725 ILCS 5/104-13
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title I - General Provisions

 (from Ch. 38, par. 104-13)(Text of Section before amendment by P.A. 101-652)Sec. 104-13.     Fitness Examination.(a) When the issue of fitness involves  the defendant's mental condition, the court shall order an examination of  the defendant by one or more licensed physicians, clinical psychologists,  or psychiatrists chosen by the court.  No physician, clinical  psychologist or psychiatrist employed by the Department of Human Services shall  be ordered to perform,  in his official capacity, an examination under this Section.(b) If the issue of fitness involves the defendant's physical condition,  the court shall appoint one or more physicians and in addition, such other  experts as it may deem appropriate to examine the defendant and to report  to the court regarding the defendant's condition.(c) An examination ordered under this Section shall be given at the place  designated by the person who will conduct the examination, except that if  the defendant is being held in custody, the examination shall take place  at such location as the court directs.  No examinations under this  Section shall be ordered to take place at mental health or developmental  disabilities facilities operated by the Department of Human Services.  If the defendant fails to keep appointments  without reasonable cause or if the person conducting the examination reports  to the court that diagnosis requires hospitalization or extended observation,  the court may order the defendant admitted to an appropriate facility for  an examination, other than a screening examination, for not more than 7  days.  The court may, upon a showing of good cause, grant an additional  7 days to complete the examination.(d) Release on bail or on recognizance shall not be revoked and an  application therefor shall not be denied on the grounds that an examination  has been ordered.(e) Upon request by the defense and if the defendant is indigent, the  court may appoint, in addition to the expert or experts chosen pursuant to  subsection (a) of this Section, a qualified expert selected by the defendant  to examine him and to make a report as provided in Section 104-15.  Upon  the filing with the court of a verified statement of services rendered, the  court shall enter an order on the county board to pay such expert a  reasonable fee stated in the order.    (Source: P.A. 89-507, eff. 7-1-97.)(Text of Section after amendment by P.A. 101-652)Sec. 104-13. Fitness Examination.(a) When the issue of fitness involves  the defendant's mental condition, the court shall order an examination of  the defendant by one or more licensed physicians, clinical psychologists,  or psychiatrists chosen by the court.  No physician, clinical  psychologist or psychiatrist employed by the Department of Human Services shall  be ordered to perform,  in his official capacity, an examination under this Section.(b) If the issue of fitness involves the defendant's physical condition,  the court shall appoint one or more physicians and in addition, such other  experts as it may deem appropriate to examine the defendant and to report  to the court regarding the defendant's condition.(c) An examination ordered under this Section shall be given at the place  designated by the person who will conduct the examination, except that if  the defendant is being held in custody, the examination shall take place  at such location as the court directs.  No examinations under this  Section shall be ordered to take place at mental health or developmental  disabilities facilities operated by the Department of Human Services.  If the defendant fails to keep appointments  without reasonable cause or if the person conducting the examination reports  to the court that diagnosis requires hospitalization or extended observation,  the court may order the defendant admitted to an appropriate facility for  an examination, other than a screening examination, for not more than 7  days.  The court may, upon a showing of good cause, grant an additional  7 days to complete the examination.(d) Release on pretrial release or on recognizance shall not be revoked and an  application therefor shall not be denied on the grounds that an examination  has been ordered.(e) Upon request by the defense and if the defendant is indigent, the  court may appoint, in addition to the expert or experts chosen pursuant to  subsection (a) of this Section, a qualified expert selected by the defendant  to examine him and to make a report as provided in Section 104-15.  Upon  the filing with the court of a verified statement of services rendered, the  court shall enter an order on the county board to pay such expert a  reasonable fee stated in the order.  (Source: P.A. 101-652, eff. 1-1-23.)