(725 ILCS 5/104-23)
(from Ch. 38, par. 104-23)
Cases involving an unfit defendant who
demands a discharge hearing or a defendant who cannot become fit to stand
trial and for whom no special provisions or assistance can compensate for
his disability and render him fit shall proceed in the following manner:
(a) Upon a determination that there is not a substantial probability
that the defendant will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from the original
finding of unfitness, a defendant or the attorney for the defendant
may move for a discharge hearing pursuant to the provisions of Section 104-25.
The discharge hearing shall be held within 120 days of the filing of a
motion for a discharge hearing, unless the delay is occasioned by the defendant.
(b) If at any time the court determines that there is not a substantial
probability that the defendant will become fit to stand trial or to plead
within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness,
or if at the end of the time period set in subsection (e) of Section 104-17 of this Code from that date the court finds the defendant
still unfit and for whom no special provisions or assistance can compensate
for his disabilities and render him fit, the State shall request the court:
(1) To set the matter for hearing pursuant to Section
104-25 unless a hearing has already been held pursuant to paragraph (a) of this Section; or
(2) To release the defendant from custody and to
dismiss with prejudice the charges against him; or
(3) To remand the defendant to the custody of the
Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code, as now or hereafter amended. The Department of Human Services shall have 7 days from the date it receives the defendant to prepare and file the necessary petition and certificates that are required for commitment under the Mental Health and Developmental Disabilities Code. If the defendant is committed to the Department of Human Services pursuant to such hearing, the court having jurisdiction over the criminal matter shall dismiss the charges against the defendant, with the leave to reinstate. In such cases the Department of Human Services shall notify the court, the State's attorney and the defense attorney upon the discharge of the defendant. A former defendant so committed shall be treated in the same manner as any other civilly committed patient for all purposes including admission, selection of the place of treatment and the treatment modalities, entitlement to rights and privileges, transfer, and discharge. A defendant who is not committed shall be remanded to the court having jurisdiction of the criminal matter for disposition pursuant to subparagraph (1) or (2) of paragraph (b) of this Section.
(c) If the defendant is restored to fitness and the original charges
against him are reinstated, the speedy trial provisions of Section 103-5
shall commence to run.
(Source: P.A. 98-1025, eff. 8-22-14.)