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(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
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.)
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