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91_SB0849
LRB9106073SMdv
1 AN ACT regarding mental health, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing Sections 3-209 and
6 3-814 and by adding Section 1-101.2 as follows:
7 (405 ILCS 5/1-101.2 new)
8 Sec. 1-101.2. "Adequate and human care and services"
9 means services reasonably calculated to result in a
10 significant improvement of the condition of a recipient of
11 services confined in an inpatient mental health facility so
12 that he or she may be released.
13 (405 ILCS 5/3-209) (from Ch. 91 1/2, par. 3-209)
14 Sec. 3-209. Treatment plan. Within three days of
15 admission under this Chapter or under Section 5-2-4 of the
16 Unified Code of Corrections or Section 104-25 of the Code of
17 Criminal Procedure of 1963, a treatment plan shall be
18 prepared for each recipient of service and entered into his
19 or her record. The plan shall include an assessment of the
20 recipient's treatment needs, a description of the services
21 recommended for treatment, the goals of each type of element
22 of service, an anticipated timetable for the accomplishment
23 of the goals, and a designation of the qualified professional
24 responsible for the implementation of the plan. The plan
25 shall be reviewed and updated as the clinical condition
26 warrants, but not less than every 30 days.
27 (Source: P.A. 81-920.)
28 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
29 Sec. 3-814. Treatment plan.
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1 (a) Not more than 30 days after admission under this
2 Article or under Section 5-2-4 of the Unified Code of
3 Corrections or Section 104-25 of the Code of Criminal
4 Procedure of 1963, and every 60 days thereafter, the facility
5 director shall file with the court a current treatment plan
6 with the court which shall include: all the requirements
7 listed in Section 3-209, includes an evaluation of the
8 recipient's progress and the extent to which he is benefiting
9 from treatment, the criteria which form the basis for the
10 determination that the patient is subject to involuntary
11 admission as defined in Section 1-119, and the specific
12 behaviors or conditions that demonstrate that the recipient
13 meets these criteria for continued confinement. If the
14 facility director is unable to determine any of the required
15 information, the treatment plan shall include an explanation
16 of why the facility director is unable to make this
17 determination, what the facility director is doing to enable
18 himself or herself to determine the information, and the date
19 by which the facility director expects to be able to make
20 this determination. The facility director shall forward a
21 copy of the plan to the State's Attorney, the recipient's
22 attorney, if the recipient is represented by counsel, the
23 recipient, and any guardian of the recipient.
24 (b) The purpose of the filing, forwarding, and review of
25 treatment plans and treatment is to ensure that the recipient
26 is receiving adequate and human care and services as defined
27 in Section 1-101.2 and to ensure that the recipient continues
28 to meet the standards for involuntary confinement.
29 (c) On request of the recipient or an interested person
30 on his behalf, or on the court's own initiative, the court
31 shall review the current treatment plan to determine whether
32 its contents comply with the requirements of this Section and
33 Section 3-209. If the court determines that any of the
34 information required by this Section or Section 3-209 to be
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1 included in the treatment plan is not in the treatment plan
2 or that the treatment plan does not contain information from
3 which the court can determine whether the recipient continues
4 to meet the criteria for continued confinement, the court
5 shall indicate what is lacking and order the facility
6 director to revise the current treatment plan to comply with
7 this Section and Section 3-209. If the recipient has been
8 ordered committed to the facility after he has been found not
9 guilty by reason of insanity, the treatment plan and its
10 review shall also be subject to the provisions of Section
11 5-2-4 of the Unified Code of Corrections.
12 (d) The recipient or an interested person on his or her
13 behalf may request a hearing or the court on its own motion
14 may order a hearing to review the treatment being received by
15 the recipient. The court, the recipient, or the State's
16 Attorney may call witnesses at the hearing. The court may
17 order any public agency, officer, or employee to render such
18 information, cooperation, and assistance as is within its
19 legal authority and as may be appropriate to achieve the
20 objectives of this Section. The court may order an
21 independent psychiatric evaluation on its own initiative, and
22 shall order such an evaluation if requested by the recipient
23 or the State's Attorney recipient or an interested person on
24 his behalf may request a hearing or the court on its own
25 motion may order a hearing to review the treatment plan. If
26 the court is satisfied that the recipient is benefiting from
27 treatment, it may continue the original order for the
28 remainder of the admission period. If the court is not so
29 satisfied, it may modify its original order or, if the
30 recipient is not admitted under Section 5-2-4 of the Unified
31 Code of Corrections or Section 104-25 of the Code of Criminal
32 Procedure of 1963, it may order the recipient discharged.
33 (Source: P.A. 88-380.)
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1 Section 10. The Code of Criminal Procedure of 1963 is
2 amended by changing Section 104-25 as follows:
3 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
4 Sec. 104-25. Discharge hearing.
5 (a) As provided for in paragraph (a) of Section 104-23
6 and subparagraph (1) of paragraph (b) of Section 104-23 a
7 hearing to determine the sufficiency of the evidence shall be
8 held. Such hearing shall be conducted by the court without a
9 jury. The State and the defendant may introduce evidence
10 relevant to the question of defendant's guilt of the crime
11 charged.
12 The court may admit hearsay or affidavit evidence on
13 secondary matters such as testimony to establish the chain of
14 possession of physical evidence, laboratory reports,
15 authentication of transcripts taken by official reporters,
16 court and business records, and public documents.
17 (b) If the evidence does not prove the defendant guilty
18 beyond a reasonable doubt, the court shall enter a judgment
19 of acquittal; however nothing herein shall prevent the State
20 from requesting the court to commit the defendant to the
21 Department of Human Services under the provisions of the
22 Mental Health and Developmental Disabilities Code.
23 (c) If the defendant is found not guilty by reason of
24 insanity, the court shall enter a judgment of acquittal and
25 the proceedings after acquittal by reason of insanity under
26 Section 5-2-4 of the Unified Code of Corrections shall apply.
27 (d) If the discharge hearing does not result in an
28 acquittal of the charge the defendant may be remanded for
29 further treatment and the one year time limit set forth in
30 Section 104-23 shall be extended as follows:
31 (1) If the most serious charge upon which the State
32 sustained its burden of proof was a Class 1 or Class X
33 felony, the treatment period may be extended up to a
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1 maximum treatment period of 2 years; if a Class 2, 3, or
2 4 felony, the treatment period may be extended up to a
3 maximum of 15 months;
4 (2) If the State sustained its burden of proof on a
5 charge of first degree murder, the treatment period may
6 be extended up to a maximum treatment period of 5 years.
7 (e) Transcripts of testimony taken at a discharge
8 hearing may be admitted in evidence at a subsequent trial of
9 the case, subject to the rules of evidence, if the witness
10 who gave such testimony is legally unavailable at the time of
11 the subsequent trial.
12 (f) If the court fails to enter an order of acquittal
13 the defendant may appeal from such judgment in the same
14 manner provided for an appeal from a conviction in a criminal
15 case.
16 (g) At the expiration of an extended period of treatment
17 ordered pursuant to this Section:
18 (1) Upon a finding that the defendant is fit or can
19 be rendered fit consistent with Section 104-22, the court
20 may proceed with trial.
21 (2) If the defendant continues to be unfit to stand
22 trial, the court shall determine whether he or she is
23 subject to involuntary admission under the Mental Health
24 and Developmental Disabilities Code or constitutes a
25 serious threat to the public safety. If so found, the
26 defendant shall be remanded to the Department of Human
27 Services for further treatment and shall be treated in
28 the same manner as a civilly committed patient for all
29 purposes (including treatment plans and treatment plan
30 reviews, as provided for in Section 3-209 and Section
31 3-814 of the Mental Health and Developmental Disabilities
32 Code), except that the original court having jurisdiction
33 over the defendant shall be required to approve any
34 conditional release or discharge of the defendant, for
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1 the period of commitment equal to the maximum sentence to
2 which the defendant would have been subject had he or she
3 been convicted in a criminal proceeding. During this
4 period of commitment, the original court having
5 jurisdiction over the defendant shall hold hearings under
6 clause (i) of this paragraph (2). However, if the
7 defendant is remanded to the Department of Human
8 Services, the defendant shall be placed in a secure
9 setting unless the court determines that there are
10 compelling reasons why such placement is not necessary.
11 If, during the period within which the defendant is
12 confined in a secure setting, the court enters an order
13 that requires the defendant to appear, the court shall
14 timely transmit a copy of the order or writ to the
15 director of the particular Department of Human Services
16 facility where the defendant resides authorizing the
17 transportation of the defendant to the court for the
18 purpose of the hearing.
19 (i) 180 days after a defendant is remanded to
20 the Department of Human Services, under paragraph
21 (2), and every 180 days thereafter for so long as
22 the defendant is confined under the order entered
23 thereunder, the facility director shall file a
24 treatment plan with the original court having
25 jurisdiction over the defendant. The plan shall
26 include an evaluation of the defendant's progress
27 and the extent to which he or she is benefitting
28 from treatment and an opinion as to whether the
29 defendant is currently subject to involuntary
30 admission or in need of mental health services on an
31 inpatient basis or in need of mental health services
32 on an outpatient basis. A copy of the report shall
33 be forwarded by the facility director to the clerk
34 of the court, State's Attorney and the defendant's
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1 attorney if the defendant is represented by counsel.
2 Within 30 days of the receipt of the report by the
3 court, the court shall set a hearing and shall
4 direct that notice of the time and place of the
5 hearing be served upon the defendant, the facility
6 director, the State's Attorney, and the defendant's
7 attorney. If requested by either the State or the
8 defense or if the court determines that it is
9 appropriate, an impartial examination of the
10 defendant by a psychiatrist or clinical psychologist
11 as defined in Section 1-103 of the Mental Health and
12 Developmental Disabilities Code who is not in the
13 employ of the Department of Human Services shall be
14 ordered, and the report considered at the time of
15 the hearing. If the defendant is not currently
16 represented by counsel the court shall appoint the
17 public defender to represent the defendant at the
18 hearing. The court shall make a finding as to
19 whether the defendant is:
20 (A) subject to involuntary admission; or
21 (B) in need of mental health services in
22 the form of inpatient care; or
23 (C) in need of mental health services but
24 not subject to involuntary admission nor
25 inpatient care.
26 The findings of the court shall be established by
27 clear and convincing evidence and the burden of
28 proof and the burden of going forward with the
29 evidence shall rest with the State's Attorney. Upon
30 finding by the court, the court shall enter its
31 findings and an appropriate order.
32 (ii) The terms "subject to involuntary
33 admission", "in need of mental health services in
34 the form of inpatient care" and "in need of mental
-8- LRB9106073SMdv
1 health services but not subject to involuntary
2 admission nor inpatient care" shall have the
3 meanings ascribed to them in clause (d)(3) of
4 Section 5-2-4 of the Unified Code of Corrections.
5 (3) If the defendant is not committed pursuant to
6 this Section, he or she shall be released.
7 (4) In no event may the treatment period be
8 extended to exceed the maximum sentence to which a
9 defendant would have been subject had he or she been
10 convicted in a criminal proceeding. For purposes of this
11 Section, the maximum sentence shall be determined by
12 Section 5-8-1 of the "Unified Code of Corrections",
13 excluding any sentence of natural life.
14 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
15 Section 15. The Unified Code of Corrections is amended
16 by changing Section 5-2-4 as follows:
17 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
18 Sec. 5-2-4. Proceedings after Acquittal by Reason of
19 Insanity.
20 (a) After a finding or verdict of not guilty by reason
21 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
22 of Criminal Procedure of 1963, the defendant shall be ordered
23 to the Department of Human Services for an evaluation as to
24 whether he is subject to involuntary admission or in need of
25 mental health services. The order shall specify whether the
26 evaluation shall be conducted on an inpatient or outpatient
27 basis. If the evaluation is to be conducted on an inpatient
28 basis, the defendant shall be placed in a secure setting
29 unless the Court determines that there are compelling reasons
30 why such placement is not necessary. After the evaluation and
31 during the period of time required to determine the
32 appropriate placement, the defendant shall remain in jail.
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1 Upon completion of the placement process the sheriff shall
2 be notified and shall transport the defendant to the
3 designated facility.
4 The Department shall provide the Court with a report of
5 its evaluation within 30 days of the date of this order. The
6 Court shall hold a hearing as provided under the Mental
7 Health and Developmental Disabilities Code to determine if
8 the individual is: (a) subject to involuntary admission; (b)
9 in need of mental health services on an inpatient basis; (c)
10 in need of mental health services on an outpatient basis; (d)
11 a person not in need of mental health services. The Court
12 shall enter its findings.
13 If the defendant is found to be subject to involuntary
14 admission or in need of mental health services on an
15 inpatient care basis, the Court shall order the defendant to
16 the Department of Human Services. The defendant shall be
17 placed in a secure setting unless the Court determines that
18 there are compelling reasons why such placement is not
19 necessary. Such defendants placed in a secure setting shall
20 not be permitted outside the facility's housing unit unless
21 escorted or accompanied by personnel of the Department of
22 Human Services or with the prior approval of the Court for
23 unsupervised on-grounds privileges as provided herein. Any
24 defendant placed in a secure setting pursuant to this
25 Section, transported to court hearings or other necessary
26 appointments off facility grounds by personnel of the
27 Department of Human Services, may be placed in security
28 devices or otherwise secured during the period of
29 transportation to assure secure transport of the defendant
30 and the safety of Department of Human Services personnel and
31 others. These security measures shall not constitute
32 restraint as defined in the Mental Health and Developmental
33 Disabilities Code. If the defendant is found to be in need
34 of mental health services, but not on an inpatient care
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1 basis, the Court shall conditionally release the defendant,
2 under such conditions as set forth in this Section as will
3 reasonably assure the defendant's satisfactory progress in
4 treatment or rehabilitation and the safety of the defendant
5 or others. If the Court finds the person not in need of
6 mental health services, then the Court shall order the
7 defendant discharged from custody.
8 (1) Definitions: For the purposes of this Section:
9 (A) "Subject to involuntary admission" means: a
10 defendant has been found not guilty by reason of
11 insanity; and
12 (i) who is mentally ill and who because of his
13 mental illness is reasonably expected to inflict
14 serious physical harm upon himself or another in the
15 near future; or
16 (ii) who is mentally ill and who because of
17 his illness is unable to provide for his basic
18 physical needs so as to guard himself from serious
19 harm.
20 (B) "In need of mental health services on an
21 inpatient basis" means: a defendant who has been found
22 not guilty by reason of insanity who is not subject to
23 involuntary admission but who is reasonably expected to
24 inflict serious physical harm upon himself or another and
25 who would benefit from inpatient care or is in need of
26 inpatient care.
27 (C) "In need of mental health services on an
28 outpatient basis" means: a defendant who has been found
29 not guilty by reason of insanity who is not subject to
30 involuntary admission or in need of mental health
31 services on an inpatient basis, but is in need of
32 outpatient care, drug and/or alcohol rehabilitation
33 programs, community adjustment programs, individual,
34 group, or family therapy, or chemotherapy.
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1 (D) "Conditional Release" means: the release from
2 either the custody of the Department of Human Services or
3 the custody of the Court of a person who has been found
4 not guilty by reason of insanity under such conditions as
5 the Court may impose which reasonably assure the
6 defendant's satisfactory progress in treatment or
7 habilitation and the safety of the defendant and others.
8 The Court shall consider such terms and conditions which
9 may include, but need not be limited to, outpatient care,
10 alcoholic and drug rehabilitation programs, community
11 adjustment programs, individual, group, family, and
12 chemotherapy, periodic checks with the legal authorities
13 and/or the Department of Human Services. The person or
14 facility rendering the outpatient care shall be required
15 to periodically report to the Court on the progress of
16 the defendant. Such conditional release shall be for a
17 period of five years, unless the defendant, the person or
18 facility rendering the treatment, therapy, program or
19 outpatient care, or the State's Attorney petitions the
20 Court for an extension of the conditional release period
21 for an additional three years. Upon receipt of such a
22 petition, the Court shall hold a hearing consistent with
23 the provisions of this paragraph (a) and paragraph (f) of
24 this Section, shall determine whether the defendant
25 should continue to be subject to the terms of conditional
26 release, and shall enter an order either extending the
27 defendant's period of conditional release for a single
28 additional three year period or discharging the
29 defendant. In no event shall the defendant's period of
30 conditional release exceed eight years. These provisions
31 for extension of conditional release shall only apply to
32 defendants conditionally released on or after July 1,
33 1979. However the extension provisions of Public Act
34 83-1449 apply only to defendants charged with a forcible
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1 felony.
2 (E) "Facility director" means the chief officer of
3 a mental health or developmental disabilities facility or
4 his or her designee or the supervisor of a program of
5 treatment or habilitation or his or her designee.
6 "Designee" may include a physician, clinical
7 psychologist, social worker, or nurse.
8 (b) If the Court finds the defendant subject to
9 involuntary admission or in need of mental health services on
10 an inpatient basis, the admission, detention, care, treatment
11 or habilitation, treatment plans, review proceedings,
12 including review of treatment and treatment plans, and
13 discharge of the defendant after such order shall be under
14 the Mental Health and Developmental Disabilities Code, except
15 that the initial order for admission of a defendant acquitted
16 of a felony by reason of insanity shall be for an indefinite
17 period of time. Such period of commitment shall not exceed
18 the maximum length of time that the defendant would have been
19 required to serve, less credit for good behavior, before
20 becoming eligible for release had he been convicted of and
21 received the maximum sentence for the most serious crime for
22 which he has been acquitted by reason of insanity. The Court
23 shall determine the maximum period of commitment by an
24 appropriate order. During this period of time, the defendant
25 shall not be permitted to be in the community in any manner,
26 including but not limited to off-grounds privileges, with or
27 without escort by personnel of the Department of Human
28 Services, unsupervised on-grounds privileges, discharge or
29 conditional or temporary release, except by a plan as
30 provided in this Section. In no event shall a defendant's
31 continued unauthorized absence be a basis for discharge. Not
32 more than 30 days after admission and every 60 days
33 thereafter so long as the initial order remains in effect,
34 the facility director shall file a treatment plan with the
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1 court, and forward a copy of the treatment plan to the other
2 persons identified in Section 3-814 of the Mental Health and
3 Developmental Disabilities Code. Such plan shall include the
4 information required by Section 3-814 and Section 3-209 of
5 the Mental Health and Developmental Disabilities Code, and
6 shall further state whether the recipient is in need of
7 mental health services on an inpatient basis, or in need of
8 mental health services on an outpatient basis, as these terms
9 are defined in this Section, and the specific behaviors or
10 conditions that demonstrate that the recipient meets these
11 criteria for continued confinement or conditional release an
12 evaluation of the defendant's progress and the extent to
13 which he is benefiting from treatment. Such plan may also
14 include unsupervised on-grounds privileges, off-grounds
15 privileges (with or without escort by personnel of the
16 Department of Human Services), home visits and participation
17 in work programs, but only where such privileges have been
18 approved by specific court order, which order may include
19 such conditions on the defendant as the Court may deem
20 appropriate and necessary to reasonably assure the
21 defendant's satisfactory progress in treatment and the safety
22 of the defendant and others.
23 (c) Every defendant acquitted of a felony by reason of
24 insanity and subsequently found to be subject to involuntary
25 admission or in need of mental health services shall be
26 represented by counsel in all proceedings under this Section
27 and under the Mental Health and Developmental Disabilities
28 Code.
29 (1) The Court shall appoint as counsel the public
30 defender or an attorney licensed by this State.
31 (2) Upon filing with the Court of a verified
32 statement of legal services rendered by the private
33 attorney appointed pursuant to paragraph (1) of this
34 subsection, the Court shall determine a reasonable fee
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1 for such services. If the defendant is unable to pay the
2 fee, the Court shall enter an order upon the State to pay
3 the entire fee or such amount as the defendant is unable
4 to pay from funds appropriated by the General Assembly
5 for that purpose.
6 (d) When the facility director determines that:
7 (1) the defendant is no longer subject to
8 involuntary admission or in need of mental health
9 services on an inpatient basis; and
10 (2) the defendant may be conditionally released
11 because he or she is still in need of mental health
12 services or that the defendant may be discharged as not
13 in need of any mental health services; or
14 (3) the defendant no longer requires placement in a
15 secure setting;
16 the facility director shall give written notice to the Court,
17 State's Attorney and defense attorney. Such notice shall set
18 forth in detail the basis for the recommendation of the
19 facility director, and specify clearly the recommendations,
20 if any, of the facility director, concerning conditional
21 release. Within 30 days of the notification by the facility
22 director, the Court shall set a hearing and make a finding as
23 to whether the defendant is:
24 (i) subject to involuntary admission; or
25 (ii) in need of mental health services in the form
26 of inpatient care; or
27 (iii) in need of mental health services but not
28 subject to involuntary admission or inpatient care; or
29 (iv) no longer in need of mental health services;
30 or
31 (v) no longer requires placement in a secure
32 setting.
33 Upon finding by the Court, the Court shall enter its
34 findings and such appropriate order as provided in subsection
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1 (a) of this Section.
2 (e) A defendant admitted pursuant to this Section, or
3 any person on his behalf, may file a petition for transfer
4 to a non-secure setting within the Department of Human
5 Services or discharge or conditional release under the
6 standards of this Section in the Court which rendered the
7 verdict. Upon receipt of a petition for transfer to a
8 non-secure setting or discharge or conditional release, the
9 Court shall set a hearing to be held within 120 days.
10 Thereafter, no new petition may be filed for 120 days without
11 leave of the Court.
12 (f) The Court shall direct that notice of the time and
13 place of the hearing be served upon the defendant, the
14 facility director, the State's Attorney, and the defendant's
15 attorney. If requested by either the State or the defense or
16 if the Court feels it is appropriate, an impartial
17 examination of the defendant by a psychiatrist or clinical
18 psychologist as defined in Section 1-103 of the Mental Health
19 and Developmental Disabilities Code who is not in the employ
20 of the Department of Human Services shall be ordered, and the
21 report considered at the time of the hearing.
22 (g) The findings of the Court shall be established by
23 clear and convincing evidence. The burden of proof and the
24 burden of going forth with the evidence rest with the State
25 when a hearing is held to review the determination of the
26 facility director that the defendant should be transferred to
27 a non-secure setting, discharged or conditionally released.
28 The burden of proof and the burden of going forth with the
29 evidence rest on the defendant when a hearing is held to
30 review a petition filed by or on behalf of such defendant.
31 The evidence shall be presented in open Court with the right
32 of confrontation and cross-examination.
33 (h) If the Court finds that the defendant is no longer
34 in need of mental health services it shall order the facility
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1 director to discharge the defendant. If the Court finds that
2 the defendant is in need of mental health services, and no
3 longer in need of inpatient care, it shall order the facility
4 director to release the defendant under such conditions as
5 the Court deems appropriate and as provided by this Section.
6 Such conditional release shall be imposed for a period of
7 five years and shall be subject to later modification by the
8 Court as provided by this Section. If the Court finds that
9 the defendant is subject to involuntary admission or in need
10 of mental health services on an inpatient basis, it shall
11 order the facility director not to discharge or release the
12 defendant in accordance with paragraph (b) of this Section.
13 (i) If within the period of the defendant's conditional
14 release, the Court determines, after hearing evidence, that
15 the defendant has not fulfilled the conditions of release,
16 the Court shall order a hearing to be held consistent with
17 the provisions of paragraph (f) and (g) of this Section. At
18 such hearing, if the Court finds that the defendant is
19 subject to involuntary admission or in need of mental health
20 services on an inpatient basis, it shall enter an order
21 remanding him or her to the Department of Human Services or
22 other facility. If the defendant is remanded to the
23 Department of Human Services, he or she shall be placed in a
24 secure setting unless the Court determines that there are
25 compelling reasons that such placement is not necessary. If
26 the Court finds that the defendant continues to be in need
27 of mental health services but not on an inpatient basis, it
28 may modify the conditions of the original release in order to
29 reasonably assure the defendant's satisfactory progress in
30 treatment and his or her safety and the safety of others. In
31 no event shall such conditional release be longer than eight
32 years. Nothing in this Section shall limit a Court's contempt
33 powers or any other powers of a Court.
34 (j) An order of admission under this Section does not
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1 affect the remedy of habeas corpus.
2 (k) In the event of a conflict between this Section and
3 the Mental Health and Developmental Disabilities Code or the
4 Mental Health and Developmental Disabilities Confidentiality
5 Act, the provisions of this Section shall govern.
6 (l) This amendatory Act shall apply to all persons who
7 have been found not guilty by reason of insanity and who are
8 presently committed to the Department of Mental Health and
9 Developmental Disabilities (now the Department of Human
10 Services).
11 (m) The Clerk of the Court shall, after the entry of an
12 order of transfer to a non-secure setting of the Department
13 of Human Services or discharge or conditional release,
14 transmit a certified copy of the order to the Department of
15 Human Services, and the sheriff of the county from which the
16 defendant was admitted. In cases where the arrest of the
17 defendant or the commission of the offense took place in any
18 municipality with a population of more than 25,000 persons,
19 the Clerk of the Court shall also transmit a certified copy
20 of the order of discharge or conditional release to the
21 proper law enforcement agency for said municipality provided
22 the municipality has requested such notice in writing.
23 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
24 90-105, eff. 7-11-97; 90-593, eff. 6-19-98.)
25 Section 99. Effective date. This Act takes effect
26 January 1, 2000.