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Illinois Compiled Statutes

725 ILCS 5/104-13 (2026)

Fitness examination

✓ current as of May 2026
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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.
    (a-1) The Administrative Office of the Illinois Courts is encouraged to establish standards and a certification process for court-appointed fitness evaluators designed to increase the availability of qualified evaluators statewide and to increase access, consistency, and fairness within fitness-to-stand-trial proceedings and subsequent placement recommendations.
    (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.
    (d) Pretrial release 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. 104-318, eff. 1-1-26.)

    
Notes of Decisions
Cited in 31 cases (16 in the last 5 years), 1996–2026 · leading case: People v. Cross, 2021 IL App (4th) 190114 (Ill. App. Ct. 2021).
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People v. Cross, 2021 IL App (4th) 190114 (Ill. App. Ct. 2021). “e tried within 120 days after arrest, excluding certain enumerated delays: -9- “(a) Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he or she was taken into custody unless delay is…”
People v. Gillon, 2016 IL App (4th) 140801 (Ill. App. Ct. 2016). “” 725 ILCS 5/104-13(a) (West 2012). Although the statute does not specifically prohibit a licensed clinical social worker from - 11 - conducting the Department’s pretreatment evaluation, we find, in this particular case, the social worker’s decision restoring defendant to…”
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015). · cites it 3× “” 725 ILCS 5/104-13 (West 2012). ¶ 68 The parties dispute whether or not the trial court expressly made a finding that a bona fide doubt of fitness existed.”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). · cites it 3× “See 725 ILCS 5/104-13(a) (West 2008). In October 2009, Dr.”
People v. Edwards, 2017 IL App (3d) 130190-B (Ill. App. Ct. 2017). · cites it 3× “” 725 ILCS 5/104-13 (West 2012). ¶ 68 The parties dispute whether or not the trial court expressly made a finding that a bona fide doubt of fitness existed.”
Barichello v. Mcdonald, 98 F.3d 948 (7th Cir. 1996). “Since the transfer, Barichello has lived in the Forensic Treatment Center, a secured building which houses criminal defendants who have been found unfit to stand trial, pursuant to 725 ILCS 5/104-13 et seq. ("UST patients"), and persons who have been adjudicated not guilty by…”
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015). · cites it 3× “” 725 ILCS 5/104-13 (West 2012). ¶ 68 The parties dispute whether or not the trial court expressly made a finding that a bona fide doubt of fitness existed.”
People v. Holt, 2014 IL 116989 (Ill. 2014). “” Therein, counsel suggested, pursuant to section 104-13(e) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/104-13(e) (West 2010)), that defendant was “entitled to” the appointment of a qualified expert of her choosing to perform a fitness evaluation independent of…”
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “The person or persons conducting the examination must submit a written report.”
People v. Haywood, 2016 IL App (1st) 133201 (Ill. App. Ct. 2016). “Neu's testimony defendant filed a motion to bar the testimony pursuant to section 104-13 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/104-13 (West 2010)), which states that defendant's statements during a fitness examination cannot be used against him unless he…”
People v. Edwards, 2021 IL App (3d) 130190-C (Ill. App. Ct. 2021). · cites it 2× “n large part on the fact that the signed order, drafted by defense counsel, states: “This matter coming on for hearing on defendant’s motion for expert witness and for fitness hearing, and for other relief, said motion being uncontested by the People of the State of Illinois,…”
People v. Gillon, 2016 IL App (4th) 140801 (Ill. App. Ct. 2017). “” 725 ILCS 5/104-13(a) (West 2012). Although the statute does not specifically prohibit a licensed clinical social worker from conducting the Department’s pretreatment evaluation, we find, in this particular case, the social worker’s decision restoring defendant to fitness…”
Show all 31 citing cases →
— 725 ILCS 5/104-13(a) — 14 cases
People v. Gillon, 2016 IL App (4th) 140801 (Ill. App. Ct. 2016). “” 725 ILCS 5/104-13(a) (West 2012). Although the statute does not specifically prohibit a licensed clinical social worker from - 11 - conducting the Department’s pretreatment evaluation, we find, in this particular case, the social worker’s decision restoring defendant to…”
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “The person or persons conducting the examination must submit a written report.”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “See 725 ILCS 5/104-13(a) (West 2008). In October 2009, Dr.”
People v. Gillon, 2016 IL App (4th) 140801 (Ill. App. Ct. 2017). “” 725 ILCS 5/104-13(a) (West 2012). Although the statute does not specifically prohibit a licensed clinical social worker from conducting the Department’s pretreatment evaluation, we find, in this particular case, the social worker’s decision restoring defendant to fitness…”
People v. Lezine, 2023 IL App (2d) 220065 (Ill. App. Ct. 2023).
— 725 ILCS 5/104-13(e) — 4 cases
People v. Holt, 2014 IL 116989 (Ill. 2014). “” Therein, counsel suggested, pursuant to section 104-13(e) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/104-13(e) (West 2010)), that defendant was “entitled to” the appointment of a qualified expert of her choosing to perform a fitness evaluation independent of…”
People v. Holt, 2014 IL 116989 (Ill. 2014).
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “See 725 ILCS 5/104-13(a) (West 2008). In October 2009, Dr.”
People v. Bombliss, 2025 IL App (4th) 240227-U (Ill. App. Ct. 2025).
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