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91st General Assembly
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91_SB0849enr

 
SB849 Enrolled                                 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   2.    The   Mental   Health  and  Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Section 2 as follows:

 7        (20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
 8        Sec. 2. Definitions; administrative subdivisions.
 9        (a)  For  the  purposes  of  this Act, unless the context
10    otherwise requires:
11        "Department" means  the  Department  of  Human  Services,
12    successor  to  the  former  Department  of  Mental Health and
13    Developmental Disabilities.
14        "Secretary" means the Secretary of Human Services.
15        (b)  Unless the context otherwise requires:
16             (1)  References in  this  Act  to  the  programs  or
17        facilities  of the Department shall be construed to refer
18        only to those programs or facilities  of  the  Department
19        that   pertain   to   mental   health   or  developmental
20        disabilities.
21             (2)  References in  this  Act  to  the  Department's
22        service   providers   or   service  recipients  shall  be
23        construed to refer only to  providers  or  recipients  of
24        services  that  pertain to the Department's mental health
25        and developmental disabilities functions.
26             (3)  References in this  Act  to  employees  of  the
27        Department  shall be construed to refer only to employees
28        whose duties pertain to the  Department's  mental  health
29        and developmental disabilities functions.
30        (c)  The  Secretary  shall establish such subdivisions of
31    the Department as shall be desirable and shall assign to  the
 
SB849 Enrolled             -2-                 LRB9106073SMdv
 1    various  subdivisions  the responsibilities and duties placed
 2    upon the Department by the Laws of the State of Illinois.
 3        (d)  There is established a coordinator  of  services  to
 4    mentally  disabled  deaf  and  hearing  impaired persons.  In
 5    hiring this coordinator, every consideration shall  be  given
 6    to qualified deaf or hearing impaired individuals.
 7        (e)   Whenever   the   administrative   director  of  the
 8    subdivision   for   mental   health   services   is   not   a
 9    board-certified psychiatrist, the Secretary shall  appoint  a
10    Chief  for  Clinical  Services who shall be a board-certified
11    psychiatrist   with   both   clinical   and    administrative
12    experience.    The  Chief  for  Clinical  Services  shall  be
13    responsible for all clinical and medical decisions for mental
14    health services.
15    (Source: P.A. 89-507, eff. 7-1-97.)

16        Section  5.   The   Mental   Health   and   Developmental
17    Disabilities  Code  is amended by changing Sections 1-122 and
18    3-814 and by adding Section 1-101.2 as follows:

19        (405 ILCS 5/1-101.2 new)
20        Sec. 1-101.2.  "Adequate and humane  care  and  services"
21    means   services   reasonably   calculated  to  result  in  a
22    significant improvement of the condition of  a  recipient  of
23    services  confined  in an inpatient mental health facility so
24    that he  or  she  may  be  released  or  services  reasonably
25    calculated   to  prevent  further  decline  in  the  clinical
26    condition of a recipient of services so that he or  she  does
27    not present an imminent danger to self or others.

28        (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
29        Sec.  1-122.   Qualified  examiner.  "Qualified examiner"
30    means a person who is:
31        (a) a Clinical social worker as defined in this Act, or
 
SB849 Enrolled             -3-                 LRB9106073SMdv
 1        (b)  a  registered  nurse  with  a  master's  degree   in
 2    psychiatric  nursing who has 3 years of clinical training and
 3    experience in the evaluation and treatment of mental  illness
 4    which  has  been  acquired  subsequent  to  any  training and
 5    experience which constituted a part of the degree program, or
 6    
 7        (c) a licensed clinical  professional  counselor  with  a
 8    master's  or doctoral degree in counseling or psychology or a
 9    similar master's  or  doctorate  program  from  a  regionally
10    accredited institution who has at least 3 years of supervised
11    postmaster's clinical professional counseling experience that
12    includes  the  provision  of  mental  health services for the
13    evaluation, treatment, and prevention of mental and emotional
14    disorders.
15        A social worker who is a qualified examiner  shall  be  a
16    licensed  clinical  social  worker  under the Clinical Social
17    Work and Social Work Practice Act.
18    (Source: P.A. 87-124; 87-530.)

19        (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
20        Sec. 3-814.  Treatment plan.
21        (a)  Not more than 30 days  after  admission  under  this
22    Article,  the  facility  director shall file with the court a
23    current treatment plan with the court  which  shall  include:
24    all  the  requirements  listed  in Section 3-209, includes an
25    evaluation of the recipient's  progress  and  the  extent  to
26    which  he  is  benefiting  from treatment, the criteria which
27    form the basis for the  determination  that  the  patient  is
28    subject to involuntary admission as defined in Section 1-119,
29    and  the  specific  behaviors  or conditions that demonstrate
30    that  the  recipient  meets  these  criteria  for   continued
31    confinement.  If the facility director is unable to determine
32    any of the required information,  the  treatment  plan  shall
33    include an explanation of why the facility director is unable
 
SB849 Enrolled             -4-                 LRB9106073SMdv
 1    to  make  this  determination,  what the facility director is
 2    doing  to  enable  himself  or  herself  to   determine   the
 3    information,  and  the  date  by  which the facility director
 4    expects to be able to make this determination.  The  facility
 5    director  shall  forward  a  copy  of the plan to the State's
 6    Attorney, the  recipient's  attorney,  if  the  recipient  is
 7    represented  by  counsel,  the recipient, and any guardian of
 8    the recipient.
 9        (b)  The purpose of the filing, forwarding, and review of
10    treatment plans and treatment is to ensure that the recipient
11    is receiving adequate and humane care and services as defined
12    in Section 1-101.2 and to ensure that the recipient continues
13    to meet the standards for involuntary confinement.
14        (c)  On request of the recipient or an interested  person
15    on  his  behalf,  or on the court's own initiative, the court
16    shall review the current treatment plan to determine  whether
17    its contents comply with the requirements of this Section and
18    Section 3-209. A request to review the current treatment plan
19    may  be  made by the recipient, or by an interested person on
20    his behalf, 30 days after initial  commitment  under  Section
21    3-813,  90  days  after  the  initial commitment, and 90 days
22    after each additional period of commitment  under  subsection
23    (b) of Section 3-813. If the court determines that any of the
24    information  required  by this Section or Section 3-209 to be
25    included in the treatment plan is not in the  treatment  plan
26    or  that the treatment plan does not contain information from
27    which the court can determine whether the recipient continues
28    to meet the criteria for  continued  confinement,  the  court
29    shall  indicate  what  is  lacking  and  order  the  facility
30    director  to revise the current treatment plan to comply with
31    this Section and Section 3-209. If  the  recipient  has  been
32    ordered committed to the facility after he has been found not
33    guilty  by  reason  of  insanity,  the treatment plan and its
34    review shall be subject to the provisions of Section 5-2-4 of
 
SB849 Enrolled             -5-                 LRB9106073SMdv
 1    the Unified Code of Corrections.
 2        (d)  The recipient or an interested person on his or  her
 3    behalf  may  request a hearing or the court on its own motion
 4    may order a hearing to review the treatment being received by
 5    the recipient.  The court,  the  recipient,  or  the  State's
 6    Attorney  may  call  witnesses  at the hearing. The court may
 7    order any public agency, officer, or employee to render  such
 8    information,  cooperation,  and  assistance  as is within its
 9    legal authority and as may  be  appropriate  to  achieve  the
10    objectives   of   this   Section.  The  court  may  order  an
11    independent examination on its own initiative and shall order
12    such an evaluation if either the  recipient  or  the  State's
13    Attorney  so  requests and has demonstrated to the court that
14    the plan cannot be effectively reviewed by the court  without
15    such  an examination.  Under no circumstances shall the court
16    be required to order an independent examination  pursuant  to
17    this Section more than once each year.  The examination shall
18    be  conducted  by  persons  authorized to conduct independent
19    examinations under Section 3-804 recipient or  an  interested
20    person  on  his  behalf may request a hearing or the court on
21    its own motion may order a hearing to  review  the  treatment
22    plan.   If  the  court  is  satisfied  that  the recipient is
23    benefiting from treatment, it may continue the original order
24    for the remainder of the admission period.  If the  court  is
25    not  so satisfied, it may modify its original order or it may
26    order the recipient discharged.
27        (e)  In lieu of a treatment plan, the  facility  director
28    may file a typed summary of the treatment plan which contains
29    the  information  required under Section 3-209 and subsection
30    (a) of this Section.
31    (Source: P.A. 88-380.)

32        Section 10.  The Code of Criminal Procedure  of  1963  is
33    amended by changing Section 104-25 as follows:
 
SB849 Enrolled             -6-                 LRB9106073SMdv
 1        (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
 2        Sec. 104-25.  Discharge hearing.
 3        (a)  As  provided  for in paragraph (a) of Section 104-23
 4    and subparagraph (1) of paragraph (b)  of  Section  104-23  a
 5    hearing to determine the sufficiency of the evidence shall be
 6    held.  Such hearing shall be conducted by the court without a
 7    jury.   The  State  and  the defendant may introduce evidence
 8    relevant to the question of defendant's guilt  of  the  crime
 9    charged.
10        The  court  may  admit  hearsay  or affidavit evidence on
11    secondary matters such as testimony to establish the chain of
12    possession  of   physical   evidence,   laboratory   reports,
13    authentication  of  transcripts  taken by official reporters,
14    court and business records, and public documents.
15        (b)  If the evidence does not prove the defendant  guilty
16    beyond  a  reasonable doubt, the court shall enter a judgment
17    of acquittal; however nothing herein shall prevent the  State
18    from  requesting  the  court  to  commit the defendant to the
19    Department of Human Services  under  the  provisions  of  the
20    Mental Health and Developmental Disabilities Code.
21        (c)  If  the  defendant  is found not guilty by reason of
22    insanity, the court shall enter a judgment of  acquittal  and
23    the  proceedings  after acquittal by reason of insanity under
24    Section 5-2-4 of the Unified Code of Corrections shall apply.
25        (d)  If the discharge  hearing  does  not  result  in  an
26    acquittal  of  the  charge  the defendant may be remanded for
27    further treatment and the one year time limit  set  forth  in
28    Section 104-23 shall be extended as follows:
29             (1)  If the most serious charge upon which the State
30        sustained  its  burden  of proof was a Class 1 or Class X
31        felony, the treatment period may  be  extended  up  to  a
32        maximum  treatment period of 2 years; if a Class 2, 3, or
33        4 felony, the treatment period may be extended  up  to  a
34        maximum of 15 months;
 
SB849 Enrolled             -7-                 LRB9106073SMdv
 1             (2)  If the State sustained its burden of proof on a
 2        charge  of  first degree murder, the treatment period may
 3        be extended up to a maximum treatment period of 5 years.
 4        (e)  Transcripts  of  testimony  taken  at  a   discharge
 5    hearing  may be admitted in evidence at a subsequent trial of
 6    the case, subject to the rules of evidence,  if  the  witness
 7    who gave such testimony is legally unavailable at the time of
 8    the subsequent trial.
 9        (f)  If  the  court  fails to enter an order of acquittal
10    the defendant may appeal  from  such  judgment  in  the  same
11    manner provided for an appeal from a conviction in a criminal
12    case.
13        (g)  At the expiration of an extended period of treatment
14    ordered pursuant to this Section:
15             (1)  Upon a finding that the defendant is fit or can
16        be rendered fit consistent with Section 104-22, the court
17        may proceed with trial.
18             (2)  If the defendant continues to be unfit to stand
19        trial,  the  court  shall  determine whether he or she is
20        subject to involuntary admission under the Mental  Health
21        and  Developmental  Disabilities  Code  or  constitutes a
22        serious threat to the public safety.  If  so  found,  the
23        defendant  shall  be  remanded to the Department of Human
24        Services for further treatment and shall  be  treated  in
25        the  same  manner  as a civilly committed patient for all
26        purposes,  except  that   the   original   court   having
27        jurisdiction  over  the  defendant  shall  be required to
28        approve any  conditional  release  or  discharge  of  the
29        defendant,  for  the  period  of  commitment equal to the
30        maximum sentence to which the defendant would  have  been
31        subject  had  he  or  she  been  convicted  in a criminal
32        proceeding.   During  this  period  of  commitment,   the
33        original  court  having  jurisdiction  over the defendant
34        shall hold hearings under clause (i)  of  this  paragraph
 
SB849 Enrolled             -8-                 LRB9106073SMdv
 1        (2).   However,  if  the  defendant  is  remanded  to the
 2        Department of Human  Services,  the  defendant  shall  be
 3        placed  in  a  secure setting unless the court determines
 4        that there are compelling reasons why such  placement  is
 5        not necessary.
 6             If  the  defendant does not have a current treatment
 7        plan,  then  within  3  days  of  admission  under   this
 8        subdivision  (g)(2),  a  treatment plan shall be prepared
 9        for each defendant and entered into his  or  her  record.
10        The   plan   shall  include  (i)  an  assessment  of  the
11        defendant's treatment needs, (ii) a  description  of  the
12        services  recommended  for  treatment, (iii) the goals of
13        each type of element  of  service,  (iv)  an  anticipated
14        timetable  for the accomplishment of the goals, and (v) a
15        designation of the qualified professional responsible for
16        the implementation  of  the  plan.   The  plan  shall  be
17        reviewed  and updated as the clinical condition warrants,
18        but not less than every 30 days.
19             Every 90 days after the initial admission under this
20        subdivision (g)(2), the facility director  shall  file  a
21        typed  treatment  plan  report  with  the  original court
22        having jurisdiction over the defendant.  The report shall
23        include an opinion as to whether the defendant is fit  to
24        stand  trial  and  whether  the  defendant  is  currently
25        subject  to  involuntary  admission,  in  need  of mental
26        health services on an inpatient  basis,  or  in  need  of
27        mental  health  services  on  an  outpatient  basis.  The
28        report shall also summarize the basis for those  findings
29        and  provide a current summary of the 5 items required in
30        a  treatment  plan.   A  copy  of  the  report  shall  be
31        forwarded  to  the  clerk  of  the  court,  the   State's
32        Attorney,  and  the defendant's attorney if the defendant
33        is represented by counsel.
34             The court on its own motion may order a  hearing  to
 
SB849 Enrolled             -9-                 LRB9106073SMdv
 1        review the treatment plan.   The defendant or the State's
 2        Attorney  may  request  a  treatment plan review every 90
 3        days and the court shall  review  the  current  treatment
 4        plan  to  determine  whether  the  plan complies with the
 5        requirements of this Section.  The  court  may  order  an
 6        independent  examination  on its own initiative and shall
 7        order such an evaluation if either the recipient  or  the
 8        State's  Attorney so requests and has demonstrated to the
 9        court that the plan cannot be effectively reviewed by the
10        court   without   such   an   examination.    Under    no
11        circumstances  shall  the  court  be required to order an
12        independent examination pursuant  to  this  Section  more
13        than  once each year.  The examination shall be conducted
14        by a psychiatrist or clinical psychologist as defined  in
15        Section  1-103  of  the  Mental  Health and Developmental
16        Disabilities Code  who  is  not  in  the  employ  of  the
17        Department of Human Services.
18             If,  during the period within which the defendant is
19        confined in a secure setting, the court enters  an  order
20        that  requires  the  defendant to appear, the court shall
21        timely transmit a copy  of  the  order  or  writ  to  the
22        director  of  the particular Department of Human Services
23        facility where  the  defendant  resides  authorizing  the
24        transportation  of  the  defendant  to  the court for the
25        purpose of the hearing.
26                  (i)  180 days after a defendant is remanded  to
27             the  Department  of  Human Services, under paragraph
28             (2), and every 180 days thereafter for  so  long  as
29             the  defendant  is  confined under the order entered
30             thereunder,  the  facility  director  shall  file  a
31             treatment  plan  with  the  original  court   having
32             jurisdiction  over  the  defendant.   The plan shall
33             include an evaluation of  the  defendant's  progress
34             and  the  extent  to  which he or she is benefitting
 
SB849 Enrolled             -10-                LRB9106073SMdv
 1             from treatment and an  opinion  as  to  whether  the
 2             defendant   is   currently  subject  to  involuntary
 3             admission or in need of mental health services on an
 4             inpatient basis or in need of mental health services
 5             on an outpatient basis.  A copy of the report  shall
 6             be  forwarded  by the facility director to the clerk
 7             of the court, State's Attorney and  the  defendant's
 8             attorney if the defendant is represented by counsel.
 9             Within  30  days of the receipt of the report by the
10             court, the court  shall  set  a  hearing  and  shall
11             direct  that  notice  of  the  time and place of the
12             hearing be served upon the defendant,  the  facility
13             director,  the State's Attorney, and the defendant's
14             attorney.  If requested by either the State  or  the
15             defense  or  if  the  court  determines  that  it is
16             appropriate,  an  impartial   examination   of   the
17             defendant by a psychiatrist or clinical psychologist
18             as defined in Section 1-103 of the Mental Health and
19             Developmental  Disabilities  Code  who is not in the
20             employ of the Department of Human Services shall  be
21             ordered,  and  the  report considered at the time of
22             the hearing.  If  the  defendant  is  not  currently
23             represented  by  counsel the court shall appoint the
24             public defender to represent the  defendant  at  the
25             hearing.   The  court  shall  make  a  finding as to
26             whether the defendant is:
27                       (A)  subject to involuntary admission; or
28                       (B)  in need of mental health services  in
29                  the form of inpatient care; or
30                       (C)  in need of mental health services but
31                  not   subject   to  involuntary  admission  nor
32                  inpatient care.
33             The findings of the court shall  be  established  by
34             clear  and  convincing  evidence  and  the burden of
 
SB849 Enrolled             -11-                LRB9106073SMdv
 1             proof and the  burden  of  going  forward  with  the
 2             evidence shall rest with the State's Attorney.  Upon
 3             finding  by  the  court,  the  court shall enter its
 4             findings and an appropriate order.
 5                  (ii)  The   terms   "subject   to   involuntary
 6             admission", "in need of mental  health  services  in
 7             the  form  of inpatient care" and "in need of mental
 8             health  services  but  not  subject  to  involuntary
 9             admission  nor  inpatient  care"  shall   have   the
10             meanings  ascribed  to  them  in  clause  (d)(3)  of
11             Section 5-2-4 of the Unified Code of Corrections.
12             (3)  If  the  defendant is not committed pursuant to
13        this Section, he or she shall be released.
14             (4)  In  no  event  may  the  treatment  period   be
15        extended  to  exceed  the  maximum  sentence  to  which a
16        defendant would have been subject  had  he  or  she  been
17        convicted in a criminal proceeding.  For purposes of this
18        Section,  the  maximum  sentence  shall  be determined by
19        Section 5-8-1  of  the  "Unified  Code  of  Corrections",
20        excluding any sentence of natural life.
21    (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)

22        Section  15.   The Unified Code of Corrections is amended
23    by changing Section 5-2-4 as follows:

24        (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
25        Sec. 5-2-4.  Proceedings after  Acquittal  by  Reason  of
26    Insanity.
27        (a)  After  a  finding or verdict of not guilty by reason
28    of insanity under Sections 104-25, 115-3 or 115-4 of The Code
29    of Criminal Procedure of 1963, the defendant shall be ordered
30    to the Department of Human Services for an evaluation  as  to
31    whether  he is subject to involuntary admission or in need of
32    mental health services.  The order shall specify whether  the
 
SB849 Enrolled             -12-                LRB9106073SMdv
 1    evaluation  shall  be conducted on an inpatient or outpatient
 2    basis. If the evaluation is to be conducted on  an  inpatient
 3    basis,  the  defendant  shall  be  placed in a secure setting
 4    unless the Court determines that there are compelling reasons
 5    why such placement is not necessary. After the evaluation and
 6    during  the  period  of  time  required  to   determine   the
 7    appropriate  placement,  the  defendant shall remain in jail.
 8    Upon completion of the placement  process the  sheriff  shall
 9    be   notified  and  shall  transport  the  defendant  to  the
10    designated facility.
11        The Department shall provide the Court with a  report  of
12    its evaluation within 30 days of the date of this order.  The
13    Court  shall  hold  a  hearing  as  provided under the Mental
14    Health and Developmental Disabilities Code  to  determine  if
15    the  individual is: (a) subject to involuntary admission; (b)
16    in need of mental health services on an inpatient basis;  (c)
17    in need of mental health services on an outpatient basis; (d)
18    a  person  not  in need of mental health services.  The Court
19    shall enter its findings.
20        If the defendant is found to be  subject  to  involuntary
21    admission  or  in  need  of  mental  health  services  on  an
22    inpatient  care basis, the Court shall order the defendant to
23    the Department of Human  Services.  The  defendant  shall  be
24    placed  in  a secure setting unless the Court determines that
25    there are  compelling  reasons  why  such  placement  is  not
26    necessary.  Such  defendants placed in a secure setting shall
27    not be permitted outside the facility's housing  unit  unless
28    escorted  or  accompanied  by  personnel of the Department of
29    Human Services or with the prior approval of  the  Court  for
30    unsupervised  on-grounds  privileges  as provided herein. Any
31    defendant  placed  in  a  secure  setting  pursuant  to  this
32    Section, transported to court  hearings  or  other  necessary
33    appointments   off  facility  grounds  by  personnel  of  the
34    Department of Human  Services,  may  be  placed  in  security
 
SB849 Enrolled             -13-                LRB9106073SMdv
 1    devices   or   otherwise   secured   during   the  period  of
 2    transportation to assure secure transport  of  the  defendant
 3    and  the safety of Department of Human Services personnel and
 4    others.   These  security  measures  shall   not   constitute
 5    restraint  as  defined in the Mental Health and Developmental
 6    Disabilities Code.  If the defendant is found to be  in  need
 7    of  mental  health  services,  but  not  on an inpatient care
 8    basis, the Court shall conditionally release  the  defendant,
 9    under  such  conditions  as set forth in this Section as will
10    reasonably assure the defendant's  satisfactory  progress  in
11    treatment  or  rehabilitation and the safety of the defendant
12    or others.  If the Court finds the  person  not  in  need  of
13    mental  health  services,  then  the  Court  shall  order the
14    defendant discharged from custody.
15        (1)  Definitions:  For the purposes of this Section:
16             (A)  "Subject to involuntary  admission"  means:   a
17        defendant   has  been  found  not  guilty  by  reason  of
18        insanity; and
19                  (i)  who is mentally ill and who because of his
20             mental illness is  reasonably  expected  to  inflict
21             serious physical harm upon himself or another in the
22             near future; or
23                  (ii)  who  is  mentally  ill and who because of
24             his illness is  unable  to  provide  for  his  basic
25             physical  needs  so as to guard himself from serious
26             harm.
27             (B)  "In  need  of  mental  health  services  on  an
28        inpatient basis" means: a defendant who  has  been  found
29        not  guilty  by  reason of insanity who is not subject to
30        involuntary admission but who is reasonably  expected  to
31        inflict serious physical harm upon himself or another and
32        who  would  benefit  from inpatient care or is in need of
33        inpatient care.
34             (C)  "In  need  of  mental  health  services  on  an
 
SB849 Enrolled             -14-                LRB9106073SMdv
 1        outpatient basis" means: a defendant who has  been  found
 2        not  guilty  by  reason of insanity who is not subject to
 3        involuntary  admission  or  in  need  of  mental   health
 4        services  on  an  inpatient  basis,  but  is  in  need of
 5        outpatient  care,  drug  and/or  alcohol   rehabilitation
 6        programs,   community  adjustment  programs,  individual,
 7        group, or family therapy, or chemotherapy.
 8             (D)  "Conditional Release" means: the  release  from
 9        either the custody of the Department of Human Services or
10        the  custody  of the Court of a person who has been found
11        not guilty by reason of insanity under such conditions as
12        the  Court  may  impose  which  reasonably   assure   the
13        defendant's   satisfactory   progress   in  treatment  or
14        habilitation and the safety of the defendant and  others.
15        The  Court shall consider such terms and conditions which
16        may include, but need not be limited to, outpatient care,
17        alcoholic and  drug  rehabilitation  programs,  community
18        adjustment   programs,  individual,  group,  family,  and
19        chemotherapy, periodic checks with the legal  authorities
20        and/or  the  Department of Human Services.  The person or
21        facility rendering the outpatient care shall be  required
22        to  periodically  report  to the Court on the progress of
23        the defendant. Such conditional release shall  be  for  a
24        period of five years, unless the defendant, the person or
25        facility  rendering  the  treatment,  therapy, program or
26        outpatient care, or the State's  Attorney  petitions  the
27        Court  for an extension of the conditional release period
28        for an additional three years. Upon  receipt  of  such  a
29        petition,  the Court shall hold a hearing consistent with
30        the provisions of this paragraph (a) and paragraph (f) of
31        this  Section,  shall  determine  whether  the  defendant
32        should continue to be subject to the terms of conditional
33        release, and shall enter an order  either  extending  the
34        defendant's  period  of  conditional release for a single
 
SB849 Enrolled             -15-                LRB9106073SMdv
 1        additional  three  year   period   or   discharging   the
 2        defendant.  In  no  event shall the defendant's period of
 3        conditional release exceed eight years. These  provisions
 4        for  extension of conditional release shall only apply to
 5        defendants conditionally released on  or  after  July  1,
 6        1979.  However  the  extension  provisions  of Public Act
 7        83-1449 apply only to defendants charged with a  forcible
 8        felony.
 9             (E)  "Facility  director" means the chief officer of
10        a mental health or developmental disabilities facility or
11        his or her designee or the supervisor  of  a  program  of
12        treatment   or  habilitation  or  his  or  her  designee.
13        "Designee"   may   include    a    physician,    clinical
14        psychologist, social worker, or nurse.
15        (b)  If   the   Court  finds  the  defendant  subject  to
16    involuntary admission or in need of mental health services on
17    an inpatient basis, the admission, detention, care, treatment
18    or  habilitation,  treatment   plans,   review   proceedings,
19    including  review  of  treatment  and  treatment  plans,  and
20    discharge  of  the  defendant after such order shall be under
21    the Mental Health and Developmental Disabilities Code, except
22    that the initial order for admission of a defendant acquitted
23    of a felony by reason of insanity shall be for an  indefinite
24    period  of  time.  Such period of commitment shall not exceed
25    the maximum length of time that the defendant would have been
26    required to serve, less  credit  for  good  behavior,  before
27    becoming  eligible  for  release had he been convicted of and
28    received the maximum sentence for the most serious crime  for
29    which  he has been acquitted by reason of insanity. The Court
30    shall determine  the  maximum  period  of  commitment  by  an
31    appropriate order. During  this period of time, the defendant
32    shall  not be permitted to be in the community in any manner,
33    including but not limited to off-grounds privileges, with  or
34    without  escort  by  personnel  of  the  Department  of Human
 
SB849 Enrolled             -16-                LRB9106073SMdv
 1    Services, unsupervised on-grounds  privileges,  discharge  or
 2    conditional  or  temporary  release,  except  by  a  plan  as
 3    provided  in  this  Section.  In no event shall a defendant's
 4    continued unauthorized absence be a basis for discharge.  Not
 5    more  than  30  days  after  admission  and  every  60   days
 6    thereafter  so  long  as the initial order remains in effect,
 7    the facility director shall file a treatment plan report with
 8    the court and forward a copy of the treatment plan report  to
 9    the  clerk  of  the  court,  the  State's  Attorney,  and the
10    defendant's attorney, if  the  defendant  is  represented  by
11    counsel, or to a person authorized by the defendant under the
12    Mental  Health and Developmental Disabilities Confidentiality
13    Act to be sent a copy of the report.  The  report  Such  plan
14    shall  include  an  opinion  as  to  whether the defendant is
15    currently subject to involuntary admission, in need of mental
16    health services on an inpatient basis, or in need  of  mental
17    health  services  on  an  outpatient basis.  The report shall
18    also summarize the basis for those  findings  and  provide  a
19    current  summary  of  the  following items from the treatment
20    plan: (1) an assessment of the defendant's  treatment  needs,
21    (2)  a description of the services recommended for treatment,
22    (3) the goals of each type of  element  of  service,  (4)  an
23    anticipated  timetable  for  the accomplishment of the goals,
24    and  (5)  a  designation  of   the   qualified   professional
25    responsible  for the implementation of the plan an evaluation
26    of the defendant's progress and the extent  to  which  he  is
27    benefiting  from  treatment.  The  report  Such plan may also
28    include  unsupervised  on-grounds   privileges,   off-grounds
29    privileges  (with  or  without  escort  by  personnel  of the
30    Department of Human Services), home visits and  participation
31    in  work  programs,  but only where such privileges have been
32    approved by specific court order,  which  order  may  include
33    such  conditions  on  the  defendant  as  the  Court may deem
34    appropriate  and   necessary   to   reasonably   assure   the
 
SB849 Enrolled             -17-                LRB9106073SMdv
 1    defendant's satisfactory progress in treatment and the safety
 2    of the defendant and others.
 3        (c)  Every  defendant  acquitted of a felony by reason of
 4    insanity and subsequently found to be subject to  involuntary
 5    admission  or  in  need  of  mental  health services shall be
 6    represented by counsel in all proceedings under this  Section
 7    and  under  the  Mental Health and Developmental Disabilities
 8    Code.
 9             (1)  The Court shall appoint as counsel  the  public
10        defender or an attorney licensed by this State.
11             (2)  Upon  filing  with  the  Court  of  a  verified
12        statement  of  legal  services  rendered  by  the private
13        attorney appointed pursuant  to  paragraph  (1)  of  this
14        subsection,  the  Court  shall determine a reasonable fee
15        for such services.  If the defendant is unable to pay the
16        fee, the Court shall enter an order upon the State to pay
17        the entire fee or such amount as the defendant is  unable
18        to  pay  from  funds appropriated by the General Assembly
19        for that purpose.
20        (d)  When the facility director determines that:
21             (1)  the  defendant  is   no   longer   subject   to
22        involuntary   admission  or  in  need  of  mental  health
23        services on an inpatient basis; and
24             (2)  the defendant  may  be  conditionally  released
25        because  he  or  she  is  still  in need of mental health
26        services or that the defendant may be discharged  as  not
27        in need of any mental health services; or
28             (3)  the defendant no longer requires placement in a
29        secure setting;
30    the facility director shall give written notice to the Court,
31    State's  Attorney and defense attorney. Such notice shall set
32    forth in detail the  basis  for  the  recommendation  of  the
33    facility  director,  and specify clearly the recommendations,
34    if any, of  the  facility  director,  concerning  conditional
 
SB849 Enrolled             -18-                LRB9106073SMdv
 1    release.   Within 30 days of the notification by the facility
 2    director, the Court shall set a hearing and make a finding as
 3    to whether the defendant is:
 4             (i)  subject to involuntary admission; or
 5             (ii)  in need of mental health services in the  form
 6        of inpatient care; or
 7             (iii)  in  need  of  mental  health services but not
 8        subject to involuntary admission or inpatient care; or
 9             (iv)  no longer in need of mental  health  services;
10        or
11             (v)  no   longer  requires  placement  in  a  secure
12        setting.
13        Upon finding by the Court,  the  Court  shall  enter  its
14    findings and such appropriate order as provided in subsection
15    (a) of this Section.
16        (e)  A  defendant  admitted  pursuant to this Section, or
17    any person on his behalf, may  file a petition for  treatment
18    plan  review,  transfer  to  a  non-secure setting within the
19    Department of Human  Services  or  discharge  or  conditional
20    release  under  the  standards  of  this Section in the Court
21    which rendered the verdict.  Upon receipt of a  petition  for
22    treatment  plan  review,  transfer to a non-secure setting or
23    discharge or conditional  release,  the  Court  shall  set  a
24    hearing  to  be  held  within  120  days.  Thereafter, no new
25    petition may be filed for  120  days  without  leave  of  the
26    Court.
27        (f)  The  Court  shall direct that notice of the time and
28    place of the  hearing  be  served  upon  the  defendant,  the
29    facility  director, the State's Attorney, and the defendant's
30    attorney. If requested by either the State or the defense  or
31    if   the   Court   feels  it  is  appropriate,  an  impartial
32    examination of the defendant by a  psychiatrist  or  clinical
33    psychologist as defined in Section 1-103 of the Mental Health
34    and  Developmental Disabilities Code who is not in the employ
 
SB849 Enrolled             -19-                LRB9106073SMdv
 1    of the Department of Human Services shall be ordered, and the
 2    report considered at the time of the hearing.
 3        (g)  The findings of the Court shall  be  established  by
 4    clear  and  convincing evidence.  The burden of proof and the
 5    burden of going forth with the evidence rest with  the  State
 6    when  a  hearing  is  held to review the determination of the
 7    facility director that the defendant should be transferred to
 8    a non-secure setting, discharged or  conditionally  released.
 9    The  burden  of  proof and the burden of going forth with the
10    evidence rest on the defendant when  a  hearing  is  held  to
11    review  a  petition  filed by or on behalf of such defendant.
12    The evidence shall be presented in open Court with the  right
13    of confrontation and cross-examination.
14        (h)  If  the  Court finds that the defendant is no longer
15    in need of mental health services it shall order the facility
16    director to discharge the defendant.  If the Court finds that
17    the defendant is in need of mental health  services,  and  no
18    longer in need of inpatient care, it shall order the facility
19    director  to  release  the defendant under such conditions as
20    the Court deems appropriate and as provided by this  Section.
21    Such  conditional  release  shall  be imposed for a period of
22    five years and shall be subject  to later modification by the
23    Court as provided by this Section. If the  Court  finds  that
24    the  defendant is subject to involuntary admission or in need
25    of mental health services on an  inpatient  basis,  it  shall
26    order  the  facility director not to discharge or release the
27    defendant in accordance with paragraph (b) of this Section.
28        (i)  If within the period of the defendant's  conditional
29    release,  the  Court determines, after hearing evidence, that
30    the defendant has not fulfilled the  conditions  of  release,
31    the  Court  shall  order a hearing to be held consistent with
32    the provisions of paragraph (f) and (g) of this  Section.  At
33    such  hearing,  if  the  Court  finds  that  the defendant is
34    subject to involuntary admission or in need of mental  health
 
SB849 Enrolled             -20-                LRB9106073SMdv
 1    services  on  an  inpatient  basis,  it  shall enter an order
 2    remanding him or her to the Department of Human  Services  or
 3    other   facility.   If  the  defendant  is  remanded  to  the
 4    Department of Human Services, he or she shall be placed in  a
 5    secure  setting  unless  the  Court determines that there are
 6    compelling reasons that such placement is not  necessary.  If
 7    the  Court  finds that the defendant  continues to be in need
 8    of mental health services but not on an inpatient  basis,  it
 9    may modify the conditions of the original release in order to
10    reasonably  assure  the  defendant's satisfactory progress in
11    treatment and his or her safety and the safety of others.  In
12    no  event shall such conditional release be longer than eight
13    years. Nothing in this Section shall limit a Court's contempt
14    powers or any other powers of a Court.
15        (j)  An order of admission under this  Section  does  not
16    affect the remedy of habeas corpus.
17        (k)  In  the event of a conflict between this Section and
18    the Mental Health and Developmental Disabilities Code or  the
19    Mental  Health and Developmental Disabilities Confidentiality
20    Act, the provisions of this Section shall govern.
21        (l)  This amendatory Act shall apply to all  persons  who
22    have  been found not guilty by reason of insanity and who are
23    presently committed to the Department of  Mental  Health  and
24    Developmental  Disabilities  (now  the  Department  of  Human
25    Services).
26        (m)  The  Clerk of the Court shall, after the entry of an
27    order of transfer to a non-secure setting of  the  Department
28    of  Human  Services  or  discharge  or  conditional  release,
29    transmit  a  certified copy of the order to the Department of
30    Human Services, and the sheriff of the county from which  the
31    defendant  was  admitted.   In  cases where the arrest of the
32    defendant or the commission of the offense took place in  any
33    municipality  with  a population of more than 25,000 persons,
34    the Clerk of the Court shall also transmit a  certified  copy
 
SB849 Enrolled             -21-                LRB9106073SMdv
 1    of  the  order  of  discharge  or  conditional release to the
 2    proper law enforcement agency for said municipality  provided
 3    the municipality has requested such notice in writing.
 4    (Source:  P.A.  89-404,  eff.  8-20-95;  89-507, eff. 7-1-97;
 5    90-105, eff. 7-11-97; 90-593, eff. 6-19-98.)

 6        Section  20.   The  Mental   Health   and   Developmental
 7    Disabilities  Confidentiality  Act  is  amended  by  changing
 8    Section 9.2 as follows:

 9        (740 ILCS 110/9.2)
10        Sec.    9.2.    Interagency   disclosure   of   recipient
11    information.  For the purposes of  continuity  of  care,  the
12    Department  of Human Services (as successor to the Department
13    of  Mental  Health  and  Developmental   Disabilities),   and
14    community agencies funded by the Department of Human Services
15    in  that  capacity,  and jails operated by any county of this
16    State may disclose a recipient's  record  or  communications,
17    without  consent,  to each other, but only for the purpose of
18    admission, treatment, planning, or discharge.  Entities shall
19    not  redisclose  any  personally  identifiable   information,
20    unless  necessary  for  admission,  treatment,  planning,  or
21    discharge  of the identified recipient to another setting. No
22    records or communications may be disclosed to a  county  jail
23    pursuant  to  this  Section unless the Department has entered
24    into a written agreement with the county jail requiring  that
25    the   county  jail  adopt  written  policies  and  procedures
26    designed to ensure that the records  and  communications  are
27    disclosed only to those persons employed by or under contract
28    to  the  county  jail  who  are  involved in the provision of
29    mental health services to inmates and that  the  records  and
30    communications are protected from further disclosure.
31    (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
 
SB849 Enrolled             -22-                LRB9106073SMdv
 1        Section  99.   Effective  date.   This  Act  takes effect
 2    January 1, 2000.

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