Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 5/104-28

(725 ILCS 5/104-28) (from Ch. 38, par. 104-28)

Sec. 104-28.

Disposition of Defendants Found Unfit Prior to this Article.

(a) Upon reviewing the report, the court shall determine whether the
defendant
has been in the custody of the Department of Mental Health and Developmental
Disabilities (now the Department of Human Services) for a period of time
equal to the length of time that the defendant
would have been required to serve, less good time, before becoming eligible
for parole or mandatory supervised release had he been convicted of the
most serious offense charged and had he received the maximum sentence
therefor.  If the court so finds, it shall dismiss the charges against the
defendant, with leave to reinstate. If the defendant has not been committed
pursuant to the Mental Health and Developmental Disabilities Code, the court
shall order him discharged or shall order a hearing to be conducted
forthwith pursuant to the provisions of the Code.  If the defendant was
committed pursuant to the Code, he shall continue to be treated pursuant
to his commitment order and shall be considered a civilly committed patient
for all purposes including discharge.

(b) If the court finds that a defendant has been in the custody of the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a period
less than that specified in paragraph (a) of this Section, the court shall
conduct a hearing pursuant to Section 104-20 forthwith to redetermine the
issue of the defendant's fitness to stand trial or to plead.  If the defendant
is fit, the matter shall be set for trial.  If the court finds that the
defendant is unfit, it shall proceed pursuant to Section 104-20 or 104-23,
provided that a defendant who is still unfit and who has been in the custody
of the Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a
period of more than one year from the date of the finding of unfitness shall
be immediately subject to the provisions of Section 104-23.

(Source: P.A. 89-507, eff. 7-1-97.)