordered by the court.
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(Source: P.A. 90-538, eff. 12-1-97.)
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Section 10. The Rights of Crime Victims and Witnesses Act | ||
is amended by changing Section 6 as follows:
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(725 ILCS 120/6) (from Ch. 38, par. 1406)
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Sec. 6. Rights to present victim impact statement.
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(a) In any case where a defendant has been convicted of a | ||
violent crime or a
juvenile has been adjudicated a delinquent | ||
for a violent crime and a victim of the violent crime or the | ||
victim's spouse,
guardian, parent, grandparent, or other | ||
immediate family or household member is present in
the
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courtroom at the time of the sentencing or the disposition | ||
hearing,
the victim or his or her representative shall have the | ||
right and the victim's
spouse, guardian, parent, grandparent, | ||
and other immediate
family or household member upon his, her, | ||
or
their request may be permitted by the court to address the
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court regarding the impact that the defendant's criminal | ||
conduct
or the
juvenile's delinquent conduct has had upon them | ||
and the victim.
The court has discretion to determine the | ||
number of oral presentations of victim impact statements.
Any | ||
impact
statement must have been prepared in writing in | ||
conjunction with the Office
of the State's Attorney prior to | ||
the initial hearing or sentencing, before
it can be presented | ||
orally or in writing at the sentencing hearing. In
conjunction | ||
with the Office of the State's Attorney, a victim impact | ||
statement
that is presented orally may be done so by the victim | ||
or the victim's spouse,
guardian, parent, grandparent, or other | ||
immediate family or household member or
his,
her, or their
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representative. At the sentencing hearing, the prosecution may | ||
introduce
that evidence either in its
case in chief or in | ||
rebuttal. The court shall
consider any impact statement | ||
admitted
along with
all
other appropriate factors in | ||
determining the sentence of the defendant or
disposition of | ||
such juvenile.
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(a-5) In any case where a defendant has been found not | ||
guilty by reason of insanity of a violent crime and a hearing | ||
has been ordered by the court under the Mental Health and | ||
Developmental Disabilities Code to determine if the defendant | ||
is: (1) in need of mental health services on an inpatient | ||
basis; (2) in need of mental health services on an outpatient | ||
basis; or (3) not in need of mental health services and a | ||
victim of the violent crime or the victim's spouse,
guardian, | ||
parent, grandparent, or other immediate family or household | ||
member is present in
the
courtroom at the time of the initial | ||
commitment hearing, the victim or his or her representative | ||
shall have the right and the victim's
spouse, guardian, parent, | ||
grandparent, and other immediate
family or household members | ||
upon their request may be permitted by the court to address the
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court regarding the impact that the defendant's criminal | ||
conduct has had upon them and the victim.
The court has | ||
discretion to determine the number of oral presentations of | ||
victim impact statements.
Any impact
statement must have been | ||
prepared in writing in conjunction with the Office
of the | ||
State's Attorney prior to the initial commitment hearing, | ||
before
it may be presented orally or in writing at the | ||
commitment hearing. In
conjunction with the Office of the | ||
State's Attorney, a victim impact statement
that is presented | ||
orally may be presented so by the victim or the victim's | ||
spouse,
guardian, parent, grandparent, or other immediate | ||
family or household member or
his or her
representative. At the | ||
initial commitment hearing, the State's Attorney may introduce
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the statement either in its
case in chief or in rebuttal. The | ||
court may only consider the impact statement along with all | ||
other appropriate factors in determining the: (1) threat of | ||
serious physical harm poised by the respondent to himself or | ||
herself, or to another person; (2) location of inpatient or | ||
outpatient mental health services ordered by the court, but | ||
only after complying with all other applicable administrative, | ||
rule, and statutory requirements; (3) maximum period of | ||
commitment for inpatient mental health services; and (4) | ||
conditions of release for outpatient mental health services | ||
ordered by the court. | ||
(b) The crime victim has the right to prepare a victim | ||
impact statement
and present it to the Office of the State's | ||
Attorney at any time during the
proceedings. Any written victim | ||
impact statement submitted to the Office of the State's | ||
Attorney shall be considered by the court during its | ||
consideration of aggravation and mitigation in plea | ||
proceedings under Supreme Court Rule 402.
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(c) This Section shall apply to any victims of a violent | ||
crime during any
dispositional hearing under Section 5-705 of | ||
the Juvenile Court
Act of 1987 which takes place pursuant to an | ||
adjudication or trial or plea of
delinquency for any such | ||
offense.
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(Source: P.A. 95-591, eff. 6-1-08.)
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