HB3764 - CRIM PRO-UNFIT DEFENDANT

1 Co-Sponsor

Amends the Code of Criminal Procedure of 1963. In a provision concerning commitment for treatment, provides that the court shall order that the placement be on an outpatient basis unless the court determines: (1) that outpatient treatment will not provide reasonable assurances for the safety of the defendant and others or provide reasonable assurances that the defendant can be restored to fitness on an outpatient basis, or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits, or other barriers. Provides that the defendant shall be placed in a State operated facility under certain circumstances unless there are no beds available. Provides that if the Department of Human Services determines that a defendant, who has been placed in the Department's custody for treatment on an inpatient basis, can be treated on an outpatient basis, the Department shall provide written notification to the court, the State's Attorney, and counsel for the defendant of that determination, which notification shall set forth in detail the basis for the Department's determination. Provides that if the court determines: (1) that outpatient treatment will provide reasonable assurances for the safety of the defendant and others and provides reasonable assurances that the defendant can be restored to fitness on an outpatient basis or (2) that clinically appropriate outpatient treatment is not accessible, or optimal, due to cost, waiting lists, treatment limits or other barriers, the court shall order the defendant to undergo treatment on an outpatient basis. Provides that if the defendant has been placed in an outpatient treatment program, that program shall promptly notify the court, the Department, the State's Attorney and counsel for the defendant should the defendant fail to comply with the provisions of the court order for treatment or should the defendant no longer be appropriate for outpatient fitness restoration. Provides that if the court determines that outpatient treatment is no longer appropriate, the court shall order the defendant to receive treatment on an inpatient basis.