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91_SB0849enr
SB849 Enrolled LRB9106073SMdv
1 AN ACT regarding mental health, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Section 2 as follows:
7 (20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
8 Sec. 2. Definitions; administrative subdivisions.
9 (a) For the purposes of this Act, unless the context
10 otherwise requires:
11 "Department" means the Department of Human Services,
12 successor to the former Department of Mental Health and
13 Developmental Disabilities.
14 "Secretary" means the Secretary of Human Services.
15 (b) Unless the context otherwise requires:
16 (1) References in this Act to the programs or
17 facilities of the Department shall be construed to refer
18 only to those programs or facilities of the Department
19 that pertain to mental health or developmental
20 disabilities.
21 (2) References in this Act to the Department's
22 service providers or service recipients shall be
23 construed to refer only to providers or recipients of
24 services that pertain to the Department's mental health
25 and developmental disabilities functions.
26 (3) References in this Act to employees of the
27 Department shall be construed to refer only to employees
28 whose duties pertain to the Department's mental health
29 and developmental disabilities functions.
30 (c) The Secretary shall establish such subdivisions of
31 the Department as shall be desirable and shall assign to the
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1 various subdivisions the responsibilities and duties placed
2 upon the Department by the Laws of the State of Illinois.
3 (d) There is established a coordinator of services to
4 mentally disabled deaf and hearing impaired persons. In
5 hiring this coordinator, every consideration shall be given
6 to qualified deaf or hearing impaired individuals.
7 (e) Whenever the administrative director of the
8 subdivision for mental health services is not a
9 board-certified psychiatrist, the Secretary shall appoint a
10 Chief for Clinical Services who shall be a board-certified
11 psychiatrist with both clinical and administrative
12 experience. The Chief for Clinical Services shall be
13 responsible for all clinical and medical decisions for mental
14 health services.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 Section 5. The Mental Health and Developmental
17 Disabilities Code is amended by changing Sections 1-122 and
18 3-814 and by adding Section 1-101.2 as follows:
19 (405 ILCS 5/1-101.2 new)
20 Sec. 1-101.2. "Adequate and humane care and services"
21 means services reasonably calculated to result in a
22 significant improvement of the condition of a recipient of
23 services confined in an inpatient mental health facility so
24 that he or she may be released or services reasonably
25 calculated to prevent further decline in the clinical
26 condition of a recipient of services so that he or she does
27 not present an imminent danger to self or others.
28 (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
29 Sec. 1-122. Qualified examiner. "Qualified examiner"
30 means a person who is:
31 (a) a Clinical social worker as defined in this Act, or
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1 (b) a registered nurse with a master's degree in
2 psychiatric nursing who has 3 years of clinical training and
3 experience in the evaluation and treatment of mental illness
4 which has been acquired subsequent to any training and
5 experience which constituted a part of the degree program, or
6
7 (c) a licensed clinical professional counselor with a
8 master's or doctoral degree in counseling or psychology or a
9 similar master's or doctorate program from a regionally
10 accredited institution who has at least 3 years of supervised
11 postmaster's clinical professional counseling experience that
12 includes the provision of mental health services for the
13 evaluation, treatment, and prevention of mental and emotional
14 disorders.
15 A social worker who is a qualified examiner shall be a
16 licensed clinical social worker under the Clinical Social
17 Work and Social Work Practice Act.
18 (Source: P.A. 87-124; 87-530.)
19 (405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
20 Sec. 3-814. Treatment plan.
21 (a) Not more than 30 days after admission under this
22 Article, the facility director shall file with the court a
23 current treatment plan with the court which shall include:
24 all the requirements listed in Section 3-209, includes an
25 evaluation of the recipient's progress and the extent to
26 which he is benefiting from treatment, the criteria which
27 form the basis for the determination that the patient is
28 subject to involuntary admission as defined in Section 1-119,
29 and the specific behaviors or conditions that demonstrate
30 that the recipient meets these criteria for continued
31 confinement. If the facility director is unable to determine
32 any of the required information, the treatment plan shall
33 include an explanation of why the facility director is unable
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1 to make this determination, what the facility director is
2 doing to enable himself or herself to determine the
3 information, and the date by which the facility director
4 expects to be able to make this determination. The facility
5 director shall forward a copy of the plan to the State's
6 Attorney, the recipient's attorney, if the recipient is
7 represented by counsel, the recipient, and any guardian of
8 the recipient.
9 (b) The purpose of the filing, forwarding, and review of
10 treatment plans and treatment is to ensure that the recipient
11 is receiving adequate and humane care and services as defined
12 in Section 1-101.2 and to ensure that the recipient continues
13 to meet the standards for involuntary confinement.
14 (c) On request of the recipient or an interested person
15 on his behalf, or on the court's own initiative, the court
16 shall review the current treatment plan to determine whether
17 its contents comply with the requirements of this Section and
18 Section 3-209. A request to review the current treatment plan
19 may be made by the recipient, or by an interested person on
20 his behalf, 30 days after initial commitment under Section
21 3-813, 90 days after the initial commitment, and 90 days
22 after each additional period of commitment under subsection
23 (b) of Section 3-813. If the court determines that any of the
24 information required by this Section or Section 3-209 to be
25 included in the treatment plan is not in the treatment plan
26 or that the treatment plan does not contain information from
27 which the court can determine whether the recipient continues
28 to meet the criteria for continued confinement, the court
29 shall indicate what is lacking and order the facility
30 director to revise the current treatment plan to comply with
31 this Section and Section 3-209. If the recipient has been
32 ordered committed to the facility after he has been found not
33 guilty by reason of insanity, the treatment plan and its
34 review shall be subject to the provisions of Section 5-2-4 of
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1 the Unified Code of Corrections.
2 (d) The recipient or an interested person on his or her
3 behalf may request a hearing or the court on its own motion
4 may order a hearing to review the treatment being received by
5 the recipient. The court, the recipient, or the State's
6 Attorney may call witnesses at the hearing. The court may
7 order any public agency, officer, or employee to render such
8 information, cooperation, and assistance as is within its
9 legal authority and as may be appropriate to achieve the
10 objectives of this Section. The court may order an
11 independent examination on its own initiative and shall order
12 such an evaluation if either the recipient or the State's
13 Attorney so requests and has demonstrated to the court that
14 the plan cannot be effectively reviewed by the court without
15 such an examination. Under no circumstances shall the court
16 be required to order an independent examination pursuant to
17 this Section more than once each year. The examination shall
18 be conducted by persons authorized to conduct independent
19 examinations under Section 3-804 recipient or an interested
20 person on his behalf may request a hearing or the court on
21 its own motion may order a hearing to review the treatment
22 plan. If the court is satisfied that the recipient is
23 benefiting from treatment, it may continue the original order
24 for the remainder of the admission period. If the court is
25 not so satisfied, it may modify its original order or it may
26 order the recipient discharged.
27 (e) In lieu of a treatment plan, the facility director
28 may file a typed summary of the treatment plan which contains
29 the information required under Section 3-209 and subsection
30 (a) of this Section.
31 (Source: P.A. 88-380.)
32 Section 10. The Code of Criminal Procedure of 1963 is
33 amended by changing Section 104-25 as follows:
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1 (725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
2 Sec. 104-25. Discharge hearing.
3 (a) As provided for in paragraph (a) of Section 104-23
4 and subparagraph (1) of paragraph (b) of Section 104-23 a
5 hearing to determine the sufficiency of the evidence shall be
6 held. Such hearing shall be conducted by the court without a
7 jury. The State and the defendant may introduce evidence
8 relevant to the question of defendant's guilt of the crime
9 charged.
10 The court may admit hearsay or affidavit evidence on
11 secondary matters such as testimony to establish the chain of
12 possession of physical evidence, laboratory reports,
13 authentication of transcripts taken by official reporters,
14 court and business records, and public documents.
15 (b) If the evidence does not prove the defendant guilty
16 beyond a reasonable doubt, the court shall enter a judgment
17 of acquittal; however nothing herein shall prevent the State
18 from requesting the court to commit the defendant to the
19 Department of Human Services under the provisions of the
20 Mental Health and Developmental Disabilities Code.
21 (c) If the defendant is found not guilty by reason of
22 insanity, the court shall enter a judgment of acquittal and
23 the proceedings after acquittal by reason of insanity under
24 Section 5-2-4 of the Unified Code of Corrections shall apply.
25 (d) If the discharge hearing does not result in an
26 acquittal of the charge the defendant may be remanded for
27 further treatment and the one year time limit set forth in
28 Section 104-23 shall be extended as follows:
29 (1) If the most serious charge upon which the State
30 sustained its burden of proof was a Class 1 or Class X
31 felony, the treatment period may be extended up to a
32 maximum treatment period of 2 years; if a Class 2, 3, or
33 4 felony, the treatment period may be extended up to a
34 maximum of 15 months;
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1 (2) If the State sustained its burden of proof on a
2 charge of first degree murder, the treatment period may
3 be extended up to a maximum treatment period of 5 years.
4 (e) Transcripts of testimony taken at a discharge
5 hearing may be admitted in evidence at a subsequent trial of
6 the case, subject to the rules of evidence, if the witness
7 who gave such testimony is legally unavailable at the time of
8 the subsequent trial.
9 (f) If the court fails to enter an order of acquittal
10 the defendant may appeal from such judgment in the same
11 manner provided for an appeal from a conviction in a criminal
12 case.
13 (g) At the expiration of an extended period of treatment
14 ordered pursuant to this Section:
15 (1) Upon a finding that the defendant is fit or can
16 be rendered fit consistent with Section 104-22, the court
17 may proceed with trial.
18 (2) If the defendant continues to be unfit to stand
19 trial, the court shall determine whether he or she is
20 subject to involuntary admission under the Mental Health
21 and Developmental Disabilities Code or constitutes a
22 serious threat to the public safety. If so found, the
23 defendant shall be remanded to the Department of Human
24 Services for further treatment and shall be treated in
25 the same manner as a civilly committed patient for all
26 purposes, except that the original court having
27 jurisdiction over the defendant shall be required to
28 approve any conditional release or discharge of the
29 defendant, for the period of commitment equal to the
30 maximum sentence to which the defendant would have been
31 subject had he or she been convicted in a criminal
32 proceeding. During this period of commitment, the
33 original court having jurisdiction over the defendant
34 shall hold hearings under clause (i) of this paragraph
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1 (2). However, if the defendant is remanded to the
2 Department of Human Services, the defendant shall be
3 placed in a secure setting unless the court determines
4 that there are compelling reasons why such placement is
5 not necessary.
6 If the defendant does not have a current treatment
7 plan, then within 3 days of admission under this
8 subdivision (g)(2), a treatment plan shall be prepared
9 for each defendant and entered into his or her record.
10 The plan shall include (i) an assessment of the
11 defendant's treatment needs, (ii) a description of the
12 services recommended for treatment, (iii) the goals of
13 each type of element of service, (iv) an anticipated
14 timetable for the accomplishment of the goals, and (v) a
15 designation of the qualified professional responsible for
16 the implementation of the plan. The plan shall be
17 reviewed and updated as the clinical condition warrants,
18 but not less than every 30 days.
19 Every 90 days after the initial admission under this
20 subdivision (g)(2), the facility director shall file a
21 typed treatment plan report with the original court
22 having jurisdiction over the defendant. The report shall
23 include an opinion as to whether the defendant is fit to
24 stand trial and whether the defendant is currently
25 subject to involuntary admission, in need of mental
26 health services on an inpatient basis, or in need of
27 mental health services on an outpatient basis. The
28 report shall also summarize the basis for those findings
29 and provide a current summary of the 5 items required in
30 a treatment plan. A copy of the report shall be
31 forwarded to the clerk of the court, the State's
32 Attorney, and the defendant's attorney if the defendant
33 is represented by counsel.
34 The court on its own motion may order a hearing to
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1 review the treatment plan. The defendant or the State's
2 Attorney may request a treatment plan review every 90
3 days and the court shall review the current treatment
4 plan to determine whether the plan complies with the
5 requirements of this Section. The court may order an
6 independent examination on its own initiative and shall
7 order such an evaluation if either the recipient or the
8 State's Attorney so requests and has demonstrated to the
9 court that the plan cannot be effectively reviewed by the
10 court without such an examination. Under no
11 circumstances shall the court be required to order an
12 independent examination pursuant to this Section more
13 than once each year. The examination shall be conducted
14 by a psychiatrist or clinical psychologist as defined in
15 Section 1-103 of the Mental Health and Developmental
16 Disabilities Code who is not in the employ of the
17 Department of Human Services.
18 If, during the period within which the defendant is
19 confined in a secure setting, the court enters an order
20 that requires the defendant to appear, the court shall
21 timely transmit a copy of the order or writ to the
22 director of the particular Department of Human Services
23 facility where the defendant resides authorizing the
24 transportation of the defendant to the court for the
25 purpose of the hearing.
26 (i) 180 days after a defendant is remanded to
27 the Department of Human Services, under paragraph
28 (2), and every 180 days thereafter for so long as
29 the defendant is confined under the order entered
30 thereunder, the facility director shall file a
31 treatment plan with the original court having
32 jurisdiction over the defendant. The plan shall
33 include an evaluation of the defendant's progress
34 and the extent to which he or she is benefitting
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1 from treatment and an opinion as to whether the
2 defendant is currently subject to involuntary
3 admission or in need of mental health services on an
4 inpatient basis or in need of mental health services
5 on an outpatient basis. A copy of the report shall
6 be forwarded by the facility director to the clerk
7 of the court, State's Attorney and the defendant's
8 attorney if the defendant is represented by counsel.
9 Within 30 days of the receipt of the report by the
10 court, the court shall set a hearing and shall
11 direct that notice of the time and place of the
12 hearing be served upon the defendant, the facility
13 director, the State's Attorney, and the defendant's
14 attorney. If requested by either the State or the
15 defense or if the court determines that it is
16 appropriate, an impartial examination of the
17 defendant by a psychiatrist or clinical psychologist
18 as defined in Section 1-103 of the Mental Health and
19 Developmental Disabilities Code who is not in the
20 employ of the Department of Human Services shall be
21 ordered, and the report considered at the time of
22 the hearing. If the defendant is not currently
23 represented by counsel the court shall appoint the
24 public defender to represent the defendant at the
25 hearing. The court shall make a finding as to
26 whether the defendant is:
27 (A) subject to involuntary admission; or
28 (B) in need of mental health services in
29 the form of inpatient care; or
30 (C) in need of mental health services but
31 not subject to involuntary admission nor
32 inpatient care.
33 The findings of the court shall be established by
34 clear and convincing evidence and the burden of
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1 proof and the burden of going forward with the
2 evidence shall rest with the State's Attorney. Upon
3 finding by the court, the court shall enter its
4 findings and an appropriate order.
5 (ii) The terms "subject to involuntary
6 admission", "in need of mental health services in
7 the form of inpatient care" and "in need of mental
8 health services but not subject to involuntary
9 admission nor inpatient care" shall have the
10 meanings ascribed to them in clause (d)(3) of
11 Section 5-2-4 of the Unified Code of Corrections.
12 (3) If the defendant is not committed pursuant to
13 this Section, he or she shall be released.
14 (4) In no event may the treatment period be
15 extended to exceed the maximum sentence to which a
16 defendant would have been subject had he or she been
17 convicted in a criminal proceeding. For purposes of this
18 Section, the maximum sentence shall be determined by
19 Section 5-8-1 of the "Unified Code of Corrections",
20 excluding any sentence of natural life.
21 (Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
22 Section 15. The Unified Code of Corrections is amended
23 by changing Section 5-2-4 as follows:
24 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
25 Sec. 5-2-4. Proceedings after Acquittal by Reason of
26 Insanity.
27 (a) After a finding or verdict of not guilty by reason
28 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
29 of Criminal Procedure of 1963, the defendant shall be ordered
30 to the Department of Human Services for an evaluation as to
31 whether he is subject to involuntary admission or in need of
32 mental health services. The order shall specify whether the
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1 evaluation shall be conducted on an inpatient or outpatient
2 basis. If the evaluation is to be conducted on an inpatient
3 basis, the defendant shall be placed in a secure setting
4 unless the Court determines that there are compelling reasons
5 why such placement is not necessary. After the evaluation and
6 during the period of time required to determine the
7 appropriate placement, the defendant shall remain in jail.
8 Upon completion of the placement process the sheriff shall
9 be notified and shall transport the defendant to the
10 designated facility.
11 The Department shall provide the Court with a report of
12 its evaluation within 30 days of the date of this order. The
13 Court shall hold a hearing as provided under the Mental
14 Health and Developmental Disabilities Code to determine if
15 the individual is: (a) subject to involuntary admission; (b)
16 in need of mental health services on an inpatient basis; (c)
17 in need of mental health services on an outpatient basis; (d)
18 a person not in need of mental health services. The Court
19 shall enter its findings.
20 If the defendant is found to be subject to involuntary
21 admission or in need of mental health services on an
22 inpatient care basis, the Court shall order the defendant to
23 the Department of Human Services. The defendant shall be
24 placed in a secure setting unless the Court determines that
25 there are compelling reasons why such placement is not
26 necessary. Such defendants placed in a secure setting shall
27 not be permitted outside the facility's housing unit unless
28 escorted or accompanied by personnel of the Department of
29 Human Services or with the prior approval of the Court for
30 unsupervised on-grounds privileges as provided herein. Any
31 defendant placed in a secure setting pursuant to this
32 Section, transported to court hearings or other necessary
33 appointments off facility grounds by personnel of the
34 Department of Human Services, may be placed in security
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1 devices or otherwise secured during the period of
2 transportation to assure secure transport of the defendant
3 and the safety of Department of Human Services personnel and
4 others. These security measures shall not constitute
5 restraint as defined in the Mental Health and Developmental
6 Disabilities Code. If the defendant is found to be in need
7 of mental health services, but not on an inpatient care
8 basis, the Court shall conditionally release the defendant,
9 under such conditions as set forth in this Section as will
10 reasonably assure the defendant's satisfactory progress in
11 treatment or rehabilitation and the safety of the defendant
12 or others. If the Court finds the person not in need of
13 mental health services, then the Court shall order the
14 defendant discharged from custody.
15 (1) Definitions: For the purposes of this Section:
16 (A) "Subject to involuntary admission" means: a
17 defendant has been found not guilty by reason of
18 insanity; and
19 (i) who is mentally ill and who because of his
20 mental illness is reasonably expected to inflict
21 serious physical harm upon himself or another in the
22 near future; or
23 (ii) who is mentally ill and who because of
24 his illness is unable to provide for his basic
25 physical needs so as to guard himself from serious
26 harm.
27 (B) "In need of mental health services on an
28 inpatient basis" means: a defendant who has been found
29 not guilty by reason of insanity who is not subject to
30 involuntary admission but who is reasonably expected to
31 inflict serious physical harm upon himself or another and
32 who would benefit from inpatient care or is in need of
33 inpatient care.
34 (C) "In need of mental health services on an
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1 outpatient basis" means: a defendant who has been found
2 not guilty by reason of insanity who is not subject to
3 involuntary admission or in need of mental health
4 services on an inpatient basis, but is in need of
5 outpatient care, drug and/or alcohol rehabilitation
6 programs, community adjustment programs, individual,
7 group, or family therapy, or chemotherapy.
8 (D) "Conditional Release" means: the release from
9 either the custody of the Department of Human Services or
10 the custody of the Court of a person who has been found
11 not guilty by reason of insanity under such conditions as
12 the Court may impose which reasonably assure the
13 defendant's satisfactory progress in treatment or
14 habilitation and the safety of the defendant and others.
15 The Court shall consider such terms and conditions which
16 may include, but need not be limited to, outpatient care,
17 alcoholic and drug rehabilitation programs, community
18 adjustment programs, individual, group, family, and
19 chemotherapy, periodic checks with the legal authorities
20 and/or the Department of Human Services. The person or
21 facility rendering the outpatient care shall be required
22 to periodically report to the Court on the progress of
23 the defendant. Such conditional release shall be for a
24 period of five years, unless the defendant, the person or
25 facility rendering the treatment, therapy, program or
26 outpatient care, or the State's Attorney petitions the
27 Court for an extension of the conditional release period
28 for an additional three years. Upon receipt of such a
29 petition, the Court shall hold a hearing consistent with
30 the provisions of this paragraph (a) and paragraph (f) of
31 this Section, shall determine whether the defendant
32 should continue to be subject to the terms of conditional
33 release, and shall enter an order either extending the
34 defendant's period of conditional release for a single
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1 additional three year period or discharging the
2 defendant. In no event shall the defendant's period of
3 conditional release exceed eight years. These provisions
4 for extension of conditional release shall only apply to
5 defendants conditionally released on or after July 1,
6 1979. However the extension provisions of Public Act
7 83-1449 apply only to defendants charged with a forcible
8 felony.
9 (E) "Facility director" means the chief officer of
10 a mental health or developmental disabilities facility or
11 his or her designee or the supervisor of a program of
12 treatment or habilitation or his or her designee.
13 "Designee" may include a physician, clinical
14 psychologist, social worker, or nurse.
15 (b) If the Court finds the defendant subject to
16 involuntary admission or in need of mental health services on
17 an inpatient basis, the admission, detention, care, treatment
18 or habilitation, treatment plans, review proceedings,
19 including review of treatment and treatment plans, and
20 discharge of the defendant after such order shall be under
21 the Mental Health and Developmental Disabilities Code, except
22 that the initial order for admission of a defendant acquitted
23 of a felony by reason of insanity shall be for an indefinite
24 period of time. Such period of commitment shall not exceed
25 the maximum length of time that the defendant would have been
26 required to serve, less credit for good behavior, before
27 becoming eligible for release had he been convicted of and
28 received the maximum sentence for the most serious crime for
29 which he has been acquitted by reason of insanity. The Court
30 shall determine the maximum period of commitment by an
31 appropriate order. During this period of time, the defendant
32 shall not be permitted to be in the community in any manner,
33 including but not limited to off-grounds privileges, with or
34 without escort by personnel of the Department of Human
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1 Services, unsupervised on-grounds privileges, discharge or
2 conditional or temporary release, except by a plan as
3 provided in this Section. In no event shall a defendant's
4 continued unauthorized absence be a basis for discharge. Not
5 more than 30 days after admission and every 60 days
6 thereafter so long as the initial order remains in effect,
7 the facility director shall file a treatment plan report with
8 the court and forward a copy of the treatment plan report to
9 the clerk of the court, the State's Attorney, and the
10 defendant's attorney, if the defendant is represented by
11 counsel, or to a person authorized by the defendant under the
12 Mental Health and Developmental Disabilities Confidentiality
13 Act to be sent a copy of the report. The report Such plan
14 shall include an opinion as to whether the defendant is
15 currently subject to involuntary admission, in need of mental
16 health services on an inpatient basis, or in need of mental
17 health services on an outpatient basis. The report shall
18 also summarize the basis for those findings and provide a
19 current summary of the following items from the treatment
20 plan: (1) an assessment of the defendant's treatment needs,
21 (2) a description of the services recommended for treatment,
22 (3) the goals of each type of element of service, (4) an
23 anticipated timetable for the accomplishment of the goals,
24 and (5) a designation of the qualified professional
25 responsible for the implementation of the plan an evaluation
26 of the defendant's progress and the extent to which he is
27 benefiting from treatment. The report Such plan may also
28 include unsupervised on-grounds privileges, off-grounds
29 privileges (with or without escort by personnel of the
30 Department of Human Services), home visits and participation
31 in work programs, but only where such privileges have been
32 approved by specific court order, which order may include
33 such conditions on the defendant as the Court may deem
34 appropriate and necessary to reasonably assure the
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1 defendant's satisfactory progress in treatment and the safety
2 of the defendant and others.
3 (c) Every defendant acquitted of a felony by reason of
4 insanity and subsequently found to be subject to involuntary
5 admission or in need of mental health services shall be
6 represented by counsel in all proceedings under this Section
7 and under the Mental Health and Developmental Disabilities
8 Code.
9 (1) The Court shall appoint as counsel the public
10 defender or an attorney licensed by this State.
11 (2) Upon filing with the Court of a verified
12 statement of legal services rendered by the private
13 attorney appointed pursuant to paragraph (1) of this
14 subsection, the Court shall determine a reasonable fee
15 for such services. If the defendant is unable to pay the
16 fee, the Court shall enter an order upon the State to pay
17 the entire fee or such amount as the defendant is unable
18 to pay from funds appropriated by the General Assembly
19 for that purpose.
20 (d) When the facility director determines that:
21 (1) the defendant is no longer subject to
22 involuntary admission or in need of mental health
23 services on an inpatient basis; and
24 (2) the defendant may be conditionally released
25 because he or she is still in need of mental health
26 services or that the defendant may be discharged as not
27 in need of any mental health services; or
28 (3) the defendant no longer requires placement in a
29 secure setting;
30 the facility director shall give written notice to the Court,
31 State's Attorney and defense attorney. Such notice shall set
32 forth in detail the basis for the recommendation of the
33 facility director, and specify clearly the recommendations,
34 if any, of the facility director, concerning conditional
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1 release. Within 30 days of the notification by the facility
2 director, the Court shall set a hearing and make a finding as
3 to whether the defendant is:
4 (i) subject to involuntary admission; or
5 (ii) in need of mental health services in the form
6 of inpatient care; or
7 (iii) in need of mental health services but not
8 subject to involuntary admission or inpatient care; or
9 (iv) no longer in need of mental health services;
10 or
11 (v) no longer requires placement in a secure
12 setting.
13 Upon finding by the Court, the Court shall enter its
14 findings and such appropriate order as provided in subsection
15 (a) of this Section.
16 (e) A defendant admitted pursuant to this Section, or
17 any person on his behalf, may file a petition for treatment
18 plan review, transfer to a non-secure setting within the
19 Department of Human Services or discharge or conditional
20 release under the standards of this Section in the Court
21 which rendered the verdict. Upon receipt of a petition for
22 treatment plan review, transfer to a non-secure setting or
23 discharge or conditional release, the Court shall set a
24 hearing to be held within 120 days. Thereafter, no new
25 petition may be filed for 120 days without leave of the
26 Court.
27 (f) The Court shall direct that notice of the time and
28 place of the hearing be served upon the defendant, the
29 facility director, the State's Attorney, and the defendant's
30 attorney. If requested by either the State or the defense or
31 if the Court feels it is appropriate, an impartial
32 examination of the defendant by a psychiatrist or clinical
33 psychologist as defined in Section 1-103 of the Mental Health
34 and Developmental Disabilities Code who is not in the employ
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1 of the Department of Human Services shall be ordered, and the
2 report considered at the time of the hearing.
3 (g) The findings of the Court shall be established by
4 clear and convincing evidence. The burden of proof and the
5 burden of going forth with the evidence rest with the State
6 when a hearing is held to review the determination of the
7 facility director that the defendant should be transferred to
8 a non-secure setting, discharged or conditionally released.
9 The burden of proof and the burden of going forth with the
10 evidence rest on the defendant when a hearing is held to
11 review a petition filed by or on behalf of such defendant.
12 The evidence shall be presented in open Court with the right
13 of confrontation and cross-examination.
14 (h) If the Court finds that the defendant is no longer
15 in need of mental health services it shall order the facility
16 director to discharge the defendant. If the Court finds that
17 the defendant is in need of mental health services, and no
18 longer in need of inpatient care, it shall order the facility
19 director to release the defendant under such conditions as
20 the Court deems appropriate and as provided by this Section.
21 Such conditional release shall be imposed for a period of
22 five years and shall be subject to later modification by the
23 Court as provided by this Section. If the Court finds that
24 the defendant is subject to involuntary admission or in need
25 of mental health services on an inpatient basis, it shall
26 order the facility director not to discharge or release the
27 defendant in accordance with paragraph (b) of this Section.
28 (i) If within the period of the defendant's conditional
29 release, the Court determines, after hearing evidence, that
30 the defendant has not fulfilled the conditions of release,
31 the Court shall order a hearing to be held consistent with
32 the provisions of paragraph (f) and (g) of this Section. At
33 such hearing, if the Court finds that the defendant is
34 subject to involuntary admission or in need of mental health
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1 services on an inpatient basis, it shall enter an order
2 remanding him or her to the Department of Human Services or
3 other facility. If the defendant is remanded to the
4 Department of Human Services, he or she shall be placed in a
5 secure setting unless the Court determines that there are
6 compelling reasons that such placement is not necessary. If
7 the Court finds that the defendant continues to be in need
8 of mental health services but not on an inpatient basis, it
9 may modify the conditions of the original release in order to
10 reasonably assure the defendant's satisfactory progress in
11 treatment and his or her safety and the safety of others. In
12 no event shall such conditional release be longer than eight
13 years. Nothing in this Section shall limit a Court's contempt
14 powers or any other powers of a Court.
15 (j) An order of admission under this Section does not
16 affect the remedy of habeas corpus.
17 (k) In the event of a conflict between this Section and
18 the Mental Health and Developmental Disabilities Code or the
19 Mental Health and Developmental Disabilities Confidentiality
20 Act, the provisions of this Section shall govern.
21 (l) This amendatory Act shall apply to all persons who
22 have been found not guilty by reason of insanity and who are
23 presently committed to the Department of Mental Health and
24 Developmental Disabilities (now the Department of Human
25 Services).
26 (m) The Clerk of the Court shall, after the entry of an
27 order of transfer to a non-secure setting of the Department
28 of Human Services or discharge or conditional release,
29 transmit a certified copy of the order to the Department of
30 Human Services, and the sheriff of the county from which the
31 defendant was admitted. In cases where the arrest of the
32 defendant or the commission of the offense took place in any
33 municipality with a population of more than 25,000 persons,
34 the Clerk of the Court shall also transmit a certified copy
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1 of the order of discharge or conditional release to the
2 proper law enforcement agency for said municipality provided
3 the municipality has requested such notice in writing.
4 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
5 90-105, eff. 7-11-97; 90-593, eff. 6-19-98.)
6 Section 20. The Mental Health and Developmental
7 Disabilities Confidentiality Act is amended by changing
8 Section 9.2 as follows:
9 (740 ILCS 110/9.2)
10 Sec. 9.2. Interagency disclosure of recipient
11 information. For the purposes of continuity of care, the
12 Department of Human Services (as successor to the Department
13 of Mental Health and Developmental Disabilities), and
14 community agencies funded by the Department of Human Services
15 in that capacity, and jails operated by any county of this
16 State may disclose a recipient's record or communications,
17 without consent, to each other, but only for the purpose of
18 admission, treatment, planning, or discharge. Entities shall
19 not redisclose any personally identifiable information,
20 unless necessary for admission, treatment, planning, or
21 discharge of the identified recipient to another setting. No
22 records or communications may be disclosed to a county jail
23 pursuant to this Section unless the Department has entered
24 into a written agreement with the county jail requiring that
25 the county jail adopt written policies and procedures
26 designed to ensure that the records and communications are
27 disclosed only to those persons employed by or under contract
28 to the county jail who are involved in the provision of
29 mental health services to inmates and that the records and
30 communications are protected from further disclosure.
31 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 2000.
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