Topic:
Unfitness issues in criminal cases
(Haine, D-Alton; Sims, D-Chicago) provides that a person conducting a fitness examination must make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant upon written request. Requires a forensic interview to be videotaped unless impractical. Allows an examiner to use these materials as part of a diagnosis or explanation and prohibits disclosure of the examination's contents except as otherwise provided by law.
Senate Bill 2801 also removes the ability of the court to order placement in a non-secure setting within the Department of Human Services if a defendant is found unfit to stand trial or acquitted by reason of insanity. For an unfit defendant charged with a misdemeanor, it changes the period of time in which the defendant, with treatment, may be expected to attain fitness for purposes of fitness determinations from one year to no longer than the length of sentence if convicted of the most serious offense. If an unfit defendant refuses psychotropic medication, it allows the medication to be administered over the defendant's objections as provided in the Mental Health and Developmental Disabilities Code.
Effective immediately except that discovery section is effective January 1, 2015.