Bill Text: IL HB0649 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections concerning defendants found unfit to stand trial and found not guilty by reason of insanity. Provides that if the court orders the defendant placed in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine to which secure facility the defendant shall be transported and, within 7 days of the entry of the placement order, notify the sheriff of the designated facility. Upon receipt of that notice, the sheriff shall promptly transport the defendant to the designated facility. Provides that if, within 7 days of the entry of the placement 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 that the defendant will be transported to the nearest secure mental health facility operated by the Department unless, within 24 hours of receiving the notice, the Department notifies the sheriff that the defendant should be transported to another facility. Provides that if, during this 24-hour period the Department notifies the sheriff of another facility, the sheriff shall transport the defendant to that facility. If the notice is not received, the sheriff shall transport the defendant to the nearest secure mental health facility operated by the Department.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB0649 Detail]

Download: Illinois-2017-HB0649-Engrossed.html



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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 104-17, 104-18, and 104-20 as
6follows:
7 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
8 Sec. 104-17. Commitment for Treatment; Treatment Plan.
9 (a) If the defendant is eligible to be or has been released
10on bail or on his own recognizance, the court shall select the
11least physically restrictive form of treatment therapeutically
12appropriate and consistent with the treatment plan. The
13placement may be ordered either on an inpatient or an
14outpatient basis.
15 (b) If the defendant's disability is mental, the court may
16order him placed for treatment in the custody of the Department
17of Human Services, or the court may order him placed in the
18custody of any other appropriate public or private mental
19health facility or treatment program which has agreed to
20provide treatment to the defendant. If the court orders the
21defendant placed in the custody of the Department of Human
22Services, the Department shall evaluate the defendant to
23determine to which secure facility the defendant shall be

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1transported and, within 20 days of the transmittal by the clerk
2of the circuit court of the placement order, notify the sheriff
3of the designated facility. Upon receipt of that notice, the
4sheriff shall promptly transport the defendant to the
5designated facility. If the defendant is placed in the custody
6of the Department of Human Services, the defendant shall be
7placed in a secure setting. During the period of time required
8to determine the appropriate placement the defendant shall
9remain in jail. If during the course of evaluating the
10defendant for placement, upon the completion of the placement
11process the Department of Human Services determines that the
12defendant is currently fit to stand trial, it shall immediately
13notify the court and shall submit a written report within 7
14days. In that circumstance the placement shall be held pending
15a court hearing on the Department's report. Otherwise, upon
16completion of the placement process, the sheriff shall be
17notified and shall transport the defendant to the designated
18facility. If, within 20 days of the transmittal by the clerk of
19the circuit court of the placement order, the Department fails
20to notify the sheriff of the identity of the facility to which
21the defendant shall be transported, the sheriff shall contact a
22designated person within the Department to inquire about when a
23placement will become available at the designated facility and
24bed availability at other facilities. If, within 20 days of the
25transmittal by the clerk of the circuit court of the placement
26order, the Department fails to notify the sheriff of the

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1identity of the facility to which the defendant shall be
2transported, the sheriff shall notify the Department of its
3intent to transfer the defendant to the nearest secure mental
4health facility operated by the Department and inquire as to
5the status of the evaluation and availability for placement in
6such facility operated by the Department by contacting a
7designated person within the Department. The Department shall
8respond to the sheriff within 2 business days of the notice and
9inquiry by the sheriff seeking the transfer and the Department
10shall provide the sheriff with the status of the evaluation,
11information on bed and placement availability, and an estimated
12date of admission for the defendant and any changes to that
13estimated date of admission. If the Department notifies the
14sheriff during the 2 business day period of a facility operated
15by the Department with placement availability, the sheriff
16shall promptly transport the defendant to that facility. The
17placement may be ordered either on an inpatient or an
18outpatient basis.
19 (c) If the defendant's disability is physical, the court
20may order him placed under the supervision of the Department of
21Human Services which shall place and maintain the defendant in
22a suitable treatment facility or program, or the court may
23order him placed in an appropriate public or private facility
24or treatment program which has agreed to provide treatment to
25the defendant. The placement may be ordered either on an
26inpatient or an outpatient basis.

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1 (d) The clerk of the circuit court shall within 5 days of
2the entry of the order transmit to the Department, agency or
3institution, if any, to which the defendant is remanded for
4treatment, the following:
5 (1) a certified copy of the order to undergo treatment.
6 Accompanying the certified copy of the order to undergo
7 treatment shall be the complete copy of any report prepared
8 under Section 104-15 of this Code or other report prepared
9 by a forensic examiner for the court;
10 (2) the county and municipality in which the offense
11 was committed;
12 (3) the county and municipality in which the arrest
13 took place;
14 (4) a copy of the arrest report, criminal charges,
15 arrest record; and
16 (5) all additional matters which the Court directs the
17 clerk to transmit.
18 (e) Within 30 days of entry of an order to undergo
19treatment, the person supervising the defendant's treatment
20shall file with the court, the State, and the defense a report
21assessing the facility's or program's capacity to provide
22appropriate treatment for the defendant and indicating his
23opinion as to the probability of the defendant's attaining
24fitness within a period of time from the date of the finding of
25unfitness. For a defendant charged with a felony, the period of
26time shall be one year. For a defendant charged with a

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1misdemeanor, the period of time shall be no longer than the
2sentence if convicted of the most serious offense. If the
3report indicates that there is a substantial probability that
4the defendant will attain fitness within the time period, the
5treatment supervisor shall also file a treatment plan which
6shall include:
7 (1) A diagnosis of the defendant's disability;
8 (2) A description of treatment goals with respect to
9 rendering the defendant fit, a specification of the
10 proposed treatment modalities, and an estimated timetable
11 for attainment of the goals;
12 (3) An identification of the person in charge of
13 supervising the defendant's treatment.
14(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
15 (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
16 Sec. 104-18. Progress Reports.
17 (a) The treatment supervisor shall submit a written
18progress report to the court, the State, and the defense:
19 (1) At least 7 days prior to the date for any hearing
20 on the issue of the defendant's fitness;
21 (2) Whenever he believes that the defendant has
22 attained fitness;
23 (3) Whenever he believes that there is not a
24 substantial probability that the defendant will attain
25 fitness, with treatment, within the time period set in

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1 subsection (e) of Section 104-17 of this Code from the date
2 of the original finding of unfitness.
3 (b) The progress report shall contain:
4 (1) The clinical findings of the treatment supervisor
5 and the facts upon which the findings are based;
6 (2) The opinion of the treatment supervisor as to
7 whether the defendant has attained fitness or as to whether
8 the defendant is making progress, under treatment, toward
9 attaining fitness within the time period set in subsection
10 (e) of Section 104-17 of this Code from the date of the
11 original finding of unfitness;
12 (3) If the defendant is receiving medication,
13 information from the prescribing physician indicating the
14 type, the dosage and the effect of the medication on the
15 defendant's appearance, actions and demeanor.
16 (c) Whenever the court is sent a report from the supervisor
17of the defendant's treatment under paragraph (2) of subsection
18(a) of this Section, the treatment provider shall arrange with
19the county jail court for the immediate return of the defendant
20to the county jail under subsection (e) before the time frame
21specified in subsection (a) of Section 104-20 of this Code.
22(Source: P.A. 98-944, eff. 8-15-14; 98-1025, eff. 8-22-14;
2399-78, eff. 7-20-15.)
24 (725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
25 Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.)

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1 (a) Upon entry or continuation of any order to undergo
2treatment, the court shall set a date for hearing to reexamine
3the issue of the defendant's fitness not more than 90 days
4thereafter. In addition, whenever the court receives a report
5from the supervisor of the defendant's treatment pursuant to
6subparagraph (2) or (3) of paragraph (a) of Section 104-18, the
7court shall forthwith set the matter for a first hearing within
814 days unless good cause is demonstrated why the hearing
9cannot be held. On the date set or upon conclusion of the
10matter then pending before it, the court, sitting without a
11jury, shall conduct a hearing, unless waived by the defense,
12and shall determine:
13 (1) Whether the defendant is fit to stand trial or to
14 plead; and if not,
15 (2) Whether the defendant is making progress under
16 treatment toward attainment of fitness within the time
17 period set in subsection (e) of Section 104-17 of this Code
18 from the date of the original finding of unfitness.
19 (b) If the court finds the defendant to be fit pursuant to
20this Section, the court shall set the matter for trial;
21provided that if the defendant is in need of continued care or
22treatment and the supervisor of the defendant's treatment
23agrees to continue to provide it, the court may enter any order
24it deems appropriate for the continued care or treatment of the
25defendant by the facility or program pending the conclusion of
26the criminal proceedings.

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1 (c) If the court finds that the defendant is still unfit
2but that he is making progress toward attaining fitness, the
3court may continue or modify its original treatment order
4entered pursuant to Section 104-17.
5 (d) If the court finds that the defendant is still unfit
6and that he is not making progress toward attaining fitness
7such that there is not a substantial probability that he will
8attain fitness within the time period set in subsection (e) of
9Section 104-17 of this Code from the date of the original
10finding of unfitness, the court shall proceed pursuant to
11Section 104-23. However, if the defendant is in need of
12continued care and treatment and the supervisor of the
13defendant's treatment agrees to continue to provide it, the
14court may enter any order it deems appropriate for the
15continued care or treatment by the facility or program pending
16the conclusion of the criminal proceedings.
17 (e) Whenever the court receives a report from the
18supervisor of the defendant's treatment under paragraph (2) of
19subsection (a) of Section 104-18 of this Code, the court shall
20immediately enter an order directing the sheriff to return the
21defendant to the county jail and set the matter for trial. At
22any time the issue of the defendant's fitness can be raised
23again under Section 104-11 of this Code. If the court finds
24that the defendant is still unfit after being recommended as
25fit by the supervisor of the defendant's treatment, the court
26shall attach a copy of any written report that identifies the

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1factors in the finding that the defendant continues to be
2unfit, prepared by a licensed physician, clinical
3psychologist, or psychiatrist, to the court order remanding the
4person for further treatment.
5(Source: P.A. 98-1025, eff. 8-22-14; 99-140, eff. 1-1-16.)
6 Section 10. The Unified Code of Corrections is amended by
7changing Section 5-2-4 as follows:
8 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
9 Sec. 5-2-4. Proceedings after Acquittal by Reason of
10Insanity.
11 (a) After a finding or verdict of not guilty by reason of
12insanity under Sections 104-25, 115-3 or 115-4 of the Code of
13Criminal Procedure of 1963, the defendant shall be ordered to
14the Department of Human Services for an evaluation as to
15whether he is in need of mental health services. The order
16shall specify whether the evaluation shall be conducted on an
17inpatient or outpatient basis. If the evaluation is to be
18conducted on an inpatient basis, the defendant shall be placed
19in a secure setting. With the court order for evaluation shall
20be sent a copy of the arrest report, criminal charges, arrest
21record, jail record, any report prepared under Section 115-6 of
22the Code of Criminal Procedure of 1963, and any victim impact
23statement prepared under Section 6 of the Rights of Crime
24Victims and Witnesses Act. The clerk of the circuit court shall

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1transmit this information to the Department within 5 days. If
2the court orders that the evaluation be done on an inpatient
3basis, the Department shall evaluate the defendant to determine
4to which secure facility the defendant shall be transported
5and, within 20 days of the transmittal by the clerk of the
6circuit court of the placement order, notify the sheriff of the
7designated facility. Upon receipt of that notice, the sheriff
8shall promptly transport the defendant to the designated
9facility. During After the evaluation and during the period of
10time required to determine the appropriate placement, the
11defendant shall remain in jail. If, within 20 days of the
12transmittal by the clerk of the circuit court of the placement
13order, the Department fails to notify the sheriff of the
14identity of the facility to which the defendant shall be
15transported, the sheriff shall contact a designated person
16within the Department to inquire about when a placement will
17become available at the designated facility and bed
18availability at other facilities. If, within 20 days of the
19transmittal by the clerk of the circuit court of the placement
20order, the Department fails to notify the sheriff of the
21identity of the facility to which the defendant shall be
22transported, the sheriff shall notify the Department of its
23intent to transfer the defendant to the nearest secure mental
24health facility operated by the Department and inquire as to
25the status of the evaluation and availability for placement in
26such facility operated by the Department by contacting a

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1designated person within the Department. The Department shall
2respond to the sheriff within 2 business days of the notice and
3inquiry by the sheriff seeking the transfer and the Department
4shall provide the sheriff with the status of the evaluation,
5information on bed and placement availability, and an estimated
6date of admission for the defendant and any changes to that
7estimated date of admission. If the Department notifies the
8sheriff during the 2 business day period of a facility operated
9by the Department with placement availability, the sheriff
10shall promptly transport the defendant to that facility.
11Individualized placement evaluations by the Department of
12Human Services determine the most appropriate setting for
13forensic treatment based upon a number of factors including
14mental health diagnosis, proximity to surviving victims,
15security need, age, gender, and proximity to family. Upon
16completion of the placement process the sheriff shall be
17notified and shall transport the defendant to the designated
18facility.
19 The Department shall provide the Court with a report of its
20evaluation within 30 days of the date of this order. The Court
21shall hold a hearing as provided under the Mental Health and
22Developmental Disabilities Code to determine if the individual
23is: (a) in need of mental health services on an inpatient
24basis; (b) in need of mental health services on an outpatient
25basis; (c) a person not in need of mental health services. The
26Court shall enter its findings.

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1 If the defendant is found to be in need of mental health
2services on an inpatient care basis, the Court shall order the
3defendant to the Department of Human Services. The defendant
4shall be placed in a secure setting. Such defendants placed in
5a secure setting shall not be permitted outside the facility's
6housing unit unless escorted or accompanied by personnel of the
7Department of Human Services or with the prior approval of the
8Court for unsupervised on-grounds privileges as provided
9herein. Any defendant placed in a secure setting pursuant to
10this Section, transported to court hearings or other necessary
11appointments off facility grounds by personnel of the
12Department of Human Services, shall be placed in security
13devices or otherwise secured during the period of
14transportation to assure secure transport of the defendant and
15the safety of Department of Human Services personnel and
16others. These security measures shall not constitute restraint
17as defined in the Mental Health and Developmental Disabilities
18Code. If the defendant is found to be in need of mental health
19services, but not on an inpatient care basis, the Court shall
20conditionally release the defendant, under such conditions as
21set forth in this Section as will reasonably assure the
22defendant's satisfactory progress and participation in
23treatment or rehabilitation and the safety of the defendant and
24others. If the Court finds the person not in need of mental
25health services, then the Court shall order the defendant
26discharged from custody.

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1 (a-1) Definitions. For the purposes of this Section:
2 (A) (Blank).
3 (B) "In need of mental health services on an inpatient
4 basis" means: a defendant who has been found not guilty by
5 reason of insanity but who due to mental illness is
6 reasonably expected to inflict serious physical harm upon
7 himself or another and who would benefit from inpatient
8 care or is in need of inpatient care.
9 (C) "In need of mental health services on an outpatient
10 basis" means: a defendant who has been found not guilty by
11 reason of insanity who is not in need of mental health
12 services on an inpatient basis, but is in need of
13 outpatient care, drug and/or alcohol rehabilitation
14 programs, community adjustment programs, individual,
15 group, or family therapy, or chemotherapy.
16 (D) "Conditional Release" means: the release from
17 either the custody of the Department of Human Services or
18 the custody of the Court of a person who has been found not
19 guilty by reason of insanity under such conditions as the
20 Court may impose which reasonably assure the defendant's
21 satisfactory progress in treatment or habilitation and the
22 safety of the defendant and others. The Court shall
23 consider such terms and conditions which may include, but
24 need not be limited to, outpatient care, alcoholic and drug
25 rehabilitation programs, community adjustment programs,
26 individual, group, family, and chemotherapy, random

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1 testing to ensure the defendant's timely and continuous
2 taking of any medicines prescribed to control or manage his
3 or her conduct or mental state, and periodic checks with
4 the legal authorities and/or the Department of Human
5 Services. The Court may order as a condition of conditional
6 release that the defendant not contact the victim of the
7 offense that resulted in the finding or verdict of not
8 guilty by reason of insanity or any other person. The Court
9 may order the Department of Human Services to provide care
10 to any person conditionally released under this Section.
11 The Department may contract with any public or private
12 agency in order to discharge any responsibilities imposed
13 under this Section. The Department shall monitor the
14 provision of services to persons conditionally released
15 under this Section and provide periodic reports to the
16 Court concerning the services and the condition of the
17 defendant. Whenever a person is conditionally released
18 pursuant to this Section, the State's Attorney for the
19 county in which the hearing is held shall designate in
20 writing the name, telephone number, and address of a person
21 employed by him or her who shall be notified in the event
22 that either the reporting agency or the Department decides
23 that the conditional release of the defendant should be
24 revoked or modified pursuant to subsection (i) of this
25 Section. Such conditional release shall be for a period of
26 five years. However, the defendant, the person or facility

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1 rendering the treatment, therapy, program or outpatient
2 care, the Department, or the State's Attorney may petition
3 the Court for an extension of the conditional release
4 period for an additional 5 years. Upon receipt of such a
5 petition, the Court shall hold a hearing consistent with
6 the provisions of paragraph (a), this paragraph (a-1), and
7 paragraph (f) of this Section, shall determine whether the
8 defendant should continue to be subject to the terms of
9 conditional release, and shall enter an order either
10 extending the defendant's period of conditional release
11 for an additional 5 year period or discharging the
12 defendant. Additional 5-year periods of conditional
13 release may be ordered following a hearing as provided in
14 this Section. However, in no event shall the defendant's
15 period of conditional release continue beyond the maximum
16 period of commitment ordered by the Court pursuant to
17 paragraph (b) of this Section. These provisions for
18 extension of conditional release shall only apply to
19 defendants conditionally released on or after August 8,
20 2003. However the extension provisions of Public Act
21 83-1449 apply only to defendants charged with a forcible
22 felony.
23 (E) "Facility director" means the chief officer of a
24 mental health or developmental disabilities facility or
25 his or her designee or the supervisor of a program of
26 treatment or habilitation or his or her designee.

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1 "Designee" may include a physician, clinical psychologist,
2 social worker, nurse, or clinical professional counselor.
3 (b) If the Court finds the defendant in need of mental
4health services on an inpatient basis, the admission,
5detention, care, treatment or habilitation, treatment plans,
6review proceedings, including review of treatment and
7treatment plans, and discharge of the defendant after such
8order shall be under the Mental Health and Developmental
9Disabilities Code, except that the initial order for admission
10of a defendant acquitted of a felony by reason of insanity
11shall be for an indefinite period of time. Such period of
12commitment shall not exceed the maximum length of time that the
13defendant would have been required to serve, less credit for
14good behavior as provided in Section 5-4-1 of the Unified Code
15of Corrections, before becoming eligible for release had he
16been convicted of and received the maximum sentence for the
17most serious crime for which he has been acquitted by reason of
18insanity. The Court shall determine the maximum period of
19commitment by an appropriate order. During this period of time,
20the defendant shall not be permitted to be in the community in
21any manner, including but not limited to off-grounds
22privileges, with or without escort by personnel of the
23Department of Human Services, unsupervised on-grounds
24privileges, discharge or conditional or temporary release,
25except by a plan as provided in this Section. In no event shall
26a defendant's continued unauthorized absence be a basis for

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1discharge. Not more than 30 days after admission and every 60
2days thereafter so long as the initial order remains in effect,
3the facility director shall file a treatment plan report in
4writing with the court and forward a copy of the treatment plan
5report to the clerk of the court, the State's Attorney, and the
6defendant's attorney, if the defendant is represented by
7counsel, or to a person authorized by the defendant under the
8Mental Health and Developmental Disabilities Confidentiality
9Act to be sent a copy of the report. The report shall include
10an opinion as to whether the defendant is currently in need of
11mental health services on an inpatient basis or in need of
12mental health services on an outpatient basis. The report shall
13also summarize the basis for those findings and provide a
14current summary of the following items from the treatment plan:
15(1) an assessment of the defendant's treatment needs, (2) a
16description of the services recommended for treatment, (3) the
17goals of each type of element of service, (4) an anticipated
18timetable for the accomplishment of the goals, and (5) a
19designation of the qualified professional responsible for the
20implementation of the plan. The report may also include
21unsupervised on-grounds privileges, off-grounds privileges
22(with or without escort by personnel of the Department of Human
23Services), home visits and participation in work programs, but
24only where such privileges have been approved by specific court
25order, which order may include such conditions on the defendant
26as the Court may deem appropriate and necessary to reasonably

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1assure the defendant's satisfactory progress in treatment and
2the safety of the defendant and others.
3 (c) Every defendant acquitted of a felony by reason of
4insanity and subsequently found to be in need of mental health
5services shall be represented by counsel in all proceedings
6under this Section and under the Mental Health and
7Developmental Disabilities Code.
8 (1) The Court shall appoint as counsel the public
9 defender or an attorney licensed by this State.
10 (2) Upon filing with the Court of a verified statement
11 of legal services rendered by the private attorney
12 appointed pursuant to paragraph (1) of this subsection, the
13 Court shall determine a reasonable fee for such services.
14 If the defendant is unable to pay the fee, the Court shall
15 enter an order upon the State to pay the entire fee or such
16 amount as the defendant is unable to pay from funds
17 appropriated by the General Assembly for that purpose.
18 (d) When the facility director determines that:
19 (1) the defendant is no longer in need of mental health
20 services on an inpatient basis; and
21 (2) the defendant may be conditionally released
22 because he or she is still in need of mental health
23 services or that the defendant may be discharged as not in
24 need of any mental health services; or
25 (3) (blank);
26the facility director shall give written notice to the Court,

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1State's Attorney and defense attorney. Such notice shall set
2forth in detail the basis for the recommendation of the
3facility director, and specify clearly the recommendations, if
4any, of the facility director, concerning conditional release.
5Any recommendation for conditional release shall include an
6evaluation of the defendant's need for psychotropic
7medication, what provisions should be made, if any, to ensure
8that the defendant will continue to receive psychotropic
9medication following discharge, and what provisions should be
10made to assure the safety of the defendant and others in the
11event the defendant is no longer receiving psychotropic
12medication. Within 30 days of the notification by the facility
13director, the Court shall set a hearing and make a finding as
14to whether the defendant is:
15 (i) (blank); or
16 (ii) in need of mental health services in the form of
17 inpatient care; or
18 (iii) in need of mental health services but not subject
19 to inpatient care; or
20 (iv) no longer in need of mental health services; or
21 (v) (blank).
22 Upon finding by the Court, the Court shall enter its
23findings and such appropriate order as provided in subsections
24(a) and (a-1) of this Section.
25 (e) A defendant admitted pursuant to this Section, or any
26person on his behalf, may file a petition for treatment plan

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1review or discharge or conditional release under the standards
2of this Section in the Court which rendered the verdict. Upon
3receipt of a petition for treatment plan review or discharge or
4conditional release, the Court shall set a hearing to be held
5within 120 days. Thereafter, no new petition may be filed for
6180 days without leave of the Court.
7 (f) The Court shall direct that notice of the time and
8place of the hearing be served upon the defendant, the facility
9director, the State's Attorney, and the defendant's attorney.
10If requested by either the State or the defense or if the Court
11feels it is appropriate, an impartial examination of the
12defendant by a psychiatrist or clinical psychologist as defined
13in Section 1-103 of the Mental Health and Developmental
14Disabilities Code who is not in the employ of the Department of
15Human Services shall be ordered, and the report considered at
16the time of the hearing.
17 (g) The findings of the Court shall be established by clear
18and convincing evidence. The burden of proof and the burden of
19going forth with the evidence rest with the defendant or any
20person on the defendant's behalf when a hearing is held to
21review a petition filed by or on behalf of the defendant. The
22evidence shall be presented in open Court with the right of
23confrontation and cross-examination. Such evidence may
24include, but is not limited to:
25 (1) whether the defendant appreciates the harm caused
26 by the defendant to others and the community by his or her

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1 prior conduct that resulted in the finding of not guilty by
2 reason of insanity;
3 (2) Whether the person appreciates the criminality of
4 conduct similar to the conduct for which he or she was
5 originally charged in this matter;
6 (3) the current state of the defendant's illness;
7 (4) what, if any, medications the defendant is taking
8 to control his or her mental illness;
9 (5) what, if any, adverse physical side effects the
10 medication has on the defendant;
11 (6) the length of time it would take for the
12 defendant's mental health to deteriorate if the defendant
13 stopped taking prescribed medication;
14 (7) the defendant's history or potential for alcohol
15 and drug abuse;
16 (8) the defendant's past criminal history;
17 (9) any specialized physical or medical needs of the
18 defendant;
19 (10) any family participation or involvement expected
20 upon release and what is the willingness and ability of the
21 family to participate or be involved;
22 (11) the defendant's potential to be a danger to
23 himself, herself, or others; and
24 (12) any other factor or factors the Court deems
25 appropriate.
26 (h) Before the court orders that the defendant be

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1discharged or conditionally released, it shall order the
2facility director to establish a discharge plan that includes a
3plan for the defendant's shelter, support, and medication. If
4appropriate, the court shall order that the facility director
5establish a program to train the defendant in self-medication
6under standards established by the Department of Human
7Services. If the Court finds, consistent with the provisions of
8this Section, that the defendant is no longer in need of mental
9health services it shall order the facility director to
10discharge the defendant. If the Court finds, consistent with
11the provisions of this Section, that the defendant is in need
12of mental health services, and no longer in need of inpatient
13care, it shall order the facility director to release the
14defendant under such conditions as the Court deems appropriate
15and as provided by this Section. Such conditional release shall
16be imposed for a period of 5 years as provided in paragraph (D)
17of subsection (a-1) and shall be subject to later modification
18by the Court as provided by this Section. If the Court finds
19consistent with the provisions in this Section that the
20defendant is in need of mental health services on an inpatient
21basis, it shall order the facility director not to discharge or
22release the defendant in accordance with paragraph (b) of this
23Section.
24 (i) If within the period of the defendant's conditional
25release the State's Attorney determines that the defendant has
26not fulfilled the conditions of his or her release, the State's

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1Attorney may petition the Court to revoke or modify the
2conditional release of the defendant. Upon the filing of such
3petition the defendant may be remanded to the custody of the
4Department, or to any other mental health facility designated
5by the Department, pending the resolution of the petition.
6Nothing in this Section shall prevent the emergency admission
7of a defendant pursuant to Article VI of Chapter III of the
8Mental Health and Developmental Disabilities Code or the
9voluntary admission of the defendant pursuant to Article IV of
10Chapter III of the Mental Health and Developmental Disabilities
11Code. If the Court determines, after hearing evidence, that the
12defendant has not fulfilled the conditions of release, the
13Court shall order a hearing to be held consistent with the
14provisions of paragraph (f) and (g) of this Section. At such
15hearing, if the Court finds that the defendant is in need of
16mental health services on an inpatient basis, it shall enter an
17order remanding him or her to the Department of Human Services
18or other facility. If the defendant is remanded to the
19Department of Human Services, he or she shall be placed in a
20secure setting unless the Court determines that there are
21compelling reasons that such placement is not necessary. If the
22Court finds that the defendant continues to be in need of
23mental health services but not on an inpatient basis, it may
24modify the conditions of the original release in order to
25reasonably assure the defendant's satisfactory progress in
26treatment and his or her safety and the safety of others in

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1accordance with the standards established in paragraph (D) of
2subsection (a-1). Nothing in this Section shall limit a Court's
3contempt powers or any other powers of a Court.
4 (j) An order of admission under this Section does not
5affect the remedy of habeas corpus.
6 (k) In the event of a conflict between this Section and the
7Mental Health and Developmental Disabilities Code or the Mental
8Health and Developmental Disabilities Confidentiality Act, the
9provisions of this Section shall govern.
10 (l) This amendatory Act shall apply to all persons who have
11been found not guilty by reason of insanity and who are
12presently committed to the Department of Mental Health and
13Developmental Disabilities (now the Department of Human
14Services).
15 (m) The Clerk of the Court shall transmit a certified copy
16of the order of discharge or conditional release to the
17Department of Human Services, to the sheriff of the county from
18which the defendant was admitted, to the Illinois Department of
19State Police, to the proper law enforcement agency for the
20municipality where the offense took place, and to the sheriff
21of the county into which the defendant is conditionally
22discharged. The Illinois Department of State Police shall
23maintain a centralized record of discharged or conditionally
24released defendants while they are under court supervision for
25access and use of appropriate law enforcement agencies.
26(Source: P.A. 98-1025, eff. 8-22-14.)
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