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HB 3468

CRIM PRO-UNFIT DEFENDANT

104th Regular Session Introduced by Terra Costa Howard

HB 3468 tightens procedures for unfit defendants, clarifying placements, restoration pathways, and safeguards while directing secure DHS facilities and outpatient restoration rules

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3468

Summary — HB 3468 (104th General Assembly)

Title: CRIM PRO — Unfit Defendant
Primary sponsor: Rep. Terra Costa Howard
Introduced: February 18–27, 2025 (filed 2/27/2025)
Current status: Rule 19(a) / Re‑referred to Rules Committee (House Amendment 001 filed 3/20/2025)

Purpose / Intent

HB 3468 revises Illinois criminal procedure provisions governing defendants found unfit to stand trial. The bill clarifies placement, evaluation, and restoration procedures for unfit defendants, defines relevant medical/clinical terms, and sets limits on use of State-operated psychiatric facilities for certain conditions.

Key provisions

  • Scope: Amends multiple sections of the Code of Criminal Procedure (Sections 104-10 through 104-26) and adds two new definitional sections (102-24 and 102-25).
  • Definitions added/clarified:
    • “Mental condition” / “physical condition” language explicitly references traumatic brain injury (TBI), organic brain disease (e.g., dementia, Alzheimer’s), and distinguishes these from mental illness or developmental disability.
    • “Treatment supervisor” / “qualified professional” defined to include physicians, psychiatrists, psychologists, nurse practitioners, licensed clinical social workers, and nurses (including those supervised) who may oversee fitness restoration and opine on fitness.
  • Examinations:
    • Prohibits ordering a physician or other Department of Human Services (DHS) employee to perform fitness examinations in their official DHS capacity.
  • Placement/remand rules:
    • If a defendant is remanded to DHS for inpatient services, the defendant must be placed in a secure setting designated by DHS.
    • While DHS determines bed/placement availability at the designated facility, the defendant remains in jail; pretrial release provisions do not apply during that period.
    • No person who has not been determined unfit due to an identified condition may be placed in a facility operated by DHS.
  • Outpatient restoration:
    • If a defendant with mental disabilities is ordered to outpatient treatment, the court shall release the defendant with instructions to contact DHS to schedule community restoration services.
    • If the defendant fails to arrange or comply with outpatient restoration as reported by DHS, the defendant may be remanded to DHS for inpatient services at a secure facility.
  • Reports and confidentiality:
    • The initial fitness report must indicate any information that could be harmful to the defendant’s mental condition if disclosed; the court may restrict the defendant’s access to that portion of the report.
  • House Amendment 001 (filed 3/20/2025):
    • Removes references to “alcohol or substance use, cannabis use” in certain provisions and adds a specific prohibition: a defendant found unfit due to a primary diagnosis of substance use disorder shall not be remanded to a State‑operated psychiatric hospital.

Who is affected

  • Defendants found unfit to stand trial (particularly those with TBI, dementia/Alzheimer’s, mental illness, or substance use disorders).
  • Courts handling fitness determinations and orders for restoration.
  • Department of Human Services (DHS) facilities and personnel.
  • County jails (because defendants may remain in custody pending DHS placement).
  • Qualified clinicians responsible for fitness evaluations and restoration.

Procedural/timeline notes

  • Introduced in February 2025; assigned to Judiciary — Criminal Committee (3/11/2025). House Amendment 001 filed 3/20/2025 and re‑referred to Rules Committee under Rule 19(a). Read first time 3/24/2025. Further committee action pending.

Potential practical effects (neutral description)

  • May increase utilization of secure DHS placements for certain unfit defendants while excluding those primarily unfit due to substance use disorder from State psychiatric hospitals.
  • Creates a structured outpatient restoration pathway with conditions for re-remand to inpatient care.
  • Could increase time defendants remain in jail while placement is coordinated, and affect DHS bed and program demand.

Compiled from official sources — confirm details with the bill’s official record.

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