Period 2: Standard (Initial) Fitness Restoration

Once the placement location is confirmed the Forensic Coordinator for each hospital or the Forensic Outpatient Manager coordinates the transition of the individual from custody to treatment.

If placement cannot be made within 60 days of the transmittal of the court’s placement order and IDHS has demonstrated good faith efforts at placement and a lack of bed and placement availability, IDHS shall provide an update to the ordering court every 30 days until the individual is placed.

The report shall provide an assessment of the facility’s or program’s capacity to provide appropriate treatment to the individual and include an opinion as to the probability of the individual attaining fitness within the statutory period of time from the date of the finding of unfitness.

If there is probability that an individual is likely to obtain fitness within the statutory time frame, the treatment supervisor shall also file a treatment plan, which includes all of the following:

1. A diagnosis of the individual’s disability
2. A description of treatment goals with respect to rendering the individual fit, a specification of the proposed treatment modalities, and an estimated timetable for attainment of the goals
3. An identification of the person in charge of supervising the individual’s treatment
   

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A report prepared by IDHS outlining progress in treatment and an opinion on fitness shall be sent to the Court, the State’s Attorney, and the individual’s counsel in preparation for each fitness review hearing:

• Every 90 days from the date of the initial order for treatment​

• Whenever she or he believes that the individual has attained fitness;

• Whenever she or he believes that there is not a substantial probability that the individual will attain fitness, with treatment, within the statutory time period

The progress report shall contain:

1. Clinical findings of the treatment supervisor and the facts upon which the findings are based
2. The opinion of the treatment supervisor as to whether the defendant has attained fitness or as to whether the defendant is making progress toward attaining fitness
3. If the defendant is receiving medication, information from the prescribing physician indicating the type, the dosage and the effect of the medication on the defendant’s appearance, actions and demeanor.
   

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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.
  

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