IL HB3468

Defendants found unfit to stand trial due to mental illness or developmental disability must be placed in secure Department of Human Services facilities, with defendants remaining in jail during the placement screening period (pretrial release provisions do not apply during this time)

Defendants ordered to outpatient treatment who fail to arrange services or comply with treatment orders will be remanded to secure inpatient facilities; defendants charged with Class C misdemeanors, petty offenses, or minor violations are ineligible for fitness restoration services unless facing potential incarceration of 180+ days

Individuals unfit due to traumatic brain injury, organic brain disease (Alzheimer's, dementia), substance use disorders, or antisocial behavior alone cannot be placed in Department of Human Services facilities unless accompanied by a mental health or developmental disability diagnosis

Treatment supervisors may include physicians, psychiatrists, clinical psychologists, physician assistants, nurse practitioners, licensed clinical social workers, or supervised nurses; DHS employees cannot be ordered to perform fitness examinations in their official capacity

Courts must hold discharge hearings within 14 days (reduced from 60 days) when a defendant cannot be restored to fitness; treatment periods may be extended up to 2 years for Class 1/X felonies, 15 months for Class 2-4 felonies, or 5 years for first-degree murder