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
 


HB3764LRB103 27307 RLC 53678 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Section 104-17 as follows:



6 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)


7 Sec. 104-17. Commitment for treatment; treatment plan. 

8 (a) If the defendant
is eligible to be or has been released 
9on pretrial release or on his own recognizance,
the court 
10shall select the least physically restrictive form of 
11treatment
therapeutically appropriate and consistent with the 
12treatment plan. The placement may be ordered either on an 
13inpatient or an outpatient basis. The court shall order that 
14the placement be
on an outpatient basis unless the court 
15determines: (1) that
outpatient treatment will not provide 
16reasonable assurances
for the safety of the defendant and 
17others or provide
reasonable assurances that the defendant can 
18be restored to
fitness on an outpatient basis, or (2) that 
19clinically
appropriate outpatient treatment is not accessible, 
20or
optimal, due to cost, waiting lists, treatment limits or 
21other
barriers. If the court determines that placement on an

22outpatient basis is not appropriate (b) If the defendant's 
23disability is mental, the court shall may order the defendant 
 
 
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1him placed
for secure treatment in the custody of the 
2Department of Human Services which shall place and maintain 
3the defendant in
a suitable treatment facility or program, or 
4the court may order him or her placed in
the custody of any 
5other
appropriate public or private inpatient mental health 
6facility or treatment program
which has agreed to provide 
7treatment to the defendant. Unless there are no beds available 
8in a
State-operated facility, the defendant shall be placed in 
9such
a facility. If the court determines that placement on an

10outpatient basis is appropriate, the court shall order the

11defendant placed in the custody of any appropriate public or

12private outpatient treatment program which has been approved

13by the Department of Human Services and has agreed to provide

14treatment to the defendant. 
15 (b) If the defendant is in custody and If the most serious 
16charge faced by the defendant is a misdemeanor, the court 
17shall order outpatient treatment, unless the court finds good 
18cause on the record to order inpatient treatment. If the court 
19orders the defendant to inpatient treatment in the custody of 
20the Department of Human Services, the Department shall 
21evaluate the defendant to determine the most appropriate 
22secure facility to receive the defendant and, within 20 days 
23of the transmittal by the clerk of the circuit court of the 
24court's placement order, notify the court of the designated 
25facility to receive the defendant. The Department shall admit 
26the defendant to a secure facility within 60 days of the 
 
 
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1transmittal of the court's placement order, unless the 
2Department can demonstrate good faith efforts at placement and 
3a lack of bed and placement availability. If placement cannot 
4be made within 60 days of the transmittal of the court's 
5placement order and the Department has demonstrated good faith 
6efforts at placement and a lack of bed and placement 
7availability, the Department shall provide an update to the 
8ordering court every 30 days until the defendant is placed. 
9Once bed and placement availability is determined, the 
10Department shall notify the sheriff who shall promptly 
11transport the defendant to the designated facility. If the 
12defendant
is placed in the custody of the Department of Human 
13Services, the defendant shall be placed in a
secure setting. 
14During
the period of time required to determine bed and 
15placement availability at the designated facility, the

16defendant shall remain in jail. If during the course of 
17evaluating the defendant for placement, the Department of 
18Human Services determines that the defendant is currently fit 
19to stand trial, it shall immediately notify the court and 
20shall submit a written report within 7 days. In that 
21circumstance the placement shall be held pending a court 
22hearing on the Department's report. Otherwise, upon completion 
23of the placement process, including identifying bed and 
24placement availability, the
sheriff shall be notified and 
25shall transport the defendant to the designated
facility. If, 
26within 60 days of the transmittal by the clerk of the circuit 
 
 
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1court of the court's placement order, the Department fails to 
2provide the sheriff with notice of bed and placement 
3availability at the designated facility, the sheriff shall 
4contact the Department to inquire about when a placement will 
5become available at the designated facility as well as bed and 
6placement availability at other secure facilities. The 
7Department shall respond to the sheriff within 2 business days 
8of the notice and inquiry by the sheriff seeking the transfer 
9and the Department shall provide the sheriff with the status 
10of the evaluation, information on bed and placement 
11availability, and an estimated date of admission for the 
12defendant and any changes to that estimated date of admission. 
13If the Department notifies the sheriff during the 2 business 
14day period of a facility operated by the Department with 
15placement availability, the sheriff shall promptly transport 
16the defendant to that facility. If the Department determines

17that a defendant, who has been placed in the Department's

18custody for treatment on an inpatient basis, can be treated on

19an outpatient basis, the Department shall provide written

20notification to the court, the State's Attorney, and counsel

21for the defendant of that determination, which notification 
22shall
set forth in detail the basis for the Department's

23determination. If the court determines: (1) that outpatient

24treatment will provide reasonable assurances for the safety of 
25the defendant and others and provides reasonable assurances

26that the defendant can be restored to fitness on an outpatient

 
 
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1basis or (2) that clinically appropriate outpatient treatment

2is not accessible, or optimal, due to cost, waiting lists,

3treatment limits or other barriers, the court shall order the

4defendant to undergo treatment on an outpatient basis as

5provided in subsection (a) of this Section The placement may 
6be ordered either on an inpatient or an outpatient
basis.

7 (c) If the defendant is not in custody and the court orders 
8the defendant placed in the custody of the Department of Human

9Services, the Department shall notify the defendant of the

10facility to which he or she must report and the date and time

11that the defendant must report to that facility. If the

12defendant fails to report to the facility, the Department

13shall notify the sheriff who shall transport the defendant to

14the designated facility. If the defendant's disability is 
15physical, the court may order him
placed under the supervision 
16of the Department of Human
Services
which shall place and 
17maintain the defendant in a suitable treatment facility
or 
18program, or the court may order him placed in an appropriate 
19public or
private facility or treatment program which has 
20agreed to provide treatment
to the defendant. The placement 
21may be ordered either on an inpatient or
an outpatient basis.

22 (c-5) If the defendant has been placed in an outpatient

23treatment program, that program shall promptly notify the

24court, the Department, the State's Attorney and counsel for

25the defendant should the defendant fail to comply with the

26provisions of the court order for treatment or should the

 
 
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1defendant no longer be appropriate for outpatient fitness

2restoration. If the court determines that outpatient treatment

3is no longer appropriate pursuant to the standard in

4subsection (a), the court shall order the defendant to receive

5treatment on an inpatient basis as provided in subsection (c). 
6Nothing in this Section shall limit a court's contempt powers

7or any other powers of a court. 
8 (d) The clerk of the circuit court shall within 5 days of 
9the entry of the order transmit to the Department, agency
or 
10institution, if any, to which the defendant is remanded for 
11treatment, the
following:

12  (1) a certified copy of the order to undergo 
13 treatment. Accompanying the certified copy of the order to 
14 undergo treatment shall be the complete copy of any report 
15 prepared under Section 104-15 of this Code or other report 
16 prepared by a forensic examiner for the court;

17  (2) the county and municipality in which the offense 
18 was committed;

19  (3) the county and municipality in which the arrest 
20 took place;
21  (4) a copy of the arrest report, criminal charges, 
22 arrest record; and


23  (5) all additional matters which the Court directs the 
24 clerk to transmit.

25 (e) Within 30 days of admission to the designated 
26facility, the person
supervising the defendant's treatment 
 
 
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1shall file with the court, the State,
and the defense a report 
2assessing the facility's or program's capacity
to provide 
3appropriate treatment for the defendant and indicating his 
4opinion
as to the probability of the defendant's attaining 
5fitness within a period
of time from the date of the finding of 
6unfitness. For a defendant charged with a felony, the period 
7of time shall be one year. For a defendant charged with a 
8misdemeanor, the period of time shall be no longer than the 
9sentence if convicted of the most serious offense. If the 
10report indicates
that there is a substantial probability that 
11the defendant will attain fitness
within the time period, the 
12treatment supervisor shall also file a treatment
plan which 
13shall include:

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

15  (2) A description of treatment goals with respect to 
16 rendering the
defendant
fit, a specification of the 
17 proposed treatment modalities, and an estimated
timetable 
18 for attainment of the goals;

19  (3) An identification of the person in charge of 
20 supervising the
defendant's
treatment.

21(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)