APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
518 N.E.2d 1262, 165 Ill. App. 3d 249, 116 Ill. Dec. 282
Appeal from the Circuit Court of McLean County; the Hon. Wayne C. Townley, Jr., Judge, presiding. 1988.IL.57
JUSTICE LUND delivered the opinion of the court. GREEN, P.J., and SPITZ, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND
At issue in this case is the question whether section 5-2-4 of the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, par. 1005-2-4) permits the circuit court to order the Department of Mental Health and Developmental Disabilities (Department) to monitor compliance with rather extensive conditions imposed on an individual found not guilty by reason of insanity who is conditionally released from confinement in a Department facility. We hold that such an order is consistent with both the language of the relevant portions of section 5-2-4 and the legislative intent in enacting those portions of the statute.
On January 13, 1983, defendant Manfred White was charged by indictment with the murder of his wife, Patricia White. At a bench trial held May 31, 1983, defendant was found not guilty by reason of insanity. In an order entered October 26, 1983, the circuit court found defendant to be subject to involuntary admission and in need of mental health services on an inpatient basis. The circuit court therefore ordered defendant committed to an "appropriate facility as deemed by the [Department]" for an indefinite period of time, not to exceed 20 years. Following further proceedings which are not necessary to detail here, defendant filed a petition for discharge on April 3, 1987. A hearing on this petition was held on May 11, 1987. Attorneys from the Department and the Illinois Attorney General's office attended the hearing, but were not permitted to participate because no petition for intervention had been filed on the Department's behalf. In an order entered June 1, 1987, the circuit court found that defendant is in need of mental health services, but no longer in need of inpatient care. For this reason, the court ordered defendant conditionally released from the Department's custody subject to specified conditions.
The principal conditions stated in the court's June 1, 1987, order are: (1) defendant is not to leave the boundaries of Sangamon County without the permission of the court; (2) defendant is to have no contact with his three daughters or with two of his grandchildren; (3) defendant is to provide for release and waiver of his privileges of confidentiality with respect to records concerning his compliance with the terms of his conditional release, diagnosis, treatment and behavior so that such records may be released to the circuit court and to the McLean County State's Attorney; (4) defendant is not to use alcohol or nonprescribed drugs; (5) defendant is to submit to voluntary and random blood, breath, and/or urine tests to determine compliance with the condition that he not consume alcohol or use nonprescribed drugs; (6) defendant is to reside at a halfway house and abide by all of its regulations until he secures suitable employment, after which time he shall be allowed to reside in his own mobile home in Springfield; (7) defendant is to endeavor to obtain appropriate services including but not limited to treatment and therapy with Mr. Gene Brodland, A.S.C.W. at the Southern Illinois University School of Medicine, with Alcoholics Anonymous, and in other programs that are recommended or prescribed by Brodland; (8) Brodland is "to be responsible to treat and develop [ sic ] a treatment plan for the Defendant" and to report to the Department every 60 days concerning defendant's progress; (9) the Department "shall be responsible to insure that the appropriate mental health services are offered to the Defendant, monitoring the Defendant's progress and compliance with this Order, and reporting to the Court and the State's Attorney of McLean County"; and (10) Brodland is to notify the Department, the circuit court, and the office of the McLean County State's Attorney if defendant fails to cooperate with or severs his relationship with Brodland "or in any other manner does not comply with this Order."
The order further provides that the Department "is specifically ordered to effectuate the treatment of this Defendant." Additionally, the order provides that the Department shall:
[2.] Report any non-compliance by the Defendant and with any of the terms and condition of this Order as soon as reasonably possible after such non-compliance.
[3.] Furnish to each agency providing services to the Defendant a copy of this Order, determine that the agency has on file the required waivers of confidentiality, notify the agency of the responsible representative of the Department of Mental Health who will be coordinating the Defendant's care and to whom reports are to be made.
[4.] Notify the Court and State's Attorney of McLean County of the address of the Defendant upon changes, thereof."
The court found the above conditions are "appropriate and required to insure the proper treatment program for the Defendant, to protect the public and insure that the [Department] will supervise the Defendant during his period of release, monitor his compliance or noncompliance with these conditions and report his progress to the Court." The duration of defendant's conditional release is five years unless modified at a future date, but in no event is it to exceed eight years. Defendant is to be returned to a Department facility if he violates any of the terms and conditions of his conditional ...