People v. Chiakulas

681 N.E.2d 35, 288 Ill. App. 3d 248, 224 Ill. Dec. 53, 1997 Ill. App. LEXIS 243
CourtAppellate Court of Illinois
DecidedMay 1, 1997
Docket1-96-2169
StatusPublished
Cited by11 cases

This text of 681 N.E.2d 35 (People v. Chiakulas) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Chiakulas, 681 N.E.2d 35, 288 Ill. App. 3d 248, 224 Ill. Dec. 53, 1997 Ill. App. LEXIS 243 (Ill. Ct. App. 1997).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

This is an appeal by defendant, Charles Chiakulas, who has been confined at the Elgin Mental Health Center (Elgin) of the Illinois Department of Mental Health and Developmental Disabilities (Department) since being found not guilty of aggravated battery (720 ILCS 5/12 — 4 (West 1992)) and attempted murder (720 ILCS 5/8 — 4, 9 — 1 (West 1992)) by reason of insanity (NGRI). After the trial court denied defendant’s motion to review his treatment plan, he appealed. He asserts that the trial court denied him statutorily guaranteed treatment when it refused to review his treatment plan or to order an independent psychiatric examination. For the following reasons, we reverse and remand.

The main issue on appeal is whether an NGRI acquittee has the right to have his or her treatment plan reviewed by the court. Defendant asserts that section 5 — 2—4(b) of the Unified Code of Corrections (730 ILCS 5/5 — 2—4(b) (West 1994)), read together with section 3 — 814 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3 — 814 (West 1994)) and the legislative history of section 5 — 2—4(b), provides that the trial court has a duty to review his treatment plan.

In April 1996, the Elgin director, Nancy Staples, filed a treatment plan with the circuit court. Because defendant found the treatment plan to be deficient, he filed a motion asking the court to review his treatment plan, to require the facility director to modify the plan to conform with the statute’s requirements, and to order an independent psychiatric examination. Defendant argued that the treatment plan failed to provide an evaluation of his progress or to state the extent to which he was benefiting from treatment. He also contended that an independent psychiatric examination was necessary because the facility director’s report indicated that he was not making any progress. The State argued that the Department had fulfilled its statutory obligations and voiced concerns that the court would become a micromanager of the Department if it granted defendant’s motion.

The trial court refused to review defendant’s treatment plan. The following order was entered:

"This matter coming before the court pursuant to a Motion for Review of Treatment Plan. It is hereby ordered that [ ] motion is hereby denied and this matter shall be taken from the call.”

The State argues that defendant’s request for a review and modification of his treatment plan is controlled solely by section 5 — 2—4(b), which does not grant him the right to a hearing on his motion. Further, the State contends that the legislative history of section 5 — 2—4 indicates that the only purpose of the statute was for the trial court to be apprised or notified of a defendant’s current condition while receiving treatment.

The State relies on People v. Owens, 269 Ill. App. 3d 152, 154, 645 N.E.2d 483 (1994), which involved the defendant’s motion for a modification of treatment to include unsupervised on-grounds privileges. The reviewing court affirmed the judgment of the trial court, which had reviewed the defendant’s treatment plan and concluded that no change was necessary in order to provide unsupervised on-grounds privileges. Owens, 269 Ill. App. 3d at 158-60. Owens involved that part of section 5 — 2—4(b) that provides:

"[T]he defendant shall not be permitted to be in the community in any manner, including *** unsupervised on-grounds privileges, discharge or conditional or temporary release, except by a plan as provided in this Section.” 730 ILCS 5/5 — 2—4(b) (West 1994).

The court stated that section 3 — 814 of the Mental Health Code (405 ILCS 5/3 — 814 (West 1994)) was not involved and only section 5 — 2—4(b) of the Unified Code of Corrections was' involved.

Owens is distinguishable because that portion of section 5 — 2— 4(b) is not part of this case. Therefore, Owens is not dispositive to the issues here. We agree that if only unsupervised on-grounds privileges, discharge or conditional or temporary release is involved, then only section 5 — 2—4(b) governs.

We must first decide which statute applies in this case. The primary objective of statutory interpretation is to give effect to the legislature’s intent. People v. Lowe, 153 Ill. 2d 195, 201, 606 N.E.2d 1167 (1992). First, the court considers the statute’s language, which is the best expression of the legislature’s intent. DiFoggio v. Retirement Board of the County Employees Annuity & Benefit Fund, 156 Ill. 2d 377, 382, 620 N.E.2d 1070 (1993); Lowe, 153 Ill. 2d at 201. If the statutory language is somewhat ambiguous, courts can examine legislative history and remarks made by the legislators during the debate on the legislation. Superior Structures Co. v. City of Sesser, 277 Ill. App. 3d 653, 663, 660 N.E.2d 1362 (1996). The entire statute must be considered, along with the subject addressed and the legislature’s objective in enacting the statute. Superior Structures Co., 277 Ill. App. 3d at 663.

Section 5 — 2—4(b) provides in part:

"If the Court finds the defendant subject to involuntary admission ***, the admission, detention, care, treatment or habilitation, review proceedings, and discharge of the defendant after such order shall be under the Mental Health and Developmental Disabilities Code, except that the initial order for admission of a defendant acquitted of a felony by reason of insanity shall be for an indefinite period of time. *** 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.” (Emphasis added.) 730 ILCS 5/5 — 2—4(b) (West 1992).

Section 3 — 814 of the Mental Health Code provides:

"Not more than 30 days after admission under this Article, the facility director shall file a current treatment plan with the court which includes an evaluation of the recipient’s progress and the extent to which he is benefiting from treatment. The court shall review the treatment plan. If the recipient has been ordered committed to the facility after he has been found not guilty by reason of insanity, the treatment plan and its review shall be subject to the provisions of Section 5 — 2—4 of the Unified Code of Corrections.

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Cite This Page — Counsel Stack

Bluebook (online)
681 N.E.2d 35, 288 Ill. App. 3d 248, 224 Ill. Dec. 53, 1997 Ill. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chiakulas-illappct-1997.