Courts Jurisdiction Period Over a Person Who Had Been Acquitted by Reason of Insanity

In People v. Marshall, 273 Ill. App. 3d 969, 652 N.E.2d 1294, 210 Ill. Dec. 318 (1995), the court considered the period of time that a trial court could retain jurisdiction over a person who had been acquitted by reason of insanity and was thereafter granted a conditional release. The court held that "once a court finds, after hearing on a petition for conditional release, that a defendant is entitled to be granted his request, and is awarded a conditional release, a defendant cannot be held for treatment beyond the five year period unless a petition requesting that he be returned to the Department is filed within the five year period." Marshall. 273 Ill. App. 3d at 975. The court determined that because no petition had been filed within the defendant's term of conditional release, the trial court lost jurisdiction over the defendant once the term expired. Marshall, 273 Ill. App. 3d at 976-77.