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705 ILCS 405/5-605

    (705 ILCS 405/5-605)
    Sec. 5-605. Trials, pleas, guilty but mentally ill and not guilty by reason of insanity.
    (1) Method of trial. All delinquency proceedings shall be heard by the court except those proceedings under this Act where the right to trial by jury is specifically set forth. At any time a minor may waive his or her right to trial by jury.
    (2) Pleas of guilty and guilty but mentally ill.
        (a) Before or during trial, a plea of guilty may be
    
accepted when the court has informed the minor of the consequences of his or her plea and of the maximum penalty provided by law which may be imposed upon acceptance of the plea. Upon acceptance of a plea of guilty, the court shall determine the factual basis of a plea.
        (b) Before or during trial, a plea of guilty but
    
mentally ill may be accepted by the court when:
            (i) the minor has undergone an examination by a
        
clinical psychologist or psychiatrist and has waived his or her right to trial; and
            (ii) the judge has examined the psychiatric or
        
psychological report or reports; and
            (iii) the judge has held a hearing, at which
        
either party may present evidence, on the issue of the minor's mental health and, at the conclusion of the hearing, is satisfied that there is a factual basis that the minor was mentally ill at the time of the offense to which the plea is entered.
    (3) Trial by the court.
        (a) A trial shall be conducted in the presence of the
    
minor unless he or she waives the right to be present. At the trial, the court shall consider the question whether the minor is delinquent. The standard of proof and the rules of evidence in the nature of criminal proceedings in this State are applicable to that consideration.
        (b) Upon conclusion of the trial the court shall
    
enter a general finding, except that, when the affirmative defense of insanity has been presented during the trial and acquittal is based solely upon the defense of insanity, the court shall enter a finding of not guilty by reason of insanity. In the event of a finding of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission.
        (c) When the minor has asserted a defense of
    
insanity, the court may find the minor guilty but mentally ill if, after hearing all of the evidence, the court finds that:
            (i) the State has proven beyond a reasonable
        
doubt that the minor is guilty of the offense charged; and
            (ii) the minor has failed to prove his or her
        
insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012, and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and
            (iii) the minor has proven by a preponderance of
        
the evidence that he was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
    (4) Trial by court and jury.
        (a) Questions of law shall be decided by the court
    
and questions of fact by the jury.
        (b) The jury shall consist of 12 members.
        (c) Upon request the parties shall be furnished with
    
a list of prospective jurors with their addresses if known.
        (d) Each party may challenge jurors for cause. If a
    
prospective juror has a physical impairment, the court shall consider the prospective juror's ability to perceive and appreciate the evidence when considering a challenge for cause.
        (e) A minor tried alone shall be allowed 7 peremptory
    
challenges; except that, in a single trial of more than one minor, each minor shall be allowed 5 peremptory challenges. If several charges against a minor or minors are consolidated for trial, each minor shall be allowed peremptory challenges upon one charge only, which single charge shall be the charge against that minor authorizing the greatest maximum penalty. The State shall be allowed the same number of peremptory challenges as all of the minors.
        (f) After examination by the court, the jurors may be
    
examined, passed upon, accepted and tendered by opposing counsel as provided by Supreme Court Rules.
        (g) After the jury is impaneled and sworn, the court
    
may direct the selection of 2 alternate jurors who shall take the same oath as the regular jurors. Each party shall have one additional peremptory challenge for each alternate juror. If before the final submission of a cause a member of the jury dies or is discharged, he or she shall be replaced by an alternate juror in the order of selection.
        (h) A trial by the court and jury shall be conducted
    
in the presence of the minor unless he or she waives the right to be present.
        (i) After arguments of counsel the court shall
    
instruct the jury as to the law.
        (j) Unless the affirmative defense of insanity has
    
been presented during the trial, the jury shall return a general verdict as to each offense charged. When the affirmative defense of insanity has been presented during the trial, the court shall provide the jury not only with general verdict forms but also with a special verdict form of not guilty by reason of insanity, as to each offense charged, and in the event the court shall separately instruct the jury that a special verdict of not guilty by reason of insanity may be returned instead of a general verdict but the special verdict requires a unanimous finding by the jury that the minor committed the acts charged but at the time of the commission of those acts the minor was insane. In the event of a verdict of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission. When the affirmative defense of insanity has been presented during the trial, the court, where warranted by the evidence, shall also provide the jury with a special verdict form of guilty but mentally ill, as to each offense charged and shall separately instruct the jury that a special verdict of guilty but mentally ill may be returned instead of a general verdict, but that the special verdict requires a unanimous finding by the jury that: (i) the State has proven beyond a reasonable doubt that the minor is guilty of the offense charged; and (ii) the minor has failed to prove his or her insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012 and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and (iii) the minor has proven by a preponderance of the evidence that he or she was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
        (k) When, at the close of the State's evidence or at
    
the close of all of the evidence, the evidence is insufficient to support a finding or verdict of guilty the court may and on motion of the minor shall make a finding or direct the jury to return a verdict of not guilty, enter a judgment of acquittal and discharge the minor.
        (l) When the jury retires to consider its verdict, an
    
officer of the court shall be appointed to keep them together and to prevent conversation between the jurors and others; however, if any juror is deaf, the jury may be accompanied by and may communicate with a court-appointed interpreter during its deliberations. Upon agreement between the State and minor or his or her counsel, and the parties waive polling of the jury, the jury may seal and deliver its verdict to the clerk of the court, separate, and then return the verdict in open court at its next session.
        (m) In a trial, any juror who is a member of a panel
    
or jury which has been impaneled and sworn as a panel or as a jury shall be permitted to separate from other jurors during every period of adjournment to a later day, until final submission of the cause to the jury for determination, except that no such separation shall be permitted in any trial after the court, upon motion by the minor or the State or upon its own motion, finds a probability that prejudice to the minor or to the State will result from the separation.
        (n) The members of the jury shall be entitled to take
    
notes during the trial, and the sheriff of the county in which the jury is sitting shall provide them with writing materials for this purpose. The notes shall remain confidential, and shall be destroyed by the sheriff after the verdict has been returned or a mistrial declared.
        (o) A minor tried by the court and jury shall only be
    
found guilty, guilty but mentally ill, not guilty or not guilty by reason of insanity, upon the unanimous verdict of the jury.
(Source: P.A. 97-1150, eff. 1-25-13.)