(705 ILCS 305/9) (from Ch. 78, par. 9)
Sec. 9.
In other than single county circuits, if a grand jury is required by
law or by the order of the judge for any court, the county board in each
of the counties in this State wherein such court is directed to be held,
at least 20 days before the time of appearance specified in the summons
hereinafter mentioned shall select 16 persons possessing the
qualifications provided in Section 2 of this Act, by lot from the jury
list, to serve as grand jurors; the panel of the 16 persons so selected
to be known as the regular panel; and shall at the same time, in like
manner, select 12 additional persons possessing such qualifications, the
panel of the 12 additional persons so selected to be known as the
supplemental panel; and cause their clerk within 5 days thereafter to
certify the 2 panels properly identified as the regular panel and
supplemental panel, respectively, to the clerk of the court for which
they are selected, who shall issue a summons to each of the 16 persons
so selected for the regular panel, at least 10 days before the time
hereinafter mentioned, commanding him to appear before such court at or
before 11:00 a. m. upon the date of appearance of the grand jurors
established pursuant to Section 112-3 of the "Code of Criminal Procedure
of 1963", approved August 14, 1963, as now and hereafter amended, to
constitute a grand jury. The clerk of the court issuing such summons shall
follow the procedure he selects or is directed by the court to select from
among those permitted by this Section.
The issuing clerk may use first class mail as the initial form of summons,
incorporating any reasonable form of request for acknowledgement which is
deemed practical and which would provide a reliable proof of service. One
permissible method is the use of a duplex card properly addressed to the
person summoned to be a juror and requesting the person so summoned to detach
and return to the issuing clerk the part of the duplex card which is attached
for his acknowledgement with his signature thereon. As used in this Section,
a "duplex card" means any postcard with 2 mailable parts with a summons
on one part and a detachable acknowledgement of receipt of such summons
on the other part.
The issuing clerk may use certified mail as the initial means of service
or as a secondary means of service in case the acknowledgement requested
in a summons delivered by first class mail is not returned in the time period
required. The certified mail may or may not be marked for delivery to the
addressee only. The certificate of the issuing clerk that he has sent the
summons in pursuance of this Section is evidence that he has done so. If
the person summoned to be a juror does not return the acknowledgement of
the summons in the time period requested, such prospective juror shall not
be deemed guilty of contempt of court.
If service of summons cannot be made by the type of mail service selected,
the clerk of the court issuing such summons shall, as soon as such fact
is determined, re-issue such summons and deliver it to the
sheriff of the county wherein the court is to be held,
at least 10 days before the time of appearance hereinafter mentioned a
summons commanding him to summon the person named therein so selected
for the regular panel to appear before such court at or before the hour
of 11:00 a. m. upon the date of appearance of the grand jurors
established pursuant to Section 112-3 of the "Code of Criminal Procedure
of 1963", approved August 14, 1963, as now and hereafter amended, to
constitute a grand jury or at such time and date as the court may order
for such re-issued summons. The sheriff shall serve such summons in the
manner provided in Section 11 of this Act, for service of summons by the
sheriff on petit jurors, and for any refusal or neglect so to do, shall
be deemed guilty of contempt of court and may be fined therefor as
provided in Section 11 of this Act, for default in summoning petit
jurors. If for any reason the panel is not full at the opening of such
court, the judge shall direct the sheriff to summon, at random, such
number of persons named in the supplemental panel as the judge may
determine to make available to fill the panel of grand jurors, and if
the supplemental panel be exhausted without filling the grand jury
panel, the judge shall select by lot from the jury list and direct the
sheriff to summon a sufficient number of persons having the
qualifications of jurors, as provided by this Act, to fill the panel;
however, the court or judge may direct the clerk, at any time prior to
the issuance of the summons for the regular panel, to include in the
summons any specified number of the names listed on the supplemental
panel, in the order in which they appear, starting with the first and
counting consecutively, so that the persons so designated may be
available in court for the filling of the grand jury panel, in which
case the clerk shall also summon such supplemental panelist as is provided
in this Section for service on regular panel
selections. In counties having jury commissioners, the names of the
persons to constitute the regular and supplemental panels shall be drawn
in the manner provided for the drawing of names of persons to serve as
petit jurors in such counties; the 16 names to provide the regular panel
shall be first drawn, and thereupon 12 names for the supplemental panel
shall be drawn and listed on that panel in the order in which they are drawn.
(Source: P.A. 85-690.)
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