summary
Introduced
02/07/2025
02/07/2025
In Committee
02/07/2025
02/07/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to modify procedures for handling defendants who are found unfit to stand trial. The bill introduces several key changes, including defining new terms like "mental condition" and establishing more specific guidelines for fitness examinations and treatment. When a defendant is found unfit due to mental illness or developmental disability, they may be remanded to the Department of Human Services, and if placed for inpatient services, they must be in a secure setting. During the period of determining placement availability, the defendant will remain in jail. The bill prohibits Department of Human Services employees from being ordered to perform fitness examinations and provides detailed protocols for outpatient and inpatient treatment. If a defendant fails to comply with outpatient treatment, they can be remanded for inpatient services. For defendants unfit due to conditions like traumatic brain injury or dementia, the court may order placement in a suitable treatment facility. The bill also establishes more structured procedures for progress reports, discharge hearings, and potential extension of treatment periods, with specific time limits based on the severity of the original charges. Additionally, the bill provides guidelines for sentencing and disposition of defendants with disabilities, emphasizing individualized consideration of their specific conditions and potential treatment needs.
Sponsors (2)
Last Action
Added as Chief Co-Sponsor Sen. Graciela Guzmán (on 02/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2373&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB2373.htm |
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