§ 5-2-309 - Determination of fitness to proceed.
5-2-309. Determination of fitness to proceed.
(a) If the defendant's fitness to proceed becomes an issue, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to 5-2-305, the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.