Period 4: Post-Extended Treatment (g)(2)

If, at the end of an extended period of treatment under 725 ILCS 104-25(d), the individual remains either Unfit to Stand Trial or a serious threat to public safety, the court may remand the individual to IDHS for continued treatment under 725 ILCS 104-25(g)(2).

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The individual shall be treated in the same manner as a civilly committed patient, except that the original court with jurisdiction over the individual shall be required to approve any conditional release or discharge during the commitment period. The commitment period is up to the maximum sentence the individual could have received if convicted of the charged offense.

The individual is treated in the same manner as a civilly committed patient for all purposes, except the original court with jurisdiction over the individual is required to approve any conditional release or discharge.

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Possible outcomes of a fitness hearing include:

• Is subject to involuntary admission on an inpatient basis (based on one or more of the following situations):
  • An individual with mental illness who because of her or his illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing him or her or another in physical harm or in reasonable expectation of being physically harmed.
  • An individual with mental illness who because of his or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis.
  • An individual with mental illness who refuses treatment or is not adhering adequately to prescribed treatment or because of the nature of her or his illness, is unable to understand her or his need for treatment; and, if not treated on an inpatient basis, is reasonably expected, based on her or his behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to either engage in conduct placing herself or himself or another in physical harm or, to be unable to provide for her or his basic physical needs so as to guard herself or himself from serious harm without the assistance of family or others.
• Is in need of mental health services in the form of inpatient care.
  • An individual who would benefit from inpatient treatment and are not sufficiently improved to be treated on an outpatient basis. This may include individuals who do not meet the definition of mental illness under 405 ILCS 5/1-129 of the Illinois Mental Health Code (developmental disability, dementia or Alzheimer’s disease absent psychosis, substance use disorder, or an abnormality manifested only by repeated criminal or otherwise antisocial conduct) but would still benefit from inpatient services.
• Is not in need of inpatient hospitalization but is in need of mental health services on an outpatient basis.
• Is no longer in need of mental health services.

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