Bill Text: IL HB3764 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3764 Detail]

Download: Illinois-2023-HB3764-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3764 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
725 ILCS 5/104-17 from Ch. 38, par. 104-17
Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.
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A BILL FOR
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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 Section 104-17 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 pretrial release or on his own recognizance, the court
shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis. The court shall order that
the placement be on an outpatient basis unless the court
determines: (1) that outpatient treatment will not provide
reasonable assurances for the safety of the defendant and
others or provide reasonable assurances that the defendant can
be restored to fitness on an outpatient basis, or (2) that
clinically appropriate outpatient treatment is not accessible,
or optimal, due to cost, waiting lists, treatment limits or
other barriers. If the court determines that placement on an
outpatient basis is not appropriate (b) If the defendant's
disability is mental, the court shall may order the defendant

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him placed for secure treatment in the custody 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 or her placed in the custody of any
other appropriate public or private inpatient mental health
facility or treatment program which has agreed to provide
treatment to the defendant. Unless there are no beds available
in a State-operated facility, the defendant shall be placed in
such a facility. If the court determines that placement on an
outpatient basis is appropriate, the court shall order the
defendant placed in the custody of any appropriate public or
private outpatient treatment program which has been approved
by the Department of Human Services and has agreed to provide
treatment to the defendant.
(b) If the defendant is in custody and If the most serious
charge faced by the defendant is a misdemeanor, the court
shall order outpatient treatment, unless the court finds good
cause on the record to order inpatient treatment. If the court
orders the defendant to inpatient treatment in the custody of
the Department of Human Services, the Department shall
evaluate the defendant to determine the most appropriate
secure facility to receive the defendant and, within 20 days
of the transmittal by the clerk of the circuit court of the
court's placement order, notify the court of the designated
facility to receive the defendant. The Department shall admit
the defendant to a secure facility within 60 days of the

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transmittal of the court's placement order, unless the
Department can demonstrate good faith efforts at placement and
a lack of bed and placement availability. If placement cannot
be made within 60 days of the transmittal of the court's
placement order and the Department has demonstrated good faith
efforts at placement and a lack of bed and placement
availability, the Department shall provide an update to the
ordering court every 30 days until the defendant is placed.
Once bed and placement availability is determined, the
Department shall notify the sheriff who shall promptly
transport the defendant to the designated facility. 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 bed and
placement availability at the designated facility, the
defendant shall remain in jail. If during the course of
evaluating the defendant for placement, 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, including identifying bed and
placement availability, the sheriff shall be notified and
shall transport the defendant to the designated facility. If,
within 60 days of the transmittal by the clerk of the circuit

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court of the court's placement order, the Department fails to
provide the sheriff with notice of bed and placement
availability at the designated facility, the sheriff shall
contact the Department to inquire about when a placement will
become available at the designated facility as well as bed and
placement availability at other secure facilities. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status
of the evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. If the Department determines
that a defendant, who has been placed in the Department's
custody for treatment on an inpatient basis, can be treated on
an outpatient basis, the Department shall provide written
notification to the court, the State's Attorney, and counsel
for the defendant of that determination, which notification
shall set forth in detail the basis for the Department's
determination. If the court determines: (1) that outpatient
treatment will provide reasonable assurances for the safety of
the defendant and others and provides reasonable assurances
that the defendant can be restored to fitness on an outpatient

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basis or (2) that clinically appropriate outpatient treatment
is not accessible, or optimal, due to cost, waiting lists,
treatment limits or other barriers, the court shall order the
defendant to undergo treatment on an outpatient basis as
provided in subsection (a) of this Section The placement may
be ordered either on an inpatient or an outpatient basis.
(c) If the defendant is not in custody and the court orders
the defendant placed in the custody of the Department of Human
Services, the Department shall notify the defendant of the
facility to which he or she must report and the date and time
that the defendant must report to that facility. If the
defendant fails to report to the facility, the Department
shall notify the sheriff who shall transport the defendant to
the designated facility. 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.
(c-5) If the defendant has been placed in an outpatient
treatment program, that program shall promptly notify the
court, the Department, the State's Attorney and counsel for
the defendant should the defendant fail to comply with the
provisions of the court order for treatment or should the

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defendant no longer be appropriate for outpatient fitness
restoration. If the court determines that outpatient treatment
is no longer appropriate pursuant to the standard in
subsection (a), the court shall order the defendant to receive
treatment on an inpatient basis as provided in subsection (c).
Nothing in this Section shall limit a court's contempt powers
or any other powers of a court.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order 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; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of admission to the designated
facility, the person supervising the defendant's treatment

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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. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)