Bill Text: IL SB3444 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - Chief Sponsor Changed to Sen. Don Harmon [SB3444 Detail]

Download: Illinois-2023-SB3444-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3444 Introduced 2/8/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
See Index
Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the Court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the Court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.
LRB103 38699 RLC 68836 b
A BILL FOR
SB3444 LRB103 38699 RLC 68836 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 Sections 104-10, 104-11, 104-12, 104-13,
104-14, 104-15, 104-16, 104-17, 104-18, 104-19, 104-20,
104-21, 104-22, 104-23, 104-24, 104-25, 104-26, 104-27,
104-28, 104-29, 104-30, and 104-31 and by adding Section
102-24 as follows:
(725 ILCS 5/102-24 new)
Sec. 102-24. Treatment supervisor, supervisor of the
defendant's treatment, person supervising the defendant's
treatment, or qualified professional. "Treatment supervisor",
"supervisor of the defendant's treatment", "person supervising
the defendant's treatment", or "qualified professional" as
referenced in Article 104 means the person in charge of
overseeing fitness restoration for the defendant and may be a
physician, physician assistant, psychiatrist, clinical
psychologist, nurse practitioner, licensed clinical social
worker, or nurse who is working under the supervision of a
properly licensed physician, psychiatrist, or clinical
psychologist.

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(725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
Sec. 104-10. Presumption of Fitness; Fitness Standard.) A
defendant is presumed to be fit to stand trial or to plead, and
be sentenced. A defendant is unfit if, because of the
defendant's his mental or physical condition, the defendant he
is unable to either understand the nature and purpose of the
proceedings against the defendant him or to meaningfully
assist in the defendant's his defense.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a)
The issue of the defendant's fitness for trial, to plead, or to
be sentenced may be raised by the defense, the State or the
Court at any appropriate time before a plea is entered or
before, during, or after trial. When a bonafide doubt of the
defendant's fitness is raised, the Court court shall order a
determination of the issue by the county's expert before
proceeding further.
However, no order entered pursuant to this subsection
shall prevent further proceedings in the case. An expert so
appointed shall examine the defendant and make a report as
provided in Section 104-15. Upon the filing with the Court of a
verified statement of services rendered, the Court shall enter
an order directed to the county board to pay such expert a
reasonable fee as stated in the order.

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(b) (Blank). Upon request of the defendant that a
qualified expert be appointed to examine him or her to
determine prior to trial if a bonafide doubt as to his or her
fitness to stand trial may be raised, the court, in its
discretion, may order an appropriate examination. However, no
order entered pursuant to this subsection shall prevent
further proceedings in the case. An expert so appointed shall
examine the defendant and make a report as provided in Section
104-15. Upon the filing with the court of a verified statement
of services rendered, the court shall enter an order on the
county board to pay such expert a reasonable fee stated in the
order.
(c) When a bonafide doubt of the defendant's fitness has
been raised, the burden of proving that the defendant is fit by
a preponderance of the evidence and the burden of going
forward with the evidence are on the State. However, the Court
court may call its own witnesses and conduct its own inquiry.
(d) Following a finding of unfitness, the Court court may
hear and rule on any pretrial motion or motions if the
defendant's presence is not essential to a fair determination
of the issues. A motion may be reheard upon a showing that
evidence is available which was not previously available, due
to the defendant's unfitness, when the motion was first
decided.
(Source: P.A. 81-1217.)

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(725 ILCS 5/104-12) (from Ch. 38, par. 104-12)
Sec. 104-12. Right to Jury.) The issue of the defendant's
fitness may be determined in the first instance by the Court
court or by a jury. The defense or the State may demand a jury
or the Court court on its own motion may order a jury. However,
when the issue is raised after trial has begun or after
conviction but before sentencing, or when the issue is to be
redetermined under Section 104-20 or 104-27, the issue shall
be determined by the Court court.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves the defendant's
mental condition, the Court court shall order an examination
of the defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the Court court. No
physician, or other person clinical psychologist or
psychiatrist employed by the Department of Human Services
shall be ordered to perform, in the person's his official
capacity, an examination under this subsection Section.
(b) If the issue of fitness involves the defendant's
physical condition, the Court court shall appoint one or more
physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the
Court court regarding the defendant's condition. No physician

SB3444 - 5 - LRB103 38699 RLC 68836 b
or other person employed by the Department of Human Services
shall be ordered to perform, in the person's official
capacity, an examination under this subsection.
(c) An initial fitness examination ordered under this
Section shall be given at the place designated by the person
who will conduct the examination, except that if the defendant
is being held in custody, the examination shall take place at
such location as the Court court directs. No examinations
under this Section shall be ordered to take place at mental
health or developmental disabilities facilities operated by
the Department of Human Services. If the defendant fails to
keep appointments without reasonable cause or if the county
expert person conducting the examination reports to the Court
court that diagnosis requires hospitalization or extended
observation, the Court court may order the defendant admitted
to an appropriate facility for an examination, other than an
initial fitness examination or placement a screening
examination, for not more than 7 days. The Court court may,
upon a showing of good cause, grant an additional 7 days to
complete the examination and submit a diagnosis to the Court.
(d) Release on pretrial release or on recognizance shall
not be revoked and an application therefor shall not be denied
on the grounds that an examination has been ordered, unless
the Court has determined that the defendant must remain in
custody for the defendant's own safety or the safety of
others.

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(e) Upon request by the defense and if the defendant is
indigent, the Court court may appoint, in addition to the
expert or experts chosen pursuant to subsection (a) of this
Section, a qualified expert selected by the defendant to
examine him and to make a report as provided in Section 104-15.
Upon the filing with the Court court of a verified statement of
services rendered, the Court court shall enter an order on the
county board to pay such expert a reasonable fee stated in the
order.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
Sec. 104-14. Use of Statements Made During Examination or
Treatment.) (a) Statements made by the defendant and
information gathered in the course of any examination or
treatment ordered under Section 104-13, 104-17 or 104-20 shall
not be admissible against the defendant unless the defendant
he raises the defense of insanity or the defense of drugged or
intoxicated condition, in which case they shall be admissible
only on the issue of whether the defendant he was insane,
drugged, or intoxicated. The refusal of the defendant to
cooperate in such examinations shall not preclude the raising
of the aforesaid defenses but shall preclude the defendant
from offering expert evidence or testimony tending to support
such defenses if the expert evidence or testimony is based
upon the expert's examination of the defendant.

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(b) Except as provided in paragraph (a) of this Section,
no statement made by the defendant in the course of any
examination or treatment ordered under Section 104-13, 104-17
or 104-20, which relates to the crime charged or to other
criminal acts, shall be disclosed by persons conducting the
examination or rendering the treatment, except to members of
the examining or treating team. The defendant, however, may
consent to the release of such information if the defendant is
competent to do so. , without the informed written consent of
the defendant, who is competent at the time of giving such
consent.
(c) The Court court shall advise the defendant of the
limitations on the use of any statements made or information
gathered in the course of the fitness examination or
subsequent treatment as provided in this Section. It shall
also advise the defendant him that the defendant he may refuse
to cooperate with the person conducting the examination, but
that such his refusal may be admitted admissible into evidence
on the issue of the defendant's his mental or physical
condition.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
Sec. 104-15. Initial Fitness Report.
(a) The person or persons conducting an initial fitness
examination of the defendant, pursuant to paragraph (a) or (b)

SB3444 - 8 - LRB103 38699 RLC 68836 b
of Section 104-13 shall submit a written report to the Court
court, the State, and the defense within 30 days of the date of
the order. The report shall include:
(1) A diagnosis and an explanation as to how it was
reached and the facts upon which it is based;
(2) A description of the defendant's mental or
physical disability, if any; its severity; and an opinion
as to whether and to what extent it impairs the
defendant's ability to understand the nature and purpose
of the proceedings against them him or to meaningfully
assist in his defense, or both.
(b) If the report indicates that the defendant is not fit
to stand trial or to plead because of a disability, the report
shall include an opinion as to the likelihood of the defendant
attaining fitness within the statutory a period of time from
the date of the finding of unfitness if provided with a course
of treatment. For a defendant charged with a felony, the
period of time shall be one year. For a defendant charged with
a Class A or Class B misdemeanor, the period of time shall be
no longer than the maximum term of imprisonment for the most
serious offense. Defendants charged with Class C misdemeanors,
petty offenses, infraction of a municipal ordinance, or
violation of the Illinois Vehicle Code are not eligible for
fitness restoration services, unless the penalty therefore may
include incarceration for a period of 180 days or longer. If
the person or persons preparing the initial fitness report are

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unable to form such an opinion, the report shall state the
reasons therefor. The report shall may include a general
description of the type of treatment needed and of the least
physically restrictive form of treatment therapeutically
appropriate.If the most serious charge facing the defendant is
a misdemeanor and inpatient treatment is recommended, the
report shall state reasons why outpatient treatment is not
appropriate.
(c) The initial fitness report shall indicate what
information, if any, contained therein may be harmful to the
mental condition of the defendant if made known to the
defendant and the Court may determine if the defendant is
restricted from receiving the report. him.
(d) In addition to the report, a person retained or
appointed by the Court State or the defense to conduct an
initial fitness examination under Section 13 shall, upon
written request, make the defendant's his or her notes, other
evaluations reviewed or relied uponby the testifying witness,
and any videotaped interviews available to another examiner of
the defendant. All forensic interviews conducted by a person
retained or appointed by the Court State or the defense shall
be videotaped unless doing so would be impractical. In the
event that the interview is not videotaped, the examiner may
still testify as to the person's fitness and the Court court
may only consider the lack of compliance in according the
weight and not the admissibility of the expert testimony. An

SB3444 - 10 - LRB103 38699 RLC 68836 b
examiner may use these materials as part of the defendant's
his or her diagnosis and explanation but shall not otherwise
disclose the contents, including at a hearing before the Court
court, except as otherwise provided in Section 104-14 of this
Code.
(Source: P.A. 100-424, eff. 1-1-18.)
(725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
Sec. 104-16. Fitness Hearing.) (a) The Court court
shall conduct a hearing to determine the issue of the
defendant's fitness within 45 days of receipt of the final
written report of the person or persons conducting the
examination or upon conclusion of the matter then pending
before it, subject to continuances allowed pursuant to Section
114-4 of this Act.
(b) Subject to the rules of evidence, matters admissible
on the issue of the defendant's fitness include, but are not
limited to, the following:
(1) The defendant's knowledge and understanding of the
charge, the proceedings, the consequences of a plea, judgment
or sentence, and the functions of the participants in the
trial process;
(2) The defendant's ability to observe, recollect and
relate occurrences, especially those concerning the incidents
alleged, and to effectively communicate with counsel;
(3) The defendant's social behavior and abilities;

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orientation as to time and place; recognition of persons,
places and things; and performance of motor processes.
(c) The defendant has the right to be present at every
hearing on the issue of his fitness. The defendant's presence
may be waived only if there is filed with the Court court a
certificate stating that the defendant is physically unable to
be present due to a disability and the reasons therefor. The
certificate shall be signed by a licensed physician, physician
assistant, or nurse practitioner who, within 7 days, has
examined the defendant. A disability is a mental or physical
condition that, in the opinion of a physician, physician
assistant, or nurse practitioner, prevents the defendant from
safely attending a hearing in person. The defendant's mere
refusal to attend a hearing shall not by itself constitute a
disability.
(d) On the basis of the evidence before it, the Court court
or jury shall determine whether the defendant is fit to stand
trial, or to plead or to be sentenced. If it finds that the
defendant is unfit, the Court court or the jury shall
determine whether there is substantial probability that the
defendant, if provided with a course of treatment, will attain
fitness within one year, except where the defendant is facing
either a Class A or B Misdemeanors, in which case the period of
time shall be no longer than the maximum for the most serious
offense. If the court or the jury finds that there is not a
substantial probability, the court shall proceed as provided

SB3444 - 12 - LRB103 38699 RLC 68836 b
in Section 104-23. If such probability is found or if the Court
court or the jury is unable to determine whether a substantial
probability exists, the Court court shall order the defendant
to undergo treatment for the purpose of rendering them him
fit. In the event that a defendant is ordered to undergo
treatment with when there has been no initial determination as
to the probability of his attaining fitness within the
statutory timeframe, the Court court shall conduct a hearing
as soon as possible following the receipt of the treatment
supervisor's report filed pursuant to subsection (g) paragraph
(d) of Section 104-17, unless the hearing is waived by the
defense, and shall make a determination as to whether a
substantial probability of attaining fitness within the
statutory timeframe exists. If the Court or the jury finds
that there is not a substantial probability that the defendant
may be rendered fit within the statutory limitations, the
Court shall proceed as provided in Section 104-23.
(e) An order finding the defendant unfit is a final order
for purposes of appeal by the State or the defendant.
(Source: P.A. 81-1217.)
(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 the defendant's his own
recognizance, the Court court shall select the least

SB3444 - 13 - LRB103 38699 RLC 68836 b
physically restrictive form of treatment therapeutically
appropriate and consistent with the safety of the defendant or
the safety of others. treatment plan. The treatment placement
may be ordered on either on an inpatient or an outpatient
basis.
(b) If the defendant defendant's is unfit due to mental
illness or developmental disability as identified in the
Mental Health and Developmental Disabilities Code disability is
mental, the Court court may order them into the him placed for
secure treatment in the custody of the Department of Human
Services. , or The Court the court may also order the defendant
to be 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
defendant is remanded to the custody of the Department of
Human Services for inpatient 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 and the pretrial
release provisions of Section 110-2 do not apply. If the most
serious charge faced by the defendant is a Class A or Class B
misdemeanor, the Court court shall order outpatient treatment,
unless the Court court finds good cause on the record to order
secure, inpatient treatment. If the Court court orders the
defendant to inpatient treatment in the custody of the
Department of Human Services, the Department shall conduct a

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placement screening evaluate the defendant to determine the
most appropriate placement option for secure facility to
receive the defendant and, within 20 days of the successful
transmittal by the Clerk of Circuit Court clerk of the circuit
court of the Court's court's placement order, if inpatient
treatment is most appropriate, notify the Court court of the
designated secure facility to receive the defendant. In such
case, the The Department shall admit the defendant to a secure
facility within 60 days of the transmittal of the Court's
remand 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 successful the transmittal of the Court's remand
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 the Court with an
update and shall continue an update to update the ordering
Court court every 30 days thereafter 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

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screening evaluating the defendant for placement, the
Department of Human Services determines that the defendant is
currently fit to stand trial, suitable for outpatient
treatment, or unfit without a substantial probability of being
rendered fit within the statutory timeframe, it shall
immediately notify the Court court and shall submit a written
report within 7 days. In any of those circumstances that
circumstance the placement shall be held pending a Court 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 successful transmittal by the Clerk
clerk of the Circuit Court circuit court of the Court's remand
court's placement order, the Department has not provided the
Court 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 placement screening, currently designated facility
evaluation, information on bed and placement availability, and
an estimated date of admission for the defendant, and any

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changes to the that estimated date of admission. If the
Department notifies the sheriff during the 2 business day
period of an alternate secure a facility operated by the
Department with current 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.
(c) If the defendant's disability is physical, the Court
court may order placement at a medical hospital or other
residential care facility or program that has agreed to
provide treatment to the defendant. Only such physical
conditions that may be overcome by special assistance or
provisions as referenced in Section 104-22 qualify as physical
disabilities under this subsection. 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) If the defendant with mental disabilities is ordered
to outpatient treatment, the defendant shall be released from
custody with instructions to contact the Department of Human
Services to schedule the receipt of restoration services in
the community. A defendant who either fails to arrange for the

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receipt of community restoration services or whom the
Department reports has failed to comply in any other respect
with the outpatient treatment order shall be remanded to the
Department pursuant to subsection (b) hereof to receive
inpatient services at a secure facility designated by the
Department.
(e) If the defendant is unfit due to a traumatic brain
injury or organic brain disease such as Alzheimer's or
dementia, or any other condition other than one treatable as a
mental illness or developmental disability, the Court may
order the defendant placed in a suitable public or private
treatment facility or program that has agreed to provide
treatment to the defendant. No person who has not been
determined to be unfit due to a condition identified in this
subsection (e) may be placed in a facility operated by the
Department of Human Services.
(f) (d) The Clerk clerk of the Circuit Court circuit court
shall within 5 days of the entry of the order transmit to the
Department, hospital, facility, agency or program 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
initial fitness report prepared under Section 104-15 of
this Code or other report prepared by a forensic examiner

SB3444 - 18 - LRB103 38699 RLC 68836 b
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 clerk to transmit.
(g) (e) Within 30 days of admission to the hospital,
facility or program designated under this Section facility,
the person supervising the defendant's treatment shall file
with the Court court, the State, and the defense a report
assessing the hospital's, facility's or program's capacity to
provide appropriate treatment for the defendant and indicating
an 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 Class A or Class B misdemeanor, the period of time shall
be no longer than the sentence if convicted of the most serious
offense. Defendants charged with Class C misdemeanors, petty
offenses, infraction of a municipal ordinance, or violation of
the Illinois Vehicle Code are not eligible for fitness
restoration services, unless the statutory penalty therefor
may include a sentence for a period of 180 days or longer. If

SB3444 - 19 - LRB103 38699 RLC 68836 b
the report indicates that there is a substantial probability
that the defendant will attain fitness within the statutory
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.)
(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
Sec. 104-18. Progress reports.
(a) The treatment supervisor shall submit a written
progress report to the Court court, the State, and the
defense:
(1) At least 7 days prior to the date for any hearing
on the issue of the defendant's fitness;
(2) Whenever he believes that the defendant has
attained fitness, provided the treatment supervisor has
been notified by the Court of such date sufficiently in
advance;
(3) Whenever there is an opinion by the treatment
supervisor he believes that there is not a substantial

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probability that the defendant will attain fitness, with
treatment, within the statutory time period set in
subsection (e) of Section 104-17 of this Code from the
date of the original finding of unfitness.
(b) The progress report shall contain:
(1) The clinical findings of the treatment supervisor
and the facts upon which the findings are based;
(2) The opinion of the treatment supervisor as to
whether the defendant has attained fitness, or as to
whether the defendant is making progress, under treatment,
toward attaining fitness within the statutory time period
set in subsection (e) of Section 104-17 of this Code from
the date of the original finding of unfitness, or there is
not a substantially probability that the defendant will
attain fitness within the statutory time period;
(3) If the defendant is receiving medication,
information from the prescribing physician indicating the
type, the dosage and the effect of the medication on the
defendant's appearance, actions and demeanor.
(c) Whenever the Court court is sent a report from the
supervisor of the defendant's treatment under either paragraph
(2) or (3) of subsection (a) of this Section it shall, within
48 hours, enter an order upon the Sheriff to return the
defendant to the County jail. Upon receipt of such order, the
treatment supervisor provider shall arrange directly with the
county sheriff jail for the immediate return of the defendant

SB3444 - 21 - LRB103 38699 RLC 68836 b
to the county jail as provided under subsection (e) of Section
104-20 of this Code.
(d) Whenever the Court receives a report from the
supervisor of the defendant's treatment supervisor pursuant to
paragraph (2) or (3) of subsection (a) hereof, the Court shall
forthwith set the matter for a first hearing within 14 days,
unless good cause is demonstrated why the hearing cannot be
held within that time and shall set the hearing at the first
available opportunity thereafter.
(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
(725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
Sec. 104-19. Records.) Any report filed of record with the
Court court concerning diagnosis, treatment or treatment plans
made pursuant to this Article shall not be placed in the
defendant's court record but shall be maintained separately by
the Clerk clerk of the Circuit Court court and shall be
available only to the Court court or an appellate court, the
State and the defense, the Department, a hospital, facility or
program which is providing treatment to the defendant pursuant
to an order of the Court court or such other persons as the
Court court may direct.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
Sec. 104-20. Ninety-day hearings; continuing treatment.)

SB3444 - 22 - LRB103 38699 RLC 68836 b
(a) Upon entry or continuation of any order to undergo
fitness restoration treatment, the Court court shall set a
date for hearing to reexamine the issue of the defendant's
fitness not more than 90 days from the original finding of
unfitness and at 90-day intervals thereafter. The Clerk of the
Circuit Court shall notify the hospital, facility or program
providing treatment to the defendant of all upcoming hearing
dates. In addition, whenever the court receives a report from
the supervisor of the defendant's treatment pursuant to
subparagraph (3) of paragraph (a) of Section 104-18, the court
shall forthwith set the matter for a first hearing within 14
days unless good cause is demonstrated why the hearing cannot
be held. Unless waived by the defense, on On the date set or
upon conclusion of the matter then pending before it, the
Court court, sitting without a jury, shall conduct a hearing,
unless waived by the defense, and shall determine:
(1) Whether the defendant is fit to stand trial or to
plead; or and if not,
(2) Whether the defendant is making progress under
treatment toward attainment of fitness within the
statutory time period set in subsection (e) of Section
104-17 of this Code from the date of the original finding
of unfitness; or .
(3) Whether there is not a substantial probability
that the defendant may be restored to fitness within the
statutory timeframe.

SB3444 - 23 - LRB103 38699 RLC 68836 b
(b) If the Court court finds the defendant to be fit
pursuant to this Section, the Court court shall set the matter
for trial and if in secure custody, order that the defendant be
returned to the County to stand trial. ; provided that if the
defendant is in need of continued care or treatment and the
supervisor of the defendant's treatment agrees to continue to
provide it, the court may enter any order it deems appropriate
for the continued care or treatment of the defendant by the
facility or program pending the conclusion of the criminal
proceedings.
(c) If the Court court finds that the defendant is still
unfit but that the defendant he is making progress toward
attaining fitness, the Court court may continue or modify the
its original treatment order entered pursuant to Section
104-17.
(d) If the Court court finds that the defendant is still
unfit and that the defendant he is not making progress toward
attaining fitness such that there is not a substantial
probability that he will attain fitness within the time
statutory period set in subsection (e) of Section 104-17 of
this Code from the date of the original finding of unfitness,
if in secure custody, the Court court shall order that the
defendant be returned to the County and shall otherwise
proceed pursuant to Section 104-23. However, if the defendant
is in need of continued care and treatment and the supervisor
of the defendant's treatment agrees to continue to provide it,

SB3444 - 24 - LRB103 38699 RLC 68836 b
the court may enter any order it deems appropriate for the
continued care or treatment by the facility or program pending
the conclusion of the criminal proceedings.
(e) Whenever the Court court receives a report from the
supervisor of the defendant's treatment under paragraphs
paragraph (2) or (3) of subsection (a) of Section 104-18 of
this Code, the Court court shall, within 48 hours, immediately
enter an order directing the sheriff to return the defendant
to the county jail and set the matter for trial. At any time
thereafter, the issue of the defendant's fitness can be raised
again under Section 104-11 of this Code. If the Court court
finds that the defendant is still unfit after being
recommended as fit by the supervisor of the defendant's
treatment and, that it is substantially probable that the
defendant may be restored to fitness within the statutory
timeframe, the Court court shall attach a copy of any written
report that identifies the relevant factors in favor thereof
the finding that the defendant continues to be unfit, prepared
by a licensed physician, clinical psychologist, or
psychiatrist, to the court order remanding the person for
further treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
(725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
Sec. 104-21. Medication.
(a) A defendant who is ordered into the custody of the

SB3444 - 25 - LRB103 38699 RLC 68836 b
Department of Human Services after a finding of unfitness is
subject to the involuntary administration of medication under
Section 2-107.1 of the Mental Health and Developmental
Disabilities Code. The petition may be filed in either the
county where the defendant is located or with the Court having
jurisdiction over the defendant. A defendant receiving
psychotropic drugs shall not be presumed to be unfit to stand
trial solely by virtue of the receipt of those drugs or
medications.
(a-5) The court-ordered custodian of a defendant who is
subject to the involuntary administration of medication under
this Section shall be entitled to receive the treatment notes,
records and reports relative to the defendant upon written
request., A prior treatment provider who is provided with a
copy of the Court's custody order shall respond to the
custodian's records request within 5 business days. No records
received pursuant to this Section may be used for any purposes
except to determine whether the defendant meets the criteria
for court-ordered treatment under Section 2-107.1 or to
prepare for and participate in hearings under Section 2-107.1.
(a-7) A petition filed on behalf of a defendant who is in
custody under this Article shall be heard within 7 days,
unless good cause is stated on the record why the hearing
cannot be so held within the statutory timeframe. In no event,
however, shall such hearing be delayed beyond 14 days from the
date the petition is filed. The Court shall adjudicate the

SB3444 - 26 - LRB103 38699 RLC 68836 b
petition within 3 working days of the conclusion of the
medication hearing.
(b) Whenever a defendant who is receiving medication under
medical direction is transferred between a place of custody
and a treatment facility or program, a written report from the
prescribing physician shall accompany the defendant. The
report shall state the type and dosage of the defendant's
medication and the duration of the prescription. The chief
officer of the place of custody or the treatment supervisor at
the facility or program shall insure that such medication is
provided according to the directions of the prescribing
physician or until superseded by order of a physician who has
examined the defendant.
(c) (Blank). If a defendant refuses psychotropic
medication, it may be administered over the defendant's
objections in accord with the Mental Health and Developmental
Disabilities Code. If court authorized medications are sought,
the petition, prepared in accord with Section 2-107.1 of the
Mental Health and Developmental Disabilities Code may be filed
in the county where the defendant is located or with the court
having jurisdiction over the defendant.
(Source: P.A. 98-1025, eff. 8-22-14.)
(725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
Sec. 104-22. Trial with special provisions and
assistance.) (a) On motion of the defendant, the State or on

SB3444 - 27 - LRB103 38699 RLC 68836 b
the Court's court's own accord motion, the Court court shall
determine whether special provisions or assistance will render
the defendant fit to stand trial as defined in Section 104-10.
(b) Such special provisions or assistance may include but
are not limited to:
(1) The administration of medication.
(2) (1) Appointment of qualified translators who shall
simultaneously translate all testimony at trial into
language understood by the defendant.
(3) (2) Appointment of experts qualified to assist a
defendant who because of a disability is unable to
understand the proceedings or communicate with his or her
attorney.
(c) The case may proceed to trial only if the Court court
determines that such provisions or assistance compensate for a
defendant's disabilities so as to render the defendant fit as
defined in Section 104-10. In such cases the Court court shall
state for the record the following:
(1) The qualifications and experience of the experts or
other persons appointed to provide special assistance to the
defendant;
(2) The Court's court's reasons for selecting or
appointing the particular experts or other persons to provide
the special assistance to the defendant;
(3) How the appointment of the particular expert or other
persons will serve the goal of rendering the defendant fit in

SB3444 - 28 - LRB103 38699 RLC 68836 b
view of the appointee's qualifications and experience, taken
in conjunction with the particular disabilities of the
defendant; and
(4) Any other factors considered by the court in
determining that the defendant is fit with special provisions
or assistance. appointing that individual.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
Sec. 104-23. Unfit defendants. Cases involving an unfit
defendant who demands a discharge hearing or a defendant whom
the defendant's treatment supervisor has reported as unfit
without a substantial probability of attaining fitness within
the statutory time period who cannot become fit to stand trial
and for whom no special provisions or assistance can
compensate for his disability and render him fit shall proceed
in the following manner:
(a) Upon a determination that there is not a substantial
probability that the defendant will attain fitness within the
time period set in subsection (e) of Section 104-17 of this
Code from the original finding of unfitness, the court The
Court shall hold a discharge hearing within 14 60 days, unless
good cause is shown for the delay.
(b) If at the hearing at any time the Court court
determines that there is not a substantial probability that
the defendant will attain fitness become fit to stand trial or

SB3444 - 29 - LRB103 38699 RLC 68836 b
to plead within the statutory time period it shall proceed as
follows: set in subsection (e) of Section 104-17 of this Code
from the date of the original finding of unfitness, or if at
the end of the time period set in subsection (e) of Section
104-17 of this Code from that date the court finds the
defendant still unfit and for whom no special provisions or
assistance can compensate for his disabilities and render him
fit, the State shall request the court:
(1) To set the matter for a discharge hearing pursuant
to Section 25 hereof 104-25 unless a hearing has already
been held pursuant to paragraph (a) of this Section; or
(2) To release the defendant from custody and to
dismiss with prejudice the charges against them him; or
(3) To remand the defendant to the custody of the
Department of Human Services and order an involuntary
civil commitment a hearing to be conducted pursuant to the
provisions of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended. The
Department of Human Services shall have 7 days from the
date it receives the defendant to prepare and file the
necessary petition and certificates that are required for
commitment on an inpatient or outpatient basis under the
Mental Health and Developmental Disabilities Code subject
to a 7 day extension upon a showing of good cause. If the
defendant is committed to the Department of Human Services
pursuant to such hearing, the court having jurisdiction

SB3444 - 30 - LRB103 38699 RLC 68836 b
over the criminal matter shall dismiss the charges against
the defendant, with the leave to reinstate. In such cases
the Department of Human Services shall notify the Court
court, the State's attorney and the defense attorney upon
the discharge of the defendant. A former defendant so
committed shall be otherwise treated in the same manner as
any other civilly committed patient for all purposes
including admission, selection of the place of treatment
and the treatment modalities, entitlement to rights and
privileges, transfer, and discharge. If the defendant does
not qualify for involuntary commitment, but has expressed
a willingness to be admitted on a voluntary basis and the
facility director determines that the defendant is
clinically suitable for voluntary admission, the
Department shall so advise the Court, the State and the
defense. The Court may consider this factor in determining
whether to proceed under subparagraph (1) or (2) of
paragraph (b) of this Section. Should the Court dismiss
with prejudice the charges against the defendant, the
defendant shall then be admitted to the Department on a
voluntary basis pursuant to the Mental Health and
Developmental Disabilities Code as now or hereafter
amended. If a defendant who does not qualify for
involuntary commitment is unwilling or unsuitable for
voluntary admission, the Department shall so advise the
Court, the State and the defense. Upon receipt of such a

SB3444 - 31 - LRB103 38699 RLC 68836 b
notice, the Court A defendant who is not committed shall ,
within 48 hours, enter an order for the sheriff to
transport the defendant to the county jail be remanded to
the court having jurisdiction of the criminal matter for
further disposition pursuant to subsection subparagraph
(1) or (2) of paragraph (b) of this Section.
(c) Where charges have not been dismissed with prejudice,
if If the defendant is later restored to fitness and the
original charges against him are reinstated, the speedy trial
provisions of Section 103-5 shall commence to run.
(Source: P.A. 102-1118, eff. 1-18-23.)
(725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
Sec. 104-24. Time Credit. Time spent in custody pursuant
to orders issued under this Article Section 104-17 or 104-20
or pursuant to a commitment to the Department of Human
Services following a finding of unfitness or incompetency
under prior law, shall be credited against any sentence
imposed on the defendant in the pending criminal case or in any
other case arising out of the same conduct. The Court shall
calculate the time credit to be applied when considering the
maximum period of time that a defendant may remain in custody.
The Department of Human Services shall not be authorized to
independently apply or calculate time credit.
(Source: P.A. 89-507, eff. 7-1-97.)

SB3444 - 32 - LRB103 38699 RLC 68836 b
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a) of Section 104-23 and
subparagraph (1) of paragraph (b) of Section 104-23 a hearing
to determine the sufficiency of the evidence shall be held.
Such hearing shall be conducted by the Court court without a
jury. The State and the defendant may introduce evidence
relevant to the question of defendant's guilt of the crime
charged.
The Court court may admit hearsay or affidavit evidence on
secondary matters such as testimony to establish the chain of
possession of physical evidence, laboratory reports,
authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence presented by the State does not prove
the defendant guilty beyond a reasonable doubt, the Court
court shall enter a judgment of acquittal; however nothing
herein shall prevent the State from requesting the Court court
to commit the defendant to the Department of Human Services
under the provisions of the Mental Health and Developmental
Disabilities Code.
(c) If after considering the evidence, the defendant is
found not guilty by reason of insanity, the Court court shall
enter a judgment of acquittal and the proceedings after
acquittal by reason of insanity under Section 5-2-4 of the
Unified Code of Corrections shall apply.

SB3444 - 33 - LRB103 38699 RLC 68836 b
(d) If the discharge hearing does not result in an
acquittal of the charge under subsection (b) or (c), the
defendant may be remanded for further treatment and the
statutory one year time limit for restoration set forth in
Section 104-23 shall be extended as follows:
(1) If the most serious charge upon which the State
sustained its burden of proof was a Class 1 or Class X
felony, the treatment period may be extended up to a
maximum treatment period of 2 years;
(1.1) If the most serious charge upon which the State
sustained its burden of proof was if a Class 2, 3, or 4
felony, the treatment period may be extended up to a
maximum of 15 months;
(2) If the State sustained its burden of proof on a
charge of first degree murder, the treatment period may be
extended up to a maximum treatment period of 5 years.
(3) Defendants facing misdemeanor charges are not
subject to extension of the treatment period unless they
are also facing felony charges on the same conduct.
(e) Transcripts of testimony taken at a discharge hearing
may be admitted in evidence at a subsequent trial of the case,
subject to the rules of evidence, if the witness who gave such
testimony is legally unavailable at the time of the subsequent
trial.
(f) If the Court court fails to enter an order of acquittal
the defendant may appeal from such judgment in the same manner

SB3444 - 34 - LRB103 38699 RLC 68836 b
provided for an appeal from a conviction in a criminal case.
(g) At the expiration of an extended period of treatment
ordered pursuant to subsection (d) of this Section:
(1) Upon a finding that the defendant is fit or can be
rendered fit consistent with special provisions or
assistance pursuant to Section 104-22 if in custody, the
Court shall, within 48 hours, order the sheriff to return
the defendant to the County and the Court court may
otherwise proceed with trial.
(2) If the defendant continues to be unfit to stand
trial, the Court court shall determine whether the
defendant he or she is subject to involuntary admission
under the Mental Health and Developmental Disabilities
Code or constitutes a serious threat to the public safety.
If so found, the defendant shall be remanded to the
Department of Human Services for further treatment and
shall be treated in the same manner as a civilly committed
patient for all purposes, except that the defendant shall
be placed in a secure setting unless the court determines
that there are compelling reasons why such placement is
not necessary. In addition, the criminal original court
having jurisdiction over the defendant shall be required
to approve any conditional release or discharge of the
defendant, for the period of commitment equal to the
maximum sentence to which the defendant would have been
subject had the defendant he or she been convicted in the

SB3444 - 35 - LRB103 38699 RLC 68836 b
underlying a criminal proceeding. The Court shall
calculate the maximum period of civil commitment under
this subsection and no credits may be applied against such
term other than those considered and applied by the Court.
During this period of commitment, the original court
having jurisdiction over the defendant shall hold hearings
under clause (i) of this paragraph (2). However, if the
defendant is remanded to the Department of Human Services,
the defendant shall be placed in a secure setting unless
the court determines that there are compelling reasons why
such placement is not necessary.
If the defendant does not have a current treatment
plan, then within 3 days of admission under this
subsection subdivision (g)(2), the defendant's treatment
supervisor shall submit a treatment plan to the Court, the
State, and the defense shall be prepared for each
defendant and entered into his or her record. The plan
shall include (i) an assessment of the defendant's
treatment needs, (ii) a description of the services
recommended for treatment, (iii) the goals of each type of
element of service, (iv) an anticipated timetable for the
accomplishment of the goals, and (v) a designation of the
qualified professional responsible for the implementation
of the plan. The plan shall be reviewed and updated as the
clinical condition warrants, but not less than every 30
days.

SB3444 - 36 - LRB103 38699 RLC 68836 b
Every 90 days after the entry of an initial admission
order under this subsection subdivision (g)(2), the
defendant's treatment supervisor facility director shall
submit file a progress typed treatment plan report to the
Court, the State, and the defense with the original court
having jurisdiction over the defendant. The report shall
include an opinion as to whether the defendant is: (i) fit
to stand trial, or (ii) if not, and whether the defendant
is currently subject to involuntary admission. If so, the
treatment supervisor shall also state whether the
defendant is , in need of mental health services on an
inpatient basis, or in need of mental health services on
an outpatient basis. The report shall also summarize the
basis for those findings and provide a current summary of
the 5 items required in a treatment plan. A copy of the
report shall be forwarded to the Clerk clerk of the
Circuit Court to be filed in accordance with Section
104-19 with a copy provided to the State and the defense,
if the defendant is represented by counsel. If the report
states that the defendant is fit to stand trial, the Court
shall conduct a fitness hearing. If the defendant is found
fit, the Court shall, within 48 hours, order the County
sheriff to return the defendant to the county jail to
stand trial.
Upon request of the defendant's treatment supervisor,
the State, the defense, or on the Court's court, the State's

SB3444 - 37 - LRB103 38699 RLC 68836 b
Attorney, and the defendant's attorney if the defendant is
represented by counsel. The court on its own motion, it may
order a hearing to review the treatment plan. The defendant or
the State's Attorney may request a treatment plan review every
90 days and the court shall review the current treatment plan
to determine whether the plan complies with the requirements
of this Section. The Court court may also order an independent
examination of the defendant on its own initiative or at the
request of and shall order such an evaluation if either the
defense recipient or the State State's Attorney so requests
and has demonstrated to the court that the plan cannot be
effectively reviewed by the court without such an examination.
Under no circumstances shall the Court court be required to
order an independent examination pursuant to this Section.
However, if it does, it may not do so more than once each
12-month period year. The examination shall be conducted by a
psychiatrist or clinical psychologist as defined in Section
1-103 of the Mental Health and Developmental Disabilities Code
who is not in the employ of the Department of Human Services.
If, during the period within which the defendant is
confined in a secure setting, the Court court enters an
order that requires the defendant to appear, the Court
court shall timely transmit a copy of the order or writ to
the director of the hospital
, particular Department of
Human Services facility or program providing services to
the defendant where the defendant resides authorizing the

SB3444 - 38 - LRB103 38699 RLC 68836 b
transportation of the defendant to the Court court for the
purpose of the hearing.
(i) 180 days after a defendant is remanded to the
Department of Human Services, under paragraph (2) of
subsection (g) paragraph (2), and every 180 days
thereafter for so long as the defendant is confined
under the order entered thereunder, the Court court
shall set a hearing and shall direct that notice of the
time and place of the hearing be served upon the
defendant, the facility director, the State's
Attorney, and the defendant's attorney. If requested
by either the State or the defense or if the Court
court determines that it is appropriate, an impartial
examination of the defendant by a psychiatrist or
clinical psychologist as defined in Section 1-103 of
the Mental Health and Developmental Disabilities Code
who is not in the employ of the Department of Human
Services shall be ordered, and the report considered
at the time of the hearing. If the defendant is not
currently represented by counsel, the Court court
shall appoint the public defender to represent the
defendant at the hearing. The Court court shall make a
finding as to whether the defendant is: (A) subject to
involuntary admission and, if so, whether the
defendant is ; or (B) in need of mental health services
in the form of inpatient care; or (C) in need of mental

SB3444 - 39 - LRB103 38699 RLC 68836 b
health services on an outpatient basis but not subject
to involuntary admission nor inpatient care.
The findings of the Court court shall be established
by clear and convincing evidence and the burden of
proof and the burden of going forward with the
evidence shall rest with the State State's Attorney.
The Court Upon finding by the court, the court shall
enter its findings on and an appropriate order.
(ii) The terms "subject to involuntary admission",
"in need of mental health services in the form of
inpatient care" and "in need of mental health services
on an outpatient basis but not subject to involuntary
admission nor inpatient care" shall have the meanings
ascribed to them in clause (a-1) (d)(3) of Section
5-2-4 of the Unified Code of Corrections.
(3) If the defendant is not committed pursuant to this
Section, the defendant he or she shall be released.
(4) In no event may the treatment period be extended
to exceed the maximum sentence to which a defendant would
have been subject had the defendant he or she been
convicted in the a criminal proceeding on the most serious
offense. For purposes of this Section, the maximum
sentence shall be determined by Section 5-8-1 (730 ILCS
5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code
of Corrections", excluding any sentence of natural life.
(5) If the treatment supervisor reports the defendant

SB3444 - 40 - LRB103 38699 RLC 68836 b
as fit, the Court shall immediately, within 48 hours,
order the sheriff to return the defendant to the county
jail to stand trial, plead, or be sentenced.
(Source: P.A. 95-1052, eff. 7-1-09.)
(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
Sec. 104-26. Disposition of Defendants suffering
disabilities.
(a) A defendant convicted following a trial conducted
under the provisions of Section 104-22 shall not be sentenced
before a written presentence report of investigation is
presented to and considered by the Court court. The
presentence report shall be prepared pursuant to Sections
5-3-2, 5-3-3 and 5-3-4 of the Unified Code of Corrections, as
now or hereafter amended, and shall include a physical and
mental examination unless the Court court finds that the
reports of prior physical and mental examinations conducted
pursuant to this Article are adequate and recent enough so
that additional examinations would be unnecessary.
(b) (Blank).
(c) A defendant convicted following a trial under Section
104-22 shall be sentenced according to the procedures and
dispositions authorized under the Unified Code of Corrections,
as now or hereafter amended, subject to the following
provisions:
(1) The Court court shall not impose a sentence of

SB3444 - 41 - LRB103 38699 RLC 68836 b
imprisonment upon the offender if the Court court believes
that because of his disability a sentence of imprisonment
would not serve the ends of justice and the interests of
society and the offender or that because of a his
disability, a sentence of imprisonment would subject the
offender to excessive hardship. In addition to any other
conditions of a sentence of conditional discharge or
probation, the Court court may require that the offender
undergo treatment appropriate for the defendant's to his
mental or physical condition.
(2) (Blank). After imposing a sentence of imprisonment
upon an offender who has a mental disability, the court
may remand him to the custody of the Department of Human
Services and order a hearing to be conducted pursuant to
the provisions of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended. If the
offender is committed following such hearing, he shall be
treated in the same manner as any other civilly committed
patient for all purposes except as provided in this
Section. If the defendant is not committed pursuant to
such hearing, he shall be remanded to the sentencing court
for disposition according to the sentence imposed.
(3) If the Court court imposes a sentence of
imprisonment upon an offender who has a mental disability
but does not proceed under subparagraph (2) of paragraph
(c) of this Section, it shall order the Department of

SB3444 - 42 - LRB103 38699 RLC 68836 b
Corrections to proceed pursuant to Section 3-8-5 of the
Unified Code of Corrections, as now or hereafter amended.
(3.5) If the Court court imposes a sentence of
imprisonment upon an offender who has a mental disability,
it the court shall direct the Clerk of the Circuit Court
circuit court clerk to immediately notify the Illinois
State Police, Firearm Owner's Identification (FOID)
Office, in a form and manner prescribed by the Illinois
State Police and shall forward a copy of the court order to
the Department.
(4) If the Court court imposes a sentence of
imprisonment upon an offender who has a physical
disability, it may authorize the Department of Corrections
to place the offender in a public or private facility
which is able to provide care or treatment for the
offender's disability and which agrees to do so.
(5) When an offender is placed with the Department of
Human Services or another facility pursuant to
subparagraph (2) or (4) of this paragraph (c), the public
or Department or private facility shall not discharge or
allow the offender to be at large in the community without
prior approval of the Court court. If the defendant is
placed in the custody of the Department of Human Services,
the defendant shall be placed in a secure setting unless
the court determines that there are compelling reasons why
such placement is not necessary. The offender shall accrue

SB3444 - 43 - LRB103 38699 RLC 68836 b
all good time credits as determined by the Court while in
the custody of the public or private facility and shall be
eligible for parole in the same manner as if the offender
he were serving the defendant's his sentence within the
Department of Corrections. If the sentence has not yet
expired when When the offender no longer requires
hospitalization, care, or treatment, the public or private
Department of Human Services or the facility shall
transfer the offender him, if his sentence has not
expired, to the Department of Corrections. If an offender
is transferred to the Department of Corrections, the
facility Department of Human Services shall transfer to
the Department of Corrections all related records
pertaining to length of custody and treatment services
provided during the time the offender was held.
(6) The Department of Corrections shall notify the
public or private Department of Human Services or a
facility in which an offender has been placed pursuant to
subparagraph (2) or (4) of paragraph (c) of this Section
of the expiration of the his sentence. Thereafter, an
offender so placed in the Department of Human Services
shall continue to be treated pursuant to the defendant's
his commitment order and shall be considered a civilly
committed patient for all purposes including discharge. An
offender who is in a facility pursuant to subparagraph (4)
of paragraph (c) of this Section shall be informed by the

SB3444 - 44 - LRB103 38699 RLC 68836 b
facility of the expiration of his sentence, and shall
either consent to the continuation of the defendant's his
care or treatment by the facility, or shall be discharged.
(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
(725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
Sec. 104-30. Notice to Law Enforcement Agencies Regarding
Release of Defendants.
(a) Prior to the release by the Department of Human
Services of any person admitted pursuant to any provision of
this Article, the Department of Human Services shall give
written notice to the Sheriff of the county from which the
defendant was admitted. In cases where the arrest of the
defendant or the commission of the offense took place in any
municipality with a population of more than 25,000 persons,
the Department of Human Services shall also give written
notice to the proper law enforcement agency for said
municipality, provided the municipality has requested such
notice in writing.
(b) Where a defendant in the custody of the Department of
Human Services under any provision of this Article is released
pursuant to an order of court, the Clerk clerk of the Circuit
Court circuit court shall, after the entry of the order,
transmit a certified copy of the order of release to the
Department of Human Services and the Sheriff of the county
from which the defendant was admitted. In cases where the

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arrest of the defendant or the commission of the offense took
place in any municipality with a population of more than
25,000 persons, the Clerk of the Circuit Court circuit court
shall also send a certified copy of the order of release to the
proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
(Source: P.A. 89-507, eff. 7-1-97.)
(725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
Sec. 104-31. No defendant placed in a setting of the
Department of Human Services pursuant to the provisions of
Sections 104-17, 104-25, or 104-26 shall be permitted outside
the facility's housing unit unless escorted or accompanied by
personnel of the Department of Human Services or authorized by
court order. Any defendant, transported to court hearings or
other necessary appointments off facility grounds by personnel
of the Department of Human Services, may be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant and
the safety of Department of Human Services personnel and
others. These security measures shall not constitute restraint
as defined in the Mental Health and Developmental Disabilities
Code. Nor shall any defendant be permitted any off-grounds
privileges, either with or without escort by personnel of the
Department of Human Services or any unsupervised on-ground
privileges, unless such off-grounds or unsupervised on-grounds

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privileges have been approved by specific court order, which
order may include such conditions on the defendant as the
court may deem appropriate and necessary to reasonably assure
the defendant's satisfactory progress in treatment and the
safety of the defendant or others. Whenever the Court court
receives a report from the supervisor of the defendant's
treatment recommending the defendant for any off-grounds or
unsupervised on-grounds privileges, the Court court shall set
the matter for a first hearing within 21 days unless good cause
is demonstrated why the hearing cannot be held. The changes
made to this Section by this amendatory Act of the 96th General
Assembly are declarative of existing law and shall not be
construed as a new enactment.
(Source: P.A. 98-1025, eff. 8-22-14.)
(725 ILCS 5/104-27 rep.)
(725 ILCS 5/104-28 rep.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 104-27 and 104-28.
SB3444 - 47 - LRB103 38699 RLC 68836 b
INDEX
Statutes amended in order of appearance