NCJ Number
169762
Journal
Illinois Bar Journal Volume: 85 Issue: 5 Dated: (May 1997) Pages: 208-211
Date Published
1997
Length
4 pages
Annotation
This article examines the conflicting approaches taken by the Illinois judiciary and General Assembly to the right to fitness hearings for criminal defendants undergoing psychotropic drug therapy.
Abstract
Illinois statutory and case law requires the trial court to hold a mental competency hearing if there is a bona fide doubt concerning the defendant's mental fitness to understand the nature and purpose of the proceedings and to assist in his or her defense. The Illinois General Assembly has amended a section of this law, and the changes have restricted the statutory right of medicated defendants to a fitness hearing. Specifically, the changes: (1) ignore the side effects suffered by persons undergoing psychotropic drug therapy; and (2) put all defendants under the same standard. Objective analysis of the fitness of defendants receiving psychotropic drugs was replaced by analysis relying upon a judge's subjective personal observation. The question remains whether the legislature has established adequate procedures to protect psychotropically medicated defendants' rights to not be tried while unfit. The Illinois Supreme and Appellate Courts will ultimately determine whether the General Assembly's approach is correct. Notes