Bill Text: IL SB1443 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning detention or shelter care hearings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1443 Detail]
Download: Illinois-2013-SB1443-Amended.html
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1 | AMENDMENT TO SENATE BILL 1443
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2 | AMENDMENT NO. ______. Amend Senate Bill 1443 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | adding Part 5.5 to Article V as follows:
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6 | 705 ILCS 405/Art. V Pt. 5.5 heading new | ||||||
7 | Part 5.5 | ||||||
8 | JUVENILE FITNESS TO STAND TRIAL | ||||||
9 | (705 ILCS 405/5-5.5-101 new) | ||||||
10 | Sec. 5-5.5-101. Presumption of fitness; fitness standard.
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11 | A minor is presumed to be fit to stand trial or to plead, and be | ||||||
12 | sentenced. A minor is unfit if, because of his or her mental or | ||||||
13 | physical condition, he or she is unable to understand the | ||||||
14 | nature and purpose of the proceedings against him or her or to | ||||||
15 | assist in his or her defense. For purposes of this Act, "mental |
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1 | condition" includes, but is not limited to, mental illness and | ||||||
2 | developmental disability. A judge, at his or her discretion, | ||||||
3 | may consider developmental immaturity as a factor.
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4 | (705 ILCS 405/5-5.5-105 new) | ||||||
5 | Sec. 5-5.5-105. Raising issue; burden; fitness motions. | ||||||
6 | (a) The issue of the minor's fitness for trial, to plead, | ||||||
7 | or to be sentenced may be raised by the defense, the State, or | ||||||
8 | the court at any appropriate time before a plea is entered or | ||||||
9 | before, during, or after trial. When a bonafide doubt of the | ||||||
10 | minor's fitness is raised, the court shall order a | ||||||
11 | determination of the issue before proceeding further. | ||||||
12 | (b) Upon request of the minor that a qualified expert be | ||||||
13 | appointed to examine him or her to determine prior to trial if | ||||||
14 | a bonafide doubt as to his or her fitness to stand trial may be | ||||||
15 | raised, the court, in its discretion, may order an appropriate | ||||||
16 | examination. However, no order entered under this subsection | ||||||
17 | shall prevent further proceedings in the case. An expert so | ||||||
18 | appointed shall examine the minor and make a report as provided | ||||||
19 | in Section 5-5.5-125. Upon the filing with the court of a | ||||||
20 | verified statement of services rendered, the court shall enter | ||||||
21 | an order on the county board to pay the expert a reasonable fee | ||||||
22 | stated in the order. | ||||||
23 | (c) When a bonafide doubt of the minor's fitness has been | ||||||
24 | raised, the burden of proving that the minor is fit by a | ||||||
25 | preponderance of the evidence and the burden of going forward |
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1 | with the evidence are on the State. However, the court may call | ||||||
2 | its own witnesses and conduct its own inquiry. | ||||||
3 | (d) Following a finding of unfitness, the court may hear | ||||||
4 | and rule on any pretrial motion or motions if the minor's | ||||||
5 | presence is not essential to a fair determination of the | ||||||
6 | issues. A motion may be reheard upon a showing that evidence is | ||||||
7 | available which was not available, due to the minor's | ||||||
8 | unfitness, when the motion was first decided.
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9 | (705 ILCS 405/5-5.5-110 new) | ||||||
10 | Sec. 5-5.5-110. Right to jury.
The issue of the minor's | ||||||
11 | fitness may be determined in the first instance by the court or | ||||||
12 | by a jury. The defense or the State may demand a jury or the | ||||||
13 | court on its own motion may order a jury. However, when the | ||||||
14 | issue is raised after trial has begun or after conviction but | ||||||
15 | before sentencing, or when the issue is to be redetermined | ||||||
16 | under Section 5-5.5-150 or 5-5.5-185, the issue shall be | ||||||
17 | determined by the court.
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18 | (705 ILCS 405/5-5.5-115 new) | ||||||
19 | Sec. 5-5.5-115. Fitness examination. | ||||||
20 | (a) When the issue of fitness involves the minor's mental | ||||||
21 | condition, the court shall order an examination of the minor by | ||||||
22 | one or more licensed physicians, clinical psychologists, or | ||||||
23 | psychiatrists chosen by the court. No physician, clinical | ||||||
24 | psychologist, or psychiatrist employed by the Department of |
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1 | Human Services shall be ordered to perform, in his or her | ||||||
2 | official capacity, an examination under this Section. Under | ||||||
3 | this Act, the evaluator must have training in child development | ||||||
4 | as well as training or experience in forensic practice. | ||||||
5 | (b) If the issue of fitness involves the minor's physical | ||||||
6 | condition, the court shall appoint one or more physicians and | ||||||
7 | in addition, other experts as it may deem appropriate to | ||||||
8 | examine the minor and to report to the court regarding the | ||||||
9 | minor's condition. | ||||||
10 | (c) An examination ordered under this Section shall be | ||||||
11 | given at the place designated by the person who will conduct | ||||||
12 | the examination, except that if the minor is being held in | ||||||
13 | custody, the examination shall take place at the location as | ||||||
14 | the court directs. No examinations under this Section shall be | ||||||
15 | ordered to take place at mental health or developmental | ||||||
16 | disabilities facilities operated by the Department of Human | ||||||
17 | Services. If the minor fails to keep appointments without | ||||||
18 | reasonable cause or if the person conducting the examination | ||||||
19 | reports to the court that diagnosis requires hospitalization or | ||||||
20 | extended observation, the court may order the minor admitted to | ||||||
21 | an appropriate facility for an examination, other than a | ||||||
22 | screening examination, for not more than 7 days. The court may, | ||||||
23 | upon a showing of good cause, grant an additional 7 days to | ||||||
24 | complete the examination. | ||||||
25 | (d) A juvenile who has been released from detention prior | ||||||
26 | to trial shall not be placed
back in detention based solely on |
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1 | the fact that a court has ordered an evaluation. | ||||||
2 | (e) Upon request by the defense and if the minor is | ||||||
3 | indigent, the court may appoint, in addition to the expert or | ||||||
4 | experts chosen under subsection (a) of this Section, a | ||||||
5 | qualified expert selected by the minor to examine him and to | ||||||
6 | make a report as provided in Section 5-5.5-125. Upon the filing | ||||||
7 | with the court of a verified statement of services rendered, | ||||||
8 | the court shall enter an order on the county board to pay the | ||||||
9 | expert a reasonable fee stated in the order.
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10 | (705 ILCS 405/5-5.5-120 new) | ||||||
11 | Sec. 5-5.5-120. Use of statements made during examination | ||||||
12 | or treatment. | ||||||
13 | (a) Statements made by the minor and information gathered | ||||||
14 | in the course of any examination or treatment ordered under | ||||||
15 | Section 5-5.5-115, 5-5.5-135, or 5-5.5-150 shall not be | ||||||
16 | admissible against the minor unless he or she raises the | ||||||
17 | defense of insanity or the defense of drugged or intoxicated | ||||||
18 | condition, in which case the statements or information shall be | ||||||
19 | admissible only on the issue of whether he or she was insane, | ||||||
20 | drugged, or intoxicated. The refusal of the minor to cooperate | ||||||
21 | in the examinations shall not preclude the raising of those | ||||||
22 | defenses but shall preclude the minor from offering expert | ||||||
23 | evidence or testimony tending to support the defenses if the | ||||||
24 | expert evidence or testimony is based upon the expert's | ||||||
25 | examination of the minor. |
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1 | (b) Except as provided in paragraph (a) of this Section, no | ||||||
2 | statement made by the minor in the course of any examination or | ||||||
3 | treatment ordered under Section 5-5.5-115, 5-5.5-135, or | ||||||
4 | 5-5.150 which relates to the crime charged or to other criminal | ||||||
5 | acts shall be disclosed by persons conducting the examination | ||||||
6 | or the treatment, except to members of the examining or | ||||||
7 | treating team, without the informed written consent of the | ||||||
8 | minor, who is competent at the time of giving the consent. | ||||||
9 | (c) The court shall advise the minor of the limitations on | ||||||
10 | the use of any statements made or information gathered in the | ||||||
11 | course of the fitness examination or subsequent treatment as | ||||||
12 | provided in this Section. It shall also advise him or her that | ||||||
13 | he or she may refuse to cooperate with the person conducting | ||||||
14 | the examination, but that his or her refusal may be admissible | ||||||
15 | into evidence on the issue of his or her mental or physical | ||||||
16 | condition.
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17 | (705 ILCS 405/5-5.5-125 new) | ||||||
18 | Sec. 5-5.5-125. Report. | ||||||
19 | (a) The person or persons conducting an examination of the | ||||||
20 | minor, under
paragraph (a) or (b) of Section 5-5.5-115 shall | ||||||
21 | submit a written report to the court, the State, and the | ||||||
22 | defense within 30 days of the date of the order. The report | ||||||
23 | shall include: | ||||||
24 | (1) a diagnosis and an explanation as to how it was | ||||||
25 | reached and the facts upon which it is based; |
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1 | (2) the minor's history and current status regarding | ||||||
2 | any possible mental illness, intellectual disability, or | ||||||
3 | physical disability; | ||||||
4 | (3) a description of the cognitive abilities of the | ||||||
5 | minor associated with the minor's current level of | ||||||
6 | development; | ||||||
7 | (4) the minor's functional abilities related to | ||||||
8 | fitness, including the minor's ability to understand the | ||||||
9 | nature and purpose of the proceedings against him or her or | ||||||
10 | to assist in his or her defense; | ||||||
11 | (5) the relationship between the minor's diagnosis, | ||||||
12 | disabilities, developmental characteristics, and | ||||||
13 | functional abilities, identified above, and any mental | ||||||
14 | condition resulting in deficits to the minor's functional | ||||||
15 | abilities related to fitness; and | ||||||
16 | (6) if the evaluator believes the minor is in need of | ||||||
17 | remediation or restoration services, the evaluator should | ||||||
18 | discuss: | ||||||
19 | (i) whether the minor's deficits are likely to be | ||||||
20 | remediated or restored within the statutory period; | ||||||
21 | (ii) any recommended interventions to aid in the | ||||||
22 | remediation or
restoration of the minor's fitness; and | ||||||
23 | (iii) whether it is more therapeutically | ||||||
24 | appropriate to provide the interventions on an | ||||||
25 | outpatient or inpatient basis. | ||||||
26 | (b) If the report indicates that the minor is not fit to |
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1 | stand trial or to plead because of a disability, the report | ||||||
2 | shall include an opinion as to the likelihood of the minor | ||||||
3 | attaining fitness within one year if provided with a course of | ||||||
4 | treatment. If the person or persons preparing the report are | ||||||
5 | unable to form that opinion, the report shall state the reasons | ||||||
6 | for being able to form an opinion. The report may include a | ||||||
7 | general description of the type of treatment needed and of the | ||||||
8 | least physically restrictive form of treatment therapeutically | ||||||
9 | appropriate. | ||||||
10 | (c) The report shall indicate what information, if any, | ||||||
11 | contained in the report may be harmful to the mental condition | ||||||
12 | of the minor if made known to him or her.
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13 | (705 ILCS 405/5-5.5-130 new) | ||||||
14 | Sec. 5-5.5-130. Fitness hearing. | ||||||
15 | (a) The court shall conduct a hearing to determine the | ||||||
16 | minor's fitness within 14 days of receipt of the final written | ||||||
17 | report unless agreed upon by all parties or for good cause | ||||||
18 | shown; in which case the hearing shall be conducted no later | ||||||
19 | than 45 days of receipt of the final written report of the | ||||||
20 | person or persons conducting the examination or upon conclusion | ||||||
21 | of the matter then pending before it, subject to continuances | ||||||
22 | allowed under, Section 114-4 of the Code of Criminal Procedure | ||||||
23 | of 1963. | ||||||
24 | (b) Subject to the rules of evidence, matters admissible on | ||||||
25 | the issue of the minor's fitness include, but are not limited |
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1 | to, the following: | ||||||
2 | (1) the minor's knowledge and understanding of the | ||||||
3 | charge, the proceedings, the consequences of a plea, | ||||||
4 | judgment, or sentence, and the functions of the | ||||||
5 | participants in the trial process; | ||||||
6 | (2) the minor's ability to observe, recollect, and | ||||||
7 | relate occurrences, especially those concerning the | ||||||
8 | incidents alleged, and to communicate with and assist | ||||||
9 | counsel; | ||||||
10 | (3) the minor's social behavior and abilities; | ||||||
11 | orientation as to time and place; recognition of persons, | ||||||
12 | places, and things; and performance of motor processes; and | ||||||
13 | strengths and weaknesses as they relate to the necessary | ||||||
14 | abilities to be fit; and | ||||||
15 | (4) the relationship between the minor's fitness | ||||||
16 | deficits and any mental or physical condition or | ||||||
17 | developmental immaturity. | ||||||
18 | (c) The minor has the right to be present at every hearing | ||||||
19 | on the issue of his or her fitness. The minor's presence may be | ||||||
20 | waived only if there is filed with the court a certificate | ||||||
21 | stating that the minor is physically unable to be present and | ||||||
22 | the reasons therefor. The certificate shall be signed by a | ||||||
23 | licensed physician who, within 7 days, has examined the minor. | ||||||
24 | (d) On the basis of the evidence before it, the court or | ||||||
25 | jury shall determine whether the minor is fit to stand trial or | ||||||
26 | to plead. If it finds that the minor is unfit, the court or the |
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1 | jury shall determine whether there is substantial probability | ||||||
2 | that the minor, if provided with a course of treatment, will | ||||||
3 | attain fitness within one year. If the court or the jury finds | ||||||
4 | that there is not a substantial probability, the court shall | ||||||
5 | proceed as provided in Section 5-5.5-165. If the probability is | ||||||
6 | found or if the court or the jury is unable to determine | ||||||
7 | whether a substantial probability exists, the court shall order | ||||||
8 | the minor to undergo treatment for the purpose of rendering him | ||||||
9 | fit. In the event that a minor is ordered to undergo treatment | ||||||
10 | when there has been no determination as to the probability of | ||||||
11 | his or her attaining fitness, the court shall conduct a hearing | ||||||
12 | as soon as possible following the receipt of the report filed | ||||||
13 | under paragraph (d) of Section 5-5.5-135, unless the hearing is | ||||||
14 | waived by the defense, and shall make a determination as to | ||||||
15 | whether a substantial probability exists. | ||||||
16 | (e) An order finding the minor unfit is a final order for | ||||||
17 | purposes of appeal by the State or the minor.
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18 | (705 ILCS 405/5-5.5-135 new) | ||||||
19 | Sec. 5-5.5-135. Commitment for treatment; treatment plan. | ||||||
20 | (a) The court shall select the least physically restrictive | ||||||
21 | form of treatment therapeutically appropriate and consistent | ||||||
22 | with the treatment recommendations. | ||||||
23 | (b) When a minor's finding of unfitness is based upon | ||||||
24 | mental illness, developmental disability, developmental | ||||||
25 | immaturity, or physical limitations, the court may order the |
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1 | minor placed under the supervision of the Department of Human | ||||||
2 | Services which shall place and maintain the minor in a suitable | ||||||
3 | treatment program or facility, or the court may order the minor | ||||||
4 | placed in an appropriate public or private treatment program or | ||||||
5 | facility which has agreed to provide treatment to the minor. | ||||||
6 | The placement may be ordered either on an outpatient or | ||||||
7 | inpatient basis, whichever is therapeutically appropriate and | ||||||
8 | least restrictive. | ||||||
9 | (c) If the minor's disability is physical, the court may | ||||||
10 | order the minor placed under the supervision of the Department | ||||||
11 | of Human Services which shall place and maintain the minor in a | ||||||
12 | suitable treatment facility or program, or the court may order | ||||||
13 | the minor placed in an appropriate public or private facility | ||||||
14 | or treatment program which has agreed to provide treatment to | ||||||
15 | the minor. The placement may be ordered either on an inpatient | ||||||
16 | or an outpatient basis, whichever is therapeutically | ||||||
17 | appropriate and least restrictive. | ||||||
18 | (d) The clerk of the circuit court shall transmit to the | ||||||
19 | Department, agency, or institution, if any, to which the minor | ||||||
20 | is remanded for treatment, the following: | ||||||
21 | (1) a certified copy of the order to undergo treatment; | ||||||
22 | (2) the county and municipality where the offense is | ||||||
23 | alleged to have been committed; | ||||||
24 | (3) the county and municipality in which the arrest | ||||||
25 | took place; | ||||||
26 | (4) a copy of the arrest report, criminal charges, |
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1 | arrest record, jail record, and the report prepared under | ||||||
2 | Section 5-5.5-125; and | ||||||
3 | (5) any additional matters which the court directs the | ||||||
4 | clerk to transmit. | ||||||
5 | (e) Within 30 days of entry of an order to undergo | ||||||
6 | treatment, the person supervising the minor's treatment shall | ||||||
7 | file with the court, the State, and the defense a report | ||||||
8 | assessing the facility's or program's capacity to provide | ||||||
9 | appropriate treatment for the minor and indicating his or her | ||||||
10 | opinion as to the probability of the minor's attaining fitness | ||||||
11 | within a period of one year from the date of the finding of | ||||||
12 | unfitness. If the report indicates that there is a substantial | ||||||
13 | probability that the minor will attain fitness within the time | ||||||
14 | period, the treatment supervisor shall also file a treatment | ||||||
15 | plan which shall include: | ||||||
16 | (1) a diagnosis of the minor's disability; | ||||||
17 | (2) a description of treatment goals with respect to
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18 | rendering the minor fit, a specification of the proposed | ||||||
19 | treatment modalities, and an estimated timetable for | ||||||
20 | attainment of the goals; and | ||||||
21 | (3) an identification of the person in charge of
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22 | supervising the minor's treatment.
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23 | (705 ILCS 405/5-5.5-140 new) | ||||||
24 | Sec. 5-5.5-140. Progress reports. | ||||||
25 | (a) The treatment supervisor shall submit a written |
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1 | progress report to the court, the State, and the defense: | ||||||
2 | (1) at least 7 days prior to the date for any hearing | ||||||
3 | on the issue of the minor's fitness; | ||||||
4 | (2) whenever he or she believes that the minor has | ||||||
5 | attained fitness; or | ||||||
6 | (3) whenever he or she believes that there is not a | ||||||
7 | substantial probability that the minor will attain | ||||||
8 | fitness, with treatment, within one year from the date of | ||||||
9 | the original finding of unfitness. | ||||||
10 | (b) The progress report shall contain: | ||||||
11 | (1) the clinical findings of the treatment supervisor | ||||||
12 | and the facts upon which the findings are based; | ||||||
13 | (2) the opinion of the treatment supervisor as to | ||||||
14 | whether the minor has attained fitness or as to whether the | ||||||
15 | minor is making progress, under treatment, toward | ||||||
16 | attaining fitness within one year from the date of the | ||||||
17 | original finding of unfitness; and | ||||||
18 | (3) if the minor is receiving medication, information | ||||||
19 | from the prescribing physician indicating the type, the | ||||||
20 | dosage, and the effect of the medication on the minor's | ||||||
21 | appearance, actions, and demeanor.
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22 | (705 ILCS 405/5-5.5-145 new) | ||||||
23 | Sec. 5-5.5-145. Records. Any report filed of record with | ||||||
24 | the court concerning diagnosis, treatment, or treatment plans | ||||||
25 | made under this Article shall not be placed in the minor's |
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1 | court record but shall be maintained separately by the clerk of | ||||||
2 | the court and shall be available only to the court or an | ||||||
3 | appellate court, the State, the defense, a facility or program | ||||||
4 | which is providing treatment to the minor under an order of the | ||||||
5 | court, or other persons as the court may direct.
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6 | (705 ILCS 405/5-5.5-150 new) | ||||||
7 | Sec. 5-5.5-150. Ninety-day hearings; continuing treatment. | ||||||
8 | (a) Upon entry or continuation of any order to undergo | ||||||
9 | treatment, the court shall set a date for hearing to reexamine | ||||||
10 | the issue of the minor's fitness not more than 90 days | ||||||
11 | thereafter. In addition, whenever the court receives a report | ||||||
12 | from the supervisor of the minor's treatment under paragraph | ||||||
13 | (2) or (3) of subsection (a) of Section 5-5.5-140, the court | ||||||
14 | shall immediately set the matter for a first hearing within 14 | ||||||
15 | days unless good cause is shown why the hearing cannot be held. | ||||||
16 | On the date set or upon conclusion of the matter then pending | ||||||
17 | before it, the court, sitting without a jury, shall conduct a | ||||||
18 | hearing, unless waived by the defense, and shall determine: | ||||||
19 | (1) whether the minor is fit to stand trial or to | ||||||
20 | plead; and if not, | ||||||
21 | (2) whether the minor is making progress under | ||||||
22 | treatment toward
attainment of fitness within one year from | ||||||
23 | the date of the original finding of unfitness. | ||||||
24 | (b) If the court finds the minor to be fit under this | ||||||
25 | Section, the court shall set the matter for trial; however, if |
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1 | the minor is in need of continued care or treatment and the | ||||||
2 | supervisor of the minor's treatment agrees to continue to | ||||||
3 | provide it, the court may enter any order it deems appropriate | ||||||
4 | for the continued care or treatment of the minor by the | ||||||
5 | facility or program pending the conclusion of the criminal | ||||||
6 | proceedings. | ||||||
7 | (c) If the court finds that the minor is still unfit but | ||||||
8 | that he or she is making progress toward attaining fitness, the | ||||||
9 | court may continue or modify its original treatment order | ||||||
10 | entered under Section 5-5.5-135. | ||||||
11 | (d) If the court finds that the minor is still unfit and | ||||||
12 | that he or she is not making progress toward attaining fitness | ||||||
13 | such that there is not a substantial probability that he or she | ||||||
14 | will attain fitness within one year from the date of the | ||||||
15 | original finding of unfitness, the court shall proceed under | ||||||
16 | Section 5-5.5-165. However, if the minor is in need of | ||||||
17 | continued care and treatment and the supervisor of the minor's | ||||||
18 | treatment agrees to continue to provide it, the court may enter | ||||||
19 | any order it deems appropriate for the continued care or | ||||||
20 | treatment by the facility or program pending the conclusion of | ||||||
21 | the criminal proceedings.
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22 | (705 ILCS 405/5-5.5-155 new) | ||||||
23 | Sec. 5-5.5-155. Medication. | ||||||
24 | (a) A minor who is receiving psychotropic medication shall | ||||||
25 | not be presumed to be unfit to stand trial solely by virtue of |
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1 | the receipt of those drugs or medications. | ||||||
2 | (b) Whenever a minor who is receiving medication under | ||||||
3 | medical direction is transferred between a place of custody and | ||||||
4 | a treatment facility or program, a written report from the | ||||||
5 | prescribing physician shall accompany the minor. The report | ||||||
6 | shall state the type and dosage of the minor's medication and | ||||||
7 | the duration of the prescription. The chief officer of the | ||||||
8 | place of custody or the treatment supervisor at the facility or | ||||||
9 | program shall insure that the medication is provided according | ||||||
10 | to the directions of the prescribing physician or until | ||||||
11 | superseded by order of a physician who has examined the minor. | ||||||
12 | (c) If a minor who is deemed incompetent is in need of | ||||||
13 | medication, care will be taken by the treatment provider to | ||||||
14 | provide the medicine expected to assist in the restoration of | ||||||
15 | competency, whether or not that medication is on the formulary.
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16 | (705 ILCS 405/5-5.5-160 new) | ||||||
17 | Sec. 5-5.5-160. Trial with special provisions and | ||||||
18 | assistance. | ||||||
19 | (a) On motion of the minor, the State, or on the court's | ||||||
20 | own motion, the court shall determine whether special | ||||||
21 | provisions or assistance will render the minor fit to stand | ||||||
22 | trial as defined in Section 5-5.5-101. | ||||||
23 | (b) The special provisions or assistance may include but | ||||||
24 | are not limited to: | ||||||
25 | (1) Appointment of qualified translators who shall |
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1 | simultaneously translate all testimony at trial into | ||||||
2 | language understood by the minor. | ||||||
3 | (2) Appointment of experts qualified to assist a minor | ||||||
4 | who because of a disability is unable to understand the | ||||||
5 | proceedings or communicate with his or her attorney. | ||||||
6 | (c) The case may proceed to trial only if the court | ||||||
7 | determines that the provisions or assistance compensate for a | ||||||
8 | minor's disabilities so as to render the minor fit as defined | ||||||
9 | in Section 5-5.5-101. In that case the court shall state for | ||||||
10 | the record the following: | ||||||
11 | (1) the qualifications and experience of the experts or | ||||||
12 | other persons appointed to provide special assistance to | ||||||
13 | the minor; | ||||||
14 | (2) the court's reasons for selecting or appointing the | ||||||
15 | experts or other persons to provide the special assistance | ||||||
16 | to the minor; | ||||||
17 | (3) how the appointment of the expert or other persons | ||||||
18 | will serve the goal of rendering the minor fit in view of | ||||||
19 | the appointee's qualifications and experience, taken in | ||||||
20 | conjunction with the particular disabilities of the minor; | ||||||
21 | and | ||||||
22 | (4) any other factors considered by the court in | ||||||
23 | appointing that expert or person.
| ||||||
24 | (705 ILCS 405/5-5.5-165 new) | ||||||
25 | Sec. 5-5.5-165. Unfit minors.
Cases involving an unfit |
| |||||||
| |||||||
1 | minor who demands a discharge hearing or a minor who cannot | ||||||
2 | become fit to stand trial and for whom no special provisions or | ||||||
3 | assistance can compensate for his or her disability and render | ||||||
4 | the minor fit shall proceed in the following manner: | ||||||
5 | (1) Upon a determination that there is not a substantial | ||||||
6 | probability that the minor will attain fitness within one year | ||||||
7 | from the original finding of unfitness, a minor or the attorney | ||||||
8 | for the minor may move for a discharge hearing under the | ||||||
9 | provisions of Section 5-5.5-175. The discharge hearing shall be | ||||||
10 | held within 120 days of the filing of a motion for a discharge | ||||||
11 | hearing, unless the delay is occasioned by the minor. | ||||||
12 | (2) If at any time the court determines that there is not a | ||||||
13 | substantial probability that the minor will become fit to stand | ||||||
14 | trial or to plead within one year from the date of the original | ||||||
15 | finding of unfitness, or if at the end of one year from that | ||||||
16 | date the court finds the minor still unfit and for whom no | ||||||
17 | special provisions or assistance can compensate for his or her | ||||||
18 | disabilities and render the minor fit, the State shall request | ||||||
19 | the court: | ||||||
20 | (A) to set the matter for hearing under Section | ||||||
21 | 5-5.5-175 unless a hearing
has already been held under | ||||||
22 | paragraph (1) of this Section; or | ||||||
23 | (B) to release the minor from custody and to dismiss | ||||||
24 | with prejudice
the charges against the minor; or | ||||||
25 | (C) to remand the minor to the custody of the | ||||||
26 | Department of Human
Services and order a hearing to be |
| |||||||
| |||||||
1 | conducted under the provisions of the Mental Health and | ||||||
2 | Developmental Disabilities Code. The Department of Human | ||||||
3 | Services shall have 7 days from the date it receives the | ||||||
4 | minor to prepare and file the necessary petition and | ||||||
5 | certificates that are required for commitment under the | ||||||
6 | Mental Health and Developmental Disabilities Code. If the | ||||||
7 | minor is committed to the Department of Human Services | ||||||
8 | under the hearing, the court having jurisdiction over the | ||||||
9 | criminal matter shall dismiss the charges against the | ||||||
10 | minor, with the leave to reinstate. In those cases the | ||||||
11 | Department of Human Services shall notify the court, the | ||||||
12 | State's Attorney, and the defense attorney upon the | ||||||
13 | discharge of the minor. A former minor so committed shall | ||||||
14 | be treated in the same manner as any other civilly | ||||||
15 | committed patient for all purposes including admission, | ||||||
16 | selection of the place of treatment and the treatment | ||||||
17 | modalities, entitlement to rights and privileges, | ||||||
18 | transfer, and discharge. A minor who is not committed shall | ||||||
19 | be remanded to the court having jurisdiction of the | ||||||
20 | criminal matter for disposition under subparagraph (A) or | ||||||
21 | (B) of paragraph (2) of this Section. | ||||||
22 | (3) If the minor is restored to fitness and the original | ||||||
23 | charges against the minor are reinstated, the speedy trial | ||||||
24 | provisions of Section 103-5 of the Code of Criminal Procedure | ||||||
25 | of 1963 shall commence to run.
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-5.5-170 new) | ||||||
2 | Sec. 5-5.5-170. Time credit.
Time spent in custody under | ||||||
3 | orders issued under Section 5-5.5-135 or 5-5.5-150 or pursuant | ||||||
4 | to a commitment to the Department of Human Services following a | ||||||
5 | finding of unfitness or incompetency under prior law, shall be | ||||||
6 | credited against any sentence imposed on the minor in the | ||||||
7 | pending criminal case or in any other case arising out of the | ||||||
8 | same conduct.
| ||||||
9 | (705 ILCS 405/5-5.5-175 new) | ||||||
10 | Sec. 5-5.5-175. Discharge hearing. | ||||||
11 | (a) As provided for in paragraph (1) of Section 5-5.5-165 | ||||||
12 | and subparagraph (A) of paragraph (2) of Section 5-5.5-165 a | ||||||
13 | hearing to determine the sufficiency of the evidence shall be | ||||||
14 | held. The hearing shall be conducted by the court without a | ||||||
15 | jury. The State and the minor may introduce evidence relevant | ||||||
16 | to the question of minor's guilt of the crime charged.
The | ||||||
17 | court may admit hearsay or affidavit evidence on secondary | ||||||
18 | matters such as testimony to establish the chain of possession | ||||||
19 | of physical evidence, laboratory reports, authentication of | ||||||
20 | transcripts taken by official reporters, court and business | ||||||
21 | records, and public documents. | ||||||
22 | (b) If the evidence does not prove the minor guilty beyond | ||||||
23 | a reasonable doubt, the court shall enter a judgment of | ||||||
24 | acquittal; however, nothing in this Article shall prevent the | ||||||
25 | State from requesting the court to commit the minor to the |
| |||||||
| |||||||
1 | Department of Human Services under the provisions of the Mental | ||||||
2 | Health and Developmental Disabilities Code. | ||||||
3 | (c) If the minor is found not guilty by reason of insanity, | ||||||
4 | the court shall enter a judgment of acquittal and the | ||||||
5 | proceedings after acquittal by reason of insanity under Section | ||||||
6 | 5-2-4 of the Unified Code of Corrections shall apply. | ||||||
7 | (d) If the discharge hearing does not result in an | ||||||
8 | acquittal of the charge the minor may be remanded for further | ||||||
9 | treatment and the one year time limit set forth in Section | ||||||
10 | 5-5.5-165 shall be extended as follows: | ||||||
11 | (1) if the most serious charge upon which the State
| ||||||
12 | sustained its burden of proof was a Class 1 or Class X | ||||||
13 | felony, the treatment period may be extended up to a | ||||||
14 | maximum treatment period of 2 years; if a Class 2, 3, or 4 | ||||||
15 | felony, the treatment period may be extended up to a | ||||||
16 | maximum of 15 months; or | ||||||
17 | (2) if the State sustained its burden of proof on a
| ||||||
18 | charge of first degree murder, the treatment period may be | ||||||
19 | extended up to a maximum treatment period of 5 years. | ||||||
20 | (e) Transcripts of testimony taken at a discharge hearing | ||||||
21 | may be admitted in evidence at a subsequent trial of the minor, | ||||||
22 | subject to the rules of evidence, if the witness who gave the | ||||||
23 | testimony is legally unavailable at the time of the subsequent | ||||||
24 | trial. | ||||||
25 | (f) If the court fails to enter an order of acquittal the | ||||||
26 | minor may appeal from the judgment in the same manner provided |
| |||||||
| |||||||
1 | for an appeal from a conviction in a criminal case. | ||||||
2 | (g) At the expiration of an extended period of treatment | ||||||
3 | ordered under this Section: | ||||||
4 | (1) Upon a finding that the minor is fit or can
be | ||||||
5 | rendered fit consistent with Section 5-5.5-160, the court | ||||||
6 | may proceed with trial. | ||||||
7 | (2) If the minor continues to be unfit to stand
trial, | ||||||
8 | the court shall determine whether he or she is subject to | ||||||
9 | involuntary admission under the Mental Health and | ||||||
10 | Developmental Disabilities Code or constitutes a serious | ||||||
11 | threat to the public safety. If so found, the minor shall | ||||||
12 | be remanded to the Department of Human Services for further | ||||||
13 | treatment and shall be treated in the same manner as a | ||||||
14 | civilly committed patient for all purposes, except that the | ||||||
15 | original court having jurisdiction over the minor shall be | ||||||
16 | required to approve any conditional release or discharge of | ||||||
17 | the minor, for the period of commitment equal to the | ||||||
18 | maximum sentence to which the minor would have been subject | ||||||
19 | had he or she been convicted in a criminal proceeding. | ||||||
20 | During this period of commitment, the original court having | ||||||
21 | jurisdiction over the minor shall hold hearings under | ||||||
22 | subparagraph (A) of this paragraph (2). However, if the | ||||||
23 | minor is remanded to the Department of Human Services, the | ||||||
24 | minor shall be placed in a secure setting unless the court | ||||||
25 | determines that there are compelling reasons why the | ||||||
26 | placement is not necessary.
If the minor does not have a |
| |||||||
| |||||||
1 | current treatment
plan, then within 3 days of admission | ||||||
2 | under this paragraph (2), a treatment plan shall be | ||||||
3 | prepared for the minor and entered into his or her record. | ||||||
4 | The plan shall include (i) an assessment of the minor's | ||||||
5 | treatment needs, (ii) a description of the services | ||||||
6 | recommended for treatment, (iii) the goals of each type of | ||||||
7 | element of service, (iv) an anticipated timetable for the | ||||||
8 | accomplishment of the goals, and (v) a designation of the | ||||||
9 | qualified professional responsible for the implementation | ||||||
10 | of the plan. The plan shall be reviewed and updated as the | ||||||
11 | clinical condition warrants, but not less than every 30 | ||||||
12 | days.
Every 90 days after the initial admission under this
| ||||||
13 | paragraph (2), the facility director shall file a typed | ||||||
14 | treatment plan report with the original court having | ||||||
15 | jurisdiction over the minor. The report shall include an | ||||||
16 | opinion as to whether the minor is fit to stand trial and | ||||||
17 | whether the minor is currently subject to involuntary | ||||||
18 | admission, in need of mental health services on an | ||||||
19 | inpatient basis, or in need of mental health services on an | ||||||
20 | outpatient basis. The report shall also summarize the basis | ||||||
21 | for those findings and provide a current summary of the 5 | ||||||
22 | items required in a treatment plan. A copy of the report | ||||||
23 | shall be forwarded to the clerk of the court, the State's | ||||||
24 | Attorney, and the minor's attorney if the minor is | ||||||
25 | represented by counsel. | ||||||
26 | The court on its own motion may order a hearing to
review |
| |||||||
| |||||||
1 | the treatment plan. The minor or the State's Attorney may | ||||||
2 | request a treatment plan review every 90 days and the court | ||||||
3 | shall review the current treatment plan to determine whether | ||||||
4 | the plan complies with the requirements of this Section. The | ||||||
5 | court may order an independent examination on its own | ||||||
6 | initiative and shall order an evaluation if either the | ||||||
7 | recipient or the State's Attorney so requests and has | ||||||
8 | demonstrated to the court that the plan cannot be effectively | ||||||
9 | reviewed by the court without the an examination. Under no | ||||||
10 | circumstances shall the court be required to order an | ||||||
11 | independent examination under this Section more than once each | ||||||
12 | year. The examination shall be conducted by a psychiatrist or | ||||||
13 | clinical psychologist as defined in Section 1-103 of the Mental | ||||||
14 | Health and Developmental Disabilities Code who is not in the | ||||||
15 | employ of the Department of Human Services.
If, during the | ||||||
16 | period within which the minor is
confined in a secure setting, | ||||||
17 | the court enters an order that requires the minor to appear, | ||||||
18 | the court shall timely transmit a copy of the order or writ to | ||||||
19 | the director of the particular Department of Human Services | ||||||
20 | facility where the minor resides authorizing the | ||||||
21 | transportation of the minor to the court for the purpose of the | ||||||
22 | hearing. | ||||||
23 | (A) 180 days after a minor is remanded to the
| ||||||
24 | Department of Human Services, under paragraph (2), and | ||||||
25 | every 180 days thereafter for so long as the minor is | ||||||
26 | confined under the order entered thereunder, the court |
| |||||||
| |||||||
1 | shall set a hearing and shall direct that notice of the | ||||||
2 | time and place of the hearing be served upon the minor, the | ||||||
3 | facility director, the State's Attorney, and the minor's | ||||||
4 | attorney. If requested by either the State or the defense | ||||||
5 | or if the court determines that it is appropriate, an | ||||||
6 | impartial examination of the minor by a psychiatrist or | ||||||
7 | clinical psychologist as defined in Section 1-103 of the | ||||||
8 | Mental Health and Developmental Disabilities Code who is | ||||||
9 | not in the employ of the Department of Human Services shall | ||||||
10 | be ordered, and the report considered at the time of the | ||||||
11 | hearing. If the minor is not currently represented by | ||||||
12 | counsel the court shall appoint counsel to represent the | ||||||
13 | minor at the hearing. The court shall make a finding as to | ||||||
14 | whether the minor is: | ||||||
15 | (i) subject to involuntary admission; | ||||||
16 | (ii) in need of mental health services in the
form | ||||||
17 | of inpatient care; or | ||||||
18 | (iii) in need of mental health services but not
| ||||||
19 | subject to involuntary admission nor inpatient care.
| ||||||
20 | The findings of the court shall be established by
clear | ||||||
21 | and convincing evidence and the burden of proof and the | ||||||
22 | burden of going forward with the evidence shall rest | ||||||
23 | with the State's Attorney. Upon finding by the court, | ||||||
24 | the court shall enter its findings and an appropriate | ||||||
25 | order. | ||||||
26 | (B) The terms "subject to involuntary
admission", "in need |
| |||||||
| |||||||
1 | of mental health services in the form of inpatient care" and | ||||||
2 | "in need of mental health services but not subject to | ||||||
3 | involuntary admission nor inpatient care" shall have the | ||||||
4 | meanings ascribed to them in paragraph (3) of subsection (d) of | ||||||
5 | Section 5-2-4 of the Unified Code of Corrections. | ||||||
6 | (3) If the minor is not committed under
this Section, | ||||||
7 | he or she shall be released. | ||||||
8 | (4) In no event may the treatment period be extended
to | ||||||
9 | exceed the maximum sentence to which a minor would have | ||||||
10 | been subject had he or she been convicted in a criminal | ||||||
11 | proceeding. For purposes of this Section, the maximum | ||||||
12 | sentence shall be determined by Section 5-8-1 (730 ILCS | ||||||
13 | 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code of | ||||||
14 | Corrections, excluding any sentence of natural life. The | ||||||
15 | treatment period cannot extend beyond the jurisdiction of | ||||||
16 | this Act.
| ||||||
17 | (705 ILCS 405/5-5.5-180 new) | ||||||
18 | Sec. 5-5.5-180. Disposition of minors suffering | ||||||
19 | disabilities. | ||||||
20 | (a) A minor convicted following a trial conducted under the | ||||||
21 | provisions of Section 5-5.5-160 shall not be sentenced before a | ||||||
22 | written presentence report of investigation is presented to and | ||||||
23 | considered by the court. The presentence report shall be | ||||||
24 | prepared under Sections 5-3-2, 5-3-3, and 5-3-4 of the Unified | ||||||
25 | Code of Corrections and shall include a physical and mental |
| |||||||
| |||||||
1 | examination unless the court finds that the reports of prior | ||||||
2 | physical and mental examinations conducted under this Article | ||||||
3 | are adequate and recent enough so that additional examinations | ||||||
4 | would be unnecessary. | ||||||
5 | (b) A minor convicted following a trial under Section | ||||||
6 | 5-5.5-160 shall not be subject to the death penalty. | ||||||
7 | (c) A minor convicted following a trial under Section | ||||||
8 | 5-5.5-160 shall be sentenced according to the procedures and | ||||||
9 | dispositions authorized under the Unified Code of Corrections | ||||||
10 | subject to the following provisions: | ||||||
11 | (1) The court shall not impose a sentence of
| ||||||
12 | imprisonment upon the minor if the court believes that | ||||||
13 | because of his or her disability a sentence of imprisonment | ||||||
14 | would not serve the ends of justice and the interests of | ||||||
15 | society and the minor or that because of his or her | ||||||
16 | disability a sentence of imprisonment would subject the | ||||||
17 | offender to excessive hardship. In addition to any other | ||||||
18 | conditions of a sentence of conditional discharge or | ||||||
19 | probation the court may require that the minor undergo | ||||||
20 | treatment appropriate to his or her mental or physical | ||||||
21 | condition. | ||||||
22 | (2) After imposing a sentence of imprisonment upon a
| ||||||
23 | minor who has a mental disability, the court may remand him | ||||||
24 | or her to the custody of the Department of Human Services | ||||||
25 | and order a hearing to be conducted under the provisions of | ||||||
26 | the Mental Health and Developmental Disabilities Code. If |
| |||||||
| |||||||
1 | the minor is committed following the hearing, he or she | ||||||
2 | shall be treated in the same manner as any other civilly | ||||||
3 | committed patient for all purposes except as provided in | ||||||
4 | this Section. If the minor is not committed under the | ||||||
5 | hearing, he or she shall be remanded to the sentencing | ||||||
6 | court for disposition according to the sentence imposed. | ||||||
7 | (3) If the court imposes a sentence of imprisonment
| ||||||
8 | upon a minor who has a mental disability but does not | ||||||
9 | proceed under paragraph (2) of subsection (c) of this | ||||||
10 | Section, it shall order the Department of Corrections to | ||||||
11 | proceed under Section 3-8-5 of the Unified Code of | ||||||
12 | Corrections. | ||||||
13 | (4) If the court imposes a sentence of imprisonment
| ||||||
14 | upon a minor who has a physical disability, it may | ||||||
15 | authorize the Department of Corrections to place the minor | ||||||
16 | in a public or private facility which is able to provide | ||||||
17 | care or treatment for the minor's disability and which | ||||||
18 | agrees to do so. | ||||||
19 | (5) When a minor is placed with the Department of
Human | ||||||
20 | Services or another facility under paragraph (2) or (4) of | ||||||
21 | this subsection (c), the Department or private facility | ||||||
22 | shall not discharge or allow the minor to be at large in | ||||||
23 | the community without prior approval of the court. If the | ||||||
24 | minor is placed in the custody of the Department of Human | ||||||
25 | Services, the minor shall be placed in a secure setting | ||||||
26 | unless the court determines that there are compelling |
| |||||||
| |||||||
1 | reasons why the placement is not necessary. The minor shall | ||||||
2 | accrue good time and shall be eligible for parole in the | ||||||
3 | same manner as if he or she were serving his or her | ||||||
4 | sentence within the Department of Corrections. When the | ||||||
5 | minor no longer requires hospitalization, care, or | ||||||
6 | treatment, the Department of Human Services or the facility | ||||||
7 | shall transfer him or her, if his or her sentence has not | ||||||
8 | expired, to the Department of Corrections. If a minor is | ||||||
9 | transferred to the Department of Corrections, the | ||||||
10 | Department of Human Services shall transfer to the | ||||||
11 | Department of Corrections all related records pertaining | ||||||
12 | to length of custody and treatment services provided during | ||||||
13 | the time the minor was held. | ||||||
14 | (6) The Department of Corrections shall notify the
| ||||||
15 | Department of Human Services or a facility in which a minor | ||||||
16 | has been placed under paragraph (2) or (4) of subsection | ||||||
17 | (c) of this Section of the expiration of his or her | ||||||
18 | sentence. Thereafter, a minor in the Department of Human | ||||||
19 | Services shall continue to be treated under his commitment | ||||||
20 | order and shall be considered a civilly committed patient | ||||||
21 | for all purposes including discharge. A minor who is in a | ||||||
22 | facility under paragraph (4) of subsection (c) of this | ||||||
23 | Section shall be informed by the facility of the expiration | ||||||
24 | of his or her sentence, and shall either consent to the | ||||||
25 | continuation of his or her care or treatment by the | ||||||
26 | facility or shall be discharged.
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-5.5-185 new) | ||||||
2 | Sec. 5-5.5-185. Minors found unfit prior to the effective | ||||||
3 | date of this Article; reports; appointment of counsel. | ||||||
4 | (a) Within 180 days after the effective date of this | ||||||
5 | Article, the Department of Human Services shall compile a | ||||||
6 | report on each minor under its custody who was found unfit or | ||||||
7 | incompetent to stand trial or to be sentenced prior to the | ||||||
8 | effective date of this Article. Each report shall include the | ||||||
9 | minor's name, indictment and warrant numbers, the county of his | ||||||
10 | or her commitment, the length of time he or she has been | ||||||
11 | hospitalized, the date of his or her last fitness hearing, and | ||||||
12 | a report on his or her present status as provided in Section | ||||||
13 | 5-5.5-140. | ||||||
14 | (b) The reports shall be forwarded to the Supreme Court | ||||||
15 | which shall distribute copies thereof to the chief judge of the | ||||||
16 | court in which the criminal charges were originally filed, to | ||||||
17 | the State's Attorney and the public defender of the same | ||||||
18 | county, and to the minor's attorney of record, if any. Notice | ||||||
19 | that the report has been delivered shall be given to the minor. | ||||||
20 | (c) Upon receipt of the report, the chief judge shall | ||||||
21 | appoint the public defender or other counsel for each minor who | ||||||
22 | is not represented by counsel and who is indigent under Section | ||||||
23 | 113-3 of the Code of Criminal Procedure of 1963. The court | ||||||
24 | shall provide the minor's counsel with a copy of the report.
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-5.5-190 new) | ||||||
2 | Sec. 5-5.5-190. Disposition of minors found unfit prior to | ||||||
3 | the effective date of this Article. | ||||||
4 | (a) Upon reviewing the report, the court shall determine | ||||||
5 | whether the minor has been in the custody of the Department of | ||||||
6 | Human Services for a period of time equal to the length of time | ||||||
7 | that the minor would have been required to serve, less good | ||||||
8 | time, before becoming eligible for parole or mandatory | ||||||
9 | supervised release had he or she been convicted of the most | ||||||
10 | serious offense charged and had he or she received the maximum | ||||||
11 | sentence therefor. If the court so finds, it shall dismiss the | ||||||
12 | charges against the minor, with leave to reinstate. If the | ||||||
13 | minor has not been committed under the Mental Health and | ||||||
14 | Developmental Disabilities Code, the court shall order him or | ||||||
15 | her discharged or shall order a hearing to be conducted | ||||||
16 | immediately under the provisions of the Code. If the minor was | ||||||
17 | committed under the Code, he or she shall continue to be | ||||||
18 | treated under his or her commitment order and shall be | ||||||
19 | considered a civilly committed patient for all purposes | ||||||
20 | including discharge. | ||||||
21 | (b) If the court finds that a minor has been in the custody | ||||||
22 | of the Department of Human Services for a period less than that | ||||||
23 | specified in paragraph (a) of this Section, the court shall | ||||||
24 | conduct a hearing under Section 5-5.5-150 immediately to | ||||||
25 | redetermine the issue of the minor's fitness to stand trial or | ||||||
26 | to plead. If the minor is fit, the matter shall be set for |
| |||||||
| |||||||
1 | trial. If the court finds that the minor is unfit, it shall | ||||||
2 | proceed under Section 5-5.5-150 or 5-5.5-165; however, a minor | ||||||
3 | who is still unfit and who has been in the custody of the | ||||||
4 | Department of Human Services for a period of more than one year | ||||||
5 | from the date of the finding of unfitness shall be immediately | ||||||
6 | subject to the provisions of Section 5-5.5-165.
| ||||||
7 | (705 ILCS 405/5-5.5-195 new) | ||||||
8 | Sec. 5-5.5-195. Conflict. In the event of any conflict | ||||||
9 | between this Article and the Mental Health and Developmental | ||||||
10 | Disabilities Code, the provisions of this Article shall govern.
| ||||||
11 | (705 ILCS 405/5-5.5-200 new) | ||||||
12 | Sec. 5-5.5-200. Notice to law enforcement agencies | ||||||
13 | regarding release of minors. | ||||||
14 | (a) Prior to the release by the Department of Human | ||||||
15 | Services of any person admitted under any provision of this | ||||||
16 | Article, the Department of Human Services shall give written | ||||||
17 | notice to the sheriff of the county where the minor was | ||||||
18 | admitted. In cases where the arrest of the minor or the | ||||||
19 | commission of the offense took place in any municipality with a | ||||||
20 | population of more than 25,000, the Department of Human | ||||||
21 | Services shall also give written notice to the proper law | ||||||
22 | enforcement agency for the municipality, provided the | ||||||
23 | municipality has requested the notice in writing. | ||||||
24 | (b) Where a minor in the custody of the Department of Human |
| |||||||
| |||||||
1 | Services under any provision of this Article is released under | ||||||
2 | an order of court, the clerk of the circuit court shall, after | ||||||
3 | the entry of the order, transmit a certified copy of the order | ||||||
4 | of release to the Department of Human Services and the Sheriff | ||||||
5 | of the county where the minor was admitted. In cases where the | ||||||
6 | arrest of the minor or the commission of the offense took place | ||||||
7 | in any municipality with a population of more than 25,000, the | ||||||
8 | clerk of the circuit court shall also send a certified copy of | ||||||
9 | the order of release to the proper law enforcement agency for | ||||||
10 | the municipality provided the municipality has requested the | ||||||
11 | notice in writing.
| ||||||
12 | (705 ILCS 405/5-5.5-205 new) | ||||||
13 | Sec. 5-5.5-205. Security and transportation.
No minor | ||||||
14 | placed in a setting of the Department of Human Services under | ||||||
15 | the provisions of Sections 5-5.5-135, 5-5.5-175, or 5-5.5-180 | ||||||
16 | shall be permitted outside the facility's housing unit unless | ||||||
17 | escorted or accompanied by personnel of the Department of Human | ||||||
18 | Services or authorized by court order. Any minor placed in a | ||||||
19 | secure setting under this Section, transported to court | ||||||
20 | hearings or other necessary appointments off facility grounds | ||||||
21 | by personnel of the Department of Human Services, may be placed | ||||||
22 | in security devices or otherwise secured during the period of | ||||||
23 | transportation to assure secure transport of the minor and the | ||||||
24 | safety of Department of Human Services personnel and others. | ||||||
25 | These security measures shall not constitute restraint as |
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1 | defined in the Mental Health and Developmental Disabilities | ||||||
2 | Code. Nor shall any minor be permitted any off-grounds | ||||||
3 | privileges, either with or without escort by personnel of the | ||||||
4 | Department of Human Services, any unsupervised on-ground | ||||||
5 | privileges, or placement in a non-secure setting unless the | ||||||
6 | off-grounds or unsupervised on-grounds privileges, or | ||||||
7 | placement in a non-secure setting have been approved by | ||||||
8 | specific court order, which order may include the conditions on | ||||||
9 | the minor as the court may deem appropriate and necessary to | ||||||
10 | reasonably assure the minor's satisfactory progress in | ||||||
11 | treatment and the safety of the minor or others. Whenever the | ||||||
12 | court receives a report from the supervisor of the minor's | ||||||
13 | treatment recommending the minor for any off-grounds or | ||||||
14 | unsupervised on-grounds privileges, or placement in a | ||||||
15 | non-secure setting, the court shall set the matter for a first | ||||||
16 | hearing within 21 days unless good cause is shown why the | ||||||
17 | hearing cannot be held. The changes made to this Section by | ||||||
18 | this amendatory Act of the 98th General Assembly are | ||||||
19 | declarative of existing law and shall not be construed as a new | ||||||
20 | enactment. ".
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