(725 ILCS 5/104-21)
(from Ch. 38, par. 104-21)
(a) A defendant who is receiving psychotropic drugs
shall not be presumed to be unfit to stand trial
solely by virtue of the receipt of those drugs or medications.
(b) Whenever a defendant who is receiving medication under medical direction
is transferred between a place of custody and a treatment facility or program,
a written report from the prescribing physician shall accompany the defendant.
The report shall state the type and dosage of the defendant's medication
and the duration of the prescription. The chief officer of the place of
custody or the treatment supervisor at the facility or program shall insure
that such medication is provided according to the directions of the prescribing
physician or until superseded by order of a physician who has examined the
(c) If a defendant refuses psychotropic medication, it may be administered over the defendant's objections in accord with the Mental Health and Developmental Disabilities Code. If court authorized medications are sought, the petition, prepared in accord with Section 2-107.1 of the Mental Health and Developmental Disabilities Code may be filed in the county where the defendant is located or with the court having jurisdiction over the defendant.
(Source: P.A. 98-1025, eff. 8-22-14.)