Public Act 097-0037
 
SB0074 EnrolledLRB097 02739 RLC 42760 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 104-20 as follows:
 



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



    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 21 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:

        (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 one year from 
    the date of the original finding
of unfitness.

    (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 one year 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.

(Source: P.A. 94-191, eff. 7-12-05.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.