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91_SB0849ham001
LRB9106073SMdvam02
1 AMENDMENT TO SENATE BILL 849
2 AMENDMENT NO. . Amend Senate Bill 849 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Mental Health and Developmental
5 Disabilities Code is amended by changing Section 3-814 and by
6 adding Section 1-101.2 as follows:
7 (405 ILCS 5/1-101.2 new)
8 Sec. 1-101.2. "Adequate and humane 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 or services reasonably
13 calculated to prevent further decline in the clinical
14 condition of a recipient of services so that he or she does
15 not present an imminent danger to self or others.
16 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
17 Sec. 3-814. Treatment plan.
18 (a) Not more than 30 days after admission under this
19 Article, the facility director shall file with the court a
20 current treatment plan with the court which shall include:
21 all the requirements listed in Section 3-209, includes an
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1 evaluation of the recipient's progress and the extent to
2 which he is benefiting from treatment, the criteria which
3 form the basis for the determination that the patient is
4 subject to involuntary admission as defined in Section 1-119,
5 and the specific behaviors or conditions that demonstrate
6 that the recipient meets these criteria for continued
7 confinement. If the facility director is unable to determine
8 any of the required information, the treatment plan shall
9 include an explanation of why the facility director is unable
10 to make this determination, what the facility director is
11 doing to enable himself or herself to determine the
12 information, and the date by which the facility director
13 expects to be able to make this determination. The facility
14 director shall forward a copy of the plan to the State's
15 Attorney, the recipient's attorney, if the recipient is
16 represented by counsel, the recipient, and any guardian of
17 the recipient.
18 (b) The purpose of the filing, forwarding, and review of
19 treatment plans and treatment is to ensure that the recipient
20 is receiving adequate and humane care and services as defined
21 in Section 1-101.2 and to ensure that the recipient continues
22 to meet the standards for involuntary confinement.
23 (c) On request of the recipient or an interested person
24 on his behalf, or on the court's own initiative, the court
25 shall review the current treatment plan to determine whether
26 its contents comply with the requirements of this Section and
27 Section 3-209. A request to review the current treatment plan
28 may be made by the recipient, or by an interested person on
29 his behalf, 30 days after initial commitment under Section
30 3-813, 90 days after the initial commitment, and 90 days
31 after each additional period of commitment under subsection
32 (b) of Section 3-813. If the court determines that any of the
33 information required by this Section or Section 3-209 to be
34 included in the treatment plan is not in the treatment plan
-3- LRB9106073SMdvam02
1 or that the treatment plan does not contain information from
2 which the court can determine whether the recipient continues
3 to meet the criteria for continued confinement, the court
4 shall indicate what is lacking and order the facility
5 director to revise the current treatment plan to comply with
6 this Section and Section 3-209. If the recipient has been
7 ordered committed to the facility after he has been found not
8 guilty by reason of insanity, the treatment plan and its
9 review shall be subject to the provisions of Section 5-2-4 of
10 the Unified Code of Corrections.
11 (d) The recipient or an interested person on his or her
12 behalf may request a hearing or the court on its own motion
13 may order a hearing to review the treatment being received by
14 the recipient. The court, the recipient, or the State's
15 Attorney may call witnesses at the hearing. The court may
16 order any public agency, officer, or employee to render such
17 information, cooperation, and assistance as is within its
18 legal authority and as may be appropriate to achieve the
19 objectives of this Section. The court may order an
20 independent examination on its own initiative and shall order
21 such an evaluation if either the recipient or the State's
22 Attorney so requests and has demonstrated to the court that
23 the plan cannot be effectively reviewed by the court without
24 such an examination. Under no circumstances shall the court
25 be required to order an independent examination pursuant to
26 this Section more than once each year. The examination shall
27 be conducted by persons authorized to conduct independent
28 examinations under Section 3-804 recipient or an interested
29 person on his behalf may request a hearing or the court on
30 its own motion may order a hearing to review the treatment
31 plan. If the court is satisfied that the recipient is
32 benefiting from treatment, it may continue the original order
33 for the remainder of the admission period. If the court is
34 not so satisfied, it may modify its original order or it may
-4- LRB9106073SMdvam02
1 order the recipient discharged.
2 (e) In lieu of a treatment plan, the facility director
3 may file a typed summary of the treatment plan which contains
4 the information required under Section 3-209 and subsection
5 (a) of this Section.
6 (Source: P.A. 88-380.)
7 Section 10. The Code of Criminal Procedure of 1963 is
8 amended by changing Section 104-25 as follows:
9 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
10 Sec. 104-25. Discharge hearing.
11 (a) As provided for in paragraph (a) of Section 104-23
12 and subparagraph (1) of paragraph (b) of Section 104-23 a
13 hearing to determine the sufficiency of the evidence shall be
14 held. Such hearing shall be conducted by the court without a
15 jury. The State and the defendant may introduce evidence
16 relevant to the question of defendant's guilt of the crime
17 charged.
18 The court may admit hearsay or affidavit evidence on
19 secondary matters such as testimony to establish the chain of
20 possession of physical evidence, laboratory reports,
21 authentication of transcripts taken by official reporters,
22 court and business records, and public documents.
23 (b) If the evidence does not prove the defendant guilty
24 beyond a reasonable doubt, the court shall enter a judgment
25 of acquittal; however nothing herein shall prevent the State
26 from requesting the court to commit the defendant to the
27 Department of Human Services under the provisions of the
28 Mental Health and Developmental Disabilities Code.
29 (c) If the defendant is found not guilty by reason of
30 insanity, the court shall enter a judgment of acquittal and
31 the proceedings after acquittal by reason of insanity under
32 Section 5-2-4 of the Unified Code of Corrections shall apply.
-5- LRB9106073SMdvam02
1 (d) If the discharge hearing does not result in an
2 acquittal of the charge the defendant may be remanded for
3 further treatment and the one year time limit set forth in
4 Section 104-23 shall be extended as follows:
5 (1) If the most serious charge upon which the State
6 sustained its burden of proof was a Class 1 or Class X
7 felony, the treatment period may be extended up to a
8 maximum treatment period of 2 years; if a Class 2, 3, or
9 4 felony, the treatment period may be extended up to a
10 maximum of 15 months;
11 (2) If the State sustained its burden of proof on a
12 charge of first degree murder, the treatment period may
13 be extended up to a maximum treatment period of 5 years.
14 (e) Transcripts of testimony taken at a discharge
15 hearing may be admitted in evidence at a subsequent trial of
16 the case, subject to the rules of evidence, if the witness
17 who gave such testimony is legally unavailable at the time of
18 the subsequent trial.
19 (f) If the court fails to enter an order of acquittal
20 the defendant may appeal from such judgment in the same
21 manner provided for an appeal from a conviction in a criminal
22 case.
23 (g) At the expiration of an extended period of treatment
24 ordered pursuant to this Section:
25 (1) Upon a finding that the defendant is fit or can
26 be rendered fit consistent with Section 104-22, the court
27 may proceed with trial.
28 (2) If the defendant continues to be unfit to stand
29 trial, the court shall determine whether he or she is
30 subject to involuntary admission under the Mental Health
31 and Developmental Disabilities Code or constitutes a
32 serious threat to the public safety. If so found, the
33 defendant shall be remanded to the Department of Human
34 Services for further treatment and shall be treated in
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1 the same manner as a civilly committed patient for all
2 purposes, except that the original court having
3 jurisdiction over the defendant shall be required to
4 approve any conditional release or discharge of the
5 defendant, for the period of commitment equal to the
6 maximum sentence to which the defendant would have been
7 subject had he or she been convicted in a criminal
8 proceeding. During this period of commitment, the
9 original court having jurisdiction over the defendant
10 shall hold hearings under clause (i) of this paragraph
11 (2). However, if the defendant is remanded to the
12 Department of Human Services, the defendant shall be
13 placed in a secure setting unless the court determines
14 that there are compelling reasons why such placement is
15 not necessary.
16 If the defendant does not have a current treatment
17 plan, then within 3 days of admission under this
18 subdivision (g)(2), a treatment plan shall be prepared
19 for each defendant and entered into his or her record.
20 The plan shall include (i) an assessment of the
21 defendant's treatment needs, (ii) a description of the
22 services recommended for treatment, (iii) the goals of
23 each type of element of service, (iv) an anticipated
24 timetable for the accomplishment of the goals, and (v) a
25 designation of the qualified professional responsible for
26 the implementation of the plan. The plan shall be
27 reviewed and updated as the clinical condition warrants,
28 but not less than every 30 days.
29 Every 90 days after the initial admission under this
30 subdivision (g)(2), the facility director shall file a
31 typed treatment plan report with the original court
32 having jurisdiction over the defendant. The report shall
33 include an opinion as to whether the defendant is fit to
34 stand trial and whether the defendant is currently
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1 subject to involuntary admission, in need of mental
2 health services on an inpatient basis, or in need of
3 mental health services on an outpatient basis. The
4 report shall also summarize the basis for those findings
5 and provide a current summary of the 5 items required in
6 a treatment plan. A copy of the report shall be
7 forwarded to the clerk of the court, the State's
8 Attorney, and the defendant's attorney if the defendant
9 is represented by counsel.
10 The court on its own motion may order a hearing to
11 review the treatment plan. The defendant or the State's
12 Attorney may request a treatment plan review every 90
13 days and the court shall review the current treatment
14 plan to determine whether the plan complies with the
15 requirements of this Section. The court may order an
16 independent examination on its own initiative and shall
17 order such an evaluation if either the recipient or the
18 State's Attorney so requests and has demonstrated to the
19 court that the plan cannot be effectively reviewed by the
20 court without such an examination. Under no
21 circumstances shall the court be required to order an
22 independent examination pursuant to this Section more
23 than once each year. The examination shall be conducted
24 by a psychiatrist or clinical psychologist as defined in
25 Section 1-103 of the Mental Health and Developmental
26 Disabilities Code who is not in the employ of the
27 Department of Human Services.
28 If, during the period within which the defendant is
29 confined in a secure setting, the court enters an order
30 that requires the defendant to appear, the court shall
31 timely transmit a copy of the order or writ to the
32 director of the particular Department of Human Services
33 facility where the defendant resides authorizing the
34 transportation of the defendant to the court for the
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1 purpose of the hearing.
2 (i) 180 days after a defendant is remanded to
3 the Department of Human Services, under paragraph
4 (2), and every 180 days thereafter for so long as
5 the defendant is confined under the order entered
6 thereunder, the facility director shall file a
7 treatment plan with the original court having
8 jurisdiction over the defendant. The plan shall
9 include an evaluation of the defendant's progress
10 and the extent to which he or she is benefitting
11 from treatment and an opinion as to whether the
12 defendant is currently subject to involuntary
13 admission or in need of mental health services on an
14 inpatient basis or in need of mental health services
15 on an outpatient basis. A copy of the report shall
16 be forwarded by the facility director to the clerk
17 of the court, State's Attorney and the defendant's
18 attorney if the defendant is represented by counsel.
19 Within 30 days of the receipt of the report by the
20 court, the court shall set a hearing and shall
21 direct that notice of the time and place of the
22 hearing be served upon the defendant, the facility
23 director, the State's Attorney, and the defendant's
24 attorney. If requested by either the State or the
25 defense or if the court determines that it is
26 appropriate, an impartial examination of the
27 defendant by a psychiatrist or clinical psychologist
28 as defined in Section 1-103 of the Mental Health and
29 Developmental Disabilities Code who is not in the
30 employ of the Department of Human Services shall be
31 ordered, and the report considered at the time of
32 the hearing. If the defendant is not currently
33 represented by counsel the court shall appoint the
34 public defender to represent the defendant at the
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1 hearing. The court shall make a finding as to
2 whether the defendant is:
3 (A) subject to involuntary admission; or
4 (B) in need of mental health services in
5 the form of inpatient care; or
6 (C) in need of mental health services but
7 not subject to involuntary admission nor
8 inpatient care.
9 The findings of the court shall be established by
10 clear and convincing evidence and the burden of
11 proof and the burden of going forward with the
12 evidence shall rest with the State's Attorney. Upon
13 finding by the court, the court shall enter its
14 findings and an appropriate order.
15 (ii) The terms "subject to involuntary
16 admission", "in need of mental health services in
17 the form of inpatient care" and "in need of mental
18 health services but not subject to involuntary
19 admission nor inpatient care" shall have the
20 meanings ascribed to them in clause (d)(3) of
21 Section 5-2-4 of the Unified Code of Corrections.
22 (3) If the defendant is not committed pursuant to
23 this Section, he or she shall be released.
24 (4) In no event may the treatment period be
25 extended to exceed the maximum sentence to which a
26 defendant would have been subject had he or she been
27 convicted in a criminal proceeding. For purposes of this
28 Section, the maximum sentence shall be determined by
29 Section 5-8-1 of the "Unified Code of Corrections",
30 excluding any sentence of natural life.
31 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
32 Section 15. The Unified Code of Corrections is amended
33 by changing Section 5-2-4 as follows:
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1 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
2 Sec. 5-2-4. Proceedings after Acquittal by Reason of
3 Insanity.
4 (a) After a finding or verdict of not guilty by reason
5 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
6 of Criminal Procedure of 1963, the defendant shall be ordered
7 to the Department of Human Services for an evaluation as to
8 whether he is subject to involuntary admission or in need of
9 mental health services. The order shall specify whether the
10 evaluation shall be conducted on an inpatient or outpatient
11 basis. If the evaluation is to be conducted on an inpatient
12 basis, the defendant shall be placed in a secure setting
13 unless the Court determines that there are compelling reasons
14 why such placement is not necessary. After the evaluation and
15 during the period of time required to determine the
16 appropriate placement, the defendant shall remain in jail.
17 Upon completion of the placement process the sheriff shall
18 be notified and shall transport the defendant to the
19 designated facility.
20 The Department shall provide the Court with a report of
21 its evaluation within 30 days of the date of this order. The
22 Court shall hold a hearing as provided under the Mental
23 Health and Developmental Disabilities Code to determine if
24 the individual is: (a) subject to involuntary admission; (b)
25 in need of mental health services on an inpatient basis; (c)
26 in need of mental health services on an outpatient basis; (d)
27 a person not in need of mental health services. The Court
28 shall enter its findings.
29 If the defendant is found to be subject to involuntary
30 admission or in need of mental health services on an
31 inpatient care basis, the Court shall order the defendant to
32 the Department of Human Services. The defendant shall be
33 placed in a secure setting unless the Court determines that
34 there are compelling reasons why such placement is not
-11- LRB9106073SMdvam02
1 necessary. Such defendants placed in a secure setting shall
2 not be permitted outside the facility's housing unit unless
3 escorted or accompanied by personnel of the Department of
4 Human Services or with the prior approval of the Court for
5 unsupervised on-grounds privileges as provided herein. Any
6 defendant placed in a secure setting pursuant to this
7 Section, transported to court hearings or other necessary
8 appointments off facility grounds by personnel of the
9 Department of Human Services, may be placed in security
10 devices or otherwise secured during the period of
11 transportation to assure secure transport of the defendant
12 and the safety of Department of Human Services personnel and
13 others. These security measures shall not constitute
14 restraint as defined in the Mental Health and Developmental
15 Disabilities Code. If the defendant is found to be in need
16 of mental health services, but not on an inpatient care
17 basis, the Court shall conditionally release the defendant,
18 under such conditions as set forth in this Section as will
19 reasonably assure the defendant's satisfactory progress in
20 treatment or rehabilitation and the safety of the defendant
21 or others. If the Court finds the person not in need of
22 mental health services, then the Court shall order the
23 defendant discharged from custody.
24 (1) Definitions: For the purposes of this Section:
25 (A) "Subject to involuntary admission" means: a
26 defendant has been found not guilty by reason of
27 insanity; and
28 (i) who is mentally ill and who because of his
29 mental illness is reasonably expected to inflict
30 serious physical harm upon himself or another in the
31 near future; or
32 (ii) who is mentally ill and who because of
33 his illness is unable to provide for his basic
34 physical needs so as to guard himself from serious
-12- LRB9106073SMdvam02
1 harm.
2 (B) "In need of mental health services on an
3 inpatient basis" means: a defendant who has been found
4 not guilty by reason of insanity who is not subject to
5 involuntary admission but who is reasonably expected to
6 inflict serious physical harm upon himself or another and
7 who would benefit from inpatient care or is in need of
8 inpatient care.
9 (C) "In need of mental health services on an
10 outpatient basis" means: a defendant who has been found
11 not guilty by reason of insanity who is not subject to
12 involuntary admission or in need of mental health
13 services on an inpatient basis, but is in need of
14 outpatient care, drug and/or alcohol rehabilitation
15 programs, community adjustment programs, individual,
16 group, or family therapy, or chemotherapy.
17 (D) "Conditional Release" means: the release from
18 either the custody of the Department of Human Services or
19 the custody of the Court of a person who has been found
20 not guilty by reason of insanity under such conditions as
21 the Court may impose which reasonably assure the
22 defendant's satisfactory progress in treatment or
23 habilitation and the safety of the defendant and others.
24 The Court shall consider such terms and conditions which
25 may include, but need not be limited to, outpatient care,
26 alcoholic and drug rehabilitation programs, community
27 adjustment programs, individual, group, family, and
28 chemotherapy, periodic checks with the legal authorities
29 and/or the Department of Human Services. The person or
30 facility rendering the outpatient care shall be required
31 to periodically report to the Court on the progress of
32 the defendant. Such conditional release shall be for a
33 period of five years, unless the defendant, the person or
34 facility rendering the treatment, therapy, program or
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1 outpatient care, or the State's Attorney petitions the
2 Court for an extension of the conditional release period
3 for an additional three years. Upon receipt of such a
4 petition, the Court shall hold a hearing consistent with
5 the provisions of this paragraph (a) and paragraph (f) of
6 this Section, shall determine whether the defendant
7 should continue to be subject to the terms of conditional
8 release, and shall enter an order either extending the
9 defendant's period of conditional release for a single
10 additional three year period or discharging the
11 defendant. In no event shall the defendant's period of
12 conditional release exceed eight years. These provisions
13 for extension of conditional release shall only apply to
14 defendants conditionally released on or after July 1,
15 1979. However the extension provisions of Public Act
16 83-1449 apply only to defendants charged with a forcible
17 felony.
18 (E) "Facility director" means the chief officer of
19 a mental health or developmental disabilities facility or
20 his or her designee or the supervisor of a program of
21 treatment or habilitation or his or her designee.
22 "Designee" may include a physician, clinical
23 psychologist, social worker, or nurse.
24 (b) If the Court finds the defendant subject to
25 involuntary admission or in need of mental health services on
26 an inpatient basis, the admission, detention, care, treatment
27 or habilitation, treatment plans, review proceedings,
28 including review of treatment and treatment plans, and
29 discharge of the defendant after such order shall be under
30 the Mental Health and Developmental Disabilities Code, except
31 that the initial order for admission of a defendant acquitted
32 of a felony by reason of insanity shall be for an indefinite
33 period of time. Such period of commitment shall not exceed
34 the maximum length of time that the defendant would have been
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1 required to serve, less credit for good behavior, before
2 becoming eligible for release had he been convicted of and
3 received the maximum sentence for the most serious crime for
4 which he has been acquitted by reason of insanity. The Court
5 shall determine the maximum period of commitment by an
6 appropriate order. During this period of time, the defendant
7 shall not be permitted to be in the community in any manner,
8 including but not limited to off-grounds privileges, with or
9 without escort by personnel of the Department of Human
10 Services, unsupervised on-grounds privileges, discharge or
11 conditional or temporary release, except by a plan as
12 provided in this Section. In no event shall a defendant's
13 continued unauthorized absence be a basis for discharge. Not
14 more than 30 days after admission and every 60 days
15 thereafter so long as the initial order remains in effect,
16 the facility director shall file a treatment plan report with
17 the court and forward a copy of the treatment plan report to
18 the clerk of the court, the State's Attorney, and the
19 defendant's attorney, if the defendant is represented by
20 counsel, or to a person authorized by the defendant under the
21 Mental Health and Developmental Disabilities Confidentiality
22 Act to be sent a copy of the report. The report Such plan
23 shall include an opinion as to whether the defendant is
24 currently subject to involuntary admission, in need of mental
25 health services on an inpatient basis, or in need of mental
26 health services on an outpatient basis. The report shall
27 also summarize the basis for those findings and provide a
28 current summary of the following items from the treatment
29 plan: (1) an assessment of the defendant's treatment needs,
30 (2) a description of the services recommended for treatment,
31 (3) the goals of each type of element of service, (4) an
32 anticipated timetable for the accomplishment of the goals,
33 and (5) a designation of the qualified professional
34 responsible for the implementation of the plan an evaluation
-15- LRB9106073SMdvam02
1 of the defendant's progress and the extent to which he is
2 benefiting from treatment. The report Such plan may also
3 include unsupervised on-grounds privileges, off-grounds
4 privileges (with or without escort by personnel of the
5 Department of Human Services), home visits and participation
6 in work programs, but only where such privileges have been
7 approved by specific court order, which order may include
8 such conditions on the defendant as the Court may deem
9 appropriate and necessary to reasonably assure the
10 defendant's satisfactory progress in treatment and the safety
11 of the defendant and others.
12 (c) Every defendant acquitted of a felony by reason of
13 insanity and subsequently found to be subject to involuntary
14 admission or in need of mental health services shall be
15 represented by counsel in all proceedings under this Section
16 and under the Mental Health and Developmental Disabilities
17 Code.
18 (1) The Court shall appoint as counsel the public
19 defender or an attorney licensed by this State.
20 (2) Upon filing with the Court of a verified
21 statement of legal services rendered by the private
22 attorney appointed pursuant to paragraph (1) of this
23 subsection, the Court shall determine a reasonable fee
24 for such services. If the defendant is unable to pay the
25 fee, the Court shall enter an order upon the State to pay
26 the entire fee or such amount as the defendant is unable
27 to pay from funds appropriated by the General Assembly
28 for that purpose.
29 (d) When the facility director determines that:
30 (1) the defendant is no longer subject to
31 involuntary admission or in need of mental health
32 services on an inpatient basis; and
33 (2) the defendant may be conditionally released
34 because he or she is still in need of mental health
-16- LRB9106073SMdvam02
1 services or that the defendant may be discharged as not
2 in need of any mental health services; or
3 (3) the defendant no longer requires placement in a
4 secure setting;
5 the facility director shall give written notice to the Court,
6 State's Attorney and defense attorney. Such notice shall set
7 forth in detail the basis for the recommendation of the
8 facility director, and specify clearly the recommendations,
9 if any, of the facility director, concerning conditional
10 release. Within 30 days of the notification by the facility
11 director, the Court shall set a hearing and make a finding as
12 to whether the defendant is:
13 (i) subject to involuntary admission; or
14 (ii) in need of mental health services in the form
15 of inpatient care; or
16 (iii) in need of mental health services but not
17 subject to involuntary admission or inpatient care; or
18 (iv) no longer in need of mental health services;
19 or
20 (v) no longer requires placement in a secure
21 setting.
22 Upon finding by the Court, the Court shall enter its
23 findings and such appropriate order as provided in subsection
24 (a) of this Section.
25 (e) A defendant admitted pursuant to this Section, or
26 any person on his behalf, may file a petition for treatment
27 plan review, transfer to a non-secure setting within the
28 Department of Human Services or discharge or conditional
29 release under the standards of this Section in the Court
30 which rendered the verdict. Upon receipt of a petition for
31 treatment plan review, transfer to a non-secure setting or
32 discharge or conditional release, the Court shall set a
33 hearing to be held within 120 days. Thereafter, no new
34 petition may be filed for 120 days without leave of the
-17- LRB9106073SMdvam02
1 Court.
2 (f) The Court shall direct that notice of the time and
3 place of the hearing be served upon the defendant, the
4 facility director, the State's Attorney, and the defendant's
5 attorney. If requested by either the State or the defense or
6 if the Court feels it is appropriate, an impartial
7 examination of the defendant by a psychiatrist or clinical
8 psychologist as defined in Section 1-103 of the Mental Health
9 and Developmental Disabilities Code who is not in the employ
10 of the Department of Human Services shall be ordered, and the
11 report considered at the time of the hearing.
12 (g) The findings of the Court shall be established by
13 clear and convincing evidence. The burden of proof and the
14 burden of going forth with the evidence rest with the State
15 when a hearing is held to review the determination of the
16 facility director that the defendant should be transferred to
17 a non-secure setting, discharged or conditionally released.
18 The burden of proof and the burden of going forth with the
19 evidence rest on the defendant when a hearing is held to
20 review a petition filed by or on behalf of such defendant.
21 The evidence shall be presented in open Court with the right
22 of confrontation and cross-examination.
23 (h) If the Court finds that the defendant is no longer
24 in need of mental health services it shall order the facility
25 director to discharge the defendant. If the Court finds that
26 the defendant is in need of mental health services, and no
27 longer in need of inpatient care, it shall order the facility
28 director to release the defendant under such conditions as
29 the Court deems appropriate and as provided by this Section.
30 Such conditional release shall be imposed for a period of
31 five years and shall be subject to later modification by the
32 Court as provided by this Section. If the Court finds that
33 the defendant is subject to involuntary admission or in need
34 of mental health services on an inpatient basis, it shall
-18- LRB9106073SMdvam02
1 order the facility director not to discharge or release the
2 defendant in accordance with paragraph (b) of this Section.
3 (i) If within the period of the defendant's conditional
4 release, the Court determines, after hearing evidence, that
5 the defendant has not fulfilled the conditions of release,
6 the Court shall order a hearing to be held consistent with
7 the provisions of paragraph (f) and (g) of this Section. At
8 such hearing, if the Court finds that the defendant is
9 subject to involuntary admission or in need of mental health
10 services on an inpatient basis, it shall enter an order
11 remanding him or her to the Department of Human Services or
12 other facility. If the defendant is remanded to the
13 Department of Human Services, he or she shall be placed in a
14 secure setting unless the Court determines that there are
15 compelling reasons that such placement is not necessary. If
16 the Court finds that the defendant continues to be in need
17 of mental health services but not on an inpatient basis, it
18 may modify the conditions of the original release in order to
19 reasonably assure the defendant's satisfactory progress in
20 treatment and his or her safety and the safety of others. In
21 no event shall such conditional release be longer than eight
22 years. Nothing in this Section shall limit a Court's contempt
23 powers or any other powers of a Court.
24 (j) An order of admission under this Section does not
25 affect the remedy of habeas corpus.
26 (k) In the event of a conflict between this Section and
27 the Mental Health and Developmental Disabilities Code or the
28 Mental Health and Developmental Disabilities Confidentiality
29 Act, the provisions of this Section shall govern.
30 (l) This amendatory Act shall apply to all persons who
31 have been found not guilty by reason of insanity and who are
32 presently committed to the Department of Mental Health and
33 Developmental Disabilities (now the Department of Human
34 Services).
-19- LRB9106073SMdvam02
1 (m) The Clerk of the Court shall, after the entry of an
2 order of transfer to a non-secure setting of the Department
3 of Human Services or discharge or conditional release,
4 transmit a certified copy of the order to the Department of
5 Human Services, and the sheriff of the county from which the
6 defendant was admitted. In cases where the arrest of the
7 defendant or the commission of the offense took place in any
8 municipality with a population of more than 25,000 persons,
9 the Clerk of the Court shall also transmit a certified copy
10 of the order of discharge or conditional release to the
11 proper law enforcement agency for said municipality provided
12 the municipality has requested such notice in writing.
13 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
14 90-105, eff. 7-11-97; 90-593, eff. 6-19-98.)
15 Section 99. Effective date. This Act takes effect
16 January 1, 2000.".