Bill Text: IL SB2800 | 2013-2014 | 98th General Assembly | Enrolled

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Department of Human Services Act. Reinstates the return of a defendant to the county jail before the court hearing to reexamine the defendant's fitness to stand trial once the supervisor of the defendant's treatment submits his or her report to the court. Requires the Department of Human Services to prepare a report on the impact of the reinstated provision to the Governor and the General Assembly on or before January 2, 2016. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0944 [SB2800 Detail]

Download: Illinois-2013-SB2800-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Human Services Act is amended
by changing Section 1-60 as follows:
(20 ILCS 1305/1-60)
Sec. 1-60. Pilot study. The Department of Human Services
shall prepare 2 reports on the impact of the provisions of
subsection (c) of Section 104-18 of the Code of Criminal
Procedure of 1963. A preliminary report shall be prepared and
submitted to the Governor and the General Assembly by November
1, 2012. A final report shall be prepared and submitted to the
Governor and the General Assembly by October 1, 2013. The
Department of Human Services shall prepare a report on the
impact, after January 1, 2014, of the provisions of subsection
(c) of Section 104-18 of the Code of Criminal Procedure of
1963. The report shall be prepared and submitted to the
Governor and the General Assembly on or before January 2, 2016.
Each report shall be posted on the Department's website within
a week of its submission. Each report shall discuss the number
of admissions during the reporting period, any delay in
admissions, the number of persons returned to the county under
the provisions of subsection (c) of Section 104-18 of the Code

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of Criminal Procedure of 1963, and any issues the county
sheriffs or other county officials are having with the returns.
Each report shall include a recommendation from the Department
of Human Services and one from an association representing
Illinois sheriffs whether to continue the pilot study. If
either report indicates that there are serious deleterious
effects from the provisions of subsection (c) of Section 104-18
of the Code of Criminal Procedure of 1963 or that the
provisions of subsection (c) of Section 104-18 of the Code of
Criminal Procedure of 1963 are not producing adequate results,
the General Assembly may take necessary steps to eliminate the
provisions of subsection (c) of Section 104-18 of the Code of
Criminal Procedure of 1963 prior to January 1, 2014.
(Source: P.A. 97-1020, eff. 8-17-12.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 104-18 as follows:
(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;
(2) Whenever he believes that the defendant has
attained fitness;

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(3) Whenever he believes that there is not a
substantial probability that the defendant will attain
fitness, with treatment, within one year 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 one year from the date of the
original finding of unfitness;
(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 paragraph (2) of subsection
(a) of this Section, the treatment provider shall arrange with
the court for the return of the defendant to the county jail
before the time frame specified in subsection (a) of Section
104-20 of this Code. This subsection (c) is inoperative on and
after January 1, 2014.
(Source: P.A. 97-1020, eff. 8-17-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.