102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1859

 

Introduced 2/26/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/106D-1
725 ILCS 5/106D-5 new

    Amends the Code of Criminal Procedure of 1963. Provides that the chief judge of the circuit by rule may permit the personal appearance of the defendant by means of two-way audio-visual communication, including closed circuit television and computerized video conference, at a hearing at which no witness testimony will be taken concerning the defendant's fitness to stand trial: (1) 90-day hearings; (2) trials with special provisions and assistance; (3) discharge hearings; and (4) proceedings after acquittal by reason of insanity. Provides that, subject to appropriation, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services facilities treating persons unfit to stand trial or not guilty by reason of insanity. Provides that the purpose of the pilot project is to determine the feasibility and desirability of using video conference technology for hearings involving persons who are unfit to stand trial and persons who have been determined not guilty by reason of insanity. Provides that the Department of Human Services and the Administrative Office of the Illinois Courts shall submit a joint report to the General Assembly 6 months after the pilot project between the 2 counties and Department facilities has been operational for at least 2 years. Provides that the report shall: (1) evaluate the effectiveness of the video conference hearing process; and (2) make recommendations concerning the implementation of video conference hearings in all counties. Effective July 1, 2021.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 106D-1 and by adding Section
6106D-5 as follows:
 
7    (725 ILCS 5/106D-1)
8    Sec. 106D-1. Defendant's appearance by closed circuit
9television and video conference.
10    (a) Whenever the appearance in person in court, in either
11a civil or criminal proceeding, is required of anyone held in a
12place of custody or confinement operated by the State or any of
13its political subdivisions, including counties and
14municipalities, the chief judge of the circuit by rule may
15permit the personal appearance to be made by means of two-way
16audio-visual communication, including closed circuit
17television and computerized video conference, in the following
18proceedings:
19        (1) the initial appearance before a judge on a
20    criminal complaint, at which bail will be set;
21        (2) the waiver of a preliminary hearing;
22        (3) the arraignment on an information or indictment at
23    which a plea of not guilty will be entered;

 

 

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1        (4) the presentation of a jury waiver;
2        (5) any status hearing;
3        (6) any hearing conducted under the Sexually Violent
4    Persons Commitment Act at which no witness testimony will
5    be taken; and
6        (7) at any hearing conducted under the Sexually
7    Violent Persons Commitment Act at which no witness
8    testimony will be taken conducted under the following:
9            (A) Section 104-20 of this Code (90-day hearings);
10            (B) Section 104-22 of this Code (trial with
11        special provisions and assistance);
12            (C) Section 104-25 of this Code (discharge
13        hearing); or
14            (D) Section 5-2-4 of the Unified Code of
15        Corrections (proceedings after acquittal by reason of
16        insanity).
17    (b) The two-way audio-visual communication facilities must
18provide two-way audio-visual communication between the court
19and the place of custody or confinement, and must include a
20secure line over which the person in custody and his or her
21counsel, if any, may communicate.
22    (c) Nothing in this Section shall be construed to prohibit
23other court appearances through the use of two-way
24audio-visual communication, upon waiver of any right the
25person in custody or confinement may have to be present
26physically.

 

 

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1    (d) Nothing in this Section shall be construed to
2establish a right of any person held in custody or confinement
3to appear in court through two-way audio-visual communication
4or to require that any governmental entity, or place of
5custody or confinement, provide two-way audio-visual
6communication.
7(Source: P.A. 95-263, eff. 8-17-07.)
 
8    (725 ILCS 5/106D-5 new)
9    Sec. 106D-5. Pilot project; reporting.
10    (a) Subject to appropriation, the Department of Human
11Services and the Administrative Office of the Illinois Courts
12shall implement a pilot project between the circuit courts in
132 counties and Department of Human Services facilities
14treating persons unfit to stand trial or not guilty by reason
15of insanity.
16    (b) The purpose of the pilot project is to determine the
17feasibility and desirability of using video conference
18technology for hearings involving persons who are unfit to
19stand trial and persons who have been determined not guilty by
20reason of insanity. The Department of Human Services and the
21Administrative Office of the Illinois Courts shall review the
22video conference technology and develop guidelines for the
23specific technology, means of private conferencing between the
24defendant and his or her attorney during the hearings, and any
25specific determinations that are not suitable for video

 

 

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1conference hearings. The Department of Human Services and the
2Administrative Office of the Illinois Courts shall submit a
3joint report to the General Assembly 6 months after the pilot
4project between the 2 counties and Department facilities has
5been operational for at least 2 years. Individual defendants,
6State's Attorneys, defense attorneys, and other personnel may
7submit comments to be considered in preparing the joint
8report. Presiding judges may submit comments to either the
9Department of Human Services or to the Administrative Office
10of the Illinois Courts. All comments submitted only to the
11Administrative Office of the Illinois Courts shall be
12confidential and also may contain the reporting judge's
13observations, comments, or recommendations. The reports shall:
14        (1) evaluate the effectiveness of the video conference
15    hearing process; and
16        (2) make recommendations concerning the implementation
17    of video conference hearings in all counties.
18    (c) The Department of Human Services shall provide all
19necessary administrative support for the pilot project.
 
20    Section 99. Effective date. This Act takes effect July 1,
212021.