How long is a fitness assessment for?

The length of a fitness assessment mostly depends on whether or not the accused agrees with the order.

If the accused agrees with the order (either personally or though his/her lawyer), then the order can be for up to 30 days, not including holidays and the time needed to transport them to and from the place where the assessment happens.

If the accused does not agree with the order (i.e., he or she doesn’t want to be assessed), then the order can only be for up to five days, not including holidays and the time needed for transport. However, a judge can extend a fitness assessment order (either a five day or a 30 day order) for up to 30 more days in order to finish an assessment.

The total time of any assessment order, including any extension, cannot be for more than 60 days (excluding holiday and transport time). In rare cases, a judge can make the original fitness assessment order (i.e. not an extension) for 60 days. On the expiration date of a fitness assessment order, the accused must be brought to court for a fitness hearing. However, if the assessment is finished before the expiration date of the order, the accused will usually be brought to court before the order expires.