HB 1743

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Full Text of HB1743
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	HB1743 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1743
Introduced 1/28/2025, by Rep. Dennis Tipsword, Jr.
SYNOPSIS AS INTRODUCED:
725 ILCS 5/104-17	  from Ch. 38, par. 104-17
Amends the Code of Criminal Procedure of 1963 concerning a defendant's commitment for mental health treatment. Provides that if the Department of Human Services does not provide placement within the 20 days of transmittal from the circuit court clerk, the Department shall provide payment to the sheriff, as prescribed by the sheriff, including, but not limited to, housing and mental health services for each day after 20 days have passed from the time the defendant was first placed in the sheriff's custody. Provides that the sheriff shall not be held liable for any issues encountered after the 20th day the defendant remains in his or her care. Deletes provision that Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. Deletes if placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed.
LRB104 06270 RLC 16305 b
A BILL FOR
		HB1743		LRB104 06270 RLC 16305 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 104-17 as follows:
6    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
7    Sec. 104-17. Commitment for treatment; treatment plan.
8    (a) If the defendant is eligible to be or has been released
9on pretrial release or on his own recognizance, the court
10shall select the least physically restrictive form of
11treatment therapeutically appropriate and consistent with the
12treatment plan. The placement may be ordered either on an
13inpatient or an outpatient basis.
14    (b) If the defendant's disability is mental, the court may
15order him placed for secure treatment in the custody of the
16Department of Human Services, or the court may order him
17placed in the custody of any other appropriate public or
18private mental health facility or treatment program which has
19agreed to provide treatment to the defendant. If the most
20serious charge faced by the defendant is a misdemeanor, the
21court shall order outpatient treatment, unless the court finds
22good cause on the record to order inpatient treatment. If the
23court orders the defendant to inpatient treatment in the
		HB1743	- 2 -	LRB104 06270 RLC 16305 b
1custody of the Department of Human Services, the Department
2shall evaluate the defendant to determine the most appropriate
3secure facility to receive the defendant and, within 20 days
4of the transmittal by the clerk of the circuit court of the
5court's placement order, notify the sheriff court of the
6designated facility to receive the defendant. Upon receipt of
7the notice, The Department shall admit the defendant to a
8secure facility within 60 days of the transmittal of the
9court's placement order, unless the Department can demonstrate
10good faith efforts at placement and a lack of bed and placement
11availability. If placement cannot be made within 60 days of
12the transmittal of the court's placement order and the
13Department has demonstrated good faith efforts at placement
14and a lack of bed and placement availability, the Department
15shall provide an update to the ordering court every 30 days
16until the defendant is placed. Once bed and placement
17availability is determined, the Department shall notify the
18sheriff who shall promptly transport the defendant to the
19designated facility. If the defendant is placed in the custody
20of the Department of Human Services, the defendant shall be
21placed in a secure setting. During the period of time required
22to determine bed and placement availability at the designated
23facility, the defendant shall remain in jail. If during the
24course of evaluating the defendant for placement, the
25Department of Human Services determines that the defendant is
26currently fit to stand trial, it shall immediately notify the
		HB1743	- 3 -	LRB104 06270 RLC 16305 b
1court and shall submit a written report within 7 days. In that
2circumstance the placement shall be held pending a court
3hearing on the Department's report. Otherwise, upon completion
4of the placement process, including identifying bed and
5placement availability, the sheriff shall be notified and
6shall transport the defendant to the designated facility. If,
7within 60 days of the transmittal by the clerk of the circuit
8court of the court's placement order, the Department fails to
9provide the sheriff with notice of bed and placement
10availability at the designated facility, the sheriff shall
11contact the Department to inquire about when a placement will
12become available at the designated facility as well as bed and
13placement availability at other secure facilities. The
14Department shall respond to the sheriff within 2 business days
15of the notice and inquiry by the sheriff seeking the transfer
16and the Department shall provide the sheriff with the status
17of the evaluation, information on bed and placement
18availability, and an estimated date of admission for the
19defendant and any changes to that estimated date of admission.
20If the Department notifies the sheriff during the 2 business
21day period of a facility operated by the Department with
22placement availability, the sheriff shall promptly transport
23the defendant to that facility. The placement may be ordered
24either on an inpatient or an outpatient basis. If the
25Department does not provide placement within the 20 days of
26transmittal from the clerk, the Department shall provide
		HB1743	- 4 -	LRB104 06270 RLC 16305 b
1payment to the sheriff, as prescribed by the sheriff,
2including, but not limited to, housing and mental health
3services for each day after 20 days have passed from the time
4the defendant was first placed in the sheriff's custody. The
5sheriff shall not be held liable for any issues encountered
6after the 20th day the defendant remains in his or her care.
7    (c) If the defendant's disability is physical, the court
8may order him placed under the supervision of the Department
9of Human Services which shall place and maintain the defendant
10in a suitable treatment facility or program, or the court may
11order him placed in an appropriate public or private facility
12or treatment program which has agreed to provide treatment to
13the defendant. The placement may be ordered either on an
14inpatient or an outpatient basis.
15    (d) The clerk of the circuit court shall within 5 days of
16the entry of the order transmit to the Department, agency or
17institution, if any, to which the defendant is remanded for
18treatment, the following:
19        (1) a certified copy of the order to undergo
20    treatment. Accompanying the certified copy of the order to
21    undergo treatment shall be the complete copy of any report
22    prepared under Section 104-15 of this Code or other report
23    prepared by a forensic examiner for the court;
24        (2) the county and municipality in which the offense
25    was committed;
26        (3) the county and municipality in which the arrest
		HB1743	- 5 -	LRB104 06270 RLC 16305 b
1    took place;
2        (4) a copy of the arrest report, criminal charges,
3    arrest record; and
4        (5) all additional matters which the Court directs the
5    clerk to transmit.
6    (e) Within 30 days of admission to the designated
7facility, the person supervising the defendant's treatment
8shall file with the court, the State, and the defense a report
9assessing the facility's or program's capacity to provide
10appropriate treatment for the defendant and indicating his
11opinion as to the probability of the defendant's attaining
12fitness within a period of time from the date of the finding of
13unfitness. For a defendant charged with a felony, the period
14of time shall be one year. For a defendant charged with a
15misdemeanor, the period of time shall be no longer than the
16sentence if convicted of the most serious offense. If the
17report indicates that there is a substantial probability that
18the defendant will attain fitness within the time period, the
19treatment supervisor shall also file a treatment plan which
20shall include:
21        (1) A diagnosis of the defendant's disability;
22        (2) A description of treatment goals with respect to
23    rendering the defendant fit, a specification of the
24    proposed treatment modalities, and an estimated timetable
25    for attainment of the goals;
26        (3) An identification of the person in charge of
		HB1743	- 6 -	LRB104 06270 RLC 16305 b
1    supervising the defendant's treatment.
2(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)