Public Act 099-0140

SB1938 Enrolled LRB099 09944 RLC 30162 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is

amended by changing Sections 104-17 and 104-20 as follows:

(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

Sec. 104-17. Commitment for Treatment; Treatment Plan.

(a) If the defendant is eligible to be or has been released

on bail or on his own recognizance, the court shall select the

least physically restrictive form of treatment therapeutically

appropriate and consistent with the treatment plan.

(b) If the defendant's disability is mental, the court may

order him placed for treatment in the custody of the Department

of Human Services, or the court may order him placed in the

custody of any other appropriate public or private mental

health facility or treatment program which has agreed to

provide treatment to the defendant. If the defendant is placed

in the custody of the Department of Human Services, the

defendant shall be placed in a secure setting. During the

period of time required to determine the appropriate placement

the defendant shall remain in jail. If upon the completion of

the placement process the Department of Human Services

determines that the defendant is currently fit to stand trial,

it shall immediately notify the court and shall submit a

written report within 7 days. In that circumstance the

placement shall be held pending a court hearing on the

Department's report. Otherwise, upon completion of the

placement process, the sheriff shall be notified and shall

transport the defendant to the designated facility. The

placement may be ordered either on an inpatient or an

outpatient basis.

(c) If the defendant's disability is physical, the court

may order him placed under the supervision of the Department of

Human Services which shall place and maintain the defendant in

a suitable treatment facility or program, or the court may

order him placed in an appropriate public or private facility

or treatment program which has agreed to provide treatment to

the defendant. The placement may be ordered either on an

inpatient or an outpatient basis.

(d) The clerk of the circuit court shall transmit to the

Department, agency or institution, if any, to which the

defendant is remanded for treatment, the following:

(1) a certified copy of the order to undergo treatment.

Accompanying the certified copy of the order to undergo

treatment shall be the complete copy of any report prepared

under Section 104-15 of this Code or other report prepared

by a forensic examiner for the court;

(2) the county and municipality in which the offense

was committed;

(3) the county and municipality in which the arrest

took place;

(4) a copy of the arrest report, criminal charges,

arrest record, jail record, and the report prepared under

Section 104-15; and

(5) all additional matters which the Court directs the

clerk to transmit.

(e) Within 30 days of entry of an order to undergo

treatment, the person supervising the defendant's treatment

shall file with the court, the State, and the defense a report

assessing the facility's or program's capacity to provide

appropriate treatment for the defendant and indicating his

opinion as to the probability of the defendant's attaining

fitness within a period of time from the date of the finding of

unfitness. For a defendant charged with a felony, the period of

time shall be one year. For a defendant charged with a

misdemeanor, the period of time shall be no longer than the

sentence if convicted of the most serious offense. If the

report indicates that there is a substantial probability that

the defendant will attain fitness within the time period, the

treatment supervisor shall also file a treatment plan which

shall include:

(1) A diagnosis of the defendant's disability;

(2) A description of treatment goals with respect to

rendering the defendant fit, a specification of the

proposed treatment modalities, and an estimated timetable

for attainment of the goals;

(3) An identification of the person in charge of

supervising the defendant's treatment.

(Source: P.A. 98-1025, eff. 8-22-14.)

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

Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)

(a) Upon entry or continuation of any order to undergo

treatment, the court shall set a date for hearing to reexamine

the issue of the defendant's fitness not more than 90 days

thereafter. In addition, whenever the court receives a report

from the supervisor of the defendant's treatment pursuant to

subparagraph (2) or (3) of paragraph (a) of Section 104-18, the

court shall forthwith set the matter for a first hearing within

14 days unless good cause is demonstrated why the hearing

cannot be held. On the date set or upon conclusion of the

matter then pending before it, the court, sitting without a

jury, shall conduct a hearing, unless waived by the defense,

and shall determine:

(1) Whether the defendant is fit to stand trial or to

plead; and if not,

(2) Whether the defendant is making progress under

treatment toward attainment of fitness within the time

period set in subsection (e) of Section 104-17 of this Code

from the date of the original finding of unfitness.

(b) If the court finds the defendant to be fit pursuant to

this Section, the court shall set the matter for trial;

provided that if the defendant is in need of continued care or

treatment and the supervisor of the defendant's treatment

agrees to continue to provide it, the court may enter any order

it deems appropriate for the continued care or treatment of the

defendant by the facility or program pending the conclusion of

the criminal proceedings.

(c) If the court finds that the defendant is still unfit

but that he is making progress toward attaining fitness, the

court may continue or modify its original treatment order

entered pursuant to Section 104-17.

(d) If the court finds that the defendant is still unfit

and that he is not making progress toward attaining fitness

such that there is not a substantial probability that he will

attain fitness within the time period set in subsection (e) of

Section 104-17 of this Code from the date of the original

finding of unfitness, the court shall proceed pursuant to

Section 104-23. However, if the defendant is in need of

continued care and treatment and the supervisor of the

defendant's treatment agrees to continue to provide it, the

court may enter any order it deems appropriate for the

continued care or treatment by the facility or program pending

the conclusion of the criminal proceedings.

(e) If the court finds that the defendant is still unfit

after being recommended as fit by the supervisor of the

defendant's treatment, the court shall attach a copy of any

written report that identifies the factors in the finding that

the defendant continues to be unfit, prepared by a licensed

physician, clinical psychologist, or psychiatrist, to the

court order remanding the person for further treatment.

(Source: P.A. 97-37, eff. 6-28-11; 98-1025, eff. 8-22-14.)