Bill Text: IL HB5131 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the 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. Deletes 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.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB5131 Detail]

Download: Illinois-2023-HB5131-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5131 Introduced 2/8/2024, by Rep. Dennis Tipsword, Jr. - Michael J. Coffey, Jr. - Wayne A Rosenthal and Dave Severin SYNOPSIS AS INTRODUCED:
725 ILCS 5/104-17 from Ch. 38, par. 104-17
Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the 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. Deletes 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.
LRB103 36005 RLC 66092 b
A BILL FOR
HB5131 LRB103 36005 RLC 66092 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 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.
(b) If the defendant's disability is mental, the court may
order him placed for secure 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 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

HB5131 - 2 - LRB103 36005 RLC 66092 b
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 sheriff court of the
designated facility to receive the defendant. Upon receipt of
the notice, The Department shall admit the defendant to a
secure facility within 60 days of the 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

HB5131 - 3 - LRB103 36005 RLC 66092 b
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
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. The placement may be ordered
either on an inpatient or an outpatient basis. If the
Department does not provide placement within the 20 days of
transmittal from the clerk, the Department shall provide

HB5131 - 4 - LRB103 36005 RLC 66092 b
payment to the sheriff, as prescribed by the sheriff,
including, but not limited to, housing and mental health
services for each day after 20 days have passed from the time
the defendant was first placed in the sheriff's custody. The
sheriff shall not be held liable for any issues encountered
after the 20th day the defendant remains in his or her care.
(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 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

HB5131 - 5 - LRB103 36005 RLC 66092 b
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
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

HB5131 - 6 - LRB103 36005 RLC 66092 b