ILCS » Chapter 725 · Act 5

725 ILCS 5/104-25

Discharge hearing

Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
    Sec. 104-25. Discharge hearing.
    (a) As provided for in paragraph (a) of Section 104-23 and subparagraph (1) of paragraph (b) of Section 104-23 a hearing to determine the sufficiency of the evidence shall be held. Such hearing shall be conducted by the court without a jury. The State and the defendant may introduce evidence relevant to the question of defendant's guilt of the crime charged.
    The court may admit hearsay or affidavit evidence on secondary matters such as testimony to establish the chain of possession of physical evidence, laboratory reports, authentication of transcripts taken by official reporters, court and business records, and public documents.
    (b) If the evidence does not prove the defendant guilty beyond a reasonable doubt, the court shall enter a judgment of acquittal; however nothing herein shall prevent the State from requesting the court to commit the defendant to the Department of Human Services under the provisions of the Mental Health and Developmental Disabilities Code.
    (c) If the defendant is found not guilty by reason of insanity, the court shall enter a judgment of acquittal and the proceedings after acquittal by reason of insanity under Section 5-2-4 of the Unified Code of Corrections shall apply.
    (d) If the discharge hearing does not result in an acquittal of the charge the defendant may be remanded for further treatment and the one year time limit set forth in Section 104-23 shall be extended as follows:
        (1) If the most serious charge upon which the State
    
sustained its burden of proof was a Class 1 or Class X felony, the treatment period may be extended up to a maximum treatment period of 2 years; if a Class 2, 3, or 4 felony, the treatment period may be extended up to a maximum of 15 months;
        (2) If the State sustained its burden of proof on a
    
charge of first degree murder, the treatment period may be extended up to a maximum treatment period of 5 years.
    (e) Transcripts of testimony taken at a discharge hearing may be admitted in evidence at a subsequent trial of the case, subject to the rules of evidence, if the witness who gave such testimony is legally unavailable at the time of the subsequent trial.
    (f) If the court fails to enter an order of acquittal the defendant may appeal from such judgment in the same manner provided for an appeal from a conviction in a criminal case.
    (g) At the expiration of an extended period of treatment ordered pursuant to this Section:
        (1) Upon a finding that the defendant is fit or can
    
be rendered fit consistent with Section 104-22, the court may proceed with trial.
        (2) If the defendant continues to be unfit to stand
    
trial, the court shall determine whether he or she is subject to involuntary admission under the Mental Health and Developmental Disabilities Code or constitutes a serious threat to the public safety. If so found, the defendant shall be remanded to the Department of Human Services for further treatment and shall be treated in the same manner as a civilly committed patient for all purposes, except that the original court having jurisdiction over the defendant shall be required to approve any conditional release or discharge of the defendant, for the period of commitment equal to the maximum sentence to which the defendant would have been subject had he or she been convicted in a criminal proceeding. During this period of commitment, the original court having jurisdiction over the defendant shall hold hearings under clause (i) of this paragraph (2). However, if the defendant is remanded to the Department of Human Services, the defendant shall be placed in a secure setting unless the court determines that there are compelling reasons why such placement is not necessary.
        If the defendant does not have a current treatment
    
plan, then within 3 days of admission under this subdivision (g)(2), a treatment plan shall be prepared for each defendant and entered into his or her record. The plan shall include (i) an assessment of the defendant's treatment needs, (ii) a description of the services recommended for treatment, (iii) the goals of each type of element of service, (iv) an anticipated timetable for the accomplishment of the goals, and (v) a designation of the qualified professional responsible for the implementation of the plan. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days.
        Every 90 days after the initial admission under this
    
subdivision (g)(2), the facility director shall file a typed treatment plan report with the original court having jurisdiction over the defendant. The report shall include an opinion as to whether the defendant is fit to stand trial and whether the defendant is currently subject to involuntary admission, in need of mental health services on an inpatient basis, or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the 5 items required in a treatment plan. A copy of the report shall be forwarded to the clerk of the court, the State's Attorney, and the defendant's attorney if the defendant is represented by counsel.
        The court on its own motion may order a hearing to
    
review the treatment plan. The defendant or the State's Attorney may request a treatment plan review every 90 days and the court shall review the current treatment plan to determine whether the plan complies with the requirements of this Section. The court may order an independent examination on its own initiative and shall order such an evaluation if either the recipient or the State's Attorney so requests and has demonstrated to the court that the plan cannot be effectively reviewed by the court without such an examination. Under no circumstances shall the court be required to order an independent examination pursuant to this Section more than once each year. The examination shall be conducted by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services.
        If, during the period within which the defendant is
    
confined in a secure setting, the court enters an order that requires the defendant to appear, the court shall timely transmit a copy of the order or writ to the director of the particular Department of Human Services facility where the defendant resides authorizing the transportation of the defendant to the court for the purpose of the hearing.
            (i) 180 days after a defendant is remanded to the
        
Department of Human Services, under paragraph (2), and every 180 days thereafter for so long as the defendant is confined under the order entered thereunder, the court shall set a hearing and shall direct that notice of the time and place of the hearing be served upon the defendant, the facility director, the State's Attorney, and the defendant's attorney. If requested by either the State or the defense or if the court determines that it is appropriate, an impartial examination of the defendant by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services shall be ordered, and the report considered at the time of the hearing. If the defendant is not currently represented by counsel the court shall appoint the public defender to represent the defendant at the hearing. The court shall make a finding as to whether the defendant is:
                (A) subject to involuntary admission; or
                (B) in need of mental health services in the
            
form of inpatient care; or
                (C) in need of mental health services but not
            
subject to involuntary admission nor inpatient care.
        The findings of the court shall be established by
        
clear and convincing evidence and the burden of proof and the burden of going forward with the evidence shall rest with the State's Attorney. Upon finding by the court, the court shall enter its findings and an appropriate order.
            (ii) The terms "subject to involuntary
        
admission", "in need of mental health services in the form of inpatient care" and "in need of mental health services but not subject to involuntary admission nor inpatient care" shall have the meanings ascribed to them in clause (d)(3) of Section 5-2-4 of the Unified Code of Corrections.
        (3) If the defendant is not committed pursuant to
    
this Section, he or she shall be released.
        (4) In no event may the treatment period be extended
    
to exceed the maximum sentence to which a defendant would have been subject had he or she been convicted in a criminal proceeding. For purposes of this Section, the maximum sentence shall be determined by Section 5-8-1
Notes of Decisions
Cited in 57 cases (22 in the last 5 years), 1994–2026 · leading case: People v. Lavold
Sort: Relevance Newest Treatment
People v. Lavold (1994) illappct · cites it 13× “Justice COUSINS, delivered the opinion of the court: Following a civil discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure (725 ILCS 5/104-25 (West 1992)), Lawrence Lavold (Lavold), an unfit defendant, was found not guilty of the charges of first…”
People v. Cardona (2013) ill · cites it 3× “Defendant had the statutory right to present evidence and call witnesses on his behalf (725 ILCS 5/104-25(a) (West 2008)), was protected at all times from conviction by the standard of proof beyond a reasonable doubt (725 ILCS 5/104-25(b) (West 2008)), and had the right to…”
People v. Olsson (2015) illappct · cites it 15× “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)).”
In re S.B. (2012) ill · cites it 6× “OPINION ¶1 At issue in this case is whether a juvenile who has been found “not not guilty” of aggravated criminal sexual abuse following a discharge hearing pursuant to section 104-25(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-25(a) (West 2008)) must register…”
People v. Olsson (2015) illappct · cites it 13× “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)). At the expiration of that extended treatment…”
People v. Olsson (2016) illappct · cites it 6× “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2014)), the court found defendant “not not guilty” of several of the charged offenses, including predatory 2016 IL App (2d) 150874 criminal sexual assault of a child (720 ILCS 5/12-14.”
BARICHELLO v. McDONALD (1996) ca7 · cites it 3× “At the conclusion of this hearing, the court found that the state had demonstrated beyond a reasonable doubt that Barichello had murdered Treff, and extended Barichello's treatment for five years, pursuant to 725 ILCS 5/104-25(d)(2). Upon completion of this term, Judge Morgan of…”
People v. Orengo (2012) illappct · cites it 4× “OPINION ¶1 Defendant, Carlos Orengo, appeals the circuit court’s determination that he is “not not guilty” on 31 counts of criminal sexual misconduct after a discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/104-25…”
People v. Harrison (2007) ill · cites it 2× “725 ILCS 5/104-25(a) (West 2002). If the court finds the defendant NGRI at the discharge hearing, it "shall enter a judgment of acquittal.”
In re D.L.H. (2015) ill · cites it 4× “725 ILCS 5/104-25(b) (West 2012). If the evidence is sufficient to establish the defendant’s guilt, no conviction results.”
People v. Cardona (2012) illappct · cites it 2× “725 ILCS 5/104-25 (West 2008). ¶ 19 The court conducted the discharge hearing nearly two years after the charged offense took place.”
People v. Mayo (2017) illappct · cites it 2× “725 ILCS 5/104-25(d) (West 2012). If, at the expiration of the treatment period, the defendant remains unfit, the court must determine whether the defendant is subject to involuntary commitment; if so, the commitment cannot exceed the maximum sentence to which the defendant…”
Show all 57 citing cases →
— 725 ILCS 5/104-25(a) — 15 cases
In re S.B. (2012) ill “OPINION ¶1 At issue in this case is whether a juvenile who has been found “not not guilty” of aggravated criminal sexual abuse following a discharge hearing pursuant to section 104-25(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-25(a) (West 2008)) must register…”
People v. Cardona (2013) ill “Defendant had the statutory right to present evidence and call witnesses on his behalf (725 ILCS 5/104-25(a) (West 2008)), was protected at all times from conviction by the standard of proof beyond a reasonable doubt (725 ILCS 5/104-25(b) (West 2008)), and had the right to…”
People v. Harrison (2007) ill “725 ILCS 5/104-25(a) (West 2002). If the court finds the defendant NGRI at the discharge hearing, it "shall enter a judgment of acquittal.”
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)).”
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)). At the expiration of that extended treatment…”
— 725 ILCS 5/104-25(b) — 10 cases
People v. Cardona (2013) ill “Defendant had the statutory right to present evidence and call witnesses on his behalf (725 ILCS 5/104-25(a) (West 2008)), was protected at all times from conviction by the standard of proof beyond a reasonable doubt (725 ILCS 5/104-25(b) (West 2008)), and had the right to…”
In re S.B. (2012) ill “OPINION ¶1 At issue in this case is whether a juvenile who has been found “not not guilty” of aggravated criminal sexual abuse following a discharge hearing pursuant to section 104-25(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-25(a) (West 2008)) must register…”
In re D.L.H. (2015) ill
In re D.L.H. (2015) ill “725 ILCS 5/104-25(b) (West 2012). If the evidence is sufficient to establish the defendant’s guilt, no conviction results.”
People v. S.B. (2011) illappct
— 725 ILCS 5/104-25(c) — 4 cases
People v. Harrison (2007) ill “725 ILCS 5/104-25(a) (West 2002). If the court finds the defendant NGRI at the discharge hearing, it "shall enter a judgment of acquittal.”
People v. Morrow (2024) illappct
People v. Ballard (2022) illappct
People v. Martin (2023) illappct
— 725 ILCS 5/104-25(d) — 16 cases
People v. Lavold (1994) illappct “Justice COUSINS, delivered the opinion of the court: Following a civil discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure (725 ILCS 5/104-25 (West 1992)), Lawrence Lavold (Lavold), an unfit defendant, was found not guilty of the charges of first…”
In re S.B. (2012) ill “OPINION ¶1 At issue in this case is whether a juvenile who has been found “not not guilty” of aggravated criminal sexual abuse following a discharge hearing pursuant to section 104-25(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-25(a) (West 2008)) must register…”
People v. Mayo (2017) illappct “725 ILCS 5/104-25(d) (West 2012). If, at the expiration of the treatment period, the defendant remains unfit, the court must determine whether the defendant is subject to involuntary commitment; if so, the commitment cannot exceed the maximum sentence to which the defendant…”
In re D.L.H. (2015) ill “725 ILCS 5/104-25(b) (West 2012). If the evidence is sufficient to establish the defendant’s guilt, no conviction results.”
People v. Mayo (2017) illappct
— 725 ILCS 5/104-25(d)(1) — 5 cases
People v. Ballard (2022) illappct
People v. Vazquez (2021) illappct
People v. Olsson (2025) illappct
People v. Martin (2023) illappct
People v. Manns (2007) illappct
— 725 ILCS 5/104-25(d)(2) — 6 cases
In re D.L.H. (2015) ill “725 ILCS 5/104-25(b) (West 2012). If the evidence is sufficient to establish the defendant’s guilt, no conviction results.”
BARICHELLO v. McDONALD (1996) ca7 “At the conclusion of this hearing, the court found that the state had demonstrated beyond a reasonable doubt that Barichello had murdered Treff, and extended Barichello's treatment for five years, pursuant to 725 ILCS 5/104-25(d)(2). Upon completion of this term, Judge Morgan of…”
Barichello v. McDonald (1996) ca7
People v. Sedlacek (2013) illappct
People v. Taylor (2013) illappct
— 725 ILCS 5/104-25(e) — 1 case
People v. Orengo (2012) illappct “OPINION ¶1 Defendant, Carlos Orengo, appeals the circuit court’s determination that he is “not not guilty” on 31 counts of criminal sexual misconduct after a discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/104-25…”
— 725 ILCS 5/104-25(f) — 2 cases
People v. Cardona (2013) ill “Defendant had the statutory right to present evidence and call witnesses on his behalf (725 ILCS 5/104-25(a) (West 2008)), was protected at all times from conviction by the standard of proof beyond a reasonable doubt (725 ILCS 5/104-25(b) (West 2008)), and had the right to…”
People v. Orengo (2012) illappct “OPINION ¶1 Defendant, Carlos Orengo, appeals the circuit court’s determination that he is “not not guilty” on 31 counts of criminal sexual misconduct after a discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/104-25…”
— 725 ILCS 5/104-25(g) — 5 cases
People v. Lavold (1994) illappct “Justice COUSINS, delivered the opinion of the court: Following a civil discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure (725 ILCS 5/104-25 (West 1992)), Lawrence Lavold (Lavold), an unfit defendant, was found not guilty of the charges of first…”
People v. Sedlacek (2013) illappct
People v. J.F. (2024) illappct
People v. Taylor (2013) illappct
People v. Broadway (2025) illappct
— 725 ILCS 5/104-25(g)(2) — 21 cases
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)).”
People v. Lavold (1994) illappct “Justice COUSINS, delivered the opinion of the court: Following a civil discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure (725 ILCS 5/104-25 (West 1992)), Lawrence Lavold (Lavold), an unfit defendant, was found not guilty of the charges of first…”
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)). At the expiration of that extended treatment…”
BARICHELLO v. McDONALD (1996) ca7 “At the conclusion of this hearing, the court found that the state had demonstrated beyond a reasonable doubt that Barichello had murdered Treff, and extended Barichello's treatment for five years, pursuant to 725 ILCS 5/104-25(d)(2). Upon completion of this term, Judge Morgan of…”
In re S.B. (2012) ill “OPINION ¶1 At issue in this case is whether a juvenile who has been found “not not guilty” of aggravated criminal sexual abuse following a discharge hearing pursuant to section 104-25(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-25(a) (West 2008)) must register…”
— 725 ILCS 5/104-25(g)(2)(i) — 8 cases
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)).”
People v. Olsson (2016) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2014)), the court found defendant “not not guilty” of several of the charged offenses, including predatory 2016 IL App (2d) 150874 criminal sexual assault of a child (720 ILCS 5/12-14.”
People v. Olsson (2014) illappct
People v. Olsson (2012) illappct
People v. Olsson (2014) illappct
— 725 ILCS 5/104-25(g)(2)(ii) — 1 case
People v. Zerbst (2024) illappct
— 725 ILCS 5/104-25(g)(3) — 3 cases
People v. Lavold (1994) illappct “Justice COUSINS, delivered the opinion of the court: Following a civil discharge hearing pursuant to section 104-25 of the Code of Criminal Procedure (725 ILCS 5/104-25 (West 1992)), Lawrence Lavold (Lavold), an unfit defendant, was found not guilty of the charges of first…”
People v. J.F. (2024) illappct
People v. Ballard (2022) illappct
— 725 ILCS 5/104-25(g)(4) — 5 cases
People v. Olsson (2015) illappct “Following a discharge hearing (see 725 ILCS 5/104-25(a) (West 2012)), the court found defendant “not not guilty” of several of the charged offenses and ordered an extended period of treatment (see 725 ILCS 5/104-25(d) (West 2012)).”
People v. Martin (2023) illappct
People v. Martin (2023) illappct
People v. Walkine (2022) illappct
People v. Lacchei (2026) illappct
— 725 ILCS 5/104-25(g)(ii) — 1 case
People v. Cook-Williams (2021) illappct
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.