People v. Owens
| Decision Date | 29 December 1994 |
| Docket Number | No. 1-93-0955,1-93-0955 |
| Citation | 206 Ill.Dec. 478,645 N.E.2d 483,269 Ill.App.3d 152 |
| Parties | , 206 Ill.Dec. 478 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher OWENS, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Jack O'Malley, State's Atty. of Cook County (Renee Goldfarb, Annette Collins, Robert
[206 Ill.Dec. 480] F. Hogan, Asst. State's Attys., of counsel), for appellee.
In 1986, the defendant, Christopher Owens, was charged with aggravated criminal sexual assault. He was subsequently found not guilty by reason of insanity and committed to the custody of the Illinois Department of Mental Health and Developmental Disabilities at the Elgin Mental Health Center. In 1992, the defendant filed a motion to modify his treatment plan to include unaccompanied, on-grounds passes. In this motion, he also requested an independent psychiatric examination. The motion was denied. The defendant now appeals the denial of his motion, asking this court to remand this matter for a hearing to review the adequacy of his treatment and his petition. After reviewing the record in this matter, we affirm the decision of the trial court.
The defendant raises five issues in this appeal to support his basic contention that it was error to deny his petition for modification of treatment plan without a hearing. Before we address these issues, however, it is helpful to examine the statute which controls our decision.
In asking us to review this matter, the defendant refers us to both the Unified Code of Corrections and the Mental Health and Developmental Disabilities Code. However, the review of treatment plans of defendants found not guilty by reason of insanity is subject only to the provisions of section 5-2-4 of the Unified Code of Corrections. (People v. Reed (1984), 126 Ill.App.3d 1020, 1023, 82 Ill.Dec. 85, 87, 467 N.E.2d 1158, 1160; see also 730 ILCS 5/5-2-4(k) (West 1992) (); 405 ILCS 5/3-814 (West 1992).) Consequently, the Mental Health and Developmental Disabilities Code does not affect our resolution of this issue and we therefore decline to consider the provisions of this code any further. We instead must confine our analysis to examining the provisions of section 5-2-4 of the Unified Code of Corrections. 730 ILCS 5/5-2-4 (West 1992).
When faced with the need to determine the meaning and limits of a statutory provision, our responsibility is to ascertain and give effect to the legislative intent behind the statute. (People v. Hampton (1983), 121 Ill.App.3d 273, 275, 76 Ill.Dec. 850, 852, 459 N.E.2d 985, 987.) The terms of the statute should be consulted first. Hampton, 121 Ill.App.3d at 275, 76 Ill.Dec. at 852, 459 N.E.2d at 987.
Keeping these principles in mind, we turn now to section 5-2-4 of the Unified Code of Corrections, entitled "Proceedings after acquittal by reason of insanity." In three provisions, 5-2-4(b), 5-2-4(d) and 5-2-4(e), this statute establishes three different circumstances in which the court reviews and modifies the treatment plan of a defendant found not guilty by reason of insanity. Contrary to the defendant's arguments, however, the right to a hearing only attaches in two of these circumstances. We examine each provision in turn.
Section 5-2-4(b) controls the situation in which the court reviews a treatment plan. (730 ILCS 5/5-2-4(b) (West 1992).) This section directs that a defendant found not guilty by reason of insanity shall not be permitted in the community, except to the extent that a treatment plan allows. The remainder of the statute provides:
"Not more than 30 days after admission and every 60 days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan with the court. Such plan shall include an evaluation of the defendant's progress and the extent to which he is benefiting from treatment. Such plan may also include unsupervised on-grounds privileges, off-grounds privileges (with or without escort by personnel of the Department of Mental Health and Developmental Disabilities), home visits and participation in work programs, but only where such privileges have Significantly, although section 5-2-4(b) directs that the treatment plan may only be changed by court order, at no point does this provision grant the defendant a right to a hearing when he requests a change in his treatment plan.
[206 Ill.Dec. 481] been approved by specific court order, which order may include such conditions on the defendant as the Court may deem appropriate and necessary to reasonably assure the defendant's satisfactory progress in treatment and the safety of the defendant and others." 730 ILCS 5/5-2-4(b) (West 1992).
However, pursuant to section 5-2-4(d), the defendant is entitled to a hearing where the director of a facility requests certain changes in the defendant's commitment. Section 5-2-4(d) states:
"(d) When the facility director determines that:
(1) the defendant is no longer subject to involuntary admission or in need of mental health services on an inpatient basis; and
(2) the defendant may be conditionally released because he or she is still in need of mental health services or that the defendant may be discharged as not in need of any mental health services; or
(3) the defendant no longer requires placement in a secure setting; the facility director shall give written notice * * *. * * * Within 30 days of the notification by the facility director, the Court shall set a hearing and make a finding * * *." 730 ILCS 5/5-2-4(d) (1992).
This provision of the statute therefore directs that the court must provide a hearing where the facility director requests, on behalf of the defendant, release, conditional discharge or transfer to a nonsecure setting.
Section 5-2-4(e) also defines an additional instance where an individual found not guilty by reason of insanity possesses a right to a hearing. The relevant language of section 5-2-4(e) states:
730 ILCS 5/5-2-4(e) (West 1992).
Therefore, when the defendant requests release, conditional discharge or transfer to a nonsecure setting, the defendant is entitled to a hearing on the petition.
After reviewing the provisions of this statute, certain conclusions become evident. Only when the director of a facility or the defendant is seeking release, conditional discharge or transfer to a nonsecure setting does the right to a hearing attach. (730 ILCS 5/5-2-4(d); 730 ILCS 5/5-2-4(e) (West 1992).) Under this statute, however, a defendant seeking modification of his treatment plan to include unsupervised on-grounds passes, pursuant to section 5-2-4(b), is not entitled to a hearing.
In those instances when a defendant is given the right to a hearing, section 5-2-4(f) outlines the kinds of procedures which should be followed. (730 ILCS 5/5-2-4(f) (West 1992).) People v. Reed (1984), 126 Ill.App.3d 1020, 82 Ill.Dec. 85, 467 N.E.2d 1158, cited by the defendant in this case, discussed the application of section 5-2-4(f). The Reed court concluded that where an action was initiated under section 5-2-4(d), the defendant was entitled to a hearing and all of the protections outlined in section 5-2-4(f). See also People v. Bledsoe (1994), 268 Ill.App.3d 869, 206 Ill.Dec. 406, 645 N.E.2d 411.
Having established the requirements outlined in the statute, we turn now to a discussion of the issues raised by the defendant.
The first issue we must address is whether the trial court erred in denying the defendant's motion to review and modify treatment without a hearing.
This matter began with a petition filed by the defendant to review and modify his treatment plan. The defendant's petition states, "Respondent, Christopher Owens, hereby moves this Court * * * to review his treatment plan and to modify said plan to provide him with: unaccompanied on-grounds passes." Because the defendant initiated the petition and because he seeks on-grounds passes and not release, conditional discharge or transfer to a nonsecure setting, this section is controlled by section 5-2-4(b). This provision of the statute does not grant the defendant a right to a hearing on his petition for modification of treatment plan.
The defendant contends that People v. Reed (1984), 126 Ill.App.3d 1020, 82 Ill.Dec. 85, 467 N.E.2d 1158, resolved any ambiguity which might be found in the language of section 5-2-4. The defendant argues further that Reed held that proposals for on-grounds passes should be treated the same as proposals for discharge, conditional release and transfer to a nonsecure setting.
In rejecting this argument, we first note that there is no ambiguity in the language to resolve. The statute allows for hearings only when a defendant or the director of a facility petitions for transfer, discharge or conditional release. Second, despite the defendant's contention otherwise, Reed never held that proposals for on-grounds passes should be treated like proposals for discharge,...
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