SB 386 — CRIM PRO-FITNESS, INSANITY

SB0386 EngrossedEnrolled LRB095 04443 RLC 24488 b AN ACT concerning criminal law.

Upon completion of the placement process, the sheriff SB0386 EngrossedEnrolled - 2 - LRB095 04443 RLC 24488 b shall be notified and shall transport the defendant to the designated facility.

(e) Within 30 days of entry of an order to undergo treatment, the person supervising the defendant’s treatment SB0386 EngrossedEnrolled - 3 - LRB095 04443 RLC 24488 b 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 one year from the date of the finding of unfitness.

Any defendant placed in a secure setting pursuant to this Section, transported to court hearings or other necessary appointments SB0386 EngrossedEnrolled - 4 - LRB095 04443 RLC 24488 b off facility grounds by personnel of the Department of Human Services, may be placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others.

SB0386 EngrossedEnrolled - 5 - LRB095 04443 RLC 24488 b (730 ILCS 5/5-2-4) (from Ch.

(a) in need of mental health services on an inpatient SB0386 EngrossedEnrolled - 6 - LRB095 04443 RLC 24488 b basis;

If the defendant is found to be in need of mental health services, but not on an inpatient care basis, the Court shall conditionally release the defendant, under such conditions as set forth in this Section as will reasonably assure the defendant’s satisfactory SB0386 EngrossedEnrolled - 7 - LRB095 04443 RLC 24488 b progress and participation in treatment or rehabilitation and the safety of the defendant and others.

The Court shall SB0386 EngrossedEnrolled - 8 - LRB095 04443 RLC 24488 b consider such terms and conditions which may include, but need not be limited to, outpatient care, alcoholic and drug rehabilitation programs, community adjustment programs, individual, group, family, and chemotherapy, random testing to ensure the defendant’s timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state, and periodic checks with the legal authorities and/or the Department of Human Services.

Whenever a person is conditionally released pursuant to this Section, the State’s Attorney for the county in which the hearing is held shall designate in writing the name, telephone number, and address of a person employed by him or her who shall be notified in the event that either the reporting agency or the Department decides SB0386 EngrossedEnrolled - 9 - LRB095 04443 RLC 24488 b that the conditional release of the defendant should be revoked or modified pursuant to subsection (i) of this Section.

However the extension provisions of Public Act 83-1449 apply only to defendants charged with a SB0386 EngrossedEnrolled - 10 - LRB095 04443 RLC 24488 b forcible felony.

During this period of time, the defendant shall not be permitted to be in the community in any manner, including but not limited to off-grounds SB0386 EngrossedEnrolled - 11 - LRB095 04443 RLC 24488 b privileges, with or without escort by personnel of the Department of Human Services, unsupervised on-grounds privileges, discharge or conditional or temporary release, except by a plan as provided in this Section.

The report may also include unsupervised on-grounds privileges, off-grounds privileges SB0386 EngrossedEnrolled - 12 - LRB095 04443 RLC 24488 b (with or without escort by personnel of the Department of Human Services), home visits and participation in work programs, but only where such privileges have been approved by specific court order, which order may include such conditions on the defendant as the Court may deem appropriate and necessary to reasonably assure the defendant’s satisfactory progress in treatment and the safety of the defendant and others.

and (2) the defendant may be conditionally released SB0386 EngrossedEnrolled - 13 - LRB095 04443 RLC 24488 b because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services;

or SB0386 EngrossedEnrolled - 14 - LRB095 04443 RLC 24488 b (v) no longer requires placement in a secure setting.

The burden of proof and the burden of SB0386 EngrossedEnrolled - 15 - LRB095 04443 RLC 24488 b going forth with the evidence rest with the defendant or any person on the defendant’s behalf when a hearing is held to review a petition filed by or on behalf of the defendant.

SB0386 EngrossedEnrolled - 16 - LRB095 04443 RLC 24488 b (10) any family participation or involvement expected upon release and what is the willingness and ability of the family to participate or be involved;

If the SB0386 EngrossedEnrolled - 17 - LRB095 04443 RLC 24488 b Court finds consistent with the provisions in this Section that the defendant is in need of mental health services on an inpatient basis, it shall order the facility director not to discharge or release the defendant in accordance with paragraph (b) of this Section.

If the defendant is remanded to the SB0386 EngrossedEnrolled - 18 - LRB095 04443 RLC 24488 b Department of Human Services, he or she shall be placed in a secure setting unless the Court determines that there are compelling reasons that such placement is not necessary.

(m) The Clerk of the Court shall, after the entry of an order of transfer to a non-secure setting of the Department of Human Services or discharge or conditional release, transmit a certified copy of the order to the Department of Human SB0386 EngrossedEnrolled - 19 - LRB095 04443 RLC 24488 b Services, and the sheriff of the county from which the defendant was admitted.