CRIM PRO&CORR-UNFIT DEFENDANT
Summary
Amends the Code of Criminal Procedure of 1963 concerning unfit defendants. Provides that if the report to the court, the State, and the defense indicates that the defendant is not fit to stand trial or to plead because of a disability, the report shall include an opinion as to the likelihood of the defendant attaining fitness within a period of time from the date of the finding of unfitness (rather than one year) if provided with a course of treatment. Provides that for a defendant charged with a felony, the period of time shall be one year. Provides that for a defendant charged with a misdemeanor, the period of time shall be no longer than the maximum term of imprisonment for the most serious offense. Provides that the facility director shall provide a report to the court on the defendant's status toward restoration of fitness every 60 days from the date of the initial court order and thereafter. Provides that not more than 30 days after admission and every 90 (rather than 60) days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan report in writing with the court and forward a copy of the treatment plan report to the clerk of the court, the State's Attorney, and the defendant's attorney, if the defendant is represented by counsel, or to a person authorized by the defendant under the Mental Health and Developmental Disabilities Confidentiality Act to be sent a copy of the report. Effective January 1, 2017.
Bill status
failed
3 of 5 stages cleared
Introduction
Apr 2016
Committee Review
Apr 2016
Senate Passage
Apr 2016
House Passage
Governor
Introduced Apr 5, 2016
Last action Jan 10, 2017
Floor votes · Senate Apr 5, 2016
How they voted
47–0
Passed · 5 other
Total votes 52
Apr 5, 2016
D
Democratic34
91% Yea
R
Republican18
88% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
15
Key actions
2
Committee
4
Apr 5, 2016
Committee
Referred to Rules Committee
lower
Apr 5, 2016
Introduced
Arrived in House
lower
Apr 5, 2016
Senate · Passed
Senate Vote: pass (47-0-5)
senate
Mar 2, 2016
Upper · Passed
Do Pass Criminal Law; 009-000-000
upper
Feb 24, 2016
Committee
Assigned to Criminal Law
upper
Feb 16, 2016
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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