IL SB3444 | 2023-2024 | 103rd General Assembly

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 8 2024 - 25% progression
Action: 2024-04-15 - Chief Sponsor Changed to Sen. Don Harmon
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

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.

Tracking Information

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Title

CRIM PRO-UNFIT DEFENDANT

Sponsors


History

DateChamberAction
2024-04-15SenateChief Sponsor Changed to Sen. Don Harmon
2024-02-08SenateReferred to Assignments
2024-02-08SenateFirst Reading
2024-02-08SenateFiled with Secretary by Sen. Ann Gillespie

Code Citations

ChapterArticleSectionCitation TypeStatute Text
7255102-24New CodeSee Bill Text
7255104-10Amended CodeCitation Text
7255104-11Amended CodeCitation Text
7255104-12Amended CodeCitation Text
7255104-13Amended CodeCitation Text
7255104-14Amended CodeCitation Text
7255104-15Amended CodeCitation Text
7255104-16Amended CodeCitation Text
7255104-17Amended CodeCitation Text
7255104-18Amended CodeCitation Text
7255104-19Amended CodeCitation Text
7255104-20Amended CodeCitation Text
7255104-21Amended CodeCitation Text
7255104-22Amended CodeCitation Text
7255104-23Amended CodeCitation Text
7255104-24Amended CodeCitation Text
7255104-25Amended CodeCitation Text
7255104-26Amended CodeCitation Text
7255104-27Repealed CodeCitation Text
7255104-28Repealed CodeCitation Text
7255104-30Amended CodeCitation Text
7255104-31Amended CodeCitation Text

Illinois State Sources


Bill Comments

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