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12/29/94 PEOPLE STATE ILLINOIS v. CHRISTOPHER OWENS

December 29, 1994

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
CHRISTOPHER OWENS, DEFENDANT-APPELLANT



Appeal from the Circuit Court of Cook County. Honorable Themis N. Karnezis, Judge Presiding.

The Honorable Justice Theis delivered the opinion of the court: Hoffman, P.j., and O'brien, S., J., concur.

The opinion of the court was delivered by: Theis

The Honorable Justice THEIS delivered the opinion of the court:

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.

STATUTORY FRAMEWORK

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, 467 N.E.2d 1158, 1160, 82 Ill. Dec. 85; see also 730 ILCS 5/5-2-4(k) (West 1992) ("In the event of a conflict between this Section and the Mental Health and Developmental Disabilities Code ***, the provisions of this Section shall govern."); 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, 459 N.E.2d 985, 987, 76 Ill. Dec. 850.) The terms of the statute should be consulted first. Hampton, 121 Ill. App. 3d at 275, 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, 730 ILCS 5/5-2-4(b), 730 ILCS 5/5-2-4(d) and 730 ILCS 5/5-2-4(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) of the Unified Code of Corrections

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 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).

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.

Section 5-2-4(d) of the Unified Code of Corrections

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 ...


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