Final Report: Public Act 97-1020

Per the Department of Human Services Act (20 ILCS 1305/1-60) the Department to is submitting this final report on the impact, after January 1, 2014, of the provisions of subsection (c) of Section 104-18 of the Code of Criminal Procedure of 1963.

Dr. Sharon Coleman

11/8/2017

Please be informed of the Final Report on the Impact of the provisions of subsection (c) of Section I 04-18 of the Code of Criminal Procedure 1963.


This report covers the period of September 1, 2012 through September 1, 2013.

Reporting Areas

  1. Number of Admissions during period: Result: 558
  2. Number of Delayed admissions: 305

The definition for delayed admissions is any individual waiting in jail beyond the thirty day statutory period under which DHS has to provide an initial report to the jurisdictional court. 

3.  Number of Persons Returned under the Provisions of subsection (c) of Section 104-18 :

Result : 558 were requested to be immediately returned. 114 were returned in 14 Days or less according to the time frame for immediate return in the amended state. Based on this data, County courts during the reporting period were not consistently responding to requests for immediate transport.

4.  Concerns and Issues County Sheriffs are having with returns

The Sheriff's Association would like DHS to provide them with ongoing reports so they can provide a response in the upcoming 12 month period.

5.   Recommendation to continue the pilot:

It is recommended by OHS to continue the pilot under this amended statute in order to compare improvements in responsiveness to the immediate request for transport over another 12 month period. The Sheriffs Association recommends that the pilot continue for another year. They also recommend that legislation be amended to sunset on September 1, 2014, and that the Department provide them with the empirical data for analysis.

Anderson Freeman Forensic Director

Department of Human Services/Division of Mental Health


This report covers fiscal year FY14 (July 1, 2014-June 30, 2015).

Reporting Areas

  1. Number of Unfit to Stand Trial (UST) Admissions during period: Result: 551
  2. Number of Delayed admissions: 386

The definition for delayed admissions is any individual waiting in jail beyond the thirty day statutory period under which OHS has to provide an initial report to the jurisdictional court.

3. Number of Persons Returned under the Provisions of subsection (c) of Section 104-18:

Result: All UST patients are requested to be immediately returned. 543 UST patients were discharged in FY14. 215 were returned in 14 Days or less according to the time frame for immediate return in the amended state. This compares with 114of 469 discharges returned in 2013. Based on this data county courts during the reporting period were not consistently responding to requests for immediate transport, but there appears to be improvement in courts establishing hearings in 14 days.

4. Concerns and Issues County Sheriffs are having with returns

The Sheriff's Association would like OHS to provide them with ongoing reports so they can provide a response in the upcoming 12 month period. The Sheriff's Association does not recommend that the pilot continue because they did not receive the reports they needed from DHS. Clear parameters on the content of reports had never been established.

S. Recommendation to continue the pilot:

It is recommended by DHS to continue the pilot under this amended statute in order to compare improvements in responsiveness to the immediate request for transport over another 12 month period. There is data indicating an improvement in the percentage of discharges returned in less than 14 days to county jails from 24% in FY13 to 40% in FY14. DHS will establish report content and a firm reporting schedule for the Sheriff's Association.

Anderson Freeman Forensic Director

Department of Human Services/Division of Mental Health


This report covers fiscal year FY14 (July 1, 2014-June 30, 2015).

Reporting Areas

  1. Number of Unfit to Stand Trial (UST) Admissions during period: Result: 551
  2. Number of Delayed admissions: 386

The definition for delayed admissions is any individual waiting in jail beyond the thirty day statutory period under which OHS has to provide an initial report to the jurisdictional court.

3. Number of Persons Returned under the Provisions of subsection (c) of Section 104-18:

Result: All UST patients are requested to be immediately returned. 543 UST patients were discharged in FY14. 215 were returned in 14 Days or less according to the time frame for immediate return in the amended state. This compares with 114of 469 discharges returned in 2013. Based on this data county courts during the reporting period were not consistently responding to requests for immediate transport, but there appears to be improvement in courts establishing hearings in 14 days.

4. Concerns and Issues County Sheriffs are having with returns

The Sheriff's Association would like OHS to provide them with ongoing reports so they can provide a response in the upcoming 12 month period. The Sheriff's Association does not recommend that the pilot continue because they did not receive the reports they needed from DHS. Clear parameters on the content of reports had never been established.

S. Recommendation to continue the pilot:

It is recommended by DHS to continue the pilot under this amended statute in order to compare improvements in responsiveness to the immediate request for transport over another 12 month period. There is data indicating an improvement in the percentage of discharges returned in less than 14 days to county jails from 24% in FY13 to 40% in FY14. DHS will establish report content and a firm reporting schedule for the Sheriff's Association.

Anderson Freeman Forensic Director

Department of Human Services/Division of Mental Health