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Illinois Compiled Statutes

725 ILCS 5/104-23 (2026)

Unfit defendants

✓ current as of May 2026
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(725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
    Sec. 104-23. Unfit defendants. Cases involving an unfit defendant who demands a discharge hearing or a defendant who cannot become fit to stand trial and for whom no special provisions or assistance can compensate for his disability and render him fit shall proceed in the following manner:
    (a) Upon a determination that there is not a substantial probability that the defendant will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from the original finding of unfitness, the court shall hold a discharge hearing within 60 days, unless good cause is shown for the delay.
    (b) If at any time the court determines that there is not a substantial probability that the defendant will become fit to stand trial or to plead within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness, or if at the end of the time period set in subsection (e) of Section 104-17 of this Code from that date the court finds the defendant still unfit and for whom no special provisions or assistance can compensate for his disabilities and render him fit, the State shall request the court:
        (1) To set the matter for hearing pursuant to Section
    
104-25 unless a hearing has already been held pursuant to paragraph (a) of this Section; or
        (2) To release the defendant from custody and to
    
dismiss with prejudice the charges against him; or
        (3) To remand the defendant to the custody of the
    
Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code, as now or hereafter amended. The Department of Human Services shall have 7 days from the date it receives the defendant to prepare and file the necessary petition and certificates that are required for commitment under the Mental Health and Developmental Disabilities Code. If the defendant is committed to the Department of Human Services pursuant to such hearing, the court having jurisdiction over the criminal matter shall dismiss the charges against the defendant, with the leave to reinstate. In such cases the Department of Human Services shall notify the court, the State's attorney and the defense attorney upon the discharge of the defendant. A former defendant so committed shall be treated in the same manner as any other civilly committed patient for all purposes including admission, selection of the place of treatment and the treatment modalities, entitlement to rights and privileges, transfer, and discharge. A defendant who is not committed shall be remanded to the court having jurisdiction of the criminal matter for disposition pursuant to subparagraph (1) or (2) of paragraph (b) of this Section.
    (c) If the defendant is restored to fitness and the original charges against him are reinstated, the speedy trial provisions of Section 103-5 shall commence to run.
(Source: P.A. 102-1118, eff. 1-18-23.)

    
Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 1994–2025 · leading case: People v. Haynes, 673 N.E.2d 318 (Ill. 1996).
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People v. Haynes, 673 N.E.2d 318 (Ill. 1996). “See 725 ILCS 5/104-23(a), 104-27(c) (West 1992).”
People v. Corbett, 2022 IL App (2d) 200025 (Ill. App. Ct. 2022). · cites it 2× “725 ILCS 5/104-23(b) (West 2018). - 19 - 2022 IL App (2d) 200025 ¶ 53 Section 104-17, in turn, provides: “Within 30 days of entry of an order to undergo treatment, the person supervising the defendant’s treatment shall file with the court, the State, and the defense a report…”
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). · cites it 2× “If the court finds that the defendant remains unfit and is not making progress toward attaining fitness within one year of the original finding of unfitness, the court must proceed in accordance with section 104-23 of the Code (725 ILCS 5/104-23 (West 2010)). ¶4 Section 104-23…”
People v. J.F., 2024 IL App (2d) 230259 (Ill. App. Ct. 2024). · cites it 6× “Before the amendment, subsection (a) provided: “Upon a determination that there is not a substantial probability that the defendant will attain fitness within the [required time period] from the original finding of unfitness, a defendant or the attorney for the defendant may…”
People v. Kadow, 2021 IL App (4th) 190103 (Ill. App. Ct. 2021). “See 725 ILCS 5/104-23 (West 2016) (authorizing a discharge hearing where an unfit defendant cannot become fit to stand trial because there is a substantial probability that he will not attain fitness within the allotted time period).”
People v. Lavold, 635 N.E.2d 919 (Ill. App. Ct. 1994). “On July 19, 1983, counsel for Lavold filed a motion for a discharge hearing pursuant to section 104-23(a) of the Code of Criminal Procedure (725 ILCS 5/104-23(a) (West 1992)). On September 6, 1983, Lavold filed a letter with the court stating that he had fired defense counsel…”
People v. Mayo, 2017 IL App (2d) 150390 (Ill. App. Ct. 2017). “60(d) (West 2012)), and one count of battery for knowingly making physical contact of an insulting or provoking nature by grabbing the victim (720 ILCS 2017 IL App (2d) 150390 5/12-3(a)(2) (West 2012)).”
In re D.L.H., 2015 IL 117341 (Ill. 2015). “See 725 ILCS 5/104-23(b)(3) (West 2012). Streamwood found no evidence that respondent was a danger to himself or others, and concluded that respondent did not meet the criteria for civil commitment.”
In re D.L.H., 2015 IL 117341 (Ill. 2015). “See 725 ILCS 5/104-23(b)(3) (West 2012). Streamwood found no evidence that respondent was a danger to himself or others, and concluded that respondent did not meet the criteria for civil commitment.”
People v. Mayo, 2017 IL App (2d) 150390 (Ill. App. Ct. 2017). “60(d) (West 2012)), and one count of battery for knowingly making physical contact of an insulting or provoking nature by grabbing the victim (720 ILCS 5/12-3(a)(2) (West 2012)).”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “725 ILCS 5/104-23(a) (West 2008). Moreover, pursuant to section 104-23, “any time” the trial court finds that there is not a substantial probability that the defendant will attain fitness within one year from the date of the original finding of unfitness, “or if at the end of…”
People v. Kadow, 2021 IL App (4th) 190103 (Ill. App. Ct. 2021). “See 725 ILCS 5/104-23 (West 2016) (authorizing a discharge hearing where an unfit defendant cannot become fit to stand trial because there is a substantial probability that he will not attain fitness within the allotted time period).”
Show all 18 citing cases →
— 725 ILCS 5/104-23(a) — 6 cases
People v. Haynes, 673 N.E.2d 318 (Ill. 1996). “See 725 ILCS 5/104-23(a), 104-27(c) (West 1992).”
People v. J.F., 2024 IL App (2d) 230259 (Ill. App. Ct. 2024). “Before the amendment, subsection (a) provided: “Upon a determination that there is not a substantial probability that the defendant will attain fitness within the [required time period] from the original finding of unfitness, a defendant or the attorney for the defendant may…”
People v. Lavold, 635 N.E.2d 919 (Ill. App. Ct. 1994). “On July 19, 1983, counsel for Lavold filed a motion for a discharge hearing pursuant to section 104-23(a) of the Code of Criminal Procedure (725 ILCS 5/104-23(a) (West 1992)). On September 6, 1983, Lavold filed a letter with the court stating that he had fired defense counsel…”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “725 ILCS 5/104-23(a) (West 2008). Moreover, pursuant to section 104-23, “any time” the trial court finds that there is not a substantial probability that the defendant will attain fitness within one year from the date of the original finding of unfitness, “or if at the end of…”
People v. Juan M., 2025 IL App (2d) 240308-U (Ill. App. Ct. 2025).
— 725 ILCS 5/104-23(b) — 1 case
People v. Corbett, 2022 IL App (2d) 200025 (Ill. App. Ct. 2022). “725 ILCS 5/104-23(b) (West 2018). - 19 - 2022 IL App (2d) 200025 ¶ 53 Section 104-17, in turn, provides: “Within 30 days of entry of an order to undergo treatment, the person supervising the defendant’s treatment shall file with the court, the State, and the defense a report…”
— 725 ILCS 5/104-23(b)(3) — 5 cases
People v. Olsson, 2012 IL App (2d) 110856 (Ill. App. Ct. 2012). “If the court finds that the defendant remains unfit and is not making progress toward attaining fitness within one year of the original finding of unfitness, the court must proceed in accordance with section 104-23 of the Code (725 ILCS 5/104-23 (West 2010)). ¶4 Section 104-23…”
In re D.L.H., 2015 IL 117341 (Ill. 2015). “See 725 ILCS 5/104-23(b)(3) (West 2012). Streamwood found no evidence that respondent was a danger to himself or others, and concluded that respondent did not meet the criteria for civil commitment.”
In re D.L.H., 2015 IL 117341 (Ill. 2015). “See 725 ILCS 5/104-23(b)(3) (West 2012). Streamwood found no evidence that respondent was a danger to himself or others, and concluded that respondent did not meet the criteria for civil commitment.”
In re D.L.H., 2016 IL App (5th) 130341-B (Ill. App. Ct. 2016).
In re D.L.H., 2015 IL 117341 (Ill. 2015).
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