96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2504


 
Introduced 1/6/2010, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		





 








725 ILCS 5/104-31
  from Ch. 38, par. 104-31








     Amends the Code of Criminal Procedure of 1963.  Provides that a defendant who has been found unfit to stand trial, plead, or be sentenced and who has been placed in a setting (rather than a secure setting) of the Department of Human Services shall not be permitted outside the facility's housing unit unless escorted or accompanied by personnel of the Department of Human Services or authorized by the court.  Provides that placement of such defendant in a non-secure setting must be approved by specific court order.  Provides that the changes made by
the amendatory Act are declarative of existing
law and shall not be construed as a new enactment.   Effective immediately.
  















LRB096 16191 RLC 31446 b

















 


 


A BILL FOR









 




  






SB2504

LRB096 16191 RLC 31446 b





  
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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 
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amended  by changing Section 104-31 as follows:
 



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    (725 ILCS 5/104-31)  (from Ch. 38, par. 104-31)



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    Sec. 104-31. No defendant placed in a secure setting of the 
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Department of
Human Services pursuant to
the provisions of 
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Sections 104-17, 104-25, or 104-26 shall be permitted outside

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the facility's
housing unit unless escorted or accompanied by 
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personnel of the Department of
Human Services or authorized by 
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court order.
Any defendant placed in a secure setting pursuant 
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to this Section,
transported to court hearings or other 
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necessary appointments
off facility grounds
by personnel of
the 
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Department of Human Services, may be
placed in security devices

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or otherwise secured during the period of transportation to 
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assure
secure transport of the defendant and the safety of 
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Department
of Human Services personnel and others.  These 
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security measures
shall not constitute restraint as defined in 
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the Mental Health and
Developmental Disabilities Code.
 Nor 
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shall
any such defendant
be permitted any off-grounds 
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privileges, either with or without escort by
personnel of the 
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Department of Human Services,
or any unsupervised on-ground 
 


 






SB2504
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LRB096 16191 RLC 31446 b




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privileges, or placement in a non-secure setting unless such 
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off-grounds or
unsupervised on-grounds privileges, or 
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placement in a non-secure setting have been approved by 
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specific court
order, which order may include such conditions 
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on the defendant as the
court may deem appropriate and 
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necessary to reasonably assure the
defendant's satisfactory 
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progress in treatment and the safety of the defendant
or 
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others. Whenever the court receives a report from the 
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supervisor of the defendant's treatment recommending the 
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defendant for any  off-grounds or unsupervised on-grounds 
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privileges, or placement in a non-secure setting, the court 
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shall set the matter for a first hearing within 21 days unless 
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good cause is demonstrated why the hearing cannot be held.
The 
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changes made to this Section by
this amendatory Act of the 96th 
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General Assembly are declarative of existing
law and shall not 
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be construed as a new enactment. 

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(Source: P.A. 95-296, eff. 8-20-07.)

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