Illinois Appellate Court
Criminal Court
Fitness
After evidentiary hearing, Court found Defendant, an adult, remained unfit to stand trial, that he was subject to involuntary admission under Mental Health Code, and that he posed serious threat to public safety, and remanded him to DHS custody. Court was not obligated to give Defendant's mother, who Defendant claimed was his legal guardian, notice of evidentiary hearing. Provisions of Mental Health Code is not applicable to hearing at which finding of unfitness or threat to public safety is made. Unless State has reason to know a guardian has been appointed for adult criminal Defendant, failure to serve guardian with notice does not signify lack of diligence in proceeding for remand to DHS. (JORGENSEN and BURKE, concurring.)