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Services
Order for Conditional Release: 730 ILCS 5/5-2-4(a-1)(D)
Forensic Services Community Administrators
Tracey Thomas, LCSW
Tracey.Thomas@illinois.gov
Rachel Nelson, LCSW, CADC, CPAIP, LSOTP
Rachel.Nelson@illinois.gov
Audrey Brantner, LCSW
Audrey.Brantner@illinois.gov
Conditional release to outpatient treatment is a statutory pathway that may be considered at the time of the NGRI finding if the individual is determined to be in need of mental health services, but not on an inpatient care basis. This pathway is intended to support treatment, recovery, and community integration while maintaining court oversight and appropriate safeguards for public safety. Courts should send orders and accompanying documentation to regional emails. All referrals for conditional release from jail or out-of-custody are forwarded to the Forensic Community Service Administrators (FCSA) for review of appropriateness.
If appropriate, the FCSA will review the outpatient recommendation, develop the aftercare treatment plan and a set of proposed conditions, and submit them to the court.
The court will conditionally release the individual, under conditions such as those listed below, to reasonably assure the individual’s satisfactory progress and participation in treatment or rehabilitation and the safety of the individual, the victim, the victim’s family members, and others. The court may order IDHS to provide care to any person conditionally released.
Example conditions
As listed in the statute, conditions may include, but need not be limited to:
- Outpatient care
- Alcoholic and drug rehabilitation programs
- Community adjustment programs
- Individual, group, family, and chemotherapy
- Random testing to ensure the individual’s timely and continuous taking of any medicines prescribed to control or manage his or her conduct or mental state
- Random drug testing (if applicable)
- Periodic checks with the legal authorities and/or IDHS
Court Resources
Outpatient Treatment and Monitoring: 730 ILCS 5/5-2-4(a-1)(D)
Treatment and monitoring are typically provided through community-based mental health providers approved to work with NGRI individuals. These providers coordinate psychiatric treatment, therapy, medication management, case management, reporting requirements, and ongoing communication with IDHS and the court.
The treatment agency should file a treatment plan report in writing with the court and forward a copy of the treatment plan report to the Forensic Community Services Administrators, the clerk of the court, the State’s Attorney, and the individual’s attorney, if the individual is represented by counsel. If the individual does not have counsel, a copy of the report should be sent to a person authorized by the individual under the Mental Health and Developmental Disabilities Confidentiality Act.
Treatment and monitoring under conditional release are typically for a period of 5 years unless revoked or modified or if the Thiem Date is less than 5 years.
Treatment plan report is due 30 days after admission and then every 90 days.
Clinical Resources
Hearing: 730 ILCS 5/5-2-4 (a-1)(D)·(e)·(g)
Treatment review hearings are held every 90 days. Additionally, an individual or anyone on his or her behalf may file a petition for a treatment plan review or discharge hearing. See Recipient Initiated Court Petitions for additional information.
Court shall set a hearing to be held withing 120 days of the petition. No new petition may be filed for 180 days after the hearing.
5-year Conditional Release Hearing: 730 ILCS 5/5-2-4 (a-1)(D)
The individual, the facility or person providing the treatment, therapy, program, or outpatient care, the Department, or the State's Attorney may petition the court for an extension of the conditional release period for an additional five years.
Upon receipt of such a petition, the court holds a hearing and determines whether the individual should continue to be subject to the terms of conditional release and enters an order either extending the individual’s period of conditional release for an additional five-year period or discharging the individual.
Additional five-year periods of conditional release may be ordered following a hearing.
In no event shall the individual’s period of conditional release continue beyond the maximum period of commitment ordered by the court (Thiem Date).
Ending Conditional Release
Recommend and Prepare for Absolute Discharge: 730 ILCS 5/5-2-4(d)·(h)
When an individual is no longer in need of mental health services, notice shall be given to the court and defense attorney outlining the basis for the recommendation.
Before the court orders the individual discharged, a discharge plan should be established that includes a plan for the individual’s shelter, support, and medication.
Within 30 days of notification the Court shall set a hearing.
Revocation of Conditional Release: 730 ILCS 5/5-2-4(i)
Failure to comply with the conditions of release, psychiatric decompensation, increased risk concerns, or other significant treatment issues may result in a recommendation to modify the conditions of release or return the individual to a more restrictive treatment setting, including secure inpatient hospitalization.
On these rare occasions, the court will order a hearing. If at the hearing the court determines the individual is subject to involuntary admissions or needs mental health services on an inpatient basis, it may enter an order to that affect for a period of stabilization or proceed with an order to remand to inpatient.
Court Resources
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