HB1587 Engrossed

LRB094 10539 RLC 40816 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 104-20 as follows:
 



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    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)



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    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) 
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(a) Upon entry
or continuation of any order to undergo 
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treatment, the court shall set a
date for hearing to reexamine 
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the issue of the defendant's fitness not more
than 90 days 
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thereafter.  In addition, whenever the court receives a report

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from the supervisor of the defendant's treatment pursuant to 
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subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the 
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court shall forthwith
set the matter for a first hearing within 
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21 days unless good cause is demonstrated why the hearing 
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cannot be held.  On the date set or upon conclusion of the 
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matter
then pending before it, the court, sitting without a 
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jury, shall conduct
a hearing, unless waived by the defense, 
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and shall determine:

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    (1) Whether the defendant is fit to stand trial or to 
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plead; and if not,

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    (2) Whether the defendant is making progress under 
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treatment toward attainment
of fitness within one year from the 
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date of the original finding
of unfitness.

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    (b) If the court finds the defendant to be fit pursuant to 
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this Section,
the court shall set the matter for trial; 
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provided that if the defendant
is in need of continued care or 
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treatment and the supervisor of the defendant's
treatment 
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agrees to continue to provide it, the court may enter any order

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it deems appropriate for the continued care or treatment of the 
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defendant
by the facility or program pending the conclusion of 
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the criminal proceedings.

 


 






HB1587 Engrossed
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LRB094 10539 RLC 40816 b




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    (c) If the court finds that the defendant is still unfit 
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but that he is
making progress toward attaining fitness, the 
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court may continue or modify
its original treatment order 
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entered pursuant to Section 104-17.

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    (d) If the court finds that the defendant is still unfit 
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and that he is
not making progress toward attaining fitness 
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such that there is not a
substantial probability that he will 
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attain fitness within one year from
the date of the original 
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finding of unfitness, the court shall proceed pursuant
to 
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Section 104-23.  However, if the defendant is in need of 
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continued care
and treatment and the supervisor of the 
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defendant's treatment agrees to
continue to provide it, the 
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court may enter any order it deems appropriate
for the 
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continued care or treatment by the facility or program pending 
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the
conclusion of the criminal proceedings.

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(Source: P.A. 81-1217.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.