Legal Question in Criminal Law in Illinois
Fitness Determination
I am a case manager for a woman who will be undergoing a fitness hearing in order to determine fitness for trial. At this time, she is stable, and making improvements in her status, with counseling, proper medication management, and psychosocial rehabilitation. She has a learning disability that has not been specifically identified, but she was in special education all through school. I know that if she were deternmined unfit, she would be remanded into custody, with a stop in jail until DHS took her into custody at MacFarland Zone Center. If she were to be placed in custody of any kind, this would be detrimental to her well being, and what progress we are making with her, albeit slow, would be lost. She lives on her own, has children, but gets alot of support from her family. She has an extensive history of being sexually abused and raped for most of her adult life, and until a few years ago was not receiving treatment for her mental illness. Her charges are Obstruction and Destruction of Evidence, which are directly linked to a DUI stop that involved her sister. They were stopped, and this woman told the police she was the driver, when it was in fact her sister. Is there anything I can do to keep her from being remanded?
1 Answer from Attorneys
Re: Fitness Determination
I have a case similar to the one you describe, and the judge was persuaded to allow my client to be evaluated while not in custody, and to be treated locally on an outpatient basis. Whether someone remains in custody pending fitness is a judicial determination. She should have a separate evaluation regarding her living abilities and whether she presents a danger to the community. You should speak with her attorney to determine if the judge might be persuaded to follow such a course of action. Good luck.
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