(725 ILCS 5/104-16)
(from Ch. 38, par. 104-16)
Fitness Hearing.) (a) The court shall conduct a hearing
to determine the issue of the defendant's fitness within 45 days of receipt
of the final written report of the person or persons conducting the examination
or upon conclusion of the matter then pending before it, subject to continuances
allowed pursuant to Section 114-4 of this Act.
(b) Subject to the rules of evidence, matters admissible on the issue
of the defendant's fitness include, but are not limited to, the following:
(1) The defendant's knowledge and understanding of the charge, the
proceedings, the consequences of a plea, judgment or sentence, and the functions
of the participants in the trial process;
(2) The defendant's ability to observe, recollect and relate occurrences,
especially those concerning the incidents alleged, and to communicate with counsel;
(3) The defendant's social behavior and abilities; orientation as to time
and place; recognition of persons, places and things; and performance
of motor processes.
(c) The defendant has the right to be present at every hearing on the
issue of his fitness. The defendant's presence may be waived only if there
is filed with the court a certificate stating that the defendant is physically
unable to be present and the reasons therefor. The certificate shall be
signed by a licensed physician who, within 7 days, has examined the defendant.
(d) On the basis of the evidence before it, the court or jury shall determine
whether the defendant is fit to stand trial or to plead. If it finds that
the defendant is unfit, the court or the jury shall determine
whether there is substantial probability that the defendant, if provided
with a course of treatment, will attain fitness within one year. If the
court or the jury finds that there is not a substantial probability, the
court shall proceed as provided in Section 104-23. If such probability
is found or if the court or the jury is unable to determine whether a substantial
probability exists, the court shall order the defendant to undergo treatment
for the purpose of rendering him fit. In the event that a defendant is
ordered to undergo treatment when there has been no determination as to
the probability of his attaining fitness, the court shall conduct a hearing
as soon as possible following the receipt of the report filed pursuant to
paragraph (d) of Section 104-17, unless the hearing is waived by the defense,
and shall make a determination as to whether a substantial probability exists.
(e) An order finding the defendant unfit is a final order for purposes
of appeal by the State or the defendant.
(Source: P.A. 81-1217.)