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
 
SB3444LRB103 38699 RLC 68836 b


1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Sections 104-10, 104-11, 104-12, 104-13, 
6104-14, 104-15, 104-16, 104-17, 104-18, 104-19, 104-20, 
7104-21, 104-22, 104-23, 104-24, 104-25, 104-26, 104-27, 
8104-28, 104-29, 104-30, and 104-31 and by adding Section 
9102-24 as follows:

10 (725 ILCS 5/102-24 new)
11 Sec. 102-24. Treatment supervisor, supervisor of the 
12defendant's treatment, person supervising the defendant's 
13treatment, or qualified professional. "Treatment supervisor", 
14"supervisor of the defendant's treatment", "person supervising 
15the defendant's treatment", or "qualified professional" as 
16referenced in Article 104 means the person in charge of 
17overseeing fitness restoration for the defendant and may be a 
18physician, physician assistant, psychiatrist, clinical 
19psychologist, nurse practitioner, licensed clinical social 
20worker, or nurse who is working under the supervision of a 
21properly licensed physician, psychiatrist, or clinical 
22psychologist.

 
 
SB3444- 2 -LRB103 38699 RLC 68836 b


1 (725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
2 Sec. 104-10. Presumption of Fitness; Fitness Standard.) A 
3defendant is presumed to be fit to stand trial or to plead, and 
4be sentenced. A defendant is unfit if, because of the 
5defendant's his mental or physical condition, the defendant he 
6is unable to either understand the nature and purpose of the 
7proceedings against the defendant him or to meaningfully 
8assist in the defendant's his defense.
9(Source: P.A. 81-1217.)

10 (725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
11 Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a) 
12The issue of the defendant's fitness for trial, to plead, or to 
13be sentenced may be raised by the defense, the State or the 
14Court at any appropriate time before a plea is entered or 
15before, during, or after trial. When a bonafide doubt of the 
16defendant's fitness is raised, the Court court shall order a 
17determination of the issue by the county's expert before 
18proceeding further.
19 However, no order entered pursuant to this subsection 
20shall prevent further proceedings in the case. An expert so 
21appointed shall examine the defendant and make a report as 
22provided in Section 104-15. Upon the filing with the Court of a 
23verified statement of services rendered, the Court shall enter 
24an order directed to the county board to pay such expert a 
25reasonable fee as stated in the order. 
 
 
SB3444- 3 -LRB103 38699 RLC 68836 b


1 (b) (Blank). Upon request of the defendant that a 
2qualified expert be appointed to examine him or her to 
3determine prior to trial if a bonafide doubt as to his or her 
4fitness to stand trial may be raised, the court, in its 
5discretion, may order an appropriate examination. However, no 
6order entered pursuant to this subsection shall prevent 
7further proceedings in the case. An expert so appointed shall 
8examine the defendant and make a report as provided in Section 
9104-15. Upon the filing with the court of a verified statement 
10of services rendered, the court shall enter an order on the 
11county board to pay such expert a reasonable fee stated in the 
12order.
13 (c) When a bonafide doubt of the defendant's fitness has 
14been raised, the burden of proving that the defendant is fit by 
15a preponderance of the evidence and the burden of going 
16forward with the evidence are on the State. However, the Court 
17court may call its own witnesses and conduct its own inquiry.
18 (d) Following a finding of unfitness, the Court court may 
19hear and rule on any pretrial motion or motions if the 
20defendant's presence is not essential to a fair determination 
21of the issues. A motion may be reheard upon a showing that 
22evidence is available which was not previously available, due 
23to the defendant's unfitness, when the motion was first 
24decided.
25(Source: P.A. 81-1217.)

 
 
SB3444- 4 -LRB103 38699 RLC 68836 b


1 (725 ILCS 5/104-12) (from Ch. 38, par. 104-12)
2 Sec. 104-12. Right to Jury.) The issue of the defendant's 
3fitness may be determined in the first instance by the Court 
4court or by a jury. The defense or the State may demand a jury 
5or the Court court on its own motion may order a jury. However, 
6when the issue is raised after trial has begun or after 
7conviction but before sentencing, or when the issue is to be 
8redetermined under Section 104-20 or 104-27, the issue shall 
9be determined by the Court court.
10(Source: P.A. 81-1217.)

11 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
12 Sec. 104-13. Fitness examination. 
13 (a) When the issue of fitness involves the defendant's 
14mental condition, the Court court shall order an examination 
15of the defendant by one or more licensed physicians, clinical 
16psychologists, or psychiatrists chosen by the Court court. No 
17physician, or other person clinical psychologist or 
18psychiatrist employed by the Department of Human Services 
19shall be ordered to perform, in the person's his official 
20capacity, an examination under this subsection Section.
21 (b) If the issue of fitness involves the defendant's 
22physical condition, the Court court shall appoint one or more 
23physicians and in addition, such other experts as it may deem 
24appropriate to examine the defendant and to report to the 
25Court court regarding the defendant's condition. No physician 
 
 
SB3444- 5 -LRB103 38699 RLC 68836 b


1or other person employed by the Department of Human Services 
2shall be ordered to perform, in the person's official 
3capacity, an examination under this subsection. 
4 (c) An initial fitness examination ordered under this 
5Section shall be given at the place designated by the person 
6who will conduct the examination, except that if the defendant 
7is being held in custody, the examination shall take place at 
8such location as the Court court directs. No examinations 
9under this Section shall be ordered to take place at mental 
10health or developmental disabilities facilities operated by 
11the Department of Human Services. If the defendant fails to 
12keep appointments without reasonable cause or if the county 
13expert person conducting the examination reports to the Court 
14court that diagnosis requires hospitalization or extended 
15observation, the Court court may order the defendant admitted 
16to an appropriate facility for an examination, other than an 
17initial fitness examination or placement a screening 
18examination, for not more than 7 days. The Court court may, 
19upon a showing of good cause, grant an additional 7 days to 
20complete the examination and submit a diagnosis to the Court.
21 (d) Release on pretrial release or on recognizance shall 
22not be revoked and an application therefor shall not be denied 
23on the grounds that an examination has been ordered, unless 
24the Court has determined that the defendant must remain in 
25custody for the defendant's own safety or the safety of 
26others.
 
 
SB3444- 6 -LRB103 38699 RLC 68836 b


1 (e) Upon request by the defense and if the defendant is 
2indigent, the Court court may appoint, in addition to the 
3expert or experts chosen pursuant to subsection (a) of this 
4Section, a qualified expert selected by the defendant to 
5examine him and to make a report as provided in Section 104-15. 
6Upon the filing with the Court court of a verified statement of 
7services rendered, the Court court shall enter an order on the 
8county board to pay such expert a reasonable fee stated in the 
9order.
10(Source: P.A. 101-652, eff. 1-1-23.)

11 (725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
12 Sec. 104-14. Use of Statements Made During Examination or 
13Treatment.) (a) Statements made by the defendant and 
14information gathered in the course of any examination or 
15treatment ordered under Section 104-13, 104-17 or 104-20 shall 
16not be admissible against the defendant unless the defendant 
17he raises the defense of insanity or the defense of drugged or 
18intoxicated condition, in which case they shall be admissible 
19only on the issue of whether the defendant he was insane, 
20drugged, or intoxicated. The refusal of the defendant to 
21cooperate in such examinations shall not preclude the raising 
22of the aforesaid defenses but shall preclude the defendant 
23from offering expert evidence or testimony tending to support 
24such defenses if the expert evidence or testimony is based 
25upon the expert's examination of the defendant.
 
 
SB3444- 7 -LRB103 38699 RLC 68836 b


1 (b) Except as provided in paragraph (a) of this Section, 
2no statement made by the defendant in the course of any 
3examination or treatment ordered under Section 104-13, 104-17 
4or 104-20, which relates to the crime charged or to other 
5criminal acts, shall be disclosed by persons conducting the 
6examination or rendering the treatment, except to members of 
7the examining or treating team. The defendant, however, may 
8consent to the release of such information if the defendant is 
9competent to do so. , without the informed written consent of 
10the defendant, who is competent at the time of giving such 
11consent.
12 (c) The Court court shall advise the defendant of the 
13limitations on the use of any statements made or information 
14gathered in the course of the fitness examination or 
15subsequent treatment as provided in this Section. It shall 
16also advise the defendant him that the defendant he may refuse 
17to cooperate with the person conducting the examination, but 
18that such his refusal may be admitted admissible into evidence 
19on the issue of the defendant's his mental or physical 
20condition.
21(Source: P.A. 81-1217.)

22 (725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
23 Sec. 104-15. Initial Fitness Report. 
24 (a) The person or persons conducting an initial fitness 
25examination of the defendant, pursuant to paragraph (a) or (b) 
 
 
SB3444- 8 -LRB103 38699 RLC 68836 b


1of Section 104-13 shall submit a written report to the Court 
2court, the State, and the defense within 30 days of the date of 
3the order. The report shall include:
4  (1) A diagnosis and an explanation as to how it was 
5 reached and the facts upon which it is based;
6  (2) A description of the defendant's mental or 
7 physical disability, if any; its severity; and an opinion 
8 as to whether and to what extent it impairs the 
9 defendant's ability to understand the nature and purpose 
10 of the proceedings against them him or to meaningfully 
11 assist in his defense, or both.
12 (b) If the report indicates that the defendant is not fit 
13to stand trial or to plead because of a disability, the report 
14shall include an opinion as to the likelihood of the defendant 
15attaining fitness within the statutory a period of time from 
16the date of the finding of unfitness if provided with a course 
17of treatment. For a defendant charged with a felony, the 
18period of time shall be one year. For a defendant charged with 
19a Class A or Class B misdemeanor, the period of time shall be 
20no longer than the maximum term of imprisonment for the most 
21serious offense. Defendants charged with Class C misdemeanors, 
22petty offenses, infraction of a municipal ordinance, or 
23violation of the Illinois Vehicle Code are not eligible for 
24fitness restoration services, unless the penalty therefore may 
25include incarceration for a period of 180 days or longer. If 
26the person or persons preparing the initial fitness report are 
 
 
SB3444- 9 -LRB103 38699 RLC 68836 b


1unable to form such an opinion, the report shall state the 
2reasons therefor. The report shall may include a general 
3description of the type of treatment needed and of the least 
4physically restrictive form of treatment therapeutically 
5appropriate.If the most serious charge facing the defendant is 
6a misdemeanor and inpatient treatment is recommended, the 
7report shall state reasons why outpatient treatment is not 
8appropriate.
9 (c) The initial fitness report shall indicate what 
10information, if any, contained therein may be harmful to the 
11mental condition of the defendant if made known to the 
12defendant and the Court may determine if the defendant is 
13restricted from receiving the report. him.
14 (d) In addition to the report, a person retained or 
15appointed by the Court State or the defense to conduct an 
16initial fitness examination under Section 13 shall, upon 
17written request, make the defendant's his or her notes, other 
18evaluations reviewed or relied uponby the testifying witness, 
19and any videotaped interviews available to another examiner of 
20the defendant. All forensic interviews conducted by a person 
21retained or appointed by the Court State or the defense shall 
22be videotaped unless doing so would be impractical. In the 
23event that the interview is not videotaped, the examiner may 
24still testify as to the person's fitness and the Court court 
25may only consider the lack of compliance in according the 
26weight and not the admissibility of the expert testimony. An 
 
 
SB3444- 10 -LRB103 38699 RLC 68836 b


1examiner may use these materials as part of the defendant's 
2his or her diagnosis and explanation but shall not otherwise 
3disclose the contents, including at a hearing before the Court 
4court, except as otherwise provided in Section 104-14 of this 
5Code. 
6(Source: P.A. 100-424, eff. 1-1-18.)

7 (725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
8 Sec. 104-16. Fitness Hearing.)  (a) The Court court 
9shall conduct a hearing to determine the issue of the 
10defendant's fitness within 45 days of receipt of the final 
11written report of the person or persons conducting the 
12examination or upon conclusion of the matter then pending 
13before it, subject to continuances allowed pursuant to Section 
14114-4 of this Act.
15 (b) Subject to the rules of evidence, matters admissible 
16on the issue of the defendant's fitness include, but are not 
17limited to, the following:
18 (1) The defendant's knowledge and understanding of the 
19charge, the proceedings, the consequences of a plea, judgment 
20or sentence, and the functions of the participants in the 
21trial process;
22 (2) The defendant's ability to observe, recollect and 
23relate occurrences, especially those concerning the incidents 
24alleged, and to effectively communicate with counsel;
25 (3) The defendant's social behavior and abilities; 
 
 
SB3444- 11 -LRB103 38699 RLC 68836 b


1orientation as to time and place; recognition of persons, 
2places and things; and performance of motor processes.
3 (c) The defendant has the right to be present at every 
4hearing on the issue of his fitness. The defendant's presence 
5may be waived only if there is filed with the Court court a 
6certificate stating that the defendant is physically unable to 
7be present due to a disability and the reasons therefor. The 
8certificate shall be signed by a licensed physician, physician 
9assistant, or nurse practitioner who, within 7 days, has 
10examined the defendant. A disability is a mental or physical 
11condition that, in the opinion of a physician, physician 
12assistant, or nurse practitioner, prevents the defendant from 
13safely attending a hearing in person. The defendant's mere 
14refusal to attend a hearing shall not by itself constitute a 
15disability. 
16 (d) On the basis of the evidence before it, the Court court 
17or jury shall determine whether the defendant is fit to stand 
18trial, or to plead or to be sentenced. If it finds that the 
19defendant is unfit, the Court court or the jury shall 
20determine whether there is substantial probability that the 
21defendant, if provided with a course of treatment, will attain 
22fitness within one year, except where the defendant is facing 
23either a Class A or B Misdemeanors, in which case the period of 
24time shall be no longer than the maximum for the most serious 
25offense. If the court or the jury finds that there is not a 
26substantial probability, the court shall proceed as provided 
 
 
SB3444- 12 -LRB103 38699 RLC 68836 b


1in Section 104-23. If such probability is found or if the Court 
2court or the jury is unable to determine whether a substantial 
3probability exists, the Court court shall order the defendant 
4to undergo treatment for the purpose of rendering them him 
5fit. In the event that a defendant is ordered to undergo 
6treatment with when there has been no initial determination as 
7to the probability of his attaining fitness within the 
8statutory timeframe, the Court court shall conduct a hearing 
9as soon as possible following the receipt of the treatment 
10supervisor's report filed pursuant to subsection (g) paragraph 
11(d) of Section 104-17, unless the hearing is waived by the 
12defense, and shall make a determination as to whether a 
13substantial probability of attaining fitness within the 
14statutory timeframe exists. If the Court or the jury finds 
15that there is not a substantial probability that the defendant 
16may be rendered fit within the statutory limitations, the 
17Court shall proceed as provided in Section 104-23. 
18 (e) An order finding the defendant unfit is a final order 
19for purposes of appeal by the State or the defendant.
20(Source: P.A. 81-1217.)

21 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
22 Sec. 104-17. Commitment for treatment; treatment plan. 
23 (a) If the defendant is eligible to be or has been released 
24on pretrial release or on the defendant's his own 
25recognizance, the Court court shall select the least 
 
 
SB3444- 13 -LRB103 38699 RLC 68836 b


1physically restrictive form of treatment therapeutically 
2appropriate and consistent with the safety of the defendant or 
3the safety of others. treatment plan. The treatment placement 
4may be ordered on either on an inpatient or an outpatient 
5basis. 
6 (b) If the defendant defendant's is unfit due to mental 
7illness or developmental disability as identified in the 
8Mental Health and Developmental Disabilities Code disability is 
9mental, the Court court may order them into the him placed for 
10secure treatment in the custody of the Department of Human 
11Services. , or The Court the court may also order the defendant 
12to be him placed in the custody of any other appropriate public 
13or private mental health facility or treatment program which 
14has agreed to provide treatment to the defendant. If the 
15defendant is remanded to the custody of the Department of 
16Human Services for inpatient services, the defendant shall be 
17placed in a secure setting. During the period of time required 
18to determine bed and placement availability at the designated 
19facility, the defendant shall remain in jail and the pretrial 
20release provisions of Section 110-2 do not apply. If the most 
21serious charge faced by the defendant is a Class A or Class B 
22misdemeanor, the Court court shall order outpatient treatment, 
23unless the Court court finds good cause on the record to order 
24secure, inpatient treatment. If the Court court orders the 
25defendant to inpatient treatment in the custody of the 
26Department of Human Services, the Department shall conduct a 
 
 
SB3444- 14 -LRB103 38699 RLC 68836 b


1placement screening evaluate the defendant to determine the 
2most appropriate placement option for secure facility to 
3receive the defendant and, within 20 days of the successful 
4transmittal by the Clerk of Circuit Court clerk of the circuit 
5court of the Court's court's placement order, if inpatient 
6treatment is most appropriate, notify the Court court of the 
7designated secure facility to receive the defendant. In such 
8case, the The Department shall admit the defendant to a secure 
9facility within 60 days of the transmittal of the Court's 
10remand court's placement order, unless the Department can 
11demonstrate good faith efforts at placement and a lack of bed 
12and placement availability. If placement cannot be made within 
1360 days of successful the transmittal of the Court's remand 
14court's placement order and the Department has demonstrated 
15good faith efforts at placement and a lack of bed and placement 
16availability, the Department shall provide the Court with an 
17update and shall continue an update to update the ordering 
18Court court every 30 days thereafter until the defendant is 
19placed. Once bed and placement availability is determined, the 
20Department shall notify the sheriff who shall promptly 
21transport the defendant to the designated facility. If the 
22defendant is placed in the custody of the Department of Human 
23Services, the defendant shall be placed in a secure setting. 
24During the period of time required to determine bed and 
25placement availability at the designated facility, the 
26defendant shall remain in jail. If during the course of 
 
 
SB3444- 15 -LRB103 38699 RLC 68836 b


1screening evaluating the defendant for placement, the 
2Department of Human Services determines that the defendant is 
3currently fit to stand trial, suitable for outpatient 
4treatment, or unfit without a substantial probability of being 
5rendered fit within the statutory timeframe, it shall 
6immediately notify the Court court and shall submit a written 
7report within 7 days. In any of those circumstances  that 
8circumstance the placement shall be held pending a Court court 
9hearing on the Department's report. Otherwise, upon completion 
10of the placement process, including identifying bed and 
11placement availability, the sheriff shall be notified and 
12shall transport the defendant to the designated facility. If, 
13within 60 days of the successful transmittal by the Clerk 
14clerk of the Circuit Court circuit court of the Court's remand 
15court's placement order, the Department has not provided the 
16Court fails to provide the sheriff with notice of bed and 
17placement availability at the designated facility, the sheriff 
18shall contact the Department to inquire about when a placement 
19will become available at the designated facility as well as 
20bed and placement availability at other secure facilities. The 
21Department shall respond to the sheriff within 2 business days 
22of the notice and inquiry by the sheriff seeking the transfer 
23and the Department shall provide the sheriff with the status 
24of the placement screening, currently designated facility 
25evaluation, information on bed and placement availability, and 
26an estimated date of admission for the defendant, and any 
 
 
SB3444- 16 -LRB103 38699 RLC 68836 b


1changes to the that estimated date of admission. If the 
2Department notifies the sheriff during the 2 business day 
3period of an alternate secure a facility operated by the 
4Department with current placement availability, the sheriff 
5shall promptly transport the defendant to that facility. The 
6placement may be ordered either on an inpatient or an 
7outpatient basis.
8 (c) If the defendant's disability is physical, the Court 
9court may order placement at a medical hospital or other 
10residential care facility or program that has agreed to 
11provide treatment to the defendant. Only such physical 
12conditions that may be overcome by special assistance or 
13provisions as referenced in Section 104-22 qualify as physical 
14disabilities under this subsection. him placed under the 
15supervision of the Department of Human Services which shall 
16place and maintain the defendant in a suitable treatment 
17facility or program, or the court may order him placed in an 
18appropriate public or private facility or treatment program 
19which has agreed to provide treatment to the defendant. The 
20placement may be ordered either on an inpatient or an 
21outpatient basis.
22 (d) If the defendant with mental disabilities is ordered 
23to outpatient treatment, the defendant shall be released from 
24custody with instructions to contact the Department of Human 
25Services to schedule the receipt of restoration services in 
26the community. A defendant who either fails to arrange for the 
 
 
SB3444- 17 -LRB103 38699 RLC 68836 b


1receipt of community restoration services or whom the 
2Department reports has failed to comply in any other respect 
3with the outpatient treatment order shall be remanded to the 
4Department pursuant to subsection (b) hereof to receive 
5inpatient services at a secure facility designated by the 
6Department.
7 (e) If the defendant is unfit due to a traumatic brain 
8injury or organic brain disease such as Alzheimer's or 
9dementia, or any other condition other than one treatable as a 
10mental illness or developmental disability, the Court may 
11order the defendant placed in a suitable public or private 
12treatment facility or program that has agreed to provide 
13treatment to the defendant. No person who has not been 
14determined to be unfit due to a condition identified in this 
15subsection (e) may be placed in a facility operated by the 
16Department of Human Services. 
17 (f) (d) The Clerk clerk of the Circuit Court circuit court 
18shall within 5 days of the entry of the order transmit to the 
19Department, hospital, facility, agency or program institution, 
20if any, to which the defendant is remanded for treatment, the 
21following:
22  (1) a certified copy of the order to undergo 
23 treatment. Accompanying the certified copy of the order to 
24 undergo treatment shall be the complete copy of any 
25 initial fitness report prepared under Section 104-15 of 
26 this Code or other report prepared by a forensic examiner 
 
 
SB3444- 18 -LRB103 38699 RLC 68836 b


1 for the court;
2  (2) the county and municipality in which the offense 
3 was committed;
4  (3) the county and municipality in which the arrest 
5 took place;
6  (4) a copy of the arrest report, criminal charges, 
7 arrest record; and 
8  (5) all additional matters which the Court directs the 
9 Clerk clerk to transmit.
10 (g) (e) Within 30 days of admission to the hospital, 
11facility or program designated under this Section facility, 
12the person supervising the defendant's treatment shall file 
13with the Court court, the State, and the defense a report 
14assessing the hospital's, facility's or program's capacity to 
15provide appropriate treatment for the defendant and indicating 
16an his opinion as to the probability of the defendant's 
17attaining fitness within a period of time from the date of the 
18finding of unfitness. For a defendant charged with a felony, 
19the period of time shall be one year. For a defendant charged 
20with a Class A or Class B misdemeanor, the period of time shall 
21be no longer than the sentence if convicted of the most serious 
22offense. Defendants charged with Class C misdemeanors, petty 
23offenses, infraction of a municipal ordinance, or violation of 
24the Illinois Vehicle Code are not eligible for fitness 
25restoration services, unless the statutory penalty therefor 
26may include a sentence for a period of 180 days or longer. If 
 
 
SB3444- 19 -LRB103 38699 RLC 68836 b


1the report indicates that there is a substantial probability 
2that the defendant will attain fitness within the statutory 
3time period, the treatment supervisor shall also file a 
4treatment plan which shall include:
5  (1) A diagnosis of the defendant's disability;
6  (2) A description of treatment goals with respect to 
7 rendering the defendant fit, a specification of the 
8 proposed treatment modalities, and an estimated timetable 
9 for attainment of the goals;
10  (3) An identification of the person in charge of 
11 supervising the defendant's treatment.
12(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)

13 (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
14 Sec. 104-18. Progress reports. 
15 (a) The treatment supervisor shall submit a written 
16progress report to the Court court, the State, and the 
17defense:
18  (1) At least 7 days prior to the date for any hearing 
19 on the issue of the defendant's fitness;
20  (2) Whenever he believes that the defendant has 
21 attained fitness, provided the treatment supervisor has 
22 been notified by the Court of such date sufficiently in 
23 advance;
24  (3) Whenever there is an opinion by the treatment 
25 supervisor he believes that there is not a substantial 
 
 
SB3444- 20 -LRB103 38699 RLC 68836 b


1 probability that the defendant will attain fitness, with 
2 treatment, within the statutory time period set in 
3 subsection (e) of Section 104-17 of this Code from the 
4 date of the original finding of unfitness.
5 (b) The progress report shall contain:
6  (1) The clinical findings of the treatment supervisor 
7 and the facts upon which the findings are based;
8  (2) The opinion of the treatment supervisor as to 
9 whether the defendant has attained fitness, or as to 
10 whether the defendant is making progress, under treatment, 
11 toward attaining fitness within the statutory time period 
12 set in subsection (e) of Section 104-17 of this Code from 
13 the date of the original finding of unfitness, or there is 
14 not a substantially probability that the defendant will 
15 attain fitness within the statutory time period;
16  (3) If the defendant is receiving medication, 
17 information from the prescribing physician indicating the 
18 type, the dosage and the effect of the medication on the 
19 defendant's appearance, actions and demeanor.
20 (c) Whenever the Court court is sent a report from the 
21supervisor of the defendant's treatment under either paragraph 
22(2) or (3) of subsection (a) of this Section it shall, within 
2348 hours, enter an order upon the Sheriff to return the 
24defendant to the County jail. Upon receipt of such order, the 
25treatment supervisor provider shall arrange directly with the 
26county sheriff jail for the immediate return of the defendant 
 
 
SB3444- 21 -LRB103 38699 RLC 68836 b


1to the county jail as provided under subsection (e) of Section 
2104-20 of this Code.
3 (d) Whenever the Court receives a report from the 
4supervisor of the defendant's treatment supervisor pursuant to 
5paragraph (2) or (3) of subsection (a) hereof, the Court shall 
6forthwith set the matter for a first hearing within 14 days, 
7unless good cause is demonstrated why the hearing cannot be 
8held within that time and shall set the hearing at the first 
9available opportunity thereafter. 
10(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)

11 (725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
12 Sec. 104-19. Records.) Any report filed of record with the 
13Court court concerning diagnosis, treatment or treatment plans 
14made pursuant to this Article shall not be placed in the 
15defendant's court record but shall be maintained separately by 
16the Clerk clerk of the Circuit Court court and shall be 
17available only to the Court court or an appellate court, the 
18State and the defense, the Department, a hospital, facility or 
19program which is providing treatment to the defendant pursuant 
20to an order of the Court court or such other persons as the 
21Court court may direct.
22(Source: P.A. 81-1217.)

23 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
24 Sec. 104-20. Ninety-day hearings; continuing treatment.)
 
 
SB3444- 22 -LRB103 38699 RLC 68836 b


1 (a) Upon entry or continuation of any order to undergo 
2fitness restoration treatment, the Court court shall set a 
3date for hearing to reexamine the issue of the defendant's 
4fitness not more than 90 days from the original finding of 
5unfitness and at 90-day intervals thereafter. The Clerk of the 
6Circuit Court shall notify the hospital, facility or program 
7providing treatment to the defendant of all upcoming hearing 
8dates. In addition, whenever the court receives a report from 
9the supervisor of the defendant's treatment pursuant to 
10subparagraph (3) of paragraph (a) of Section 104-18, the court 
11shall forthwith set the matter for a first hearing within 14 
12days unless good cause is demonstrated why the hearing cannot 
13be held. Unless waived by the defense, on On the date set or 
14upon conclusion of the matter then pending before it, the 
15Court court, sitting without a jury, shall conduct a hearing, 
16unless waived by the defense, and shall determine:
17  (1) Whether the defendant is fit to stand trial or to 
18 plead; or and if not,
19  (2) Whether the defendant is making progress under 
20 treatment toward attainment of fitness within the 
21 statutory time period set in subsection (e) of Section 
22 104-17 of this Code from the date of the original finding 
23 of unfitness; or .
24  (3) Whether there is not a substantial probability 
25 that the defendant may be restored to fitness within the 
26 statutory timeframe. 
 
 
SB3444- 23 -LRB103 38699 RLC 68836 b


1 (b) If the Court court finds the defendant to be fit 
2pursuant to this Section, the Court court shall set the matter 
3for trial and if in secure custody, order that the defendant be 
4returned to the County to stand trial. ; provided that if the 
5defendant is in need of continued care or treatment and the 
6supervisor of the defendant's treatment agrees to continue to 
7provide it, the court may enter any order it deems appropriate 
8for the continued care or treatment of the defendant by the 
9facility or program pending the conclusion of the criminal 
10proceedings.
11 (c) If the Court court finds that the defendant is still 
12unfit but that the defendant he is making progress toward 
13attaining fitness, the Court court may continue or modify the 
14its original treatment order entered pursuant to Section 
15104-17.
16 (d) If the Court court finds that the defendant is still 
17unfit and that the defendant he is not making progress toward 
18attaining fitness such that there is not a substantial 
19probability that he will attain fitness within the time 
20statutory period set in subsection (e) of Section 104-17 of 
21this Code from the date of the original finding of unfitness, 
22if in secure custody, the Court court shall order that the 
23defendant be returned to the County and shall otherwise 
24proceed pursuant to Section 104-23. However, if the defendant 
25is in need of continued care and treatment and the supervisor 
26of the defendant's treatment agrees to continue to provide it, 
 
 
SB3444- 24 -LRB103 38699 RLC 68836 b


1the court may enter any order it deems appropriate for the 
2continued care or treatment by the facility or program pending 
3the conclusion of the criminal proceedings.
4 (e) Whenever the Court court receives a report from the 
5supervisor of the defendant's treatment under paragraphs 
6paragraph (2) or (3) of subsection (a) of Section 104-18 of 
7this Code, the Court court shall, within 48 hours, immediately 
8enter an order directing the sheriff to return the defendant 
9to the county jail and set the matter for trial. At any time 
10thereafter, the issue of the defendant's fitness can be raised 
11again under Section 104-11 of this Code. If the Court court 
12finds that the defendant is still unfit after being 
13recommended as fit by the supervisor of the defendant's 
14treatment and, that it is substantially probable that the 
15defendant may be restored to fitness within the statutory 
16timeframe, the Court court shall attach a copy of any written 
17report that identifies the relevant factors in favor thereof 
18the finding that the defendant continues to be unfit, prepared 
19by a licensed physician, clinical psychologist, or 
20psychiatrist, to the court order remanding the person for 
21further treatment. 
22(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)

23 (725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
24 Sec. 104-21. Medication. 
25 (a) A defendant who is ordered into the custody of the 
 
 
SB3444- 25 -LRB103 38699 RLC 68836 b


1Department of Human Services after a finding of unfitness is 
2subject to the involuntary administration of medication under 
3Section 2-107.1 of the Mental Health and Developmental 
4Disabilities Code. The petition may be filed in either the 
5county where the defendant is located or with the Court having 
6jurisdiction over the defendant. A defendant receiving 
7psychotropic drugs shall not be presumed to be unfit to stand 
8trial solely by virtue of the receipt of those drugs or 
9medications.
10 (a-5) The court-ordered custodian of a defendant who is 
11subject to the involuntary administration of medication under 
12this Section shall be entitled to receive the treatment notes, 
13records and reports relative to the defendant upon written 
14request., A prior treatment provider who is provided with a 
15copy of the Court's custody order shall respond to the 
16custodian's records request within 5 business days. No records 
17received pursuant to this Section may be used for any purposes 
18except to determine whether the defendant meets the criteria 
19for court-ordered treatment under Section 2-107.1 or to 
20prepare for and participate in hearings under Section 2-107.1. 
21 (a-7) A petition filed on behalf of a defendant who is in 
22custody under this Article shall be heard within 7 days, 
23unless good cause is stated on the record why the hearing 
24cannot be so held within the statutory timeframe. In no event, 
25however, shall such hearing be delayed beyond 14 days from the 
26date the petition is filed. The Court shall adjudicate the 
 
 
SB3444- 26 -LRB103 38699 RLC 68836 b


1petition within 3 working days of the conclusion of the 
2medication hearing. 
3 (b) Whenever a defendant who is receiving medication under 
4medical direction is transferred between a place of custody 
5and a treatment facility or program, a written report from the 
6prescribing physician shall accompany the defendant. The 
7report shall state the type and dosage of the defendant's 
8medication and the duration of the prescription. The chief 
9officer of the place of custody or the treatment supervisor at 
10the facility or program shall insure that such medication is 
11provided according to the directions of the prescribing 
12physician or until superseded by order of a physician who has 
13examined the defendant.
14 (c) (Blank). If a defendant refuses psychotropic 
15medication, it may be administered over the defendant's 
16objections in accord with the Mental Health and Developmental 
17Disabilities Code. If court authorized medications are sought, 
18the petition, prepared in accord with Section 2-107.1 of the 
19Mental Health and Developmental Disabilities Code may be filed 
20in the county where the defendant is located or with the court 
21having jurisdiction over the defendant. 
22(Source: P.A. 98-1025, eff. 8-22-14.)

23 (725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
24 Sec. 104-22. Trial with special provisions and 
25assistance.) (a) On motion of the defendant, the State or on 
 
 
SB3444- 27 -LRB103 38699 RLC 68836 b


1the Court's court's own accord motion, the Court court shall 
2determine whether special provisions or assistance will render 
3the defendant fit to stand trial as defined in Section 104-10.
4 (b) Such special provisions or assistance may include but 
5are not limited to:
6  (1) The administration of medication. 
7  (2) (1) Appointment of qualified translators who shall 
8 simultaneously translate all testimony at trial into 
9 language understood by the defendant.
10  (3) (2) Appointment of experts qualified to assist a 
11 defendant who because of a disability is unable to 
12 understand the proceedings or communicate with his or her 
13 attorney.
14 (c) The case may proceed to trial only if the Court court 
15determines that such provisions or assistance compensate for a 
16defendant's disabilities so as to render the defendant fit as 
17defined in Section 104-10. In such cases the Court court shall 
18state for the record the following:
19 (1) The qualifications and experience of the experts or 
20other persons appointed to provide special assistance to the 
21defendant;
22 (2) The Court's court's reasons for selecting or 
23appointing the particular experts or other persons to provide 
24the special assistance to the defendant;
25 (3) How the appointment of the particular expert or other 
26persons will serve the goal of rendering the defendant fit in 
 
 
SB3444- 28 -LRB103 38699 RLC 68836 b


1view of the appointee's qualifications and experience, taken 
2in conjunction with the particular disabilities of the 
3defendant; and
4 (4) Any other factors considered by the court in 
5determining that the defendant is fit with special provisions 
6or assistance. appointing that individual.
7(Source: P.A. 81-1217.)

8 (725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
9 Sec. 104-23. Unfit defendants. Cases involving an unfit 
10defendant who demands a discharge hearing or a defendant whom 
11the defendant's treatment supervisor has reported as unfit 
12without a substantial probability of attaining fitness within 
13the statutory time period who cannot become fit to stand trial 
14and for whom no special provisions or assistance can 
15compensate for his disability and render him fit shall proceed 
16in the following manner:
17 (a) Upon a determination that there is not a substantial 
18probability that the defendant will attain fitness within the 
19time period set in subsection (e) of Section 104-17 of this 
20Code from the original finding of unfitness, the court The 
21Court shall hold a discharge hearing within 14 60 days, unless 
22good cause is shown for the delay.
23 (b) If at the hearing at any time the Court court 
24determines that there is not a substantial probability that 
25the defendant will attain fitness become fit to stand trial or 
 
 
SB3444- 29 -LRB103 38699 RLC 68836 b


1to plead within the statutory time period it shall proceed as 
2follows: set in subsection (e) of Section 104-17 of this Code 
3from the date of the original finding of unfitness, or if at 
4the end of the time period set in subsection (e) of Section 
5104-17 of this Code from that date the court finds the 
6defendant still unfit and for whom no special provisions or 
7assistance can compensate for his disabilities and render him 
8fit, the State shall request the court:
9  (1) To set the matter for a discharge hearing pursuant 
10 to Section 25 hereof 104-25 unless a hearing has already 
11 been held pursuant to paragraph (a) of this Section; or
12  (2) To release the defendant from custody and to 
13 dismiss with prejudice the charges against them him; or
14  (3) To remand the defendant to the custody of the 
15 Department of Human Services and order an involuntary 
16 civil commitment a hearing to be conducted pursuant to the 
17 provisions of the Mental Health and Developmental 
18 Disabilities Code, as now or hereafter amended. The 
19 Department of Human Services shall have 7 days from the 
20 date it receives the defendant to prepare and file the 
21 necessary petition and certificates that are required for 
22 commitment on an inpatient or outpatient basis under the 
23 Mental Health and Developmental Disabilities Code subject 
24 to a 7 day extension upon a showing of good cause. If the 
25 defendant is committed to the Department of Human Services 
26 pursuant to such hearing, the court having jurisdiction 
 
 
SB3444- 30 -LRB103 38699 RLC 68836 b


1 over the criminal matter shall dismiss the charges against 
2 the defendant, with the leave to reinstate. In such cases 
3 the Department of Human Services shall notify the Court 
4 court, the State's attorney and the defense attorney upon 
5 the discharge of the defendant. A former defendant so 
6 committed shall be otherwise treated in the same manner as 
7 any other civilly committed patient for all purposes 
8 including admission, selection of the place of treatment 
9 and the treatment modalities, entitlement to rights and 
10 privileges, transfer, and discharge. If the defendant does 
11 not qualify for involuntary commitment, but has expressed 
12 a willingness to be admitted on a voluntary basis and the 
13 facility director determines that the defendant is 
14 clinically suitable for voluntary admission, the 
15 Department shall so advise the Court, the State and the 
16 defense. The Court may consider this factor in determining 
17 whether to proceed under subparagraph (1) or (2) of 
18 paragraph (b) of this Section. Should the Court dismiss 
19 with prejudice the charges against the defendant, the 
20 defendant shall then be admitted to the Department on a 
21 voluntary basis pursuant to the Mental Health and 
22 Developmental Disabilities Code as now or hereafter 
23 amended. If a defendant who does not qualify for 
24 involuntary commitment is unwilling or unsuitable for 
25 voluntary admission, the Department shall so advise the 
26 Court, the State and the defense. Upon receipt of such a 
 
 
SB3444- 31 -LRB103 38699 RLC 68836 b


1 notice, the Court A defendant who is not committed shall , 
2 within 48 hours, enter an order for the sheriff to 
3 transport the defendant to the county jail be remanded to 
4 the court having jurisdiction of the criminal matter for 
5 further disposition pursuant to subsection subparagraph 
6 (1) or (2) of paragraph (b) of this Section.
7 (c) Where charges have not been dismissed with prejudice, 
8if If the defendant is later restored to fitness and the 
9original charges against him are reinstated, the speedy trial 
10provisions of Section 103-5 shall commence to run.
11(Source: P.A. 102-1118, eff. 1-18-23.)

12 (725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
13 Sec. 104-24. Time Credit. Time spent in custody pursuant 
14to orders issued under this Article Section 104-17 or 104-20 
15or pursuant to a commitment to the Department of Human 
16Services following a finding of unfitness or incompetency 
17under prior law, shall be credited against any sentence 
18imposed on the defendant in the pending criminal case or in any 
19other case arising out of the same conduct. The Court shall 
20calculate the time credit to be applied when considering the 
21maximum period of time that a defendant may remain in custody. 
22The Department of Human Services shall not be authorized to 
23independently apply or calculate time credit. 
24(Source: P.A. 89-507, eff. 7-1-97.)

 
 
SB3444- 32 -LRB103 38699 RLC 68836 b


1 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
2 Sec. 104-25. Discharge hearing. 
3 (a) As provided for in paragraph (a) of Section 104-23 and 
4subparagraph (1) of paragraph (b) of Section 104-23 a hearing 
5to determine the sufficiency of the evidence shall be held. 
6Such hearing shall be conducted by the Court court without a 
7jury. The State and the defendant may introduce evidence 
8relevant to the question of defendant's guilt of the crime 
9charged.
10 The Court court may admit hearsay or affidavit evidence on 
11secondary matters such as testimony to establish the chain of 
12possession of physical evidence, laboratory reports, 
13authentication of transcripts taken by official reporters, 
14court and business records, and public documents.
15 (b) If the evidence presented by the State does not prove 
16the defendant guilty beyond a reasonable doubt, the Court 
17court shall enter a judgment of acquittal; however nothing 
18herein shall prevent the State from requesting the Court court 
19to commit the defendant to the Department of Human Services 
20under the provisions of the Mental Health and Developmental 
21Disabilities Code.
22 (c) If after considering the evidence, the defendant is 
23found not guilty by reason of insanity, the Court court shall 
24enter a judgment of acquittal and the proceedings after 
25acquittal by reason of insanity under Section 5-2-4 of the 
26Unified Code of Corrections shall apply.
 
 
SB3444- 33 -LRB103 38699 RLC 68836 b


1 (d) If the discharge hearing does not result in an 
2acquittal of the charge under subsection (b) or (c), the 
3defendant may be remanded for further treatment and the 
4statutory one year time limit for restoration set forth in 
5Section 104-23 shall be extended as follows: 
6  (1) If the most serious charge upon which the State 
7 sustained its burden of proof was a Class 1 or Class X 
8 felony, the treatment period may be extended up to a 
9 maximum treatment period of 2 years;
10  (1.1) If the most serious charge upon which the State 
11 sustained its burden of proof was if a Class 2, 3, or 4 
12 felony, the treatment period may be extended up to a 
13 maximum of 15 months; 
14  (2) If the State sustained its burden of proof on a 
15 charge of first degree murder, the treatment period may be 
16 extended up to a maximum treatment period of 5 years.
17  (3) Defendants facing misdemeanor charges are not 
18 subject to extension of the treatment period unless they 
19 are also facing felony charges on the same conduct. 
20 (e) Transcripts of testimony taken at a discharge hearing 
21may be admitted in evidence at a subsequent trial of the case, 
22subject to the rules of evidence, if the witness who gave such 
23testimony is legally unavailable at the time of the subsequent 
24trial.
25 (f) If the Court court fails to enter an order of acquittal 
26the defendant may appeal from such judgment in the same manner 
 
 
SB3444- 34 -LRB103 38699 RLC 68836 b


1provided for an appeal from a conviction in a criminal case.
2 (g) At the expiration of an extended period of treatment 
3ordered pursuant to subsection (d) of this Section: 
4  (1) Upon a finding that the defendant is fit or can be 
5 rendered fit consistent with special provisions or 
6 assistance pursuant to Section 104-22 if in custody, the 
7 Court shall, within 48 hours, order the sheriff to return 
8 the defendant to the County and the Court court may 
9 otherwise proceed with trial. 
10  (2) If the defendant continues to be unfit to stand 
11 trial, the Court court shall determine whether the 
12 defendant he or she is subject to involuntary admission 
13 under the Mental Health and Developmental Disabilities 
14 Code or constitutes a serious threat to the public safety. 
15 If so found, the defendant shall be remanded to the 
16 Department of Human Services for further treatment and 
17 shall be treated in the same manner as a civilly committed 
18 patient for all purposes, except that the defendant shall 
19 be placed in a secure setting unless the court determines 
20 that there are compelling reasons why such placement is 
21 not necessary. In addition, the criminal original court 
22 having jurisdiction over the defendant shall be required 
23 to approve any conditional release or discharge of the 
24 defendant, for the period of commitment equal to the 
25 maximum sentence to which the defendant would have been 
26 subject had the defendant he or she been convicted in the 
 
 
SB3444- 35 -LRB103 38699 RLC 68836 b


1 underlying a criminal proceeding. The Court shall 
2 calculate the maximum period of civil commitment under 
3 this subsection and no credits may be applied against such 
4 term other than those considered and applied by the Court. 
5 During this period of commitment, the original court 
6 having jurisdiction over the defendant shall hold hearings 
7 under clause (i) of this paragraph (2). However, if the 
8 defendant is remanded to the Department of Human Services, 
9 the defendant shall be placed in a secure setting unless 
10 the court determines that there are compelling reasons why 
11 such placement is not necessary. 
12  If the defendant does not have a current treatment 
13 plan, then within 3 days of admission under this 
14 subsection subdivision (g)(2), the defendant's treatment 
15 supervisor shall submit a treatment plan to the Court, the 
16 State, and the defense shall be prepared for each 
17 defendant and entered into his or her record. The plan 
18 shall include (i) an assessment of the defendant's 
19 treatment needs, (ii) a description of the services 
20 recommended for treatment, (iii) the goals of each type of 
21 element of service, (iv) an anticipated timetable for the 
22 accomplishment of the goals, and (v) a designation of the 
23 qualified professional responsible for the implementation 
24 of the plan. The plan shall be reviewed and updated as the 
25 clinical condition warrants, but not less than every 30 
26 days. 
 
 
SB3444- 36 -LRB103 38699 RLC 68836 b


1  Every 90 days after the entry of an initial admission 
2 order under this subsection subdivision (g)(2), the 
3 defendant's treatment supervisor facility director shall 
4 submit file a progress typed treatment plan report to the 
5 Court, the State, and the defense with the original court 
6 having jurisdiction over the defendant. The report shall 
7 include an opinion as to whether the defendant is: (i) fit 
8 to stand trial, or (ii) if not, and whether the defendant 
9 is currently subject to involuntary admission. If so, the 
10 treatment supervisor shall also state whether the 
11 defendant is , in need of mental health services on an 
12 inpatient basis, or in need of mental health services on 
13 an outpatient basis. The report shall also summarize the 
14 basis for those findings and provide a current summary of 
15 the 5 items required in a treatment plan. A copy of the 
16 report shall be forwarded to the Clerk clerk of the 
17 Circuit Court to be filed in accordance with Section 
18 104-19 with a copy provided to the State and the defense, 
19 if the defendant is represented by counsel. If the report 
20 states that the defendant is fit to stand trial, the Court 
21 shall conduct a fitness hearing. If the defendant is found 
22 fit, the Court shall, within 48 hours, order the County 
23 sheriff to return the defendant to the county jail to 
24 stand trial.
25  Upon request of the defendant's treatment supervisor, 
26the State, the defense, or on the Court's court, the State's 
 
 
SB3444- 37 -LRB103 38699 RLC 68836 b


1Attorney, and the defendant's attorney if the defendant is 
2represented by counsel. The court on its own motion, it may 
3order a hearing to review the treatment plan. The defendant or 
4the State's Attorney may request a treatment plan review every 
590 days and the court shall review the current treatment plan 
6to determine whether the plan complies with the requirements 
7of this Section. The Court court may also order an independent 
8examination of the defendant on its own initiative or at the 
9request of and shall order such an evaluation if either the 
10defense recipient or the State State's Attorney so requests 
11and has demonstrated to the court that the plan cannot be 
12effectively reviewed by the court without such an examination. 
13Under no circumstances shall the Court court be required to 
14order an independent examination pursuant to this Section. 
15However, if it does, it may not do so more than once each 
1612-month period year. The examination shall be conducted by a 
17psychiatrist or clinical psychologist as defined in Section 
181-103 of the Mental Health and Developmental Disabilities Code 
19who is not in the employ of the Department of Human Services. 
20  If, during the period within which the defendant is 
21 confined in a secure setting, the Court court enters an 
22 order that requires the defendant to appear, the Court 
23 court shall timely transmit a copy of the order or writ to 
24 the director of the hospital
 , particular Department of 
25 Human Services facility or program providing services to 
26 the defendant where the defendant resides authorizing the 
 
 
SB3444- 38 -LRB103 38699 RLC 68836 b


1 transportation of the defendant to the Court court for the 
2 purpose of the hearing. 
3   (i) 180 days after a defendant is remanded to the 
4 Department of Human Services, under paragraph (2) of 
5 subsection (g) paragraph (2), and every 180 days 
6 thereafter for so long as the defendant is confined 
7 under the order entered thereunder, the Court court 
8 shall set a hearing and shall direct that notice of the 
9 time and place of the hearing be served upon the 
10 defendant, the facility director, the State's 
11 Attorney, and the defendant's attorney. If requested 
12 by either the State or the defense or if the Court 
13 court determines that it is appropriate, an impartial 
14 examination of the defendant by a psychiatrist or 
15 clinical psychologist as defined in Section 1-103 of 
16 the Mental Health and Developmental Disabilities Code 
17 who is not in the employ of the Department of Human 
18 Services shall be ordered, and the report considered 
19 at the time of the hearing. If the defendant is not 
20 currently represented by counsel, the Court court 
21 shall appoint the public defender to represent the 
22 defendant at the hearing. The Court court shall make a 
23 finding as to whether the defendant is: (A) subject to 
24 involuntary admission and, if so, whether the 
25 defendant is ; or (B) in need of mental health services 
26 in the form of inpatient care; or (C) in need of mental 
 
 
SB3444- 39 -LRB103 38699 RLC 68836 b


1 health services on an outpatient basis but not subject 
2 to involuntary admission nor inpatient care. 
3  The findings of the Court court shall be established 
4 by clear and convincing evidence and the burden of 
5 proof and the burden of going forward with the 
6 evidence shall rest with the State State's Attorney. 
7 The Court Upon finding by the court, the court shall 
8 enter its findings on and an appropriate order. 
9   (ii) The terms "subject to involuntary admission", 
10 "in need of mental health services in the form of 
11 inpatient care" and "in need of mental health services 
12 on an outpatient basis but not subject to involuntary 
13 admission nor inpatient care" shall have the meanings 
14 ascribed to them in clause (a-1) (d)(3) of Section 
15 5-2-4 of the Unified Code of Corrections. 
16  (3) If the defendant is not committed pursuant to this 
17 Section, the defendant he or she shall be released. 
18  (4) In no event may the treatment period be extended 
19 to exceed the maximum sentence to which a defendant would 
20 have been subject had the defendant he or she been 
21 convicted in the a criminal proceeding on the most serious 
22 offense. For purposes of this Section, the maximum 
23 sentence shall be determined by Section 5-8-1 (730 ILCS 
24 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code 
25 of Corrections", excluding any sentence of natural life.
26  (5) If the treatment supervisor reports the defendant 
 
 
SB3444- 40 -LRB103 38699 RLC 68836 b


1 as fit, the Court shall immediately, within 48 hours, 
2 order the sheriff to return the defendant to the county 
3 jail to stand trial, plead, or be sentenced. 
4(Source: P.A. 95-1052, eff. 7-1-09.)

5 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
6 Sec. 104-26. Disposition of Defendants suffering 
7disabilities. 
8 (a) A defendant convicted following a trial conducted 
9under the provisions of Section 104-22 shall not be sentenced 
10before a written presentence report of investigation is 
11presented to and considered by the Court court. The 
12presentence report shall be prepared pursuant to Sections 
135-3-2, 5-3-3 and 5-3-4 of the Unified Code of Corrections, as 
14now or hereafter amended, and shall include a physical and 
15mental examination unless the Court court finds that the 
16reports of prior physical and mental examinations conducted 
17pursuant to this Article are adequate and recent enough so 
18that additional examinations would be unnecessary.
19 (b) (Blank).
20 (c) A defendant convicted following a trial under Section 
21104-22 shall be sentenced according to the procedures and 
22dispositions authorized under the Unified Code of Corrections, 
23as now or hereafter amended, subject to the following 
24provisions:
25  (1) The Court court shall not impose a sentence of 
 
 
SB3444- 41 -LRB103 38699 RLC 68836 b


1 imprisonment upon the offender if the Court court believes 
2 that because of his disability a sentence of imprisonment 
3 would not serve the ends of justice and the interests of 
4 society and the offender or that because of a his 
5 disability, a sentence of imprisonment would subject the 
6 offender to excessive hardship. In addition to any other 
7 conditions of a sentence of conditional discharge or 
8 probation, the Court court may require that the offender 
9 undergo treatment appropriate for the defendant's to his 
10 mental or physical condition.
11  (2) (Blank). After imposing a sentence of imprisonment 
12 upon an offender who has a mental disability, the court 
13 may remand him to the custody of the Department of Human 
14 Services and order a hearing to be conducted pursuant to 
15 the provisions of the Mental Health and Developmental 
16 Disabilities Code, as now or hereafter amended. If the 
17 offender is committed following such hearing, he shall be 
18 treated in the same manner as any other civilly committed 
19 patient for all purposes except as provided in this 
20 Section. If the defendant is not committed pursuant to 
21 such hearing, he shall be remanded to the sentencing court 
22 for disposition according to the sentence imposed.
23  (3) If the Court court imposes a sentence of 
24 imprisonment upon an offender who has a mental disability 
25 but does not proceed under subparagraph (2) of paragraph 
26 (c) of this Section, it shall order the Department of 
 
 
SB3444- 42 -LRB103 38699 RLC 68836 b


1 Corrections to proceed pursuant to Section 3-8-5 of the 
2 Unified Code of Corrections, as now or hereafter amended.
3  (3.5) If the Court court imposes a sentence of 
4 imprisonment upon an offender who has a mental disability, 
5 it the court shall direct the Clerk of the Circuit Court 
6 circuit court clerk to immediately notify the Illinois 
7 State Police, Firearm Owner's Identification (FOID) 
8 Office, in a form and manner prescribed by the Illinois 
9 State Police and shall forward a copy of the court order to 
10 the Department. 
11  (4) If the Court court imposes a sentence of 
12 imprisonment upon an offender who has a physical 
13 disability, it may authorize the Department of Corrections 
14 to place the offender in a public or private facility 
15 which is able to provide care or treatment for the 
16 offender's disability and which agrees to do so.
17  (5) When an offender is placed with the Department of 
18 Human Services or another facility pursuant to 
19 subparagraph (2) or (4) of this paragraph (c), the public 
20 or Department or private facility shall not discharge or 
21 allow the offender to be at large in the community without 
22 prior approval of the Court court. If the defendant is 
23 placed in the custody of the Department of Human Services, 
24 the defendant shall be placed in a secure setting unless 
25 the court determines that there are compelling reasons why 
26 such placement is not necessary. The offender shall accrue 
 
 
SB3444- 43 -LRB103 38699 RLC 68836 b


1 all good time credits as determined by the Court while in 
2 the custody of the public or private facility and shall be 
3 eligible for parole in the same manner as if the offender 
4 he were serving the defendant's his sentence within the 
5 Department of Corrections. If the sentence has not yet 
6 expired when When the offender no longer requires 
7 hospitalization, care, or treatment, the public or private 
8 Department of Human Services or the facility shall 
9 transfer the offender him, if his sentence has not 
10 expired, to the Department of Corrections. If an offender 
11 is transferred to the Department of Corrections, the 
12 facility Department of Human Services shall transfer to 
13 the Department of Corrections all related records 
14 pertaining to length of custody and treatment services 
15 provided during the time the offender was held.
16  (6) The Department of Corrections shall notify the 
17 public or private Department of Human Services or a 
18 facility in which an offender has been placed pursuant to 
19 subparagraph (2) or (4) of paragraph (c) of this Section 
20 of the expiration of the his sentence. Thereafter, an 
21 offender so placed in the Department of Human Services 
22 shall continue to be treated pursuant to the defendant's 
23 his commitment order and shall be considered a civilly 
24 committed patient for all purposes including discharge. An 
25 offender who is in a facility pursuant to subparagraph (4) 
26 of paragraph (c) of this Section shall be informed by the 
 
 
SB3444- 44 -LRB103 38699 RLC 68836 b


1 facility of the expiration of his sentence, and shall 
2 either consent to the continuation of the defendant's his 
3 care or treatment by the facility, or shall be discharged.
4(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)

5 (725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
6 Sec. 104-30. Notice to Law Enforcement Agencies Regarding 
7Release of Defendants.
8 (a) Prior to the release by the Department of Human 
9Services of any person admitted pursuant to any provision of 
10this Article, the Department of Human Services shall give 
11written notice to the Sheriff of the county from which the 
12defendant was admitted. In cases where the arrest of the 
13defendant or the commission of the offense took place in any 
14municipality with a population of more than 25,000 persons, 
15the Department of Human Services shall also give written 
16notice to the proper law enforcement agency for said 
17municipality, provided the municipality has requested such 
18notice in writing.
19 (b) Where a defendant in the custody of the Department of 
20Human Services under any provision of this Article is released 
21pursuant to an order of court, the Clerk clerk of the Circuit 
22Court circuit court shall, after the entry of the order, 
23transmit a certified copy of the order of release to the 
24Department of Human Services and the Sheriff of the county 
25from which the defendant was admitted. In cases where the 
 
 
SB3444- 45 -LRB103 38699 RLC 68836 b


1arrest of the defendant or the commission of the offense took 
2place in any municipality with a population of more than 
325,000 persons, the Clerk of the Circuit Court circuit court 
4shall also send a certified copy of the order of release to the 
5proper law enforcement agency for said municipality provided 
6the municipality has requested such notice in writing.
7(Source: P.A. 89-507, eff. 7-1-97.)

8 (725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
9 Sec. 104-31. No defendant placed in a setting of the 
10Department of Human Services pursuant to the provisions of 
11Sections 104-17, 104-25, or 104-26 shall be permitted outside 
12the facility's housing unit unless escorted or accompanied by 
13personnel of the Department of Human Services or authorized by 
14court order. Any defendant, transported to court hearings or 
15other necessary appointments off facility grounds by personnel 
16of the Department of Human Services, may be placed in security 
17devices or otherwise secured during the period of 
18transportation to assure secure transport of the defendant and 
19the safety of Department of Human Services personnel and 
20others. These security measures shall not constitute restraint 
21as defined in the Mental Health and Developmental Disabilities 
22Code. Nor shall any defendant be permitted any off-grounds 
23privileges, either with or without escort by personnel of the 
24Department of Human Services or any unsupervised on-ground 
25privileges, unless such off-grounds or unsupervised on-grounds 
 
 
SB3444- 46 -LRB103 38699 RLC 68836 b


1privileges have been approved by specific court order, which 
2order may include such conditions on the defendant as the 
3court may deem appropriate and necessary to reasonably assure 
4the defendant's satisfactory progress in treatment and the 
5safety of the defendant or others. Whenever the Court court 
6receives a report from the supervisor of the defendant's 
7treatment recommending the defendant for any off-grounds or 
8unsupervised on-grounds privileges, the Court court shall set 
9the matter for a first hearing within 21 days unless good cause 
10is demonstrated why the hearing cannot be held. The changes 
11made to this Section by this amendatory Act of the 96th General 
12Assembly are declarative of existing law and shall not be 
13construed as a new enactment. 
14(Source: P.A. 98-1025, eff. 8-22-14.)

15 (725 ILCS 5/104-27 rep.)
16 (725 ILCS 5/104-28 rep.)
17 Section 10. The Code of Criminal Procedure of 1963 is 
18amended by repealing Sections 104-27 and 104-28.
 
 
SB3444- 47 -LRB103 38699 RLC 68836 b


1
INDEX

2
Statutes amended in order of appearance