Defendant was charged with sex offenses involving children and was later found unfit to stand trial. Court found Defendant "not not guilty" of several offenses, and ordered extended period of treatment. At expiration of extended treatment period, court remanded Defendant to Department of Human Services for further treatment per Section 104-25(g)(2) of Code of Criminal Procedure. Per Defendant's treating psychiatrist, Defendant refused to attend the hearing scheduled pursuant to Section 104-25(g)(2)(i) of the Code. Defendant cannot complain of lack of treatment when he refuses to cooperate with his treatment staff at mental health center.A defendant's right to be present at every hearing on issue of his fitness does not apply to treatment plan reviews during Section 1-4-25(g)(2) period of treatment or hearings conducted pursuant to Section 104-25(g)(2)(i) of the Code. (HUTCHINSON and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Fitness