People v. Lewis

Defendant, who was charged with multiple counts of domestic battery, appealed from a trial court order finding that she constituted a serious threat to public safety after an extended period of fitness restoration treatment and remanding her to the Illinois Department of Human Services for further treatment. The appellate court vacated the order, finding that the trial court erred when it held a fitness hearing in the defendant’s absence and remanded for a retrospective hearing to determine defendant’s fitness as of the date of the original hearing. (JORGENSEN and BIRKETT, concurring)