CRIM PRO-TRANSPORT-TREATMENT

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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,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended 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
9
on pretrial release or on his own recognizance, the court
10
shall select the least physically restrictive form of
11
treatment therapeutically appropriate and consistent with the
12
treatment plan. The placement may be ordered either on an
13
inpatient or an outpatient basis.
14

(b) If the defendant's disability is mental, the court may
15
order him placed for secure treatment in the custody of the
16
Department of Human Services, or the court may order him
17
placed in the custody of any other appropriate public or
18
private mental health facility or treatment program which has
19
agreed to provide treatment to the defendant. If the most
20
serious charge faced by the defendant is a misdemeanor, the
21
court shall order outpatient treatment, unless the court finds
22
good cause on the record to order inpatient treatment. If the
23
court orders the defendant to inpatient treatment in the

HB1743
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LRB104 06270 RLC 16305 b
1
custody of the Department of Human Services, the Department
2
shall evaluate the defendant to determine the most appropriate
3
secure facility to receive the defendant and, within 20 days
4
of the transmittal by the clerk of the circuit court of the
5
court's placement order, notify the
sheriff

court
of the
6
designated facility to receive the defendant.
Upon receipt of
7
the notice,

The Department shall admit the defendant to a
8
secure facility within 60 days of the transmittal of the
9
court's placement order, unless the Department can demonstrate
10
good faith efforts at placement and a lack of bed and placement
11
availability. If placement cannot be made within 60 days of
12
the transmittal of the court's placement order and the
13
Department has demonstrated good faith efforts at placement
14
and a lack of bed and placement availability, the Department
15
shall provide an update to the ordering court every 30 days
16
until the defendant is placed. Once bed and placement
17
availability is determined, the Department shall notify
the
18
sheriff
who
shall promptly transport the defendant to the
19
designated facility. If the defendant is placed in the custody
20
of the Department of Human Services, the defendant shall be
21
placed in a secure setting. During the period of time required
22
to determine bed and placement availability at the designated
23
facility, the defendant shall remain in jail. If during the
24
course of evaluating the defendant for placement, the
25
Department of Human Services determines that the defendant is
26
currently fit to stand trial, it shall immediately notify the

HB1743
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LRB104 06270 RLC 16305 b
1
court and shall submit a written report within 7 days. In that
2
circumstance the placement shall be held pending a court
3
hearing on the Department's report. Otherwise, upon completion
4
of the placement process, including identifying bed and
5
placement availability, the sheriff shall be notified and
6
shall transport the defendant to the designated facility. If,
7
within 60 days of the transmittal by the clerk of the circuit
8
court of the court's placement order, the Department fails to
9
provide the sheriff with notice of bed and placement
10
availability at the designated facility, the sheriff shall
11
contact the Department to inquire about when a placement will
12
become available at the designated facility as well as bed and
13
placement availability at other secure facilities. The
14
Department shall respond to the sheriff within 2 business days
15
of the notice and inquiry by the sheriff seeking the transfer
16
and the Department shall provide the sheriff with the status
17
of the evaluation, information on bed and placement
18
availability, and an estimated date of admission for the
19
defendant and any changes to that estimated date of admission.
20
If the Department notifies the sheriff during the 2 business
21
day period of a facility operated by the Department with
22
placement availability, the sheriff shall promptly transport
23
the defendant to that facility. The placement may be ordered
24
either on an inpatient or an outpatient basis.
If the
25
Department does not provide placement within the 20 days of
26
transmittal from the clerk, the Department shall provide

HB1743
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LRB104 06270 RLC 16305 b
1
payment to the sheriff, as prescribed by the sheriff,
2
including, but not limited to, housing and mental health
3
services for each day after 20 days have passed from the time
4
the defendant was first placed in the sheriff's custody. The
5
sheriff shall not be held liable for any issues encountered
6
after the 20th day the defendant remains in his or her care.

7

(c) If the defendant's disability is physical, the court
8
may order him placed under the supervision of the Department
9
of Human Services which shall place and maintain the defendant
10
in a suitable treatment facility or program, or the court may
11
order him placed in an appropriate public or private facility
12
or treatment program which has agreed to provide treatment to
13
the defendant. The placement may be ordered either on an
14
inpatient or an outpatient basis.
15

(d) The clerk of the circuit court shall within 5 days of
16
the entry of the order transmit to the Department, agency or
17
institution, if any, to which the defendant is remanded for
18
treatment, 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
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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
7
facility, the person supervising the defendant's treatment
8
shall file with the court, the State, and the defense a report
9
assessing the facility's or program's capacity to provide
10
appropriate treatment for the defendant and indicating his
11
opinion as to the probability of the defendant's attaining
12
fitness within a period of time from the date of the finding of
13
unfitness. For a defendant charged with a felony, the period
14
of time shall be one year. For a defendant charged with a
15
misdemeanor, the period of time shall be no longer than the
16
sentence if convicted of the most serious offense. If the
17
report indicates that there is a substantial probability that
18
the defendant will attain fitness within the time period, the
19
treatment supervisor shall also file a treatment plan which
20
shall 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
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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.)

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