Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 03-CF-89 Honorable Carla Alessio-Policandriotes, Judge, Presiding.
The opinion of the court was delivered by: Justice Lytton
JUSTICE LYTTON delivered the judgment of the court, with opinion. Justices Carter and Holdridge concurred in the judgment and opinion.
¶ 1 Defendant, Will Taylor, was charged with two counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2002)) and two counts of attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2002)). Defendant was found unfit to stand trial. Following an extended period of treatment that was unsuccessful in restoring defendant's fitness, the court found that defendant was subject to involuntary admission and constituted a serious threat to the public safety. 725 ILCS 5/104-25(g)(2) (West 2010). The court remanded defendant to the Department of Human Services (DHS) for further treatment under section 104-25(g)(2) of the Code of Criminal Procedure of 1963 (Code). Id. Defendant appeals, arguing that his request for release to a nursing home for further treatment should have been both considered by the court and granted. We remand.
¶ 3 On February 5, 2003, defendant was charged by indictment with two counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2002)) and two counts of attempted first degree murder (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2002)). The indictment alleged that, on January 18, 2003, defendant shot and killed his wife, Hazel Taylor, and pointed a loaded weapon at a Joliet police officer. On December 9, 2003, the trial court found defendant unfit to stand trial, and he was placed in the custody of DHS for treatment.
¶ 4 After a discharge hearing on December 6, 2005, the court determined that there was sufficient evidence to sustain convictions for defendant on each count of the indictment. 725 ILCS 5/104-23(b)(1), 104-25(a) (West 2010). The court remanded defendant to DHS and extended his treatment for five years. 725 ILCS 5/104-25(d)(2) (West 2010).
¶ 5 Upon completion of defendant's extended period of treatment, he remained unfit for trial. On October 25, 2011, the court held a commitment hearing under section 104-25(g)(2) to determine whether defendant was subject to involuntary admission or constituted a serious threat to public safety. 725 ILCS 5/104-25(g)(2) (West 2010). The court did not consider whether defendant's placement in a less secure setting was appropriate, stating that such evidence would be heard at a later hearing if defendant were remanded to DHS. See 725 ILCS 5/104-25(g)(2)(i) (West 2010).
¶ 6 The State presented the testimony of Dr. Amar Chawla, defendant's treating psychiatrist at Elgin Mental Health Center (EMHC) since 2006. Chawla testified that defendant suffered from vascular dementia, depressive disorder, alcohol-induced persisting dementia, alcohol dependence, cerebrovascular disease, hypertension, and non-insulin-dependent diabetes. Chawla testified that despite improvements in defendant's mental illnesses from electroconvulsive therapy, he still suffered from cognitive impairments and was unreliable in taking his daily medications.
¶ 7 Chawla opined that defendant was psychiatrically stable and was not a danger to himself or others. Chawla did not recommend releasing defendant into the community, but testified that defendant was not subject to involuntary admission and was appropriate for release into a less restrictive setting for outpatient mental health services. Chawla suggested release into Atrium nursing home, which utilized safety measures to ensure he did not leave the premises and would provide the assistance defendant required with activities of daily living.
¶ 8 Defendant presented the testimony of Michelle Evans, a licensed social worker who had treated defendant at EMHC since 2008. Evans testified that defendant's treatment team at EMHC concluded that he did not pose a danger to public safety. Evans further testified that the team also recommended defendant's release to Atrium nursing home.
¶ 9 The court found that defendant was subject to involuntary admission and was a serious threat to public safety. Defendant was then remanded to DHS in a secure setting for further treatment, with a maximum commitment date of January 18, 2063. 725 ILCS 5/104-25(g)(2) (West 2010). Defendant's motion to reconsider was denied by the trial court. Defendant appeals.
¶ 11 Defendant argues that the trial court erred in denying his request to be placed in a less restrictive environment for outpatient treatment, namely the Atrium nursing home. Specifically, defendant claims that the court should have considered this disposition at his section 104-25(g)(2) commitment hearing. As this issue concerns ...