There is a newer version of the Illinois Compiled Statutes
2005 Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963. Title I - General Provisions
(725 ILCS 5/100‑1) (from Ch. 38, par. 100‑1)
Sec. 100‑1.
Short
title.
This Act shall be known and may be cited as the "Code of Criminal
Procedure of 1963".
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/100‑2) (from Ch. 38, par. 100‑2)
Sec. 100‑2.
Scope.
These provisions shall govern the procedure in the courts of Illinois in
all criminal proceedings except where provision for a different procedure
is specifically provided by law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/101‑1) (from Ch. 38, par. 101‑1)
Sec. 101‑1.
General purposes.
The provisions of this Code shall be construed in accordance with the
general purposes hereof, to:
(a) Secure simplicity in procedure;
(b) Ensure fairness of administration including the elimination of
unjustifiable delay;
(c) Ensure the effective apprehension and trial of persons accused of
crime;
(d) Provide for the just determination of every criminal proceeding by a
fair and impartial trial and an adequate review; and
(e) Preserve the public welfare and secure the fundamental human rights
of individuals.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑1) (from Ch. 38, par. 102‑1)
Sec. 102‑1.
Meanings of words and phrases.
For the purposes of this Code, the words and phrases described in this
Article have the meanings designated in this Article, except when a
particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑2) (from Ch. 38, par. 102‑2)
Sec. 102‑2.
Reference to criminal code for words and phrases not described.
A word or phrase not described in this Code but which is described in
Article 2 of the "Criminal Code of 1961", approved July 28, 1961, as
heretofore and hereafter amended, shall have the meaning therein
described, except when a particular context in this Code clearly requires a
different meaning.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑3) (from Ch. 38, par. 102‑3)
Sec. 102‑3.
Singular term includes plural‑Gender.
A singular term shall include the plural and the masculine gender shall
include the feminine except when a particular context clearly requires a
different meaning.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑4) (from Ch. 38, par. 102‑4)
Sec. 102‑4.
"Arraignment".
"Arraignment" means the formal act of calling the defendant into open
court, informing him of the offense with which he is charged, and asking
him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑5) (from Ch. 38, par. 102‑5)
Sec. 102‑5.
"Arrest".
"Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑6) (from Ch. 38, par. 102‑6)
Sec. 102‑6.
"Bail".
"Bail" means the amount of money set by the court which is required to
be obligated and secured as provided by law for the release of a person in
custody in order that he will appear before the court in which his
appearance may be required and that he will comply with such conditions as
set forth in the bail bond.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑7) (from Ch. 38, par. 102‑7)
Sec. 102‑7.
"Bail
bond".
"Bail bond" means an undertaking secured by bail entered into by a
person in custody by which he binds himself to comply with such conditions
as are set forth therein.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑8) (from Ch. 38, par. 102‑8)
Sec. 102‑8.
"Charge".
"Charge" means a written statement presented to a court accusing a
person of the commission of an offense and includes complaint, information
and indictment.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑9) (from Ch. 38, par. 102‑9)
Sec. 102‑9.
"Complaint".
"Complaint" means a verified written statement other than an information
or an indictment, presented to a court, which charges the commission of an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑10) (from Ch. 38, par. 102‑10)
Sec. 102‑10.
"Court".
"Court" means a place where justice is judicially administered and
includes a judge thereof.
(Source: P. A. 77‑1286.)
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(725 ILCS 5/102‑11) (from Ch. 38, par. 102‑11)
Sec. 102‑11.
"Indictment".
"Indictment" means a written statement, presented by the Grand Jury to a
court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑12) (from Ch. 38, par. 102‑12)
Sec. 102‑12.
"Information".
"Information" means a verified written statement signed by a State's
Attorney, and presented to a court, which charges the commission of an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑13) (from Ch. 38, par. 102‑13)
Sec. 102‑13.
"Judge".
"Judge" means a person who is invested by law with the power to perform
judicial functions and includes a court when a particular context so
requires.
(Source: P. A. 77‑1286.)
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(725 ILCS 5/102‑14) (from Ch. 38, par. 102‑14)
Sec. 102‑14.
"Judgment".
"Judgment" means an adjudication by the court that the defendant is
guilty or not guilty and if the adjudication is that the defendant is
guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑15) (from Ch. 38, par. 102‑15)
Sec. 102‑15.
"Offense".
"Offense" means a violation of any penal statute of this State.
(Source: P.A. 76‑1796.)
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(725 ILCS 5/102‑16) (from Ch. 38, par. 102‑16)
Sec. 102‑16.
"Parole".
"Parole" means the conditional and revocable release of a committed
person under the supervision of a paroling authority.
(Source: P. A. 77‑2476.)
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(725 ILCS 5/102‑17) (from Ch. 38, par. 102‑17)
Sec. 102‑17.
"Preliminary examination".
"Preliminary examination" means a hearing before a judge to determine if
there is probable cause to believe that the person accused has committed an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑18) (from Ch. 38, par. 102‑18)
Sec. 102‑18.
"Probation".
"Probation" means a sentence or adjudication of conditional and
revocable release under the supervision of a probation officer.
(Source: P.A. 77‑2476.)
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(725 ILCS 5/102‑19) (from Ch. 38, par. 102‑19)
Sec. 102‑19.
"Recognizance".
"Recognizance" means an undertaking without security entered into by a
person by which he binds himself to comply with such conditions as are set
forth therein and which may provide for the forfeiture of a sum set by the
court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102‑20) (from Ch. 38, par. 102‑20)
Sec. 102‑20.
"Sentence".
"Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77‑2476.)
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(725 ILCS 5/102‑21) (from Ch. 38, par. 102‑21)
Sec. 102‑21.
Clinical psychologist; court‑appointed examiner.
(a) "Clinical psychologist" means a psychologist licensed under the
Clinical Psychologist Licensing Act.
(b) "Court‑appointed examiner" means a clinical social worker as defined
in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87‑530.)
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(725 ILCS 5/102‑22)
Sec. 102‑22.
"Facility director", for the purposes of Article 104, means
the chief officer of a mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of treatment or
habilitation or his or her designee. "Designee" may include a physician,
clinical psychologist, social worker, or nurse.
(Source: P.A. 90‑105, eff. 7‑11‑97.)
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(725 ILCS 5/102‑23)
Sec. 102‑23.
"Moderately mentally retarded person" means a person whose
intelligence
quotient is between 41 and 55 and who does not suffer from significant mental
illness to the extent that the person's ability to exercise rational judgment
is impaired.
(Source: P.A. 92‑434, eff. 1‑1‑02.)
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(725 ILCS 5/103‑1) (from Ch. 38, par. 103‑1)
Sec. 103‑1.
Rights on arrest.
(a) After an arrest on a warrant the
person making the arrest shall inform the person arrested that a warrant
has been issued for his arrest and the nature of the offense specified
in the warrant.
(b) After an arrest without a warrant the person making the arrest
shall inform the person arrested of the nature of the offense on which
the arrest is based.
(c) No person arrested for a traffic, regulatory or misdemeanor
offense, except in cases involving weapons or a controlled substance,
shall be strip searched unless there is reasonable belief that the
individual is concealing a weapon or controlled substance.
(d) "Strip search" means having an arrested person remove or arrange
some or all of his or her clothing so as to permit a visual inspection
of the genitals, buttocks, anus, female breasts or undergarments of such
person.
(e) All strip searches conducted under this Section shall be
performed by persons of the same sex as the arrested person and on
premises where the search cannot be observed by persons not physically
conducting the search.
(f) Every peace officer or employee of a police department
conducting a strip search shall:
(1) Obtain the written permission of the police commander or an
agent thereof designated for the purposes of authorizing a strip search
in accordance with this Section.
(2) Prepare a report of the strip search. The report shall include
the written authorization required by paragraph (1) of this subsection
(f),
the name of the person subjected to the search, the names of the
persons conducting the search, and the time, date and place of the
search. A copy of the report shall be provided to the person subject to
the search.
(g) No search of any body cavity other than the mouth shall be
conducted without a duly executed search warrant; any warrant
authorizing a body cavity search shall specify that the search must be
performed under sanitary conditions and conducted either by or under the
supervision of a physician licensed to practice medicine in all of its
branches in this State.
(h) Any peace officer or employee who knowingly or intentionally
fails to comply with any provision of this Section is guilty of official
misconduct as provided in Section 103‑8; provided however, that nothing
contained in this Section shall preclude prosecution of a peace officer
or employee under another section of this Code.
(i) Nothing in this Section shall be construed as limiting any
statutory or common law rights of any person for purposes of any civil
action or injunctive relief.
(j) The provisions of subsections (c) through (h) of this Section
shall not apply when the person is taken into custody by or remanded to
the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 81‑1509.)
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(725 ILCS 5/103‑2) (from Ch. 38, par. 103‑2)
Sec. 103‑2.
Treatment while in custody.
(a) On being taken into custody every person shall have the right to
remain silent.
(b) No unlawful means of any kind shall be used to obtain a statement,
admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and provided with
proper food, shelter and, if required, medical treatment.
(Source: Laws 1963, p. 2836.)
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(2) the recording is substantially accurate and not | ||
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(c) Every electronic recording required under this Section
must be preserved
until such time as the
defendant's conviction
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
defendant
was
subjected to a custodial interrogation in violation of this Section, then any
statements made
by the
defendant during or following that non‑recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding against the defendant except for the purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
accused in open court at his or her trial, before a grand jury, or at
a preliminary hearing, (ii)
of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section, because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness,
(iv) of a spontaneous statement that is
not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made
during a custodial interrogation by a suspect who requests, prior to making the
statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii) of a
statement made
during a custodial
interrogation that is conducted out‑of‑state, (viii)
of a statement
given at a time when the interrogators are unaware that a death has in fact
occurred, or (ix) of any other
statement that may be
admissible under law. The State shall bear the burden of proving, by a
preponderance of the evidence, that one of the exceptions described in this
subsection (e) is
applicable.
Nothing in
this Section precludes the admission of a statement, otherwise inadmissible
under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by an accused during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(Source: P.A. 93‑206, eff. 7‑18‑05; 93‑517, eff. 8‑6‑05; 94‑117, eff. 7‑5‑05.)
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(725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
Sec. 103‑3.
Right
to communicate with attorney and family; transfers.
(a) Persons who are arrested shall have the right to communicate with an
attorney of their choice and a member of their family by making a
reasonable number of telephone calls or in any other reasonable manner.
Such communication shall be permitted within a reasonable time after
arrival at the first place of custody.
(b) In the event the accused is transferred to a new place of custody
his right to communicate with an attorney and a member of his family is
renewed.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/103‑4) (from Ch. 38, par. 103‑4)
Sec. 103‑4.
Right
to consult with attorney.
Any person committed, imprisoned or restrained of his liberty for any
cause whatever and whether or not such person is charged with an offense
shall, except in cases of imminent danger of escape, be allowed to consult
with any licensed attorney at law of this State whom such person may desire
to see or consult, alone and in private at the place of custody, as many
times and for such period each time as is reasonable. When any such person
is about to be moved beyond the limits of this State under any pretense
whatever the person to be moved shall be entitled to a reasonable delay for
the purpose of obtaining counsel and of availing himself of the laws of
this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/103‑5) (from Ch. 38, par. 103‑5)
Sec. 103‑5.
Speedy trial.)
(a) Every person in custody in this State for an alleged offense shall
be tried by the court having jurisdiction within 120 days from the date he
was taken into custody unless delay is occasioned by the defendant, by an
examination for fitness ordered pursuant to Section 104‑13 of this Act, by
a fitness hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114‑4 of this Act after a court's
determination of the defendant's physical incapacity for trial, or by an
interlocutory appeal. Delay shall be considered to be agreed to by the
defendant unless he or she objects to the delay by making a written demand for
trial or an oral demand for trial on the record.
The 120‑day term must be one continuous period of incarceration. In
computing the 120‑day term, separate periods of incarceration may not be
combined. If a defendant is taken into custody a second (or subsequent) time
for the same offense, the term will begin again at day zero.
(b) Every person on bail or recognizance shall be tried by the court
having jurisdiction within 160 days from the date defendant demands
trial unless delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104‑13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a continuance
allowed pursuant to Section 114‑4 of this Act after a court's determination
of the defendant's physical incapacity for trial, or by an interlocutory
appeal. The defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made under this
subsection.
For purposes of computing the 160 day period under this subsection (b),
every person who was in custody for an alleged offense and demanded trial
and is subsequently released on bail or recognizance and demands trial,
shall be given credit for time spent in custody following the making of the
demand while in custody. Any demand for trial made under this
subsection (b)
shall be in writing; and in the
case of a defendant not in custody, the
demand for trial shall include the date of any prior demand made under this
provision while the defendant was in custody.
(c) If the court determines that the State has exercised without
success due diligence to obtain evidence material to the case and that
there are reasonable grounds to believe that such evidence may be
obtained at a later day the court may continue the cause on application
of the State for not more than an additional 60 days. If the court
determines that the State has exercised without success due diligence to
obtain results of DNA testing that is material to the case and that there
are reasonable grounds to believe that such results may be obtained at a
later day, the court may continue the cause on application of the State for
not more than an additional 120 days.
(d) Every person not tried in accordance with subsections (a), (b)
and (c) of this Section shall be discharged from custody or released
from the obligations of his bail or recognizance.
(e) If a person is simultaneously in custody upon more than one
charge pending against him in the same county, or simultaneously demands
trial upon more than one charge pending against him in the same county,
he shall be tried, or adjudged guilty after waiver of trial, upon at
least one such charge before expiration relative to any of such pending
charges of the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining charges
thus pending within 160 days from the date on which judgment relative to
the first charge thus prosecuted is rendered pursuant to the Unified Code of
Corrections or, if such trial upon such first charge is terminated
without judgment and there is no subsequent trial of, or adjudication of
guilt after waiver of trial of, such first charge within a reasonable
time, the person shall be tried upon all of the remaining charges thus
pending within 160 days from the date on which such trial is terminated;
if either such period of 160 days expires without the commencement of
trial of, or adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is occasioned
by the defendant, by an examination for fitness ordered pursuant to
Section 104‑13 of this Act, by a fitness hearing, by an adjudication
of unfitness for trial, by a continuance allowed pursuant to Section
114‑4 of this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has exercised
without success due diligence to obtain evidence material to the case
and that there are reasonable grounds to believe that such evidence may
be obtained at a later day the court may continue the cause on
application of the State for not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily suspend for
the time of the delay the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section and on the
day of expiration of the delay the said period shall continue at the
point at which it was suspended. Where such delay occurs within 21 days
of the end of the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section, the court
may continue the cause on application of the State for not more than an
additional 21 days beyond the period prescribed by subsections (a), (b), or
(e). This subsection (f) shall become effective on, and apply to persons
charged with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 90‑705, eff. 1‑1‑99; 91‑123, eff. 1‑1‑00.)
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(725 ILCS 5/103‑6) (from Ch. 38, par. 103‑6)
Sec. 103‑6.
Waiver of jury trial.
Every person accused of an offense
shall have the right to a trial by jury unless (i) understandingly waived
by defendant in open court or (ii) the offense is an ordinance violation
punishable by fine only and the defendant either fails to file a demand for
a trial by jury at the time of entering his or her plea of not guilty or
fails to pay to the clerk of the circuit court at the time of entering his
or her plea of not guilty any jury fee required to be paid to the clerk.
(Source: P.A. 86‑1386.)
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(725 ILCS 5/103‑7) (from Ch. 38, par. 103‑7)
Sec. 103‑7.
Posting notice of rights.
Every sheriff, chief of police or other person who is in charge of any
jail, police station or other building where persons under arrest are held
in custody pending investigation, bail or other criminal proceedings, shall
post in every room, other than cells, of such buildings where persons are
held in custody, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large type, containing
a verbatim copy in the English language of the provisions of Sections 103‑2,
103‑3, 103‑4, 109‑1, 110‑2, 110‑4, and sub‑parts (a) and (b) of
Sections 110‑7 and 113‑3 of this Code. Each person who is in charge of
any courthouse or other building in which any trial of an offense is
conducted shall post in each room primarily used for such trials and in
each room in which defendants are confined or wait, pending trial, in
conspicuous places where it may be seen and read by persons in custody and
others, a poster, printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103‑6, 113‑1, 113‑4 and
115‑1 and of subparts (a) and (b) of Section 113‑3 of this Code.
(Source: Laws 1965, p. 2622 .)
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(725 ILCS 5/103‑8) (from Ch. 38, par. 103‑8)
Sec. 103‑8.
Mandatory duty of officers.
Any peace officer who intentionally prevents the exercise by an accused
of any right conferred by this Article or who intentionally fails to
perform any act required of him by this Article shall be guilty of official
misconduct and may be punished in accordance with Section 33‑3 of the
"Criminal Code of 1961" approved July 28, 1961, as heretofore and hereafter
amended.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/103‑9) (from Ch. 38, par. 103‑9)
Sec. 103‑9.
Bail bondsmen.
No bail bondsman from any state may seize
or transport unwillingly any person found in this State who is allegedly in
violation of a bail bond posted in some other state. The return of any
such person to another state may be accomplished only as provided by the
laws of this State. Any bail bondsman who violates this Section is fully
subject to the criminal and civil penalties provided by the laws of this
State for his actions.
(Source: P.A. 84‑694.)
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(725 ILCS 5/104‑10) (from Ch. 38, par. 104‑10)
Sec. 104‑10.
Presumption of Fitness; Fitness Standard.) A defendant is
presumed to be fit to stand trial or to plead, and be sentenced. A defendant is unfit
if, because of his mental or physical condition, he is unable to understand
the nature and purpose of the proceedings against him or to assist in his defense.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑11) (from Ch. 38, par. 104‑11)
Sec. 104‑11.
Raising Issue; Burden; Fitness Motions.) (a) The issue
of the defendant's fitness for trial, to plead, or to be sentenced may be
raised by the defense,
the State or the Court at any appropriate time before a plea is entered
or before, during, or after trial. When a bonafide doubt of the defendant's
fitness is raised, the court shall order a determination of the issue before
proceeding further.
(b) Upon request of the defendant that a qualified expert be appointed
to examine him or her to determine prior to trial if a bonafide doubt as
to his or her fitness to stand trial may be raised, the court, in its discretion,
may order an appropriate examination. However, no order entered pursuant
to this subsection shall prevent further proceedings in the case. An expert
so appointed shall examine the defendant and make a report as provided in
Section 104‑15. Upon the filing with the court of a verified statement
of services rendered, the court shall enter an order on the county board
to pay such expert a reasonable fee stated in the order.
(c) When a bonafide doubt of the defendant's fitness has been raised,
the burden of proving that the defendant is fit by a preponderance of the
evidence and the burden of going forward with the evidence are on the State.
However, the court may call its own witnesses and conduct its own inquiry.
(d) Following a finding of unfitness, the court may hear and rule on
any pretrial motion or motions if the defendant's presence is not essential
to a fair determination of the issues. A motion may be reheard upon a showing
that evidence is available which was not available, due to the defendant's
unfitness, when the motion was first decided.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑12) (from Ch. 38, par. 104‑12)
Sec. 104‑12.
Right to Jury.) The issue of the defendant's fitness may
be determined in the first instance by the court or by a jury. The defense
or the State may demand a jury or the court on its own motion may order
a jury. However, when the issue is raised after trial has begun or after
conviction but before sentencing, or when
the issue is to be redetermined under Section 104‑20 or 104‑27, the issue
shall be determined by the court.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑13) (from Ch. 38, par. 104‑13)
Sec. 104‑13.
Fitness Examination.
(a) When the issue of fitness involves
the defendant's mental condition, the court shall order an examination of
the defendant by one or more licensed physicians, clinical psychologists,
or psychiatrists chosen by the court. No physician, clinical
psychologist or psychiatrist employed by the Department of Human Services shall
be ordered to perform,
in his official capacity, an examination under this Section.
(b) If the issue of fitness involves the defendant's physical condition,
the court shall appoint one or more physicians and in addition, such other
experts as it may deem appropriate to examine the defendant and to report
to the court regarding the defendant's condition.
(c) An examination ordered under this Section shall be given at the place
designated by the person who will conduct the examination, except that if
the defendant is being held in custody, the examination shall take place
at such location as the court directs. No examinations under this
Section shall be ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human Services.
If the defendant fails to keep appointments
without reasonable cause or if the person conducting the examination reports
to the court that diagnosis requires hospitalization or extended observation,
the court may order the defendant admitted to an appropriate facility for
an examination, other than a screening examination, for not more than 7
days. The court may, upon a showing of good cause, grant an additional
7 days to complete the examination.
(d) Release on bail or on recognizance shall not be revoked and an
application therefor shall not be denied on the grounds that an examination
has been ordered.
(e) Upon request by the defense and if the defendant is indigent, the
court may appoint, in addition to the expert or experts chosen pursuant to
subsection (a) of this Section, a qualified expert selected by the defendant
to examine him and to make a report as provided in Section 104‑15. Upon
the filing with the court of a verified statement of services rendered, the
court shall enter an order on the county board to pay such expert a
reasonable fee stated in the order.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑14) (from Ch. 38, par. 104‑14)
Sec. 104‑14.
Use of Statements Made During Examination or Treatment.)
(a) Statements made by the defendant and information gathered in the course
of any examination or treatment ordered under Section 104‑13, 104‑17 or
104‑20 shall not be admissible against the defendant unless he raises the
defense of insanity or the defense of drugged or intoxicated condition,
in which case they shall be admissible only on the issue of whether he was
insane, drugged, or intoxicated. The refusal of the defendant to cooperate
in such examinations shall not preclude the raising of the aforesaid defenses
but shall preclude the defendant from offering expert evidence or testimony
tending to support such defenses if the expert evidence or testimony is
based upon the expert's examination of the defendant.
(b) Except as provided in paragraph (a) of this Section, no statement
made by the defendant in the course of any examination or treatment ordered
under Section 104‑13, 104‑17 or 104‑20 which relates to the crime charged
or to other criminal acts shall be disclosed by persons conducting the examination
or the treatment, except to members of the examining or treating team, without
the informed written consent of the defendant, who is competent at the time
of giving such consent.
(c) The court shall advise the defendant of the limitations on the use
of any statements made or information gathered in the course of the fitness
examination or subsequent treatment as provided in this Section. It shall
also advise him that he may refuse to cooperate with the person conducting
the examination, but that his refusal may be admissible into evidence on
the issue of his mental or physical condition.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑15) (from Ch. 38, par. 104‑15)
Sec. 104‑15.
Report.) (a) The person or persons conducting an examination
of the defendant, pursuant to paragraph (a) or (b) of Section 104‑13 shall
submit a written report to the court, the State, and the defense within
30 days of the date of the order. The
report shall include:
(1) A diagnosis and an explanation as to how it was reached and the facts
upon which it is based;
(2) A description of the defendant's mental or physical disability, if
any; its severity; and an opinion as to whether and to what extent it impairs
the defendant's ability to understand the nature and purpose of
the proceedings against him or to assist in his defense, or both.
(b) If the report indicates that the defendant is not fit to stand trial
or to plead because of a disability, the report shall include an opinion
as to the likelihood of the defendant attaining fitness within one year if
provided with a course of treatment. If the person or persons preparing
the report are unable to form such an opinion, the report shall state the
reasons therefor. The report may include a general description of the
type of treatment needed and of the least physically restrictive form of
treatment therapeutically appropriate.
(c) The report shall indicate what information, if any, contained therein
may be harmful to the mental condition of the defendant if made known to him.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑16) (from Ch. 38, par. 104‑16)
Sec. 104‑16.
Fitness Hearing.) (a) The court shall conduct a hearing
to determine the issue of the defendant's fitness within 45 days of receipt
of the final written report of the person or persons conducting the examination
or upon conclusion of the matter then pending before it, subject to continuances
allowed pursuant to Section 114‑4 of this Act.
(b) Subject to the rules of evidence, matters admissible on the issue
of the defendant's fitness include, but are not limited to, the following:
(1) The defendant's knowledge and understanding of the charge, the
proceedings, the consequences of a plea, judgment or sentence, and the functions
of the participants in the trial process;
(2) The defendant's ability to observe, recollect and relate occurrences,
especially those concerning the incidents alleged, and to communicate with counsel;
(3) The defendant's social behavior and abilities; orientation as to time
and place; recognition of persons, places and things; and performance
of motor processes.
(c) The defendant has the right to be present at every hearing on the
issue of his fitness. The defendant's presence may be waived only if there
is filed with the court a certificate stating that the defendant is physically
unable to be present and the reasons therefor. The certificate shall be
signed by a licensed physician who, within 7 days, has examined the defendant.
(d) On the basis of the evidence before it, the court or jury shall determine
whether the defendant is fit to stand trial or to plead. If it finds that
the defendant is unfit, the court or the jury shall determine
whether there is substantial probability that the defendant, if provided
with a course of treatment, will attain fitness within one year. If the
court or the jury finds that there is not a substantial probability, the
court shall proceed as provided in Section 104‑23. If such probability
is found or if the court or the jury is unable to determine whether a substantial
probability exists, the court shall order the defendant to undergo treatment
for the purpose of rendering him fit. In the event that a defendant is
ordered to undergo treatment when there has been no determination as to
the probability of his attaining fitness, the court shall conduct a hearing
as soon as possible following the receipt of the report filed pursuant to
paragraph (d) of Section 104‑17, unless the hearing is waived by the defense,
and shall make a determination as to whether a substantial probability exists.
(e) An order finding the defendant unfit is a final order for purposes
of appeal by the State or the defendant.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑17) (from Ch. 38, par. 104‑17)
Sec. 104‑17.
Commitment for Treatment; Treatment Plan.
(a) If the defendant
is eligible to be or has been released on bail or on his own recognizance,
the court shall select the least physically restrictive form of treatment
therapeutically appropriate and consistent with the treatment plan.
(b) If the defendant's disability is mental, the court may order him placed
for treatment in the custody of the Department of Human Services, or the court may order him placed in
the custody of any other
appropriate public or private mental health facility or treatment program
which has agreed to provide treatment to the defendant. If the defendant
is placed in the custody of the Department of Human Services, the defendant shall be placed in a
secure setting unless the
court determines that
there are compelling reasons why such placement is not necessary. During
the period of time required to determine the appropriate placement the
defendant shall remain in jail. Upon completion of the placement process, the
sheriff shall be notified and shall transport the defendant to the designated
facility. The placement may be ordered either on an inpatient or an outpatient
basis.
(c) If the defendant's disability is physical, the court may order him
placed under the supervision of the Department of Human
Services
which shall place and maintain the defendant in a suitable treatment facility
or program, or the court may order him placed in an appropriate public or
private facility or treatment program which has agreed to provide treatment
to the defendant. The placement may be ordered either on an inpatient or
an outpatient basis.
(d) The clerk of the circuit court shall transmit to the Department, agency
or institution, if any, to which the defendant is remanded for treatment, the
following:
(1) a certified copy of the order to undergo | ||
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(2) the county and municipality in which the offense | ||
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(3) the county and municipality in which the arrest | ||
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(4) all additional matters which the Court directs | ||
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(e) Within 30 days of entry of an order to undergo treatment, the person
supervising the defendant's treatment shall file with the court, the State,
and the defense a report assessing the facility's or program's capacity
to provide appropriate treatment for the defendant and indicating his opinion
as to the probability of the defendant's attaining fitness within a period
of one year from the date of the finding of unfitness. If the report indicates
that there is a substantial probability that the defendant will attain fitness
within the time period, the treatment supervisor shall also file a treatment
plan which shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to | ||
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(3) An identification of the person in charge of | ||
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(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑18) (from Ch. 38, par. 104‑18)
Sec. 104‑18.
Progress Reports.) (a) The treatment supervisor shall submit
a written progress report to the court, the State, and the defense:
(1) At least 7 days prior to the date for any hearing on the issue of
the defendant's fitness;
(2) Whenever he believes that the defendant has attained fitness;
(3) Whenever he believes that there is not a substantial probability that
the defendant will attain fitness, with treatment, within one year from
the date of the original finding of unfitness.
(b) The progress report shall contain:
(1) The clinical findings of the treatment supervisor and the facts upon
which the findings are based;
(2) The opinion of the treatment supervisor as to whether the defendant
has attained fitness or as to whether the defendant is making progress,
under treatment, toward attaining fitness within one year from the date
of the original finding of unfitness;
(3) If the defendant is receiving medication, information from the prescribing
physician indicating the type, the dosage and the effect of the medication
on the defendant's appearance, actions and demeanor.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑19) (from Ch. 38, par. 104‑19)
Sec. 104‑19.
Records.) Any report filed of record with the court concerning
diagnosis, treatment or treatment plans made pursuant to this Article shall
not be placed in the defendant's court record but shall be maintained separately
by the clerk of the court and shall be available only to the court or an
appellate court, the State and the defense, a facility or program which
is providing treatment to the defendant pursuant to an order of the court
or such other persons as the court may direct.
(Source: P.A. 81‑1217.)
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(2) Whether the defendant is making progress under | ||
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(b) If the court finds the defendant to be fit pursuant to this Section,
the court shall set the matter for trial; provided that if the defendant
is in need of continued care or treatment and the supervisor of the defendant's
treatment agrees to continue to provide it, the court may enter any order
it deems appropriate for the continued care or treatment of the defendant
by the facility or program pending the conclusion of the criminal proceedings.
(c) If the court finds that the defendant is still unfit but that he is
making progress toward attaining fitness, the court may continue or modify
its original treatment order entered pursuant to Section 104‑17.
(d) If the court finds that the defendant is still unfit and that he is
not making progress toward attaining fitness such that there is not a
substantial probability that he will attain fitness within one year from
the date of the original finding of unfitness, the court shall proceed pursuant
to Section 104‑23. However, if the defendant is in need of continued care
and treatment and the supervisor of the defendant's treatment agrees to
continue to provide it, the court may enter any order it deems appropriate
for the continued care or treatment by the facility or program pending the
conclusion of the criminal proceedings.
(Source: P.A. 94‑191, eff. 7‑12‑05.)
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(725 ILCS 5/104‑21) (from Ch. 38, par. 104‑21)
Sec. 104‑21.
Medication.
(a) A defendant who is receiving psychotropic drugs
shall not be presumed to be unfit to stand trial
solely by virtue of the receipt of those drugs or medications.
(b) Whenever a defendant who is receiving medication under medical direction
is transferred between a place of custody and a treatment facility or program,
a written report from the prescribing physician shall accompany the defendant.
The report shall state the type and dosage of the defendant's medication
and the duration of the prescription. The chief officer of the place of
custody or the treatment supervisor at the facility or program shall insure
that such medication is provided according to the directions of the prescribing
physician or until superseded by order of a physician who has examined the
defendant.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑689, eff. 12‑31‑96.)
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(725 ILCS 5/104‑22) (from Ch. 38, par. 104‑22)
Sec. 104‑22.
Trial with special provisions and assistance.)
(a) On motion of the defendant, the State or on the court's own motion,
the court shall determine whether special provisions or assistance will
render the defendant fit to stand trial as defined in Section 104‑10.
(b) Such special provisions or assistance may include but are not limited to:
(1) Appointment of qualified translators who shall simultaneously translate
all testimony at trial into language understood by the defendant.
(2) Appointment of experts qualified to assist a defendant who because
of a disability is unable to understand the proceedings or communicate with
his or her attorney.
(c) The case may proceed to trial only if the court determines that such
provisions or assistance compensate for a defendant's disabilities so as
to render the defendant fit as defined in Section 104‑10.
In such cases the court shall state for the record the following:
(1) The qualifications and experience of the experts or other persons
appointed to provide special assistance to the defendant;
(2) The court's reasons for selecting or appointing the particular experts
or other persons to provide the special assistance to the defendant;
(3) How the appointment of the particular expert or other persons will
serve the goal of rendering the defendant fit in view of the appointee's
qualifications and experience, taken in conjunction with the particular
disabilities of the defendant; and
(4) Any other factors considered by the court in appointing that individual.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑23) (from Ch. 38, par. 104‑23)
Sec. 104‑23.
Unfit defendants.
Cases involving an unfit defendant who
demands a discharge hearing or a defendant who cannot become fit to stand
trial and for whom no special provisions or assistance can compensate for
his disability and render him fit shall proceed in the following manner:
(a) Upon a determination that there is not a substantial probability
that the defendant will attain fitness within one year from the original
finding of unfitness, a defendant or the attorney for the defendant
may move for a discharge hearing pursuant to the provisions of Section 104‑25.
The discharge hearing shall be held within 120 days of the filing of a
motion for a discharge hearing, unless the delay is occasioned by the defendant.
(b) If at any time the court determines that there is not a substantial
probability that the defendant will become fit to stand trial or to plead
within one year from the date of the original finding of unfitness,
or if at the end of one year from that date the court finds the defendant
still unfit and for whom no special provisions or assistance can compensate
for his disabilities and render him fit, the State shall request the court:
(1) To set the matter for hearing pursuant to | ||
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(2) To release the defendant from custody and to | ||
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(3) To remand the defendant to the custody of the | ||
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(c) If the defendant is restored to fitness and the original charges
against him are reinstated, the speedy trial provisions of Section 103‑5
shall commence to run.
(Source: P.A. 89‑439, eff. 6‑1‑96; 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑24) (from Ch. 38, par. 104‑24)
Sec. 104‑24.
Time Credit.
Time spent in custody pursuant to orders
issued under Section 104‑17 or 104‑20 or pursuant to a commitment to the
Department of Human Services following a finding
of unfitness or incompetency under prior law, shall be credited against
any sentence imposed on the defendant in the pending criminal case or in
any other case arising out of the same conduct.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑25) (from Ch. 38, par. 104‑25)
Sec. 104‑25.
Discharge hearing.
(a) As provided for in paragraph (a)
of Section 104‑23 and subparagraph (1) of paragraph (b) of Section 104‑23
a hearing to determine the sufficiency of the evidence shall be held. Such
hearing shall be conducted by the court without a jury. The State and the
defendant may introduce evidence relevant to the question of defendant's
guilt of the crime charged.
The court may admit hearsay or affidavit evidence on secondary matters
such as testimony to establish the chain of possession of physical evidence,
laboratory reports, authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence does not prove the defendant guilty beyond a reasonable
doubt, the court shall enter a judgment of acquittal; however nothing herein
shall prevent the State from requesting the court to commit the defendant to
the Department of Human Services under the provisions of the Mental Health and
Developmental
Disabilities Code.
(c) If the defendant is found not guilty by reason of insanity, the court
shall enter a judgment of acquittal and the proceedings after acquittal
by reason of insanity under Section 5‑2‑4 of the Unified Code of Corrections
shall apply.
(d) If the discharge hearing does not result in an acquittal of the charge
the defendant may be remanded for further treatment and the one year time
limit set forth in Section 104‑23 shall be extended as follows:
(1) If the most serious charge upon which the State | ||
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(2) If the State sustained its burden of proof on a | ||
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(e) Transcripts of testimony taken at a discharge hearing may be admitted
in evidence at a subsequent trial of the case, subject to the rules of
evidence,
if the witness who gave such testimony is legally unavailable at the time
of the subsequent trial.
(f) If the court fails to enter an order of acquittal the defendant may
appeal from such judgment in the same manner provided for an appeal from
a conviction in a criminal case.
(g) At the expiration of an extended period of treatment ordered pursuant
to this Section:
(1) Upon a finding that the defendant is fit or can | ||
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(2) If the defendant continues to be unfit to stand | ||
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If the defendant does not have a current treatment | ||
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Every 90 days after the initial admission under this | ||
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The court on its own motion may order a hearing to | ||
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If, during the period within which the defendant is | ||
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(i) 180 days after a defendant is remanded to | ||
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(A) subject to involuntary admission; or
(B) in need of mental health services in the | ||
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(C) in need of mental health services but | ||
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The findings of the court shall be established by | ||
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(ii) The terms "subject to involuntary | ||
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(3) If the defendant is not committed pursuant to | ||
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(4) In no event may the treatment period be extended | ||
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(Source: P.A. 91‑536, eff. 1‑1‑00.)
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(725 ILCS 5/104‑26) (from Ch. 38, par. 104‑26)
Sec. 104‑26.
Disposition of Defendants suffering disabilities.
(a) A defendant convicted following a trial conducted under the provisions
of Section 104‑22 shall not be sentenced before a written presentence report of
investigation is presented to and considered by the court. The presentence
report shall be prepared pursuant to Sections 5‑3‑2, 5‑3‑3 and 5‑3‑4 of
the Unified Code of Corrections, as now or hereafter amended, and shall
include a physical and mental examination unless the court finds that the
reports of prior physical and mental examinations conducted pursuant to
this Article are adequate and recent enough so that additional examinations
would be unnecessary.
(b) A defendant convicted following a trial under Section 104‑22 shall
not be subject to the death penalty.
(c) A defendant convicted following a trial under Section 104‑22 shall
be sentenced according to
the procedures and dispositions authorized under the Unified Code of
Corrections,
as now or hereafter amended, subject to the following provisions:
(1) The court shall not impose a sentence of | ||
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(2) After imposing a sentence of imprisonment upon | ||
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(3) If the court imposes a sentence of imprisonment | ||
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(4) If the court imposes a sentence of imprisonment | ||
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(5) When an offender is placed with the Department | ||
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(6) The Department of Corrections shall notify the | ||
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(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑27) (from Ch. 38, par. 104‑27)
Sec. 104‑27.
Defendants Found Unfit Prior to this Article; Reports;
Appointment of Counsel.
(a) Within 180 days after the effective date of
this Article, the Department of Mental Health and
Developmental Disabilities (predecessor of the Department of Human
Services)
shall compile a report on each defendant under its custody who was found
unfit or incompetent to stand trial or to be sentenced prior to the effective
date of this Article. Each report shall include the defendant's name,
indictment and warrant numbers, the county of his commitment, the length of
time he has been hospitalized, the date of his last fitness hearing, and a
report on his present status as provided in Section 104‑18.
(b) The reports shall be forwarded to the Supreme Court which shall
distribute copies thereof to the chief judge
of the court in which the criminal charges were originally filed, to the
state's attorney and the public defender of the same county, and to the
defendant's attorney of record, if any. Notice that the report has been
delivered shall be given to the defendant.
(c) Upon receipt of the report, the chief judge shall appoint the public
defender or other counsel for each defendant who is not represented by
counsel and who is indigent pursuant to Section 113‑3 of this Act, as now
or hereafter amended. The court shall provide the defendant's counsel with
a copy of the report.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑28) (from Ch. 38, par. 104‑28)
Sec. 104‑28.
Disposition of Defendants Found Unfit Prior to this Article.
(a) Upon reviewing the report, the court shall determine whether the
defendant
has been in the custody of the Department of Mental Health and Developmental
Disabilities (now the Department of Human Services) for a period of time
equal to the length of time that the defendant
would have been required to serve, less good time, before becoming eligible
for parole or mandatory supervised release had he been convicted of the
most serious offense charged and had he received the maximum sentence
therefor. If the court so finds, it shall dismiss the charges against the
defendant, with leave to reinstate. If the defendant has not been committed
pursuant to the Mental Health and Developmental Disabilities Code, the court
shall order him discharged or shall order a hearing to be conducted
forthwith pursuant to the provisions of the Code. If the defendant was
committed pursuant to the Code, he shall continue to be treated pursuant
to his commitment order and shall be considered a civilly committed patient
for all purposes including discharge.
(b) If the court finds that a defendant has been in the custody of the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a period
less than that specified in paragraph (a) of this Section, the court shall
conduct a hearing pursuant to Section 104‑20 forthwith to redetermine the
issue of the defendant's fitness to stand trial or to plead. If the defendant
is fit, the matter shall be set for trial. If the court finds that the
defendant is unfit, it shall proceed pursuant to Section 104‑20 or 104‑23,
provided that a defendant who is still unfit and who has been in the custody
of the Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a
period of more than one year from the date of the finding of unfitness shall
be immediately subject to the provisions of Section 104‑23.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑29) (from Ch. 38, par. 104‑29)
Sec. 104‑29.
In the event of any conflict between this Article and the
"Mental Health and Developmental Disabilities Code", the provisions of
this Article shall govern.
(Source: P.A. 81‑1217.)
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(725 ILCS 5/104‑30) (from Ch. 38, par. 104‑30)
Sec. 104‑30.
Notice to Law Enforcement Agencies Regarding Release of
Defendants.
(a) Prior to the release by the Department of Human Services of any person
admitted pursuant to any provision of this Article,
the
Department of Human Services shall give written notice to the Sheriff of the
county from which
the defendant was admitted. In cases where the arrest of the defendant
or the commission of the offense took place in any municipality with a
population
of more than 25,000 persons, the Department of Human Services shall also give
written
notice to the proper law enforcement agency for said municipality, provided
the municipality has requested such notice in writing.
(b) Where a defendant in the custody of the Department of Human Services under any provision of this Article is released pursuant to an order
of
court, the clerk of the circuit court shall, after the entry of the order,
transmit a certified copy of the order of release to the Department of Human
Services
and the Sheriff of the county from which the defendant was admitted. In
cases where the arrest of the defendant or the commission of the offense
took place in any municipality with a population of more than 25,000 persons,
the Clerk of the circuit court shall also send a certified copy of the order
of release to the proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(725 ILCS 5/104‑31) (from Ch. 38, par. 104‑31)
Sec. 104‑31.
No defendant placed in a secure setting of the Department of
Human Services pursuant to
the provisions of Sections 104‑17, 104‑25, or 104‑26 shall be permitted outside
the facility's
housing unit unless escorted or accompanied by personnel of the Department of
Human Services.
Any defendant placed in a secure setting pursuant to this Section,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, may be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
Nor shall
such defendant
be permitted any off‑grounds privileges, either with or without escort by
personnel of the Department of Human Services,
or any unsupervised on‑ground privileges, unless such off‑grounds or
unsupervised on‑grounds privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
court may deem appropriate and necessary to reasonably assure the
defendant's satisfactory progress in treatment and the safety of the defendant
or others.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑105, eff. 7‑11‑97.)
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(725 ILCS 5/106‑1) (from Ch. 38, par. 106‑1)
Sec. 106‑1.
Granting of immunity.)
In any investigation before a Grand Jury, or trial in any court, the court
on motion of the State may order that any material
witness be released from all liability to be prosecuted or punished on
account of any testimony or other evidence he may be required to produce.
(Source: P.A. 79‑1360.)
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(725 ILCS 5/106‑2) (from Ch. 38, par. 106‑2)
Sec. 106‑2.
Effect of immunity.
Such order of immunity shall forever be a bar to prosecution against the
witness for any offense shown in whole or in part by such testimony or
other evidence except for perjury committed in the giving of such
testimony.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/106‑2.5) (from Ch. 38, par. 106‑2.5)
Sec. 106‑2.5.
Use immunity.
(a) In lieu of the immunity provided in Section 106‑2 of this Code, the
State's Attorney may make application to the court that a street gang
member, who testifies on behalf of a public authority in a civil proceeding
brought against a streetgang under the Illinois Streetgang Terrorism
Omnibus Prevention Act, be granted immunity from prosecution in a criminal
case as to any information directly or indirectly derived from the
production of evidence by the streetgang member. The court shall grant
the order of immunity if:
(1) the production of the evidence is necessary to a | ||
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(2) the streetgang member has refused or is likely | ||
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(b) In lieu of the immunity provided in Section 106‑2 of this Code, in any
investigation before a Grand Jury, or trial in any court, the court on motion
of the State shall order that a witness be granted immunity from prosecution in
a criminal case as to any information directly or indirectly derived from the
production of evidence from the witness if the witness has refused or is likely to refuse to produce the
evidence
on the basis of his or her privilege against self‑incrimination.
(c) The production of evidence so compelled under the order, and any
information directly or indirectly derived from it, may not be used against
the witness in a criminal case, except in a prosecution for perjury, false
swearing, or an offense otherwise involving a failure to comply with the order.
An order of immunity granted under this Section does not bar prosecution of the
witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the
evidence produced under the order shall be furnished to him or her.
(Source: P.A. 87‑932; 88‑241; 88‑677, eff. 12‑15‑94.)
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(725 ILCS 5/106‑3) (from Ch. 38, par. 106‑3)
Sec. 106‑3.
Refusal to testify.
Any witness who having been granted immunity refuses to testify or
produce other evidence shall be in contempt of court subject to proceedings
in accordance to law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/106B‑1) (from Ch. 38, par. 106B‑1)
Sec. 106B‑1.
(Repealed).
(Source: Repealed by P.A. 88‑674, eff. 12‑14‑94.)
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(725 ILCS 5/106B‑5)
Sec. 106B‑5.
Testimony by a victim who is a child or a
moderately, severely, or profoundly mentally retarded person.
(a) In a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, or aggravated criminal sexual abuse, a court may order that
the testimony of a victim who is a child under
the age of 18 years or a moderately, severely, or profoundly mentally
retarded person be taken outside
the courtroom and shown in the courtroom by means of a closed
circuit television if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child | ||
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(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or moderately, severely,
or profoundly mentally retarded
person.
(c) The operators of the closed circuit television shall make every
effort to be unobtrusive.
(d) Only the following persons may be in the room with
the child or moderately, severely, or profoundly mentally retarded person
when the child or moderately,
severely, or profoundly mentally retarded
person testifies by closed circuit
television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television | ||
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(5) any person or persons whose presence, in the | ||
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(e) During the child's or moderately, severely, or profoundly
mentally retarded
person's testimony by closed circuit television, the
defendant shall be in the courtroom and shall not communicate with the jury
if the cause is being heard before a jury.
(f) The defendant shall be allowed to communicate with
the persons in the room where the child or moderately, severely, or
profoundly mentally retarded person
is testifying by any appropriate electronic method.
(g) The provisions of this Section do not apply if the defendant
represents himself pro se.
(h) This Section may not be interpreted to preclude, for purposes of
identification of a defendant, the presence of both the victim and the
defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or commenced on or after
the effective date of this amendatory Act of 1994.
(Source: P.A. 92‑434, eff. 1‑1‑02.)
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(725 ILCS 5/106C‑1) (from Ch. 38, par. 106C‑1)
Sec. 106C‑1.
(Repealed).
(Source: Repealed by P.A. 88‑241.)
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(725 ILCS 5/106C‑2) (from Ch. 38, par. 106C‑2)
Sec. 106C‑2.
(Repealed).
(Source: Repealed by P.A. 88‑241.)
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(b) the defendant is incarcerated; and
(c) the Director of Corrections, sheriff or other | ||
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(Source: 90‑140, eff. 1‑1‑98 .)
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(725 ILCS 5/106E‑5)
Sec. 106E‑5.
(Repealed).
(Source: P.A. 91‑577, eff. 8‑14‑99. Repealed by Section 106E‑15, eff.
12‑31‑00.)
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(725 ILCS 5/106E‑10)
Sec. 106E‑10.
(Repealed).
(Source: P.A. 91‑577, eff. 8‑14‑99. Repealed by Section 106E‑15, eff.
12‑31‑00.)
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(725 ILCS 5/106E‑15)
Sec. 106E‑15.
(Repealed).
(Source: P.A. 91‑577, eff. 8‑14‑99. Repealed internally, eff. 12‑31‑00.)
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