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HB 3468

Relating to updating voter registration information; prescribing an effective date.

2025 Regular Session Introduced by Christine Drazan and 4 co-sponsors

HB 3468 clarifies and tightens procedures for defendants found unfit to stand trial, including placement, restoration methods, and who may oversee evaluations.

In committee upon adjournment.
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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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