Fitness to Stand Trial Evaluation

 

Illinois uses the term “fitness” where many states say “competency.”

 

A defendant is presumed fit. Under 725 ILCS 5/104-10, a defendant is unfit if, because of a mental or physical condition, the defendant is unable to understand the nature and purpose of the proceedings or to assist in the defense.

 

The same standard applies to fitness to plead guilty and to be sentenced.

 

A diagnosis alone does not make someone unfit. What matters is whether the person’s current condition actually prevents the person from understanding the proceedings or working with the attorney.

 

Research consistently finds that psychotic disorders are the conditions most strongly linked to a finding of incompetent to stand trial. Intellectual disability, neurocognitive disorders such as dementia, and brain injuries are other common causes.

 

The evaluation can take several sessions, particularly when a defendant’s symptoms limit how long an interview can continue.

 

For court-ordered evaluations, Illinois law requires the report within 30 days of the court’s order. For evaluations retained by the defense, the report is typically completed within a few weeks after the evaluation and receipt of records.

 

The criminal case is paused. The court decides whether there is a substantial probability that the defendant will attain fitness within one year if given treatment. If so, the court orders treatment in the least restrictive appropriate setting, which may be a state hospital or an outpatient program, and the treatment provider reports progress to the court.

 

If the defendant is restored, the case resumes. If not, Illinois law provides for further hearings, which may lead to extended treatment, civil commitment, or other outcomes depending on the charge.

 

No. Fitness concerns the defendant’s present ability to take part in the case. Insanity concerns the defendant’s mental state at the time of the offense.

 

In Illinois, a person is not criminally responsible if, because of a mental disease or defect, the person lacked substantial capacity to appreciate the criminality of the conduct. Illinois does not recognize “diminished capacity” as a separate defense, though mental health evidence may still matter at sentencing.

 

A judge orders a competency evaluation when there is a “bona fide doubt” about a defendant’s fitness. The defense, the State, or the court can raise the issue before a plea is entered or before, during, or after trial.

 

Common reasons include signs of psychosis, confusion about the charges or court process, intellectual disability, dementia, or difficulty communicating with the attorney.

 

We conduct a clinical interview and a structured fitness interview that assesses the defendant’s understanding of the charges, possible penalties, courtroom roles, and plea options, as well as the ability to work with counsel.

 

We also review court and treatment records, speak with collateral sources, and assess whether symptoms are genuine or exaggerated.

 

The report provides a diagnosis and an opinion on fitness. If the defendant is unfit, it addresses whether there is a substantial probability of attaining fitness within one year with treatment and the least restrictive appropriate treatment setting.

 

The evaluator gives an opinion, but the court makes the legal decision. In Illinois, fitness may be decided by the judge or, if either side or the court requests one, by a jury.

 

​Generally, no. Under Illinois law, statements made during a court-ordered fitness examination cannot be used against the defendant.

 

The main exception is when the defendant raises an insanity or intoxication defense, and even then the statements may be used only on that issue.

 

Yes. Defense attorneys often retain an independent expert to assess fitness before deciding whether to raise the issue, or to provide a second opinion.

 

Illinois law also allows the court, at the defense’s request, to appoint an expert to help determine whether a bona fide doubt exists.