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Period 3: Extended Treatment (NNG)
Extended Treatment Ordered, “Not Not Guilty”: 725 ILCS 5/104-25(d)
If after one year of treatment an individual remains unfit for trial, he or she may be remanded by the court for further treatment, and the one-year time limit shall be extended anywhere between 1 to 5 years based on the index offense.
- Misdemeanor → not eligible for extended treatment
- Felony Class 2, 3, 4 → max 15 months
- Class 1, X → max 2 years
- 1st Degree Murder → max 5 years
Treatment and Progress Reports (Extended): 725 ILCS 5/104-18
As in the initial period of treatment, progress reports are sent to the court every 90 days (7 days before the hearing) or when the treatment supervisor opines that the individual has attained fitness or is unlikely to attain fitness.
Court Resources
Fitness Review Hearings (Extended): 725 ILCS 5/104-20 (a)
As in the initial period of treatment, a fitness hearing is held every 90 days or when a treatment supervisor provides an opinion on fitness achieved or unlikeliness to become fit.
Possible outcomes of a fitness hearing include:
Fit: Set the matter to trial.
Fit with Special Provisions (725 ILCS 5/104-22): Set the matter to trial accounting for provisions such as the support of a translator or qualified expert.
Unfit, but making progress: Continue or modify treatment plan.
Unfit, unlikely to become fit (725 ILCS 5/104-23): Set matter for discharge hearing OR dismiss charges and release from custody OR pursue civil commitment.
End-of-Extended Treatment Period Hearing: 725 ILCS 5/104-25(g)
Possible outcomes at the end of this period include:
Fit or can be rendered fit: Proceed to criminal trial (g)(1)
Unfit and subject to involuntary admission under the Mental Health and Developmental Disabilities Code or constitutes a serious threat to the public safety: pursue Post-Extended Period of Treatment (g)(2)
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