725 ILCS 5/104-26
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title I - General Provisions

 (from Ch. 38, par. 104-26)Sec. 104-26. Disposition of Defendants suffering disabilities.(a) A defendant convicted following a trial conducted under the provisions  of Section 104-22 shall not be sentenced before a written presentence report of  investigation is presented to and considered by the court.  The presentence  report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of  the Unified Code of Corrections, as now or hereafter amended, and shall  include a physical and mental examination unless the court finds that the  reports of prior physical and mental examinations conducted pursuant to  this Article are adequate and recent enough so that additional examinations  would be unnecessary.(b) A defendant convicted following a trial under Section 104-22 shall  not be subject to the death penalty.(c) A defendant convicted following a trial under Section 104-22 shall  be sentenced according to  the procedures and dispositions authorized under the Unified Code of  Corrections,  as now or hereafter amended, subject to the following provisions:(1) The court shall not impose a sentence of     imprisonment upon the offender if the court believes that because of his disability a sentence of imprisonment would not serve the ends of justice and the interests of society and the offender or that because of his disability a sentence of imprisonment would subject the offender to excessive hardship.  In addition to any other conditions of a sentence of conditional discharge or probation the court may require that the offender undergo treatment appropriate to his mental or physical condition.(2) After imposing a sentence of imprisonment upon an     offender who has a mental disability, the court may remand him to the custody of the Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code, as now or hereafter amended.  If the offender is committed following such hearing, he shall be treated in the same manner as any other civilly committed patient for all purposes except as provided in this Section. If the defendant is not committed pursuant to such hearing, he shall be remanded to the sentencing court for disposition according to the sentence imposed.(3) If the court imposes a sentence of imprisonment     upon an offender who has a mental disability but does not proceed under subparagraph (2) of paragraph (c) of this Section, it shall order the Department of Corrections to proceed pursuant to Section 3-8-5 of the Unified Code of Corrections, as now or hereafter amended.(3.5)  If the court imposes a sentence of     imprisonment upon an offender who has a mental disability, the court shall direct the circuit court clerk to immediately notify the Illinois State Police, Firearm Owner's Identification (FOID) Office, in a form and manner prescribed by the Illinois State Police and shall forward a copy of the court order to the Department.(4) If the court imposes a sentence of imprisonment     upon an offender who has a physical disability, it may authorize the Department of Corrections to place the offender in a public or private facility which is able to provide care or treatment for the offender's disability and which agrees to do so.(5) When an offender is placed with the Department of     Human Services or another facility pursuant to subparagraph (2) or (4) of this paragraph (c), the Department or private facility shall not discharge or allow the offender to be at large in the community without prior approval of the court. If the defendant is placed in the custody of the Department of Human Services, the defendant shall be placed in a secure setting unless the court determines that there are compelling reasons why such placement is not necessary. The offender shall accrue good time and shall be eligible for parole in the same manner as if he were serving his sentence within the Department of Corrections. When the offender no longer requires hospitalization, care, or treatment, the Department of Human Services or the facility shall transfer him, if his sentence has not expired, to the Department of Corrections.  If an offender is transferred to the Department of Corrections, the Department of Human Services shall transfer to the Department of Corrections all related records pertaining to length of custody and treatment services provided during the time the offender was held.(6) The Department of Corrections shall notify the     Department of Human Services or a facility in which an offender has been placed pursuant to subparagraph (2) or (4) of paragraph (c) of this Section of the expiration of his sentence.  Thereafter, an offender in the Department of Human Services shall continue to be treated pursuant to his commitment order and shall be considered a civilly committed patient for all purposes including discharge.  An offender who is in a facility pursuant to subparagraph (4) of paragraph (c) of this Section shall be informed by the facility of the expiration of his sentence, and shall either consent to the continuation of his care or treatment by the facility or shall be discharged. (Source: P.A. 102-538, eff. 8-20-21.)