Illinois Compiled Statutes
725 ILCS 5/104-20 (2026)
Ninety-day hearings; continuing treatment
✓ current as of May 2026
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(725 ILCS 5/104-20)
(from Ch. 38, par. 104-20)
Sec. 104-20. Ninety-day hearings; continuing treatment.) (a) Upon entry
or continuation of any order to undergo treatment, the court shall set a
date for hearing to reexamine the issue of the defendant's fitness not more
than 90 days thereafter. In addition, whenever the court receives a report
from the supervisor of the defendant's treatment pursuant to subparagraph
(3) of paragraph (a) of Section 104-18, the court shall forthwith
set the matter for a first hearing within 14 days unless good cause is demonstrated why the hearing cannot be held. On the date set or upon conclusion of the matter
then pending before it, the court, sitting without a jury, shall conduct
a hearing, unless waived by the defense, and shall determine:
(1) Whether the defendant is fit to stand trial or to | plead; and if not, |
(2) Whether the defendant is making progress under | treatment toward attainment of fitness within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness. |
(b) If the court finds the defendant to be fit pursuant to this Section,
the court shall set the matter for trial; provided that if the defendant
is in need of continued care or treatment and the supervisor of the defendant's
treatment agrees to continue to provide it, the court may enter any order
it deems appropriate for the continued care or treatment of the defendant
by the facility or program pending the conclusion of the criminal proceedings.
(c) If the court finds that the defendant is still unfit but that he is
making progress toward attaining fitness, the court may continue or modify
its original treatment order entered pursuant to Section 104-17.
(d) If the court finds that the defendant is still unfit and that he is
not making progress toward attaining fitness such that there is not a
substantial probability that he will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from
the date of the original finding of unfitness, the court shall proceed pursuant
to Section 104-23. However, if the defendant is in need of continued care
and treatment and the supervisor of the defendant's treatment agrees to
continue to provide it, the court may enter any order it deems appropriate
for the continued care or treatment by the facility or program pending the
conclusion of the criminal proceedings.
(e) Whenever the court receives a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of Section 104-18 of this Code, the court shall immediately enter an order directing the sheriff to return the defendant to the county jail and set the matter for trial. At any time the issue of the defendant's fitness can be raised again under Section 104-11 of this Code. If the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment. (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
Notes of Decisions
Cited in 14
cases (7 in the last 5 years), 2003–2026 · leading case: People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012).
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “” 725 ILCS 5/104-20 (West Supp. 2011). ¶ 20 We conclude that this provision ceases to apply during the period of commitment under section 104-25(g)(2).”
People v. Mutesha, 2012 IL App (2d) 110059 (Ill. App. Ct. 2012). “at 210 ; see also 725 ILCS 5/104-20(a) (West 2010) (court must hold a fitness hearing within 21 days of a report that defendant has regained fitness).”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “” ¶9 On December 9, 2010, the State filed a request for a status hearing, asking that the trial court set the matter for a “first hearing” pursuant to section 104-20(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-20(a) (West 2008)). On December 28, 2010, DHS…”
People v. Lewis, 2024 IL App (2d) 230045 (Ill. App. Ct. 2024). “On its preprinted written order, the court, instead of checking the box that defendant’s presence was “waived pursuant to 725 ILCS 5/104-20(a) and 725 ILCS 5/104-16(c),” handwrote “Defendant refused to attend court.”
People v. Miraglia, 2013 IL App (1st) 120286 (Ill. App. Ct. 2014). “or the defense may demand or the trial court may order a jury determination of the question of a defendant’s fitness to stand trial unless one of three situations occur: (1) the issue is raised after the trial has begun; (2) the issue is raised after conviction but before…”
In re Evelyn S. (Ill. App. Ct. 2003). “She contended that the Cook County court's continuing jurisdiction to determine her fitness to stand trial (see 725 ILCS 5/104-20 (West 2000)) precluded the Madison County court's jurisdiction under the Mental Health Code.”
In re D.F., 2024 IL App (1st) 241566 (Ill. App. Ct. 2024). “1-24-1566 pretrial detention is necessary); 725 ILCS 5/104-20(a) (West 2022) (requiring a court to reexamine a criminal defendant’s fitness to stand trial within 90 days following the entry or continuation of an order to undergo treatment).”
People v. Miraglia, 2013 IL App (1st) 120286 (Ill. App. Ct. 2013). “It is clear that the third situation was not involved here as this case did not involve a second determination of the defendant's fitness under either section 104-20 or section 104-27 of the Code.”
People v. Jackson, 2023 IL App (2d) 210765-U (Ill. App. Ct. 2023). “-4- 2023 IL App (2d) 210765-U pursuant to section 104-20(e) of the Code (725 ILCS 5/104-20 (West 2018)), ordered his immediate transport to the county jail.”
People v. Gray, 2023 IL App (2d) 220357-U (Ill. App. Ct. 2023). “The parties agree that the first element is satisfied because the trial court must reexamine the issue of fitness within 90 days (725 ILCS 5/104-20(a) (West 2020)), which is shorter than the time required for appellate review.”
People v. Smith, 2021 IL App (4th) 190045-U (Ill. App. Ct. 2021). “See 725 ILCS 5/104-20 (West 2016). ¶ 49 Taking the factual problem second, we note the trial court entered lengthy docket entries showing it considered evidence other than the parties’ stipulations each time it restored defendant to fitness.”
People v. Locklear, 2026 IL App (5th) 240117-U (Ill. App. Ct. 2026). “725 ILCS 5/104-20(a) (West 2022). We reverse a court’s fitness determination only if it is against the manifest weight of the evidence.”
— 725 ILCS 5/104-20(a) — 11 cases
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “” 725 ILCS 5/104-20 (West Supp. 2011). ¶ 20 We conclude that this provision ceases to apply during the period of commitment under section 104-25(g)(2).”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “” ¶9 On December 9, 2010, the State filed a request for a status hearing, asking that the trial court set the matter for a “first hearing” pursuant to section 104-20(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-20(a) (West 2008)). On December 28, 2010, DHS…”
People v. Mutesha, 2012 IL App (2d) 110059 (Ill. App. Ct. 2012). “at 210 ; see also 725 ILCS 5/104-20(a) (West 2010) (court must hold a fitness hearing within 21 days of a report that defendant has regained fitness).”
People v. Lewis, 2024 IL App (2d) 230045 (Ill. App. Ct. 2024). “On its preprinted written order, the court, instead of checking the box that defendant’s presence was “waived pursuant to 725 ILCS 5/104-20(a) and 725 ILCS 5/104-16(c),” handwrote “Defendant refused to attend court.”
In re D.F., 2024 IL App (1st) 241566 (Ill. App. Ct. 2024). “1-24-1566 pretrial detention is necessary); 725 ILCS 5/104-20(a) (West 2022) (requiring a court to reexamine a criminal defendant’s fitness to stand trial within 90 days following the entry or continuation of an order to undergo treatment).”
— 725 ILCS 5/104-20(b) — 2 cases
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “” 725 ILCS 5/104-20 (West Supp. 2011). ¶ 20 We conclude that this provision ceases to apply during the period of commitment under section 104-25(g)(2).”
People v. Mutesha, 2012 IL App (2d) 110059 (Ill. App. Ct. 2012). “at 210 ; see also 725 ILCS 5/104-20(a) (West 2010) (court must hold a fitness hearing within 21 days of a report that defendant has regained fitness).”
— 725 ILCS 5/104-20(c) — 1 case
In re Evelyn S. (Ill. App. Ct. 2003). “She contended that the Cook County court's continuing jurisdiction to determine her fitness to stand trial (see 725 ILCS 5/104-20 (West 2000)) precluded the Madison County court's jurisdiction under the Mental Health Code.”
— 725 ILCS 5/104-20(d) — 2 cases
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “” 725 ILCS 5/104-20 (West Supp. 2011). ¶ 20 We conclude that this provision ceases to apply during the period of commitment under section 104-25(g)(2).”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “” ¶9 On December 9, 2010, the State filed a request for a status hearing, asking that the trial court set the matter for a “first hearing” pursuant to section 104-20(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-20(a) (West 2008)). On December 28, 2010, DHS…”
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