Bill Text: IL SB2373 | 2025-2026 | 104th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-02-21 - Added as Chief Co-Sponsor Sen. Graciela Guzmán [SB2373 Detail]

Download: Illinois-2025-SB2373-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2373 Introduced 2/7/2025, by Sen. Lakesia Collins 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.
LRB104 10122 RLC 20194 b
A BILL FOR
SB2373 LRB104 10122 RLC 20194 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 104-10, 104-11, 104-13, 104-14,
104-15, 104-16, 104-17, 104-18, 104-19, 104-20, 104-21,
104-22, 104-23, 104-24, 104-25, and 104-26 and by adding
Sections 102-24 and 102-25 as follows:
(725 ILCS 5/102-24 new)
Sec. 102-24. Mental condition or physical condition.
"Mental condition" or "physical condition" means a condition
that substantially impairs a person's thought, perception of
reality, emotional process, judgment, behavior, or ability to
communicate with counsel, or both, but does not include
traumatic brain injury, organic brain disease such as dementia
or Alzheimer's, alcohol or cannabis use, substance use
disorder, or an abnormality manifested only by repeated
criminal or otherwise antisocial behavior.
(725 ILCS 5/102-25 new)
Sec. 102-25. Treatment supervisor, supervisor of the
defendant's treatment, person supervising the defendant's
treatment, or qualified professional. "Treatment supervisor",

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"supervisor of the defendant's treatment", "person supervising
the defendant's treatment", or "qualified professional" as
referenced in Article 104 means the person in charge of
overseeing fitness restoration for the defendant and may be a
physician, physician assistant, psychiatrist, clinical
psychologist, nurse practitioner, licensed clinical social
worker, or nurse who is working under the supervision of a
properly licensed physician, psychiatrist, or clinical
psychologist. Persons with any of the above designations are
deemed qualified to opine on the issue of fitness of the
defendant.
(725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
Sec. 104-10. Presumption of Fitness; Fitness Standard.) A
defendant is presumed to be fit to stand trial or to plead, and
be sentenced. A defendant is unfit if, because of the
defendant's his mental or physical condition, the defendant he
is unable to either understand the nature and purpose of the
proceedings against the defendant him or to meaningfully
assist in the defendant's his defense.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
Sec. 104-11. Raising Issue; Burden; Fitness Motions.) (a)
The issue of the defendant's fitness for trial, to plead, or to
be sentenced may be raised by the defense, the State or the

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Court at any appropriate time before a plea is entered or
before, during, or after trial. When a bona fide bonafide
doubt of the defendant's fitness is raised, the court shall
order a determination of the issue by the county's expert
before proceeding further.
However, no order entered pursuant to this subsection
shall prevent further proceedings in the case. An expert so
appointed shall examine the defendant and make a report as
provided in Section 104-15. Upon the filing with the court of a
verified statement of services rendered, the court shall enter
an order directed to the county board to pay such expert a
reasonable fee as stated in the order.
(b) (Blank). Upon request of the defendant that a
qualified expert be appointed to examine him or her to
determine prior to trial if a bonafide doubt as to his or her
fitness to stand trial may be raised, the court, in its
discretion, may order an appropriate examination. However, no
order entered pursuant to this subsection shall prevent
further proceedings in the case. An expert so appointed shall
examine the defendant and make a report as provided in Section
104-15. Upon the filing with the court of a verified statement
of services rendered, the court shall enter an order on the
county board to pay such expert a reasonable fee stated in the
order.
(c) When a bona fide bonafide doubt of the defendant's
fitness has been raised, the burden of proving that the

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defendant is fit by a preponderance of the evidence and the
burden of going forward with the evidence are on the State.
However, the court may call its own witnesses and conduct its
own inquiry.
(d) Following a finding of unfitness, the court may hear
and rule on any pretrial motion or motions if the defendant's
presence is not essential to a fair determination of the
issues. A motion may be reheard upon a showing that evidence is
available which was not previously available, due to the
defendant's unfitness, when the motion was first decided.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, or other person clinical psychologist or
psychiatrist employed by the Department of Human Services
shall be ordered to perform, in the person's his official
capacity, an examination under this subsection Section.
(b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more
physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the

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

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

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

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Sec. 104-15. Initial fitness report Report.
(a) The person or persons conducting an initial fitness
examination of the defendant, pursuant to paragraph (a) or (b)
of Section 104-13 shall submit a written report to the court,
the State, and the defense within 30 days of the date of the
order. The report shall include:
(1) A diagnosis and an explanation as to how it was
reached and the facts upon which it is based;
(2) A description of the defendant's mental or
physical disability, if any; its severity; and an opinion
as to whether and to what extent it impairs the
defendant's ability to understand the nature and purpose
of the proceedings against the defendant him or to
meaningfully assist in the defendant's his defense, or
both.
(b) A person who, due to any of organic brain disease,
alcohol or substance use, cannabis use, antisocial personality
disorder or repeated criminal behavior may not be deemed unfit
under this Section unless accompanied by a mental health or
developmental disabilities diagnosis. Unfitness due to a
mental condition may be found if the defendant would benefit
from treatment in either a mental health or developmental
disabilities facility. Unfitness due to a physical condition
may be found if the defendant would benefit from treatment in a
medical hospital or other residential care facility or program
for the rehabilitation of persons with physical disabilities.

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(c) (b) If the report indicates that the defendant is not
fit to stand trial or to plead because of a disability, the
report shall include an opinion as to the likelihood of the
defendant attaining fitness within the statutory a period of
time from the date of the finding of unfitness if provided with
a course of treatment. For a defendant charged with a felony,
the period of time shall be one year. For a defendant charged
with a Class A or Class B misdemeanor, the period of time shall
be no longer than the maximum term of imprisonment for the most
serious offense. Defendants charged with Class C misdemeanors,
petty offenses, infraction of a municipal ordinance, or
violation of the Illinois Vehicle Code are not eligible for
fitness restoration services, unless the penalty may include
incarceration for a period of 180 days or longer. If the person
or persons preparing the initial fitness report are unable to
form such an opinion, the report shall state the reasons
therefor. The report shall may include a general description
of the type of treatment needed and of the least physically
restrictive form of treatment therapeutically appropriate. If
the most serious charge facing the defendant is a misdemeanor
and inpatient treatment is recommended, the report shall state
reasons why outpatient treatment is not appropriate.
(d) (c) The initial fitness report shall indicate what
information, if any, contained therein may be harmful to the
mental condition of the defendant if made known to the
defendant and the court may determine if the defendant is

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restricted from receiving the report. him.
(e) (d) In addition to the report, a person retained or
appointed by the court State or the defense to conduct an
initial fitness examination under Section 104-13 shall, upon
written request, make the defendant's his or her notes, other
evaluations reviewed or relied upon by the testifying witness,
and any videotaped interviews available to another examiner of
the defendant. All forensic interviews conducted by a person
retained or appointed by the court State or the defense shall
be videotaped unless doing so would be impractical. In the
event that the interview is not videotaped, the examiner may
still testify as to the person's fitness and the court may only
consider the lack of compliance in according the weight and
not the admissibility of the expert testimony. An examiner may
use these materials as part of the defendant's his or her
diagnosis and explanation but shall not otherwise disclose the
contents, including at a hearing before the court, except as
otherwise provided in Section 104-14 of this Code.
(Source: P.A. 100-424, eff. 1-1-18.)
(725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
Sec. 104-16. Fitness Hearing.) (a) The court court
shall conduct a hearing to determine the issue of the
defendant's fitness within 45 days of receipt of the final
written report of the person or persons conducting the
examination or upon conclusion of the matter then pending

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before it, subject to continuances allowed pursuant to Section
114-4 of this Act.
(b) Subject to the rules of evidence, matters admissible
on the issue of the defendant's fitness include, but are not
limited to, the following:
(1) The defendant's knowledge and understanding of the
charge, the proceedings, the consequences of a plea, judgment
or sentence, and the functions of the participants in the
trial process;
(2) The defendant's ability to observe, recollect and
relate occurrences, especially those concerning the incidents
alleged, and to effectively communicate with counsel;
(3) The defendant's social behavior and abilities;
orientation as to time and place; recognition of persons,
places and things; and performance of motor processes.
(c) The defendant has the right to be present at every
hearing on the issue of his fitness. The defendant's presence
may be waived only if there is filed with the court a
certificate stating that the defendant is physically unable to
be present due to a disability and the reasons therefor. The
certificate shall be signed by a licensed physician, physician
assistant, or nurse practitioner who, within 7 days, has
examined the defendant. A disability is a mental or physical
condition that, in the opinion of a physician, physician
assistant, or nurse practitioner, prevents the defendant from
safely attending a hearing in person. The defendant's mere

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refusal to attend a hearing shall not by itself constitute a
disability, regardless of the person's mental state.
(d) On the basis of the evidence before it, the court or
jury shall determine whether the defendant is fit to stand
trial, or to plead, or to be sentenced. If it finds that the
defendant is unfit, the court or the jury shall determine
whether there is substantial probability that the defendant,
if provided with a course of treatment, will attain fitness
within one year, except if the defendant is facing either a
Class A or B misdemeanors, in which case the period of time
shall be no longer than the maximum for the most serious
offense. If the court or the jury finds that there is not a
substantial probability, the court shall proceed as provided
in Section 104-23. If such probability is found or if the court
or the jury is unable to determine whether a substantial
probability exists, the court shall order the defendant to
undergo treatment for the purpose of rendering the defendant
him fit. In the event that a defendant is ordered to undergo
treatment with when there has been no initial determination as
to the probability of his attaining fitness within the
statutory timeframe, the court shall conduct a hearing as soon
as possible following the receipt of the treatment
supervisor's report filed pursuant to subsection (g) paragraph
(d) of Section 104-17, unless the hearing is waived by the
defense, and shall make a determination as to whether a
substantial probability of attaining fitness within the

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statutory timeframe exists. If the court or the jury finds
that there is not a substantial probability that the defendant
may be rendered fit within the statutory limitations, the
court shall proceed as provided in Section 104-23.
(e) An order finding the defendant unfit is a final order
for purposes of appeal by the State or the defendant.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on pretrial release or on the defendant's his own
recognizance, the court shall select the least physically
restrictive form of treatment therapeutically appropriate and
consistent with the safety of the defendant or the safety of
others. treatment plan. The treatment placement may be ordered
on either on an inpatient or an outpatient basis.
(b) If the defendant defendant's is unfit due to mental
illness or developmental disability as identified in the
Mental Health and Developmental Disabilities Code disability
is mental, the court may order the defendant into the him
placed for secure treatment in the custody of the Department
of Human Services. , or The the court may also order the
defendant to be him placed in the custody of any other
appropriate public or private mental health facility or
treatment program which has agreed to provide treatment to the

SB2373 - 14 - LRB104 10122 RLC 20194 b
defendant. If the defendant is remanded to the custody of the
Department of Human Services for inpatient services, the
defendant shall be placed in a secure setting. During the
period of time required to determine bed and placement
availability at the designated facility, the defendant shall
remain in jail and the pretrial release provisions of Section
110-2 do not apply. If the most serious charge faced by the
defendant is a Class A or Class B misdemeanor, the court shall
order outpatient treatment, unless the court finds good cause
on the record to order secure, inpatient treatment. If the
court orders the defendant to inpatient treatment in the
custody of the Department of Human Services, the Department
shall conduct a placement screening evaluate the defendant to
determine the most appropriate placement option for secure
facility to receive the defendant and, within 20 days of the
successful transmittal by the clerk of the circuit court of
the court's placement order, if inpatient treatment is most
appropriate, notify the court, the State and the defense court
of the designated secure facility to receive the defendant. In
such case, the The Department shall admit the defendant to a
secure facility within 60 days of the transmittal of the
court's remand court's placement order, unless the Department
can demonstrate good faith efforts at placement and a lack of
bed and placement availability. If placement cannot be made
within 60 days of successful the transmittal of the court's
remand court's placement order and the Department has

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demonstrated good faith efforts at placement and a lack of bed
and placement availability, the Department shall provide the
court, the State, and the defense with an update and shall
continue an update to update the ordering court, the State and
the defense court every 30 days thereafter until the defendant
is placed. Once bed and placement availability is determined,
the Department shall notify the sheriff who shall promptly
transport the defendant to the designated facility. If the
defendant is placed in the custody of the Department of Human
Services, the defendant shall be placed in a secure setting.
During the period of time required to determine bed and
placement availability at the designated facility, the
defendant shall remain in jail. If during the course of
screening evaluating the defendant for placement, the
Department of Human Services determines that the defendant is
currently fit to stand trial, suitable for outpatient
treatment, or unfit without a substantial probability of being
rendered fit within the statutory timeframe, it shall
immediately notify the court, the State, and the defense court
and shall submit a written report within 7 days. In any of
those circumstances, that circumstance the placement shall be
held pending a court hearing on the Department's report.
Otherwise, upon completion of the placement process, including
identifying bed and placement availability, the sheriff shall
be notified and shall transport the defendant to the
designated facility. If, within 60 days of the successful

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transmittal by the clerk of the circuit court of the court's
remand court's placement order, the Department has not
provided the court fails to provide the sheriff with notice of
bed and placement availability at the designated facility, the
sheriff shall contact the Department to inquire about when a
placement will become available at the designated facility as
well as bed and placement availability at other secure
facilities. The Department shall respond to the sheriff within
2 business days of the notice and inquiry by the sheriff
seeking the transfer and the Department shall provide the
sheriff with the status of the placement screening, currently
designated facility evaluation, information on bed and
placement availability, and an estimated date of admission for
the defendant, and any changes to the that estimated date of
admission. If the Department notifies the sheriff during the 2
business day period of an alternate secure a facility operated
by the Department with current placement availability, the
sheriff shall promptly transport the defendant to that
facility. The placement may be ordered either on an inpatient
or an outpatient basis.
(c) If the defendant's disability is physical, the court
may order placement at a medical hospital or other residential
care facility or program that has agreed to provide treatment
to the defendant. Only such physical conditions that may be
overcome by special assistance or provisions as referenced in
Section 104-22 qualify as physical disabilities under this

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subsection. him placed under the supervision of the Department
of Human Services which shall place and maintain the defendant
in a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) If the defendant with mental disabilities is ordered
to outpatient treatment, the defendant shall be released from
custody with instructions to contact the Department of Human
Services to schedule the receipt of restoration services in
the community. A defendant who either fails to arrange for the
receipt of community restoration services or whom the
Department reports has failed to comply in any other respect
with the outpatient treatment order shall be remanded to the
Department pursuant to subsection (b) hereof to receive
inpatient services at a secure facility designated by the
Department.
(e) If the defendant is unfit due to any condition other
than a mental or physical condition as defined in Section
102-24, the court may order the defendant placed in a suitable
public or private treatment facility or program that has
agreed to provide treatment to the defendant. No person who
has not been determined to be unfit due to a mental or physical
condition identified in Section 102-24 may be placed in a
facility operated by the Department of Human Services.

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(f) (d) The clerk of the circuit court shall within 5 days
of the entry of the order transmit to the Department,
hospital, facility, agency or program institution, if any, to
which the defendant is remanded for treatment, the following:
(1) a certified copy of the order to undergo
treatment. Accompanying the certified copy of the order to
undergo treatment shall be the complete copy of any
initial fitness report prepared under Section 104-15 of
this Code or other report prepared by a forensic examiner
for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) an order authorizing the Department, hospital,
facility or program to contact and receive information
from prior and current treatment providers and the
defendant's family concerning prior admissions, treatment,
medications and behaviors; and
(6) (5) all additional matters which the Court directs
the clerk to transmit.
(g) (e) Within 30 days of admission to the hospital,
facility or program designated under this Section facility,
the person supervising the defendant's treatment shall submit

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to file with the court, the State, and the defense a report
assessing the hospital's, facility's or program's capacity to
provide appropriate treatment for the defendant and indicating
an his opinion as to the probability of the defendant's
attaining fitness within a period of time from the date of the
finding of unfitness. For a defendant charged with a felony,
the period of time shall be one year. For a defendant charged
with a Class A or Class B misdemeanor, the period of time shall
be no longer than the sentence if convicted of the most serious
offense. Defendants charged with Class C misdemeanors, petty
offenses, infraction of a municipal ordinance, or violation of
the Illinois Vehicle Code are not eligible for fitness
restoration services, unless the statutory penalty therefor
may include a sentence for a period of 180 days or longer. If
the report indicates that there is a substantial probability
that the defendant will attain fitness within the statutory
time period, the treatment supervisor shall also submit file a
treatment plan which shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)

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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
Sec. 104-18. Progress reports.
(a) The treatment supervisor shall submit a written
progress report to the court, the State, and the defense:
(1) At least 7 days prior to the date for any hearing
on the issue of the defendant's fitness, provided the
treatment supervisor has been notified by the court of
such date sufficiently in advance;;
(2) Whenever the treatment supervisor he believes that
the defendant has attained fitness;
(3) Whenever there is an opinion by the treatment
supervisor he believes that there is not a substantial
probability that the defendant will attain fitness, with
treatment, within the statutory time period set in
subsection (e) of Section 104-17 of this Code from the
date of the original finding of unfitness.
(b) The progress report shall contain:
(1) The clinical findings of the treatment supervisor
and the facts upon which the findings are based;
(2) The opinion of the treatment supervisor as to
whether the defendant has attained fitness, or as to
whether the defendant is making progress, under treatment,
toward attaining fitness within the statutory time period
set in subsection (e) of Section 104-17 of this Code from
the date of the original finding of unfitness, or there is

SB2373 - 21 - LRB104 10122 RLC 20194 b
not a substantially probability that the defendant will
attain fitness within the statutory time period;
(3) If the defendant is receiving medication,
information from the prescribing physician indicating the
type, the dosage and the effect of the medication on the
defendant's appearance, actions and demeanor.
(c) Whenever the court is sent a report from the
supervisor of the defendant's treatment under either paragraph
(2) or (3) of subsection (a) of this Section it shall, within
48 hours, enter an order upon the sheriff to return the
defendant to the county jail. Upon receipt of such order, the
treatment supervisor provider shall arrange directly with the
county sheriff jail for the immediate return of the defendant
to the county jail as provided under subsection (e) of Section
104-20 of this Code.
(d) Whenever the court receives a report from the
defendant's treatment supervisor pursuant to paragraph (2) or
(3) of subsection (a), the court shall forthwith set the
matter for a first hearing within 14 days, unless good cause is
demonstrated why the hearing cannot be held within that time
and shall set the hearing at the first available opportunity
thereafter.
(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
(725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
Sec. 104-19. Records.) Any report submitted to filed of

SB2373 - 22 - LRB104 10122 RLC 20194 b
record with the court concerning diagnosis, treatment or
treatment plans made pursuant to this Article shall not be
placed in the defendant's court record, but shall be
maintained separately by the clerk of the court and shall be
available only to the court or an appellate court, the State
and the defense, the Department, a hospital, facility or
program which is providing treatment to the defendant pursuant
to an order of the court or such other persons as the court may
direct.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
Sec. 104-20. Ninety-day hearings; continuing treatment.)
(a) Upon entry or continuation of any order to undergo
fitness restoration treatment, the court shall set a date for
hearing to reexamine the issue of the defendant's fitness not
more than 90 days from the original finding of unfitness and at
90-day intervals thereafter. The clerk of the circuit court
shall notify the hospital, facility or program providing
treatment to the defendant of all upcoming hearing dates. In
addition, whenever the court receives a report from the
supervisor of the defendant's treatment pursuant to
subparagraph (3) of paragraph (a) of Section 104-18, the court
shall forthwith set the matter for a first hearing within 14
days unless good cause is demonstrated why the hearing cannot
be held. Unless waived by the defense, on On the date set or

SB2373 - 23 - LRB104 10122 RLC 20194 b
upon conclusion of the matter then pending before it, the
court, sitting without a jury, shall conduct a hearing, unless
waived by the defense, and shall determine:
(1) Whether the defendant is fit to stand trial or to
plead; or and if not,
(2) Whether the defendant is making progress under
treatment toward attainment of fitness within the
statutory time period set in subsection (e) of Section
104-17 of this Code from the date of the original finding
of unfitness; or .
(3) Whether there is not a substantial probability
that the defendant may be restored to fitness within the
statutory timeframe.
(b) If the court finds the defendant to be fit pursuant to
this Section, the court shall set the matter for trial and if
in secure custody, order that the defendant be returned to the
county to stand trial. ; provided that if the defendant is in
need of continued care or treatment and the supervisor of the
defendant's treatment agrees to continue to provide it, the
court may enter any order it deems appropriate for the
continued care or treatment of the defendant by the facility
or program pending the conclusion of the criminal proceedings.
(c) If the court finds that the defendant is still unfit
but that the defendant he is making progress toward attaining
fitness, the court may continue or modify the its original
treatment order entered pursuant to Section 104-17.

SB2373 - 24 - LRB104 10122 RLC 20194 b
(d) If the court finds that the defendant is still unfit
and that the defendant he is not making progress toward
attaining fitness such that there is not a substantial
probability that the defendant he will attain fitness within
the time statutory period set in subsection (e) of Section
104-17 of this Code from the date of the original finding of
unfitness, if in secure custody, the court shall order that
the defendant be returned to the county and shall otherwise
proceed pursuant to Section 104-23. However, if the defendant
is in need of continued care and treatment and the supervisor
of the defendant's treatment agrees to continue to provide it,
the court may enter any order it deems appropriate for the
continued care or treatment by the facility or program pending
the conclusion of the criminal proceedings.
(e) Whenever the court receives a report from the
supervisor of the defendant's treatment under paragraph (2) or
(3) of subsection (a) of Section 104-18 of this Code, the court
shall, within 48 hours, immediately enter an order directing
the sheriff to return the defendant to the county jail and set
the matter for trial. At any time thereafter, the issue of the
defendant's fitness can be raised again under Section 104-11
of this Code. If the court finds that the defendant is still
unfit after being recommended as fit by the supervisor of the
defendant's treatment and, that it is substantially probable
that the defendant may be restored to fitness within the
statutory timeframe, the court shall attach a copy of any

SB2373 - 25 - LRB104 10122 RLC 20194 b
written report that identifies the relevant factors in favor
thereof the finding that the defendant continues to be unfit,
prepared by a licensed physician, clinical psychologist, or
psychiatrist, to the court order remanding the person for
further treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
(725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
Sec. 104-21. Medication.
(a) A defendant who is ordered into the custody of the
Department of Human Services after a finding of unfitness is
subject to the involuntary administration of medication under
Section 2-107.1 of the Mental Health and Developmental
Disabilities Code. The petition may be filed in either the
county where the defendant is located or with the court having
jurisdiction over the defendant. A defendant receiving
psychotropic drugs shall not be presumed to be unfit to stand
trial solely by virtue of the receipt of those drugs or
medications.
(a-5) The court-ordered custodian of a defendant who is
subject to the involuntary administration of medication under
this Section shall be entitled to receive the treatment notes,
records, and reports relative to the defendant upon written
request. A prior treatment provider who is provided with a
copy of the court's custody order shall respond to the
custodian's records request within 5 business days. No records

SB2373 - 26 - LRB104 10122 RLC 20194 b
received pursuant to this Section may be used for any purposes
except to determine whether the defendant meets the criteria
for court-ordered treatment under Section 2-107.1 or to
prepare for and participate in hearings under Section 2-107.1.
(a-7) A petition filed on behalf of a defendant who is in
custody under this Article shall be heard within 7 days,
unless good cause is stated on the record why the hearing
cannot be so held within the statutory timeframe. In no event,
however, shall such hearing be delayed beyond 14 days from the
date the petition is filed. The court shall adjudicate the
petition within 3 working days of the conclusion of the
medication hearing.
(b) Whenever a defendant who is receiving medication under
medical direction is transferred between a place of custody
and a treatment facility or program, a written report from the
prescribing physician shall accompany the defendant. The
report shall state the type and dosage of the defendant's
medication and the duration of the prescription. The chief
officer of the place of custody or the treatment supervisor at
the facility or program shall ensure insure that such
medication is provided according to the directions of the
prescribing physician or until superseded by order of a
physician who has examined the defendant.
(c) (Blank). If a defendant refuses psychotropic
medication, it may be administered over the defendant's
objections in accord with the Mental Health and Developmental

SB2373 - 27 - LRB104 10122 RLC 20194 b
Disabilities Code. If court authorized medications are sought,
the petition, prepared in accord with Section 2-107.1 of the
Mental Health and Developmental Disabilities Code may be filed
in the county where the defendant is located or with the court
having jurisdiction over the defendant.
(Source: P.A. 98-1025, eff. 8-22-14.)
(725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
Sec. 104-22. Trial with special provisions and
assistance.) (a) On motion of the defendant, the State or on
the court's own accord motion, the court shall determine
whether special provisions or assistance will render the
defendant fit to stand trial as defined in Section 104-10.
(b) Such special provisions or assistance may include but
are not limited to:
(1) The administration of medication.
(2) (1) Appointment of qualified translators who shall
simultaneously translate all testimony at trial into
language understood by the defendant.
(3) (2) Appointment of experts qualified to assist a
defendant who because of a disability is unable to
understand the proceedings or communicate with the
defendant's his or her attorney.
(c) The case may proceed to trial only if the court
determines that such provisions or assistance compensate for a
defendant's disabilities so as to render the defendant fit as

SB2373 - 28 - LRB104 10122 RLC 20194 b
defined in Section 104-10. In such cases the court shall state
for the record the following:
(1) The qualifications and experience of the experts or
other persons appointed to provide special assistance to the
defendant;
(2) The court's reasons for selecting or appointing the
particular experts or other persons to provide the special
assistance to the defendant;
(3) How the appointment of the particular expert or other
persons will serve the goal of rendering the defendant fit in
view of the appointee's qualifications and experience, taken
in conjunction with the particular disabilities of the
defendant; and
(4) Any other factors considered by the court in
determining that the defendant is fit with special provisions
or assistance. appointing that individual.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
Sec. 104-23. Unfit defendants. Cases involving an unfit
defendant who demands a discharge hearing or a defendant whom
the defendant's treatment supervisor has reported as unfit
without a substantial probability of attaining fitness within
the statutory time period who cannot become fit to stand trial
and for whom no special provisions or assistance can
compensate for the defendant's his disability and render the

SB2373 - 29 - LRB104 10122 RLC 20194 b
defendant him fit shall proceed in the following manner:
(a) Upon a determination that there is not a substantial
probability that the defendant will attain fitness within the
time period set in subsection (e) of Section 104-17 of this
Code from the original finding of unfitness, the court The
court shall hold a discharge hearing within 14 60 days, unless
good cause is shown for the delay.
(b) If at the hearing at any time the court determines that
there is not a substantial probability that the defendant will
attain fitness become fit to stand trial or to plead within the
statutory time period it shall proceed as follows: set in
subsection (e) of Section 104-17 of this Code from the date of
the original finding of unfitness, or if at the end of the time
period set in subsection (e) of Section 104-17 of this Code
from that date the court finds the defendant still unfit and
for whom no special provisions or assistance can compensate
for his disabilities and render him fit, the State shall
request the court:
(1) To set the matter for a discharge hearing pursuant
to Section 104-25 104-25 unless a hearing has already been
held pursuant to paragraph (a) of this Section; or
(2) To release the defendant from custody and to
dismiss with prejudice the charges against the defendant
him; or
(3) To remand the defendant to the custody of the
Department of Human Services and order an involuntary

SB2373 - 30 - LRB104 10122 RLC 20194 b
civil commitment a hearing to be conducted pursuant to the
provisions of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended. The
Department of Human Services shall have 7 days from the
date it receives the defendant assess the individual and
if warranted, to prepare and file the necessary petition
and certificates that are required for commitment on an
inpatient or outpatient basis under the Mental Health and
Developmental Disabilities Code subject to a 7 day
extension upon a showing of good cause. If the defendant
is committed to the Department of Human Services pursuant
to such hearing, the court having jurisdiction over the
criminal matter shall dismiss the charges against the
defendant, with the leave to reinstate. In such cases the
Department of Human Services shall notify the court, the
State's attorney and the defense attorney upon the
discharge of the defendant. A former defendant so
committed shall be otherwise treated in the same manner as
any other civilly committed patient for all purposes
including admission, selection of the place of treatment
and the treatment modalities, entitlement to rights and
privileges, transfer, and discharge. If the defendant does
not qualify for involuntary commitment, but has expressed
a willingness to be admitted on a voluntary basis and the
facility director determines that the defendant is
clinically suitable for voluntary admission, the

SB2373 - 31 - LRB104 10122 RLC 20194 b
Department shall so advise the court, the State, and the
defense. The court may consider this factor in determining
whether to proceed under subparagraph (1) or (2) of
paragraph (b) of this Section. Should the court dismiss
with prejudice the charges against the defendant, the
defendant shall then be admission to the Department on a
voluntary basis pursuant to the Mental Health and
Developmental Disabilities Code. If a defendant who does
not qualify for involuntary commitment is unwilling or
unsuitable for voluntary admission, the Department shall
so advise the court, the State and the defense. Upon
receipt of such a notice, the court A defendant who is not
committed shall, within 48 hours, enter an order for the
sheriff to transport the defendant to the county jail be
remanded to the court having jurisdiction of the criminal
matter for further disposition pursuant to subparagraph
(1) or (2) of paragraph (b) of this Section.
(c) Where charges have not been dismissed with prejudice,
if If the defendant is later restored to fitness and the
original charges against him are reinstated, the speedy trial
provisions of Section 103-5 shall commence to run.
(Source: P.A. 102-1118, eff. 1-18-23.)
(725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
Sec. 104-24. Time Credit. Time spent in custody pursuant
to orders issued under this Article Section 104-17 or 104-20

SB2373 - 32 - LRB104 10122 RLC 20194 b
or pursuant to a commitment to the Department of Human
Services following a finding of unfitness or incompetency
under prior law, shall be credited against any sentence
imposed on the defendant in the pending criminal case or in any
other case arising out of the same conduct. The court shall
calculate the time credit to be applied when considering the
maximum period of time that a defendant may remain in custody.
The Department of Human Services shall not be authorized to
independently apply or calculate time credit.
(Source: P.A. 89-507, eff. 7-1-97.)
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a) of Section 104-23 and
subparagraph (1) of paragraph (b) of Section 104-23 a hearing
to determine the sufficiency of the evidence shall be held.
Such hearing shall be conducted by the court without a jury.
The State and the defendant may introduce evidence relevant to
the question of defendant's guilt of the crime charged.
The court may admit hearsay or affidavit evidence on
secondary matters such as testimony to establish the chain of
possession of physical evidence, laboratory reports,
authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence presented by the State does not prove
the defendant guilty beyond a reasonable doubt, the court

SB2373 - 33 - LRB104 10122 RLC 20194 b
shall enter a judgment of acquittal; however nothing herein
shall prevent the State from requesting the court to commit
the defendant to the Department of Human Services under the
provisions of the Mental Health and Developmental Disabilities
Code.
(c) If after considering the evidence, the defendant is
found not guilty by reason of insanity, the court shall enter a
judgment of acquittal and the proceedings after acquittal by
reason of insanity under Section 5-2-4 of the Unified Code of
Corrections shall apply.
(d) If the discharge hearing does not result in an
acquittal of the charge under subsection (b) or (c), the
defendant may be remanded for further treatment and the
statutory one year time limit for restoration set forth in
Section 104-23 shall be extended as follows:
(1) If the most serious charge upon which the State
sustained its burden of proof was a Class 1 or Class X
felony, the treatment period may be extended up to a
maximum treatment period of 2 years;
(1.1) If the most serious charge upon which the State
sustained its burden of proof was if a Class 2, 3, or 4
felony, the treatment period may be extended up to a
maximum of 15 months;
(2) If the State sustained its burden of proof on a
charge of first degree murder, the treatment period may be
extended up to a maximum treatment period of 5 years.

SB2373 - 34 - LRB104 10122 RLC 20194 b
(3) Defendants facing misdemeanor charges are not
subject to extension of the treatment period unless they
are also facing felony charges on the same conduct.
(e) Transcripts of testimony taken at a discharge hearing
may be admitted in evidence at a subsequent trial of the case,
subject to the rules of evidence, if the witness who gave such
testimony is legally unavailable at the time of the subsequent
trial.
(f) If the court fails to enter an order of acquittal the
defendant may appeal from such judgment in the same manner
provided for an appeal from a conviction in a criminal case.
(g) At the expiration of an extended period of treatment
ordered pursuant to subsection (d) of this Section:
(1) Upon a finding that the defendant is fit or can be
rendered fit consistent with special provisions or
assistance pursuant to Section 104-22 if in custody, the
court shall, within 48 hours, order the sheriff to return
the defendant to the county and the court may otherwise
proceed with trial.
(2) If the defendant continues to be unfit to stand
trial, the court shall determine whether the defendant he
or she is subject to involuntary admission under the
Mental Health and Developmental Disabilities Code or
constitutes a serious threat to the public safety. If so
found, the defendant shall be remanded to the Department
of Human Services for further treatment and shall be

SB2373 - 35 - LRB104 10122 RLC 20194 b
treated in the same manner as a civilly committed patient
for all purposes, except that the defendant shall be
placed in a secure setting unless the court determines
that there are compelling reasons why such placement is
not necessary. In addition, the criminal original court
having jurisdiction over the defendant shall be required
to approve any conditional release or discharge of the
defendant, for the period of commitment equal to the
maximum sentence to which the defendant would have been
subject had the defendant he or she been convicted in the
underlying a criminal proceeding. The court shall
calculate the maximum period of civil commitment under
this subsection and no credits may be applied against such
term other than those considered and applied by the court.
During this period of commitment, the original court
having jurisdiction over the defendant shall hold hearings
under clause (i) of this paragraph (2). However, if the
defendant is remanded to the Department of Human Services,
the defendant shall be placed in a secure setting unless
the court determines that there are compelling reasons why
such placement is not necessary.
If the defendant does not have a current treatment
plan, then within 3 days of admission under this
subsection subdivision (g)(2), the defendant's treatment
supervisor shall submit a treatment plan to the court, the
State, and the defense shall be prepared for each

SB2373 - 36 - LRB104 10122 RLC 20194 b
defendant and entered into his or her record. The plan
shall include (i) an assessment of the defendant's
treatment needs, (ii) a description of the services
recommended for treatment, (iii) the goals of each type of
element of service, (iv) an anticipated timetable for the
accomplishment of the goals, and (v) a designation of the
qualified professional responsible for the implementation
of the plan. The plan shall be reviewed and updated as the
clinical condition warrants, but not less than every 30
days.
Every 90 days after the entry of an initial admission
order under this subsection subdivision (g)(2), the
defendant's treatment supervisor facility director shall
submit file a progress typed treatment plan report to the
court, the State, and the defense with the original court
having jurisdiction over the defendant. The report shall
include an opinion as to whether the defendant is: (i) fit
to stand trial, or (ii) if not, and whether the defendant
is currently subject to involuntary admission. If so, the
treatment supervisor shall also state whether the
defendant is , in need of mental health services on an
inpatient basis, or in need of mental health services on
an outpatient basis. The report shall also summarize the
basis for those findings and provide a current summary of
the 5 items required in a treatment plan. A copy of the
report shall be forwarded to the clerk of the circuit

SB2373 - 37 - LRB104 10122 RLC 20194 b
court to be filed in accordance with Section 104-19 with a
copy provided to the State and the defense, if the
defendant is represented by counsel. If the report states
that the defendant is fit to stand trial, the court shall
conduct a fitness hearing. If the defendant is found fit,
the court shall, within 48 hours, order the county sheriff
to return the defendant to the county jail to stand trial.
Upon request of the defendant's treatment supervisor,
the State, the defense, or on the court's court, the State's
Attorney, and the defendant's attorney if the defendant is
represented by counsel. The court on its own motion, it may
order a hearing to review the treatment plan. The defendant or
the State's Attorney may request a treatment plan review every
90 days and the court shall review the current treatment plan
to determine whether the plan complies with the requirements
of this Section. The court may also order an independent
examination of the defendant on its own initiative or at the
request of and shall order such an evaluation if either the
defense recipient or the State State's Attorney so requests
and has demonstrated to the court that the plan cannot be
effectively reviewed by the court without such an examination.
Under no circumstances shall the court be required to order an
independent examination pursuant to this Section. However, if
it does, it may not do so more than once each 12-month period
year. The examination shall be conducted by a psychiatrist or
clinical psychologist as defined in Section 1-103 of the

SB2373 - 38 - LRB104 10122 RLC 20194 b
Mental Health and Developmental Disabilities Code who is not
in the employ of the Department of Human Services.
If, during the period within which the defendant is
confined in a secure setting, the court enters an order
that requires the defendant to appear, the court shall
timely transmit a copy of the order or writ to the director
of the hospital, particular Department of Human Services
facility or program providing services to the defendant
where the defendant resides authorizing the transportation
of the defendant to the court for the purpose of the
hearing.
(i) 180 days after a defendant is remanded to the
Department of Human Services, under paragraph (2) of
subsection (g) paragraph (2), and every 180 days
thereafter for so long as the defendant is confined
under the order entered thereunder, the court shall
set a hearing and shall direct that notice of the time
and place of the hearing be served upon the defendant,
the facility director, the State's Attorney, and the
defendant's attorney. If requested by either the State
or the defense or if the court determines that it is
appropriate, an impartial examination of the defendant
by a psychiatrist or clinical psychologist as defined
in Section 1-103 of the Mental Health and
Developmental Disabilities Code who is not in the
employ of the Department of Human Services shall be

SB2373 - 39 - LRB104 10122 RLC 20194 b
ordered, and the report considered at the time of the
hearing. If the defendant is not currently represented
by counsel, the court shall appoint the public
defender to represent the defendant at the hearing.
The court shall make a finding as to whether the
defendant is: (A) subject to involuntary admission
and, if so, whether the defendant is ; or (B) in need of
mental health services in the form of inpatient care;
or (C) in need of mental health services on an
outpatient basis but not subject to involuntary
admission nor inpatient care.
The findings of the court shall be established by
clear and convincing evidence and the burden of proof
and the burden of going forward with the evidence
shall rest with the State State's Attorney. The court
Upon finding by the court, the court shall enter its
findings on and an appropriate order.
(ii) The terms "subject to involuntary admission",
"in need of mental health services in the form of
inpatient care" and "in need of mental health services
on an outpatient basis but not subject to involuntary
admission nor inpatient care" shall have the meanings
ascribed to them in clause (a-1) (d)(3) of Section
5-2-4 of the Unified Code of Corrections.
(3) If the defendant is not committed pursuant to this
Section, the defendant he or she shall be released.

SB2373 - 40 - LRB104 10122 RLC 20194 b
(4) In no event may the treatment period be extended
to exceed the maximum sentence to which a defendant would
have been subject had the defendant he or she been
convicted in the a criminal proceeding on the most serious
offense. For purposes of this Section, the maximum
sentence shall be determined by Section 5-8-1 (730 ILCS
5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code
of Corrections", excluding any sentence of natural life.
(5) If the treatment supervisor reports the defendant
as fit, the court shall immediately, within 48 hours,
order the sheriff to return the defendant to the county
jail to stand trial, plead, or be sentenced.
(Source: P.A. 95-1052, eff. 7-1-09.)
(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
Sec. 104-26. Disposition of Defendants suffering
disabilities.
(a) A defendant convicted following a trial conducted
under the provisions of Section 104-22 shall not be sentenced
before a written presentence report of investigation is
presented to and considered by the court. The presentence
report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
5-3-4 of the Unified Code of Corrections, as now or hereafter
amended, and shall include a physical and mental examination
unless the court finds that the reports of prior physical and
mental examinations conducted pursuant to this Article are

SB2373 - 41 - LRB104 10122 RLC 20194 b
adequate and recent enough so that additional examinations
would be unnecessary.
(b) (Blank).
(c) A defendant convicted following a trial under Section
104-22 shall be sentenced according to the procedures and
dispositions authorized under the Unified Code of Corrections,
as now or hereafter amended, subject to the following
provisions:
(1) The court shall not impose a sentence of
imprisonment upon the offender if the court believes that
due to the presence of a because of his disability, a
sentence of imprisonment would not serve the ends of
justice and the interests of society and the offender or
that because of a his disability, a sentence of
imprisonment would subject the offender to excessive
hardship. In addition to any other conditions of a
sentence of conditional discharge or probation, the court
may require that the offender undergo treatment
appropriate for the defendant's to his mental or physical
condition.
(2) (Blank). After imposing a sentence of imprisonment
upon an offender who has a mental disability, the court
may remand him to the custody of the Department of Human
Services and order a hearing to be conducted pursuant to
the provisions of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended. If the

SB2373 - 42 - LRB104 10122 RLC 20194 b
offender is committed following such hearing, he shall be
treated in the same manner as any other civilly committed
patient for all purposes except as provided in this
Section. If the defendant is not committed pursuant to
such hearing, he shall be remanded to the sentencing court
for disposition according to the sentence imposed.
(3) If the court imposes a sentence of imprisonment
upon an offender who has a mental disability but does not
proceed under subparagraph (2) of paragraph (c) of this
Section, it shall order the Department of Corrections to
proceed pursuant to Section 3-8-5 of the Unified Code of
Corrections, as now or hereafter amended.
(3.5) If the court imposes a sentence of imprisonment
upon an offender who has a mental disability, it the court
shall direct the clerk of the circuit court circuit court
clerk to immediately notify the Illinois State Police,
Firearm Owner's Identification (FOID) Office, in a form
and manner prescribed by the Illinois State Police and
shall forward a copy of the court order to the Department.
(4) If the court imposes a sentence of imprisonment
upon an offender who has a physical disability, it may
authorize the Department of Corrections to place the
offender in a public or private facility which is able to
provide care or treatment for the offender's disability
and which agrees to do so.
(5) When an offender is placed with the Department of

SB2373 - 43 - LRB104 10122 RLC 20194 b
Human Services or another facility pursuant to
subparagraph (2) or (4) of this paragraph (c), the public
or Department or private facility shall not discharge or
allow the offender to be at large in the community without
prior approval of the court. If the defendant is placed in
the custody of the Department of Human Services, the
defendant shall be placed in a secure setting unless the
court determines that there are compelling reasons why
such placement is not necessary. The offender shall accrue
all good time credits as determined by the court while in
the custody of the public or private facility and shall be
eligible for parole in the same manner as if the offender
he were serving the defendant's his sentence within the
Department of Corrections. If the sentence has not yet
expired when When the offender no longer requires
hospitalization, care, or treatment, the public or private
Department of Human Services or the facility shall
transfer the offender him, if his sentence has not
expired, to the Department of Corrections. If an offender
is transferred to the Department of Corrections, the
facility Department of Human Services shall transfer to
the Department of Corrections all related records
pertaining to length of custody and treatment services
provided during the time the offender was held.
(6) The Department of Corrections shall notify the
public or private Department of Human Services or a

SB2373 - 44 - LRB104 10122 RLC 20194 b
facility in which an offender has been placed pursuant to
subparagraph (2) or (4) of paragraph (c) of this Section
of the expiration of the his sentence. Thereafter, an
offender so placed in the Department of Human Services
shall continue to be treated pursuant to the defendant's
his commitment order and shall be considered a civilly
committed patient for all purposes including discharge. An
offender who is in a facility pursuant to subparagraph (4)
of paragraph (c) of this Section shall be informed by the
facility of the expiration of the defendant's his
sentence, and shall either consent to the continuation of
the defendant's his care or treatment by the facility, or
shall be discharged.
(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
(725 ILCS 5/104-27 rep.)
(725 ILCS 5/104-28 rep.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 104-27 and 104-28.
SB2373 - 45 - LRB104 10122 RLC 20194 b
INDEX
Statutes amended in order of appearance
725 ILCS 5/102-24 new
725 ILCS 5/102-25 new
725 ILCS 5/104-10 from Ch. 38, par. 104-10
725 ILCS 5/104-11 from Ch. 38, par. 104-11
725 ILCS 5/104-13 from Ch. 38, par. 104-13
725 ILCS 5/104-14 from Ch. 38, par. 104-14
725 ILCS 5/104-15 from Ch. 38, par. 104-15
725 ILCS 5/104-16 from Ch. 38, par. 104-16
725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/104-18 from Ch. 38, par. 104-18
725 ILCS 5/104-19 from Ch. 38, par. 104-19
725 ILCS 5/104-20 from Ch. 38, par. 104-20
725 ILCS 5/104-21 from Ch. 38, par. 104-21
725 ILCS 5/104-22 from Ch. 38, par. 104-22
725 ILCS 5/104-23 from Ch. 38, par. 104-23
725 ILCS 5/104-24 from Ch. 38, par. 104-24
725 ILCS 5/104-25 from Ch. 38, par. 104-25
725 ILCS 5/104-26 from Ch. 38, par. 104-26
725 ILCS 5/104-27 rep.
725 ILCS 5/104-28 rep.