(725 ILCS 5/122-2.2)
Sec. 122-2.2. Intellectual disability and post-conviction relief.
(a) (Blank).
(b) All other provisions of this Article governing petitions for
post-conviction relief shall apply to a petition for post-conviction relief
alleging an intellectual disability.
(Source: P.A. 103-51, eff. 1-1-24 .) |
(725 ILCS 5/122-3) (from Ch. 38, par. 122-3)
Sec. 122-3.
Waiver of claims.
Any claim of substantial denial of constitutional rights not raised in
the original or an amended petition is waived.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
Sec. 122-4. Pauper petitions. If the petition is not dismissed pursuant
to Section 122-2.1, and alleges that the petitioner is unable to pay the costs
of the proceeding, the court may order that the petitioner be permitted to
proceed as a poor person and order a transcript of the proceedings
delivered to petitioner in accordance with Rule of the Supreme Court. If
the petitioner 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, and
the petition is not dismissed pursuant to Section 122-2.1, the
court shall appoint counsel if satisfied that the petitioner has no means
to procure counsel.
A petitioner who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that purports to be a
legal document seeking post-conviction
relief under this Article against the State, the Illinois Department of
Corrections, the Prisoner Review Board, or any of their officers or employees
in which the court makes a specific
finding that the pleading, motion, or other filing that purports to be a legal
document is frivolous shall not
proceed as a poor person and shall be liable for the full payment of filing
fees and actual
court costs as provided in Article XXII of the Code of Civil Procedure.
The court, at the conclusion of the proceedings upon receipt of a
petition by the appointed counsel, shall determine a reasonable amount to
be allowed an indigent defendant's counsel other than the Public Defender
or the State Appellate Defender for compensation and reimbursement of
expenditures necessarily incurred in the proceedings. The compensation
shall not exceed $500 in each case, except that, in extraordinary
circumstances, payment in excess of the limits herein stated may be made if
the trial court certifies that the payment is necessary to provide fair
compensation for protracted representation, and the amount is approved by the
chief judge of the circuit. The court shall enter an order directing the
county treasurer of the county where the case was tried to pay the amount
thereby allowed by the court. The court may order the provisional payment
of sums during the pendency of the cause.
(Source: P.A. 103-51, eff. 1-1-24 .)
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(725 ILCS 5/122-5) (from Ch. 38, par. 122-5)
Sec. 122-5.
Proceedings on petition.)
Within 30 days after the making of an order pursuant to subsection (b) of
Section 122-2.1, or within
such further time as the court may set, the State shall answer or move to
dismiss. In the event that a motion to dismiss is filed and denied, the
State must file an answer within 20 days after such denial. No other or
further pleadings shall be filed except as the court
may order on its own motion or on that of either party. The court may in
its discretion grant leave, at any stage of the proceeding prior to entry
of judgment, to withdraw the petition. The court may in its discretion make
such order as to amendment of the petition or any other pleading, or as to
pleading over, or filing further pleadings, or extending the time of filing
any pleading other than the original petition, as shall be appropriate,
just and reasonable and as is generally provided in civil cases.
(Source: P.A. 83-942.)
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