Illinois House Bill 5863 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 4 2023 - 25% progression, died in committee
Action: 2023-01-04 - Referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Specialized Mental Health Rehabilitation Act of 2013. Excludes from definition of "consumer" under the Act an individual who has been found unfit to stand trial, or not guilty by reason of insanity, and is currently subject to a court order requiring placement in secure, inpatient care in the custody of the Department of Human Services pursuant to the Code of Criminal Procedure of 1963 or the Unified Code of Corrections, as applicable. Amends the Code of Criminal Procedure of 1963 concerning defendants unfit to stand trial. Provides that a defendant whose disability is mental and the most serious offense charged against the defendant is a misdemeanor, the court shall order outpatient treatment, unless the court finds good cause on the record to order inpatient treatment. Provides that the Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Provides that if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. Deletes language providing that if, within 20 days of the transmittal by the clerk of the circuit court of the placement court order, the Department fails to notify the sheriff of the identity of the facility to which the defendant shall be transported, the sheriff shall notify the Department of its intent to transfer the defendant to the nearest secure mental health facility operated by the Department and inquire as to the status of the placement evaluation and availability for admission to such facility operated by the Department by contacting a designated person within the Department. Provides that, upon a determination that there is not a substantial probability that the defendant will attain fitness within the period specified in the Code from the original finding of unfitness, the court shall hold a discharge hearing within 60 days, unless good cause is shown for the delay. Makes other changes.

SPEC MENT HLTH-UNFIT DEFENDANT

Sen. Lakesia Collins [D]

Date	Chamber	Action
2023-01-04	House	Referred to Rules Committee
2023-01-04	House	First Reading
2023-01-04	House	First Reading
2023-01-04	House	First Reading
2023-01-04	House	Filed with the Clerk by Rep. Lakesia Collins

Chapter	Article	Section	Citation Type	Statute Text
210	49	1-102	Amended Code	Citation Text
725	5	104-17	Amended Code	Citation Text
725	5	104-23	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=5863&GAID=16&DocTypeID=HB&SessionID=110&GA=102
Text	https://www.ilga.gov/legislation/102/HB/10200HB5863.htm