Illinois courts and justice partners continue to advance reforms to the state’s Fitness to Stand Trial system, with recent convenings and new legislation marking important progress. This effort is prioritized in the Illinois Courts’ Mental Health Action Plan in Recommendation 6.1:
“The Task Force recommends State Court develop a partnership with the DHS DMH Forensic Services Director to further develop alternative competency to stand trial strategies to eliminate practices of warehousing individuals in jails while awaiting competency restoration.”
Court-led convening updates
Following the September 2024 Rethinking Fitness to Stand Trial, Fitness Restoration, and Mental Health Systems Convening, the Special Supreme Court Advisory Committee for Justice and Mental Health Planning (JMHP) outlined several initiatives:
- Judicial education – The Illinois Judicial College, Committee on Judicial Education and JMHP sought to host a “Navigating Fitness Proceedings” training series open to the judiciary. The asynchronous 3-part series was delivered in summer of 2025 and is available for viewing on the Judicial College Learning Management System at https://www.pathlms.com/aoic/courses?search=fitness.
Special thanks to Hon. Paul Novak (19th Judicial Circuit), Hon. John Coady (ret.), Dr. Sharon Coleman (Illinois Department of Human Services), Dr. Casey Sharpe, the Chicago School), and Scott Block (AOIC) for serving as faculty.
- Data collection – The AOIC and identified circuit clerks plan to pilot a Fitness to Stand Trial Data Report in 2026. The Report aims to capture data on the number of fitness to stand trial evaluations ordered, evaluation hearing results, and restoration placements.
- Model jury instructions and orders
– The JMHP Fitness to Stand Trial Subcommittee is developing sample jury instructions and model orders for fitness proceedings.
- Forensic bed expansion
– The Illinois Department of Human Services (IDHS) has increased forensic bed space from 704 beds to 846 beds, with future plans to bring its forensic capacity to 970 beds by the end of 2026.
- Legislative action – Public Act 104-0318 creates the Fitness to Stand Trial Task Force (Public Act 104-0318). This 15-member body will conduct a comprehensive review of Article 104 of the Code of Criminal Procedure, including determinations of fitness, restoration processes, defendants’ rights, and IDHS obligations. The Task Force includes representatives from all three branches of government, statewide justice associations, mental health organizations, and forensic experts. The Illinois Supreme Court appointed Hon. Daniel Emge, Chief Judge (24th Judicial Circuit), member of the JMHP Committee and Fitness Subcommittee, and Hon. Paul Novak, Associate Judge (19th Judicial Circuit), guest member of the JMHP Fitness Subcommittee and Judicial College faculty to represent the Illinois Courts. The Task Force will submit its findings and recommendations to the Illinois Supreme Court and General Assembly by November 1, 2026.
Looking ahead
Court professionals across Illinois play a vital role in shaping a more effective system for addressing fitness issues. A local approach to collaboration, case management practices, data sharing, and diversion are encouraged while statewide reforms continue to take shape.