Illinois-2023-HB5131-Introduced

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.

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A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Code of Criminal Procedure of 1963 is

5 amended 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

9 on pretrial release or on his own recognizance, the court

10 shall select the least physically restrictive form of

11 treatment therapeutically appropriate and consistent with the

12 treatment plan. The placement may be ordered either on an

13 inpatient or an outpatient basis.

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

15 order him placed for secure treatment in the custody of the

16 Department of Human Services, or the court may order him

17 placed in the custody of any other appropriate public or

18 private mental health facility or treatment program which has

19 agreed to provide treatment to the defendant. If the most

20 serious charge faced by the defendant is a misdemeanor, the

21 court shall order outpatient treatment, unless the court finds

22 good cause on the record to order inpatient treatment. If the

23 court orders the defendant to inpatient treatment in the

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1 custody of the Department of Human Services, the Department

2 shall evaluate the defendant to determine the most appropriate

3 secure facility to receive the defendant and, within 20 days

4 of the transmittal by the clerk of the circuit court of the

5 court's placement order, notify the sheriff ~~court~~ of the

6 designated facility to receive the defendant. Upon receipt of

7 the notice, ~~The Department shall admit the defendant to a~~

8 ~~secure facility within 60 days of the transmittal of the~~

9 ~~court's placement order, unless the Department can demonstrate~~

10 ~~good faith efforts at placement and a lack of bed and placement~~

11 ~~availability. If placement cannot be made within 60 days of~~

12 ~~the transmittal of the court's placement order and the~~

13 ~~Department has demonstrated good faith efforts at placement~~

14 ~~and a lack of bed and placement availability, the Department~~

15 ~~shall provide an update to the ordering court every 30 days~~

16 ~~until the defendant is placed. Once bed and placement~~

17 ~~availability is determined, the Department shall notify~~ the

18 sheriff ~~who~~ shall promptly transport the defendant to the

19 designated facility. If the defendant is placed in the custody

20 of the Department of Human Services, the defendant shall be

21 placed in a secure setting. During the period of time required

22 to determine bed and placement availability at the designated

23 facility, the defendant shall remain in jail. If during the

24 course of evaluating the defendant for placement, the

25 Department of Human Services determines that the defendant is

26 currently fit to stand trial, it shall immediately notify the

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1 court and shall submit a written report within 7 days. In that

2 circumstance the placement shall be held pending a court

3 hearing on the Department's report. Otherwise, upon completion

4 of the placement process, including identifying bed and

5 placement availability, the sheriff shall be notified and

6 shall transport the defendant to the designated facility. If,

7 within 60 days of the transmittal by the clerk of the circuit

8 court of the court's placement order, the Department fails to

9 provide the sheriff with notice of bed and placement

10 availability at the designated facility, the sheriff shall

11 contact the Department to inquire about when a placement will

12 become available at the designated facility as well as bed and

13 placement availability at other secure facilities. The

14 Department shall respond to the sheriff within 2 business days

15 of the notice and inquiry by the sheriff seeking the transfer

16 and the Department shall provide the sheriff with the status

17 of the evaluation, information on bed and placement

18 availability, and an estimated date of admission for the

19 defendant and any changes to that estimated date of admission.

20 If the Department notifies the sheriff during the 2 business

21 day period of a facility operated by the Department with

22 placement availability, the sheriff shall promptly transport

23 the defendant to that facility. The placement may be ordered

24 either on an inpatient or an outpatient basis. If the

25 Department does not provide placement within the 20 days of

26 transmittal from the clerk, the Department shall provide

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1 payment to the sheriff, as prescribed by the sheriff,

2 including, but not limited to, housing and mental health

3 services for each day after 20 days have passed from the time

4 the defendant was first placed in the sheriff's custody. The

5 sheriff shall not be held liable for any issues encountered

6 after the 20th day the defendant remains in his or her care.

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

8 may order him placed under the supervision of the Department

9 of Human Services which shall place and maintain the defendant

10 in a suitable treatment facility or program, or the court may

11 order him placed in an appropriate public or private facility

12 or treatment program which has agreed to provide treatment to

13 the defendant. The placement may be ordered either on an

14 inpatient or an outpatient basis.

15 (d) The clerk of the circuit court shall within 5 days of

16 the entry of the order transmit to the Department, agency or

17 institution, if any, to which the defendant is remanded for

18 treatment, the following:

19 (1) a certified copy of the order to undergo

20 treatment. Accompanying the certified copy of the order to

21 undergo treatment shall be the complete copy of any report

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

23 prepared by a forensic examiner for the court;

24 (2) the county and municipality in which the offense

25 was committed;

26 (3) the county and municipality in which the arrest

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1 took place;

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

3 arrest record; and

4 (5) all additional matters which the Court directs the

5 clerk to transmit.

6 (e) Within 30 days of admission to the designated

7 facility, the person supervising the defendant's treatment

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

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

10 appropriate treatment for the defendant and indicating his

11 opinion as to the probability of the defendant's attaining

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

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

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

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

16 sentence if convicted of the most serious offense. If the

17 report indicates that there is a substantial probability that

18 the defendant will attain fitness within the time period, the

19 treatment supervisor shall also file a treatment plan which

20 shall include:

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

22 (2) A description of treatment goals with respect to

23 rendering the defendant fit, a specification of the

24 proposed treatment modalities, and an estimated timetable

25 for attainment of the goals;

26 (3) An identification of the person in charge of

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