IL HB5863

Excludes individuals found unfit to stand trial or not guilty by reason of insanity who are subject to court orders requiring secure inpatient care from the definition of "consumer" under the Specialized Mental Health Rehabilitation Act of 2013.

Requires courts to order outpatient treatment for defendants with mental disabilities charged with misdemeanors, unless the court finds good cause on the record to order inpatient treatment instead.

Requires the Department of Human Services to admit defendants to secure facilities within 60 days of receiving a court placement order, unless the Department demonstrates good faith placement efforts and lack of available beds.

Mandates the Department provide status updates to the ordering court every 30 days if placement cannot be made within 60 days and bed availability is lacking.

Requires courts to hold a discharge hearing within 60 days upon determining a defendant will not attain fitness within the statutory time period, unless good cause is shown for delay.