APPEAL from the Circuit Court of Cook County; the Hon. EARL
E. STRAYHORN, Judge, presiding.
MR. JUSTICE MCNAMARA DELIVERED THE OPINION OF THE COURT:
The Department of Mental Health, represented by the Attorney General, brings this appeal from the trial court's refusal to vacate, amend, or alter its order of June 8, 1976, as it affected Lamartine Patterson. The Department's position is opposed by the State's Attorney of Cook County who requests that we dismiss the appeal.
Patterson was charged with two incidents of armed robbery. On January 24, 1975, he was found unfit to stand trial for these offenses and committed to the Department by Judge Strayhorn. On March 19, 1975, after conducting a hearing, Judge Collins sitting in the county division of the circuit court of Cook County found Patterson to be in need of mental treatment and ordered him committed for hospitalization. On May 11, 1976, the Superintendent of Manteno Mental Health Center discharged Patterson as no longer in need of hospitalization and returned him to the Sheriff of Cook County. On May 20, 1976, the Department petitioned Judge Strayhorn for defendant's release on bail or recognizance. On June 8, 1976, Judge Strayhorn denied the Department's petition and entered an order containing six paragraphs which are challenged by the Department in this appeal. On June 22, 1976 the judge refused to vacate, amend, or alter his order of June 8.
The six paragraphs complained of are as follows:
"5. That such treatment shall continue until such time as the petitioner-defendant shall have recovered from his mental illness to the extent that he is fit to stand trial, and the Department of Mental Health shall so certify.
6. That no finding of not in need of mental treatment pursuant to a Civil hearing specified in the Mental Health Code (Chapter 91 1/2, Section 1-1, et seq.) will relieve the Department of Mental Health from its obligation to treat the petitioner-defendant for his mental illness and such treatment shall continue until Medical personnel assigned to the Department of Mental Health are prepared to state that defendant-petitioner is now fit to stand trial.
7. That such treatment by the Department of Mental Health shall continue until such time as petitioner-defendant is relieved of his mental disability and is fit for trial on the pending criminal indictment.
8. Prior to the holding of any Civil hearing pursuant to statute touching upon the question of further need for hospitalization or mental treatment the Department shall notify the committing criminal court as to the date of such Civil hearing and shall no later than 72 hours prior to such hearing transport the petitioner to the Psychiatric Institute of Cook County for examination by the state of such institute.
9. Notice of such Civil hearing shall be served on the Psychiatric Institute of the Circuit Court of Cook County at the same time as petitioner is brought to their offices as aforesaid.
10. When said Petitioner recovers from said unfitness, that the Department of Mental Health communicate with the Sheriff of Cook County and arrange with said Sheriff to transfer custody of said Petitioner to said Sheriff, who shall thereupon keep said Petitioner in custody upon the instant indictment until said indictment is disposed of or until said Petitioner is discharged by operation of law."
The Unified Code of Corrections (Ill. Rev. Stat. 1975, ch. 38, par. 1005-2-2(a) and (b)) provides as follows:
"(a) If the defendant is found unfit to stand trial or be sentenced, the court shall remand the defendant to a hospital, as defined by the Mental Health Code of 1967, and shall order that a hearing be conducted in accordance with the procedures, and within the time periods, specified in such Act. The disposition of defendant pursuant to such hearing, and the admission, detention, care, treatment and discharge of any such defendant found to be in need of mental treatment, shall be determined in accordance with such Act. If the defendant is not ordered hospitalized in such hearing, the Department of Mental Health and Developmental Disabilities shall petition the trial court to release the defendant on bail or recognizance, under such conditions as the court finds appropriate, which may include, but need not be limited to requiring the defendant to submit to or to secure treatment for his mental condition.
(b) A defendant hospitalized under this Section shall be returned to the court not more than 90 days after the court's original finding of unfitness, and each 12 months thereafter. At such re-examination the court may proceed, find, and order as in the first instance under paragraph (a) of this Section. If the court finds that defendant continues to be unfit to stand trial or be sentenced but that he no longer requires hospitalization, the defendant shall be released under paragraph (a) of this Section on bail or recognizance. Either the State or the defendant may at any time petition the court for review of the defendant's fitness."
Section 10-4 of the Mental Health Code (Ill. Rev. Stat. 1975, ch. 91 1/2, par. 10-4), under which the Superintendent of the Manteno Hospital ...