HB3764 Summary

• Court shall order outpatient placement for unfit defendants unless court finds outpatient treatment will not provide reasonable safety assurances or clinically appropriate outpatient treatment is inaccessible due to cost, waiting lists, treatment limits, or other barriers.

• Defendants charged with misdemeanors shall receive outpatient treatment unless court finds good cause to order inpatient treatment; inpatient placements must prioritize State-operated facilities unless no beds are available.

• Department of Human Services must notify court, State's Attorney, and defense counsel if an inpatient defendant can be transitioned to outpatient treatment, and court shall order outpatient placement if safety and restoration standards are met.

• Outpatient treatment programs must promptly notify court, Department, State's Attorney, and defense counsel if defendant fails to comply with treatment orders or is no longer appropriate for outpatient care; court shall then order inpatient treatment.

• Department must admit defendants to secure facilities within 60 days of court order and provide sheriff with biennial updates on bed availability; sheriff must respond to placement inquiries within 2 business days.