(725 ILCS 5/122-2.1)
(from Ch. 38, par. 122-2.1)
(a) Within 90 days after the filing and docketing of each
petition, the court shall examine such petition and enter an order thereon
pursuant to this Section.
(1) If the petitioner is under sentence of death and
is without counsel and alleges that he is without means to procure counsel, he shall state whether or not he wishes counsel to be appointed to represent him. If appointment of counsel is so requested, the court shall appoint counsel if satisfied that the petitioner has no means to procure counsel.
(2) If the petitioner is sentenced to imprisonment
and the court determines the petition is frivolous or is patently without merit, it shall dismiss the petition in a written order, specifying the findings of fact and conclusions of law it made in reaching its decision. Such order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.
(b) If the petition is not dismissed pursuant to this Section, the court
shall order the petition to be docketed for further consideration in accordance
with Sections 122-4 through 122-6.
If the petitioner is under sentence of death, the court shall order the
petition to be docketed for further consideration and hearing within one year
of the filing of the petition. Continuances may be granted as the court deems
(c) In considering a petition pursuant to this Section, the court may
examine the court file of the proceeding in which the petitioner was convicted,
any action taken by an appellate court in such proceeding and any transcripts
of such proceeding.
(Source: P.A. 93-605, eff. 11-19-03.)