reglab/housing_qa huggingface dataset:
725 ILCS 5/104-11
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. 104-11)Sec. 104-11.         Raising Issue; Burden; Fitness Motions.)  (a) The issue  of the defendant's fitness for trial, to plead, or to be sentenced may be  raised by the defense,  the State or the Court at any appropriate time before a plea is entered  or before, during, or after trial.  When a bonafide doubt of the defendant's  fitness is raised, the court shall order a determination of the issue before  proceeding further.(b) Upon request of the defendant that a qualified expert be appointed  to examine him or her to determine prior to trial if a bonafide doubt as  to his or her fitness to stand trial may be raised, the court, in its discretion,  may order an appropriate examination.  However, no order entered pursuant  to this subsection shall prevent further proceedings in the case.  An expert  so appointed shall examine the defendant and 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.(c) When a bonafide doubt of the defendant's fitness has been raised,  the burden of proving that the defendant is fit by a preponderance of the  evidence and the burden of going forward with the evidence are on the State.  However, the court may call its own witnesses and conduct its own inquiry.(d) Following a finding of unfitness, the court may hear and rule on  any pretrial motion or motions if the defendant's presence is not essential  to a fair determination of the issues.  A motion may be reheard upon a showing  that evidence is available which was not available, due to the defendant's  unfitness, when the motion was first decided.    (Source: P.A. 81-1217.)
725 ILCS 5/104-12
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. 104-12)Sec. 104-12.         Right to Jury.)  The issue of the defendant's fitness may  be determined in the first instance by the court or by a jury.  The defense  or the State may demand a jury or the court on its own motion may order  a jury.  However, when the issue is raised after trial has begun or after  conviction but before sentencing, or when  the issue is to be redetermined under Section 104-20 or 104-27, the issue  shall be determined by the court.    (Source: P.A. 81-1217.)
725 ILCS 5/104-14
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. 104-14)Sec. 104-14.         Use of Statements Made During Examination or Treatment.)  (a) Statements made by the defendant and information gathered in the course  of any examination or treatment ordered under Section 104-13, 104-17 or  104-20 shall not be admissible against the defendant unless he raises the  defense of insanity or the defense of drugged or intoxicated condition,  in which case they shall be admissible only on the issue of whether he was  insane, drugged, or intoxicated.  The refusal of the defendant to cooperate  in such examinations shall not preclude the raising of the aforesaid defenses  but shall preclude the defendant from offering expert evidence or testimony  tending to support such defenses if the expert evidence or testimony is  based upon the expert's examination of the defendant.(b) Except as provided in paragraph (a) of this Section, no statement  made by the defendant in the course of any examination or treatment ordered  under Section 104-13, 104-17 or 104-20 which relates to the crime charged  or to other criminal acts shall be disclosed by persons conducting the examination  or the treatment, except to members of the examining or treating team, without  the informed written consent of the defendant, who is competent at the time  of giving such consent.(c) The court shall advise the defendant of the limitations on the use  of any statements made or information gathered in the course of the fitness  examination or subsequent treatment as provided in this Section.  It shall  also advise him that he may refuse to cooperate with the person conducting  the examination, but that his refusal may be admissible into evidence on  the issue of his mental or physical condition.    (Source: P.A. 81-1217.)
725 ILCS 5/104-15
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. 104-15)Sec. 104-15. Report.(a) The person or persons conducting an examination  of the defendant, pursuant to paragraph (a) or (b) of Section 104-13 shall  submit a written report to the court, the State, and the defense within  30 days of the date of the order.  The  report shall include:(1) A diagnosis and an explanation as to how it was     reached and the facts upon which it is based;(2) A description of the defendant's mental or     physical disability, if any; its severity; and an opinion as to whether and to what extent it impairs the defendant's ability to understand the nature and purpose of the proceedings against him or to assist in his defense, or both.(b) If the report indicates that the defendant is not fit to stand trial  or to plead because of a disability, the report shall include an opinion  as to the likelihood of the defendant attaining fitness within a period of time from the date of the finding of unfitness if  provided with a course of treatment. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the maximum term of imprisonment for the most serious offense.  If the person or persons preparing  the report are unable to form such an opinion, the report shall state the  reasons  therefor.  The report may include a general description of the  type of treatment needed and of the least physically restrictive form of  treatment therapeutically appropriate.(c) The report shall indicate what information, if any, contained therein  may be harmful to the mental condition of the defendant if made known to him.(d) In addition to the report, a person retained or appointed by the State or the defense to conduct an examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. All forensic interviews conducted by a person retained  or appointed by the State or the defense shall be videotaped unless doing so would be impractical. In the event that the interview is not videotaped, the examiner may still testify as to the person's fitness and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. An examiner may use these materials as part of his or her diagnosis and explanation but shall not otherwise disclose the contents, including at a hearing before the court, except as otherwise provided in Section 104-14 of this Code. (Source: P.A. 100-424, eff. 1-1-18.)
725 ILCS 5/104-16
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. 104-16)Sec. 104-16.         Fitness Hearing.)  (a) The court shall conduct a hearing  to determine the issue of the defendant's  fitness within  45  days of receipt  of the final written report of the person or persons conducting the examination  or upon  conclusion of the  matter then pending before it, subject to continuances  allowed pursuant to Section 114-4 of this Act.(b) Subject to the rules of evidence, matters admissible on the issue  of the defendant's fitness include, but are not limited to, the following:(1) The defendant's knowledge and understanding of the charge, the  proceedings, the consequences of a plea, judgment or sentence, and the functions  of the participants in the trial process;(2) The defendant's ability to observe, recollect and relate occurrences,  especially those concerning the incidents alleged, and to communicate with counsel;(3) The defendant's social behavior and abilities; orientation as to time  and place; recognition of persons, places and things; and performance  of motor processes.(c) The defendant has the right to be present at every hearing on the  issue of his fitness.  The defendant's presence may be waived only if there  is filed with the court a certificate stating that the defendant is physically  unable to be present and the reasons therefor.  The certificate shall be  signed by a licensed physician who, within 7 days, has examined the defendant.(d) On the basis of the evidence before it, the court or jury shall determine  whether the defendant is fit to stand trial or to plead.  If it finds that  the defendant is unfit, the court or the jury shall determine  whether there is substantial probability that the defendant, if provided  with a course of treatment, will attain fitness within one year.  If the  court or the jury finds that there is not a substantial probability, the  court shall proceed as provided in Section 104-23.  If such probability  is found or if the court or the jury is unable to determine whether a substantial  probability exists, the court shall order the defendant to undergo treatment  for the purpose of rendering him fit.  In the event that a defendant is  ordered to undergo treatment when there has been no determination as to  the probability of his attaining fitness, the court shall conduct a hearing  as soon as possible following the receipt of the report filed pursuant to  paragraph (d) of Section 104-17, unless the hearing is waived by the defense,  and shall make a determination as to whether a substantial probability exists.(e) An order finding the defendant unfit is a final order for purposes  of appeal by the State or the defendant.    (Source: P.A. 81-1217.)
725 ILCS 5/104-18
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. 104-18)Sec. 104-18. Progress reports.(a) The treatment supervisor shall submit  a written progress report to the court, the State, and the defense:(1) At least 7 days prior to the date for any hearing     on the issue of the defendant's fitness;(2) Whenever he believes that the defendant has     attained fitness;(3) Whenever he believes that there is not a     substantial probability that the defendant will attain fitness, with treatment, within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness.(b) The progress report shall contain:(1) The 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, under treatment, toward attaining fitness within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness;(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.(c) Whenever the court is sent a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of this Section, the treatment provider shall arrange with the county jail for the immediate return of the defendant to the county jail under subsection (e) of Section 104-20 of this Code.(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
725 ILCS 5/104-19
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. 104-19)Sec. 104-19.         Records.) Any report filed of record with the court concerning  diagnosis, treatment or treatment plans made pursuant to this Article shall  not be placed in the defendant's court record but shall be maintained separately  by the clerk of the court and shall be available only to the court or an  appellate court, the State and the defense, a facility or program which  is providing treatment to the defendant pursuant to an order of the court  or such other persons as the court may direct.    (Source: P.A. 81-1217.)
725 ILCS 5/104-21
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. 104-21)Sec. 104-21. Medication.(a) A defendant who is receiving psychotropic drugs  shall not be presumed to be unfit to stand trial  solely by virtue of the receipt of those drugs or medications.(b) Whenever a defendant who is receiving medication under medical direction  is transferred between a place of custody and a treatment facility or program,  a written report from the prescribing physician shall accompany the defendant.  The report shall state the type and dosage of the defendant's medication  and the duration of the prescription.  The chief officer of the place of  custody or the treatment supervisor at the facility or program shall insure  that such medication is provided according to the directions of the prescribing  physician or until superseded by order of a physician who has examined the  defendant.(c) If a defendant refuses psychotropic medication, it may be administered over the defendant's objections in accord with the Mental Health and Developmental Disabilities Code. If court authorized medications are sought, the petition, prepared in accord with Section 2-107.1 of the Mental Health and Developmental Disabilities Code may be filed in the county where the defendant is located or with the court having jurisdiction over the defendant. (Source: P.A. 98-1025, eff. 8-22-14.)
725 ILCS 5/104-22
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. 104-22)Sec. 104-22.         Trial with special provisions and assistance.)  (a) On motion of the defendant, the State or on the court's own motion,  the court shall determine whether special provisions or assistance will  render the defendant fit to stand trial as defined in Section 104-10.(b) Such special provisions or assistance may include but are not limited to:(1) Appointment of qualified translators who shall simultaneously translate  all testimony at trial into language understood by the defendant.(2) Appointment of experts qualified to assist a defendant who because  of a disability is unable to understand the proceedings or communicate with  his or her attorney.(c) The case may proceed to trial only if the court determines that such  provisions or assistance compensate for a defendant's disabilities so as  to render the defendant fit as defined in Section  104-10.  In such cases the court shall state for the record the following:(1) The qualifications and experience of the experts or other persons  appointed to provide special assistance to the defendant;(2) The court's reasons for selecting or appointing the particular experts  or other persons to provide the special assistance to the defendant;(3) How the appointment of the particular expert or other persons will  serve the goal of rendering the defendant fit in view of the appointee's  qualifications and experience, taken in conjunction with the particular  disabilities of the defendant; and(4) Any other factors considered by the court in appointing that individual.    (Source: P.A. 81-1217.)
725 ILCS 5/104-24
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. 104-24)Sec. 104-24.     Time Credit.     Time spent in custody pursuant to orders  issued under Section 104-17 or 104-20 or pursuant to a commitment to the  Department of Human Services following a finding  of unfitness or incompetency under prior law, shall be credited against  any sentence imposed on the defendant in the pending criminal case or in  any other case arising out of the same conduct.    (Source: P.A. 89-507, eff. 7-1-97.)
730 ILCS 5/5-8-1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title I - General Provisions

 or Article 4.5 of Chapter V of the "Unified Code of Corrections", excluding any sentence of natural life. (Source: P.A. 95-1052, eff. 7-1-09.)
725 ILCS 5/104-27
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. 104-27)Sec. 104-27.         Defendants Found Unfit Prior to this Article;  Reports;  Appointment of Counsel.(a) Within 180 days after the effective date of  this Article, the Department of Mental Health and  Developmental Disabilities (predecessor of the Department of Human  Services)  shall compile a report on each defendant under its custody who was found  unfit or incompetent to stand trial or to be sentenced prior to the effective  date of this Article.  Each report shall include the defendant's name,  indictment and warrant numbers, the county of his commitment, the length of  time he has been hospitalized, the date of his last fitness hearing, and a  report on his present status as provided in Section 104-18.(b) The reports shall be forwarded to the Supreme Court which shall  distribute copies thereof to the chief judge  of the court in which the criminal charges were originally filed, to the  state's attorney and the public defender of the same county, and to the  defendant's attorney of record, if any.  Notice that the report has been  delivered shall be given to the defendant.(c) Upon receipt of the report, the chief judge shall appoint the public  defender or other counsel for each defendant who is not represented by  counsel and who is indigent pursuant to Section 113-3 of this Act, as now  or hereafter amended.  The court shall provide the defendant's counsel with  a copy of the report.    (Source: P.A. 89-507, eff. 7-1-97.)
725 ILCS 5/104-28
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. 104-28)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.)
725 ILCS 5/104-29
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. 104-29)Sec. 104-29.         In the event of any conflict between this Article and the  "Mental Health and Developmental Disabilities Code", the provisions of  this Article shall govern.    (Source: P.A. 81-1217.)
725 ILCS 5/104-30
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. 104-30)Sec. 104-30.         Notice to Law Enforcement Agencies Regarding Release of  Defendants.(a) Prior to the release by the Department of Human Services of any person  admitted pursuant to any provision of this Article,  the  Department of Human Services shall give written notice to the Sheriff of the  county from which  the defendant was admitted.  In cases where the arrest of the defendant  or the commission of the offense took place in any municipality with a  population  of more than 25,000 persons, the Department of Human Services shall also give  written  notice to the proper law enforcement agency for said municipality, provided  the municipality has requested such notice in writing.(b) Where a defendant in the custody of the Department of Human Services under any provision of this Article is released pursuant to an order  of  court, the clerk of the circuit court shall, after the entry of the order,  transmit a certified copy of the order of release to the Department of Human  Services  and the Sheriff of the county from which the defendant was admitted.  In  cases where the arrest of the defendant or the commission of the offense  took place in any municipality with a population of more than 25,000 persons,  the Clerk of the circuit court shall also send a certified copy of the order  of release to the proper law enforcement agency for said municipality provided  the municipality has requested such notice in writing.    (Source: P.A. 89-507, eff. 7-1-97.)