Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963.
Title I - General ProvisionsCode Resources
Illinois Resources
Illinois Website
Illinois Governor
Illinois Legislature
Illinois Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
|
||
(2) the recording is substantially accurate and not | ||
|
||
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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 | ||
|
||
(2) the county and municipality in which the offense | ||
|
||
(3) the county and municipality in which the arrest | ||
|
||
(4) all additional matters which the Court directs | ||
|
||
(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 | ||
|
||
(3) An identification of the person in charge of | ||
|
||
(Source: P.A. 89‑507, eff. 7‑1‑97.)
|
(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.)
|
(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.)
|
|
||
(2) Whether the defendant is making progress under | ||
|