Ill. Pattern Jury Instr. (Criminal) 29.00

INTRODUCTION

The instructions in this chapter are designed for use in proceedings determining whether

criminal defendants are fit to stand trial.

A fitness hearing is not considered part of a trial on criminal charges against a defendant.

Instead, a fitness hearing is a preliminary civil proceeding, separately conducted to determine an

accused’s competency to stand trial. People v. McCullum, 66 Ill. 2d 306, 312 (1977). Even though

the case law indicates that a fitness hearing is a civil proceeding and not criminal one (People v.

Rosochacki, 41 Ill. 2d 483, 489-90 (1969); People v. Williams, 205 Ill. App. 3d 715, 721 (1990)), the

issue of fitness only arises in a criminal case. As a result, the practice in the state is to draw upon the

criminal Illinois Pattern Jury Instructions for fitness jury trials.

The issue of the defendant's fitness may be determined in the first instance by the court or

by a jury. 725 ILCS 5/104-12. If it finds that the defendant is unfit, the court or the jury shall

determine whether there is substantial probability that the defendant, if provided with a course of

treatment, will attain fitness within a given time period. 725 ILCS 5/104-16(d). When the issue of

the defendant’s fitness is raised after trial has begun or after conviction but before sentencing, or

when the issue is to be redetermined, the issue shall be determined by the court. 725 ILCS 5/104-

12.

The right to a jury trial on the issue of fitness is a statutory one and not a constitutional right.

People v. Brown, 43 Ill. 2d 79, 82 (1969); 725 ILCS 5/104-12. 725 ILCS 5/104-12 instructs “[t]he

defense or the State may demand a jury or the court on its own motion may order a jury.” 725 ILCS

5/104-12.

Use the instructions from this chapter for fitness jury trials. Other than as noted below, it

should not ordinarily be necessary to use other instructions from other chapters.