(a) When a defendant intends to raise lack of criminal responsibility as an affirmative defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(c) When the court or a party in a criminal proceeding has reason to believe that a defendant is not fit to proceed, the court or a party shall raise the question of the defendant's fitness to proceed in the following manner:(1) On its own motion, the court shall suspend the proceedings and order an examination of the defendant pursuant to this subchapter; or(2) (A) By written motion of the prosecutor or defense counsel stating that the request is made in good faith and not for the purpose of delay and containing the facts and observations in support of the request.(B) If the motion is denied, defense counsel may request an ex parte or in camera filing and hearing if an ex parte or in camera filing and hearing are necessary because the motion is based in whole or in part on information protected by the attorney-client privilege.
(1) On its own motion, the court shall suspend the proceedings and order an examination of the defendant pursuant to this subchapter; or
(2) (A) By written motion of the prosecutor or defense counsel stating that the request is made in good faith and not for the purpose of delay and containing the facts and observations in support of the request.(B) If the motion is denied, defense counsel may request an ex parte or in camera filing and hearing if an ex parte or in camera filing and hearing are necessary because the motion is based in whole or in part on information protected by the attorney-client privilege.
(A) By written motion of the prosecutor or defense counsel stating that the request is made in good faith and not for the purpose of delay and containing the facts and observations in support of the request.
(B) If the motion is denied, defense counsel may request an ex parte or in camera filing and hearing if an ex parte or in camera filing and hearing are necessary because the motion is based in whole or in part on information protected by the attorney-client privilege.
(d) For good cause shown, a request for an evaluation may be made by oral motion in court if the request:(1) Is made in good faith and not for the purpose of delay; and(2) Contains sufficient facts and observations in support of the request for the court to consider the request.
(1) Is made in good faith and not for the purpose of delay; and
(2) Contains sufficient facts and observations in support of the request for the court to consider the request.
(e) When the defendant intends to raise the lack of criminal responsibility as an affirmative defense, the defendant shall file a notice of intent and the circuit court shall suspend all further proceedings.
(f) Upon filing of an order for an examination of criminal responsibility or fitness to proceed with a circuit clerk:(1) The moving party shall immediately submit a copy of the order to the Department of Human Services;(2) The prosecutor shall submit a copy of the defendant's case file to the department;(3) The attorney for the defendant shall submit to the department either:(A) A release of protected health information, signed by the defendant, with a list of all known previous healthcare providers; or(B) If the defendant cannot provide consent, a court order for the production of records; and(4) The attorney for the defendant shall make all reasonable efforts to provide any medical, psychiatric, or treatment records that may be relevant to the examination to the department.
(1) The moving party shall immediately submit a copy of the order to the Department of Human Services;
(2) The prosecutor shall submit a copy of the defendant's case file to the department;
(3) The attorney for the defendant shall submit to the department either:(A) A release of protected health information, signed by the defendant, with a list of all known previous healthcare providers; or(B) If the defendant cannot provide consent, a court order for the production of records; and
(A) A release of protected health information, signed by the defendant, with a list of all known previous healthcare providers; or
(B) If the defendant cannot provide consent, a court order for the production of records; and
(4) The attorney for the defendant shall make all reasonable efforts to provide any medical, psychiatric, or treatment records that may be relevant to the examination to the department.