(725 ILCS 5/102-7.1) Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinois Vehicle Code, a violation of subsection (d) of Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code if the crash results in injury and the person failed to report the crash within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code of 2012, a violation of paragraph (5) or (6) of subsection (b) of Section 10-9 of the Criminal Code of 2012, a violation of subsection (b) or (c) or paragraph (1) or (2) of subsection (a) of Section 11-1.50 of the Criminal Code of 2012, a violation of Section 12-7 of the Criminal Code of 2012 if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, a violation of Section 12-7.5 of the Criminal Code of 2012 if the action results in bodily harm, a violation of paragraph (3) of subsection (b) of Section 17-2 of the Criminal Code of 2012, a violation of subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a violation of paragraph (6) of subsection (a) of Section 24-1 of the Criminal Code of 2012, a first violation of Section 24-1.6 of the Criminal Code of 2012 by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012 are present, a Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners Identification Card Act, or a violation of Section 10 of the Sex Offender Registration Act. (Source: P.A. 102-982, eff. 7-1-23 .) |
(725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the
person making the arrest shall inform the person arrested that a warrant
has been issued for his arrest and the nature of the offense specified
in the warrant.
(b) After an arrest without a warrant the person making the arrest
shall inform the person arrested of the nature of the offense on which
the arrest is based.
(b-5) This subsection is intended to implement and be interpreted consistently with the Vienna Convention on Consular Relations, to which the United States is a party. Article 36 of that Convention guarantees that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. It does not create any new substantive State right or remedy. (1) In accordance with federal law and the provisions |
| of this Section, the law enforcement official in charge of a custodial facility shall ensure that any individual booked and detained at the facility, within 48 hours of booking or detention, shall be advised that if that individual is a foreign national, he or she has a right to communicate with an official from the consulate of his or her country. This subsection (b-5) does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.
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(2) If the foreign national requests consular
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| notification or the notification is mandatory by law, the law enforcement official in charge of the custodial facility shall ensure the notice is given to the appropriate officer at the consulate of the foreign national in accordance with the U.S. Department of State Instructions for Consular Notification and Access.
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(3) The law enforcement official in charge of the
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| custodial facility where a foreign national is located shall ensure that the foreign national is allowed to communicate with, correspond with, and be visited by, a consular officer of his or her country.
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(c) No person arrested for a traffic, regulatory or misdemeanor
offense, except in cases involving weapons or a controlled substance,
shall be strip searched unless there is reasonable belief that the
individual is concealing a weapon or controlled substance.
(d) "Strip search" means having an arrested person remove or arrange
some or all of his or her clothing so as to permit a visual inspection
of the genitals, buttocks, anus, female breasts or undergarments of such
person.
(e) All strip searches conducted under this Section shall be
performed by persons of the same sex as the arrested person and on
premises where the search cannot be observed by persons not physically
conducting the search.
(f) Every peace officer or employee of a police department
conducting a strip search shall:
(1) Obtain the written permission of the police
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| commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
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(2) Prepare a report of the strip search. The report
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| shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
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(g) No search of any body cavity other than the mouth shall be
conducted without a duly executed search warrant; any warrant
authorizing a body cavity search shall specify that the search must be
performed under sanitary conditions and conducted either by or under the
supervision of a physician licensed to practice medicine in all of its
branches in this State.
(h) Any peace officer or employee who knowingly or intentionally
fails to comply with any provision of this Section, except subsection (b-5) of this Section, is guilty of official
misconduct as provided in Section 103-8; provided however, that nothing
contained in this Section shall preclude prosecution of a peace officer
or employee under another section of this Code.
(i) Nothing in this Section shall be construed as limiting any
statutory or common law rights of any person for purposes of any civil
action or injunctive relief.
(j) The provisions of subsections (c) through (h) of this Section
shall not apply when the person is taken into custody by or remanded to
the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 99-190, eff. 1-1-16 .)
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(725 ILCS 5/103-2.1)
Sec. 103-2.1. When statements by accused may be used.
(a) In this Section, "custodial interrogation" means any interrogation
during which (i) a reasonable person in the subject's position would consider
himself or herself to be in custody and (ii) during which
a question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "place of detention" means a building or a police station
that is a place of operation for a municipal police department or county
sheriff department or other law enforcement agency, not a courthouse, that
is owned or operated by a
law enforcement agency at which persons are or may be held in detention in
connection with criminal charges against those persons.
In this Section, "electronic recording" includes motion picture,
audiotape, or videotape, or digital recording.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee: (1) continuously reads to the minor, in its entirety |
| and without stopping for purposes of a response from the minor or verifying comprehension, the following statement: "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."; and
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(2) after reading the statement required by paragraph
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| (1) of this subsection (a-5), the public official or employee shall ask the minor the following questions and wait for the minor's response to each question:
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(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(a-10) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 99th General Assembly shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 unless:
(1) an electronic recording is made of the custodial
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(2) the recording is substantially accurate and not
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(b) An oral, written, or sign language statement of an accused made as a
result of a
custodial
interrogation conducted at a police station or other place of detention shall be presumed
to be inadmissible as
evidence against the
accused in any
criminal
proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
unless:
(1) an electronic recording is made of the custodial
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(2) the recording is substantially accurate and not
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(b-5) Under the following circumstances, an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:
(1) in any criminal proceeding brought under Section
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| 11-1.40 or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2014;
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(2) in any criminal proceeding brought under Section
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| 10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2015; and
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(3) in any criminal proceeding brought under Section
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| 11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2016.
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(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section, the accused makes a statement that creates a reasonable suspicion to believe the accused has committed an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the accused's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of an accused made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding, unless the recording is substantially accurate and not intentionally altered.
(c) Every electronic recording made under this Section
must be preserved
until such time as the
defendant's conviction
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
defendant
was
subjected to a custodial interrogation in violation of this Section, then any
statements made
by the
defendant during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding against the defendant except for the purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
accused in open court at his or her trial, before a grand jury, or at
a preliminary hearing, (ii)
of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section, because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness,
(iv) of a spontaneous statement that is
not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made
during a custodial interrogation by a suspect who requests, prior to making the
statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii) of a
statement made
during a custodial
interrogation that is conducted out-of-state, (viii)
of a statement
given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact
occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded under subsection (b-5), or (x) of any other
statement that may be
admissible under law. The State shall bear the burden of proving, by a
preponderance of the evidence, that one of the exceptions described in this
subsection (e) is
applicable.
Nothing in
this Section precludes the admission of a statement, otherwise inadmissible
under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by an accused during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17 .)
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(725 ILCS 5/103-3.5) Sec. 103-3.5. Right to communicate with attorney and family; transfers; presumption of inadmissibility. (a) Persons who are in police custody shall have the right to communicate free of charge with an attorney of his or her choice and members of his or her family as soon as possible upon being taken into police custody, but no later than 3 hours of arrival at the first place of detention. Persons in police custody must be given access to use a telephone via a landline or cellular phone to make 3 telephone calls. (b) In accordance with Section 103-7, at every police facility where a person is in police custody, a sign containing at minimum, the following information in bold block type must be posted in a conspicuous place: (1) a short statement notifying persons who are in |
| police custody of their right to have access to a phone within 3 hours of being taken into police custody; and
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(2) that persons who are in police custody have the
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| right to make 3 phone calls within 3 hours of being taken into custody, at no charge.
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(c) In addition to the information listed in subsection (b), if the place of detention is located in a jurisdiction where the court has appointed the public defender or other attorney to represent persons who are in police custody, the telephone number to the public defender or other attorney's office must also be displayed. The telephone call to the public defender or other attorney must not be monitored, eavesdropped upon, or recorded.
(d) If a person who is in police custody is transferred to a new place of detention, that person's right to make 3 telephone calls under this Section within 3 hours of arrival is renewed.
(e) Statements made by a person who is detained in police custody in violation of this section are presumed inadmissible in court as evidence. The presumption of inadmissibility may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances. As used in this subsection, "totality of the circumstances" includes, but is not limited to, evidence that law enforcement knowingly prevented or delayed a person's right to communicate or failed to comply with the requirements of this Section.
(f) The 3-hour requirement under this Section shall not apply while the person in police custody is asleep, unconscious, or otherwise incapacitated or an exigent circumstance prevents the officers from timely complying with this Section. If this occurs, it must be documented within the police report detailing the exigent circumstance. Once the exigent circumstance ends, the right to make 3 phone calls within 3 hours resumes.
(g) In accordance with this Section, the following records shall be maintained: (i) the number of phone calls the person made while in custody; (ii) the time or times the person made phone calls; and (iii) if the person did not make any phone calls, a statement of the reason or reasons why no calls were made.
(h) For purposes of this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, other than a courthouse, that is owned or operated by a law enforcement agency, or other building, such as a school or hospital, where persons are held in detention in connection with criminal charges against those persons.
(Source: P.A. 102-694, eff. 1-7-22.)
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(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.) (a) Every person in custody in this State for an alleged offense shall
be tried by the court having jurisdiction within 120 days from the date he or she
was taken into custody unless delay is occasioned by the defendant, by an
examination for fitness ordered pursuant to Section 104-13 of this Act, by
a fitness hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act after a court's
determination of the defendant's physical incapacity for trial, or by an
interlocutory appeal. Delay shall be considered to be agreed to by the
defendant unless he or she objects to the delay by making a written demand for
trial or an oral demand for trial on the record. The provisions of this subsection
(a) do not apply to a person on pretrial release or recognizance for an offense
but who is in custody for a violation of his or her parole, aftercare release, or mandatory
supervised release for another offense.
The 120-day term must be one continuous period of incarceration. In
computing the 120-day term, separate periods of incarceration may not be
combined. If a defendant is taken into custody a second (or subsequent) time
for the same offense, the term will begin again at day zero.
(b) Every person on pretrial release or recognizance shall be tried by the court
having jurisdiction within 160 days from the date defendant demands
trial unless delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a continuance
allowed pursuant to Section 114-4 of this Act after a court's determination
of the defendant's physical incapacity for trial, or by an interlocutory
appeal. The defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made under this
subsection.
For purposes of computing the 160 day period under this subsection (b),
every person who was in custody for an alleged offense and demanded trial
and is subsequently released on pretrial release or recognizance and demands trial,
shall be given credit for time spent in custody following the making of the
demand while in custody. Any demand for trial made under this
subsection (b)
shall be in writing; and in the
case of a defendant not in custody, the
demand for trial shall include the date of any prior demand made under this
provision while the defendant was in custody.
(c) If the court determines that the State has exercised without
success due diligence to obtain evidence material to the case and that
there are reasonable grounds to believe that such evidence may be
obtained at a later day the court may continue the cause on application
of the State for not more than an additional 60 days. If the court
determines that the State has exercised without success due diligence to
obtain results of DNA testing that is material to the case and that there
are reasonable grounds to believe that such results may be obtained at a
later day, the court may continue the cause on application of the State for
not more than an additional 120 days.
(d) Every person not tried in accordance with subsections (a), (b)
and (c) of this Section shall be discharged from custody or released
from the obligations of his pretrial release or recognizance.
(e) If a person is simultaneously in custody upon more than one
charge pending against him in the same county, or simultaneously demands
trial upon more than one charge pending against him in the same county,
he shall be tried, or adjudged guilty after waiver of trial, upon at
least one such charge before expiration relative to any of such pending
charges of the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining charges
thus pending within 160 days from the date on which judgment relative to
the first charge thus prosecuted is rendered pursuant to the Unified Code of
Corrections or, if such trial upon such first charge is terminated
without judgment and there is no subsequent trial of, or adjudication of
guilt after waiver of trial of, such first charge within a reasonable
time, the person shall be tried upon all of the remaining charges thus
pending within 160 days from the date on which such trial is terminated;
if either such period of 160 days expires without the commencement of
trial of, or adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is occasioned
by the defendant, by an examination for fitness ordered pursuant to
Section 104-13 of this Act, by a fitness hearing, by an adjudication
of unfitness for trial, by a continuance allowed pursuant to Section
114-4 of this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has exercised
without success due diligence to obtain evidence material to the case
and that there are reasonable grounds to believe that such evidence may
be obtained at a later day the court may continue the cause on
application of the State for not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily suspend for
the time of the delay the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section and on the
day of expiration of the delay the said period shall continue at the
point at which it was suspended. Where such delay occurs within 21 days
of the end of the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section, the court
may continue the cause on application of the State for not more than an
additional 21 days beyond the period prescribed by subsections (a), (b), or
(e). This subsection (f) shall become effective on, and apply to persons
charged with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 101-652, eff. 1-1-23 .)
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(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
Sec. 104-15. Report. (a) The person or persons conducting an examination
of the defendant, pursuant to paragraph (a) or (b) of Section 104-13 shall
submit a written report to the court, the State, and the defense within
30 days of the date of the order. The
report shall include:
(1) A diagnosis and an explanation as to how it was |
| reached and the facts upon which it is based;
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(2) A description of the defendant's mental or
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| physical disability, if any; its severity; and an opinion as to whether and to what extent it impairs the defendant's ability to understand the nature and purpose of the proceedings against him or to assist in his defense, or both.
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(b) If the report indicates that the defendant is not fit to stand trial
or to plead because of a disability, the report shall include an opinion
as to the likelihood of the defendant attaining fitness within a period of time from the date of the finding of unfitness if
provided with a course of treatment. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the maximum term of imprisonment for the most serious offense. If the person or persons preparing
the report are unable to form such an opinion, the report shall state the
reasons therefor. The report may include a general description of the
type of treatment needed and of the least physically restrictive form of
treatment therapeutically appropriate.
(c) The report shall indicate what information, if any, contained therein
may be harmful to the mental condition of the defendant if made known to him.
(d) In addition to the report, a person retained or appointed by the State or the defense to conduct an examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. All forensic interviews conducted by a person retained or appointed by the State or the defense shall be videotaped unless doing so would be impractical. In the event that the interview is not videotaped, the examiner may still testify as to the person's fitness and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. An examiner may use these materials as part of his or her diagnosis and explanation but shall not otherwise disclose the contents, including at a hearing before the court, except as otherwise provided in Section 104-14 of this Code.
(Source: P.A. 100-424, eff. 1-1-18 .)
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant
is eligible to be or has been released on pretrial release or on his own recognizance,
the court shall select the least physically restrictive form of treatment
therapeutically appropriate and consistent with the treatment plan. The placement may be ordered either on an inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may order him placed
for secure treatment in the custody of the Department of Human Services, or the court may order him placed in
the custody of any other
appropriate public or private mental health facility or treatment program
which has agreed to provide treatment to the defendant. If the most serious charge faced by the defendant is a misdemeanor, the court shall order outpatient treatment, unless the court finds good cause on the record to order inpatient treatment. If the court orders the defendant to inpatient treatment in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine the most appropriate secure facility to receive the defendant and, within 20 days of the transmittal by the clerk of the circuit court of the court's placement order, notify the court of the designated facility to receive the defendant. The Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. If placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. Once bed and placement availability is determined, the Department shall notify the sheriff who shall promptly transport the defendant to the designated facility. If the defendant
is placed in the custody of the Department of Human Services, the defendant shall be placed in a
secure setting. During
the period of time required to determine bed and placement availability at the designated facility, the
defendant shall remain in jail. If during the course of evaluating the defendant for placement, the Department of Human Services determines that the defendant is currently fit to stand trial, it shall immediately notify the court and shall submit a written report within 7 days. In that circumstance the placement shall be held pending a court hearing on the Department's report. Otherwise, upon completion of the placement process, including identifying bed and placement availability, the
sheriff shall be notified and shall transport the defendant to the designated
facility. If, within 60 days of the transmittal by the clerk of the circuit court of the court's placement order, the Department fails to provide the sheriff with notice of bed and placement availability at the designated facility, the sheriff shall contact the Department to inquire about when a placement will become available at the designated facility as well as bed and placement availability at other secure facilities. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility. The placement may be ordered either on an inpatient or an outpatient
basis.
(c) If the defendant's disability is physical, the court may order him
placed under the supervision of the Department of Human
Services
which shall place and maintain the defendant in a suitable treatment facility
or program, or the court may order him placed in an appropriate public or
private facility or treatment program which has agreed to provide treatment
to the defendant. The placement may be ordered either on an inpatient or
an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of the entry of the order transmit to the Department, agency
or institution, if any, to which the defendant is remanded for treatment, the
following:
(1) a certified copy of the order to undergo |
| treatment. Accompanying the certified copy of the order to undergo treatment shall be the complete copy of any report prepared under Section 104-15 of this Code or other report prepared by a forensic examiner for the court;
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(2) the county and municipality in which the offense
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(3) the county and municipality in which the arrest
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(4) a copy of the arrest report, criminal charges,
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(5) all additional matters which the Court directs
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(e) Within 30 days of admission to the designated facility, the person
supervising the defendant's treatment shall file with the court, the State,
and the defense a report assessing the facility's or program's capacity
to provide appropriate treatment for the defendant and indicating his opinion
as to the probability of the defendant's attaining fitness within a period
of time from the date of the finding of unfitness. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the sentence if convicted of the most serious offense. If the report indicates
that there is a substantial probability that the defendant will attain fitness
within the time period, the treatment supervisor shall also file a treatment
plan which shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
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| rendering the defendant fit, a specification of the proposed treatment modalities, and an estimated timetable for attainment of the goals;
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(3) An identification of the person in charge of
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| supervising the defendant's treatment.
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(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
Sec. 104-18. Progress reports. (a) The treatment supervisor shall submit
a written progress report to the court, the State, and the defense:
(1) At least 7 days prior to the date for any hearing |
| on the issue of the defendant's fitness;
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(2) Whenever he believes that the defendant has
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(3) Whenever he believes that there is not a
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| substantial probability that the defendant will attain fitness, with treatment, within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness.
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(b) The progress report shall contain:
(1) The clinical findings of the treatment supervisor
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| and the facts upon which the findings are based;
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|
(2) The opinion of the treatment supervisor as to
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| whether the defendant has attained fitness or as to whether the defendant is making progress, under treatment, toward attaining fitness within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness;
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|
(3) If the defendant is receiving medication,
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| information from the prescribing physician indicating the type, the dosage and the effect of the medication on the defendant's appearance, actions and demeanor.
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(c) Whenever the court is sent a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of this Section, the treatment provider shall arrange with the county jail for the immediate return of the defendant to the county jail under subsection (e) of Section 104-20 of this Code.
(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18 .)
|
(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
Sec. 104-20. Ninety-day hearings; continuing treatment.) (a) Upon entry
or continuation of any order to undergo treatment, the court shall set a
date for hearing to reexamine the issue of the defendant's fitness not more
than 90 days thereafter. In addition, whenever the court receives a report
from the supervisor of the defendant's treatment pursuant to subparagraph
(3) of paragraph (a) of Section 104-18, the court shall forthwith
set the matter for a first hearing within 14 days unless good cause is demonstrated why the hearing cannot be held. On the date set or upon conclusion of the matter
then pending before it, the court, sitting without a jury, shall conduct
a hearing, unless waived by the defense, and shall determine:
(1) Whether the defendant is fit to stand trial or to |
|
(2) Whether the defendant is making progress under
|
| treatment toward attainment of fitness within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness.
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|
(b) If the court finds the defendant to be fit pursuant to this Section,
the court shall set the matter for trial; provided that if the defendant
is in need of continued care or treatment and the supervisor of the defendant's
treatment agrees to continue to provide it, the court may enter any order
it deems appropriate for the continued care or treatment of the defendant
by the facility or program pending the conclusion of the criminal proceedings.
(c) If the court finds that the defendant is still unfit but that he is
making progress toward attaining fitness, the court may continue or modify
its original treatment order entered pursuant to Section 104-17.
(d) If the court finds that the defendant is still unfit and that he is
not making progress toward attaining fitness such that there is not a
substantial probability that he will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from
the date of the original finding of unfitness, the court shall proceed pursuant
to Section 104-23. However, if the defendant is in need of continued care
and treatment and the supervisor of the defendant's treatment agrees to
continue to provide it, the court may enter any order it deems appropriate
for the continued care or treatment by the facility or program pending the
conclusion of the criminal proceedings.
(e) Whenever the court receives a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of Section 104-18 of this Code, the court shall immediately enter an order directing the sheriff to return the defendant to the county jail and set the matter for trial. At any time the issue of the defendant's fitness can be raised again under Section 104-11 of this Code. If the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
|
(725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
Sec. 104-23. Unfit defendants. Cases involving an unfit defendant who
demands a discharge hearing or a defendant who cannot become fit to stand
trial and for whom no special provisions or assistance can compensate for
his disability and render him fit shall proceed in the following manner:
(a) Upon a determination that there is not a substantial probability
that the defendant will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from the original
finding of unfitness, the court shall hold a discharge hearing within 60 days, unless good cause is shown for the delay.
(b) If at any time the court determines that there is not a substantial
probability that the defendant will become fit to stand trial or to plead
within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness,
or if at the end of the time period set in subsection (e) of Section 104-17 of this Code from that date the court finds the defendant
still unfit and for whom no special provisions or assistance can compensate
for his disabilities and render him fit, the State shall request the court:
(1) To set the matter for hearing pursuant to Section |
| 104-25 unless a hearing has already been held pursuant to paragraph (a) of this Section; or
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|
(2) To release the defendant from custody and to
|
| dismiss with prejudice the charges against him; or
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|
(3) To remand the defendant to the custody of the
|
| Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code, as now or hereafter amended. The Department of Human Services shall have 7 days from the date it receives the defendant to prepare and file the necessary petition and certificates that are required for commitment under the Mental Health and Developmental Disabilities Code. If the defendant is committed to the Department of Human Services pursuant to such hearing, the court having jurisdiction over the criminal matter shall dismiss the charges against the defendant, with the leave to reinstate. In such cases the Department of Human Services shall notify the court, the State's attorney and the defense attorney upon the discharge of the defendant. A former defendant so committed shall be treated in the same manner as any other civilly committed patient for all purposes including admission, selection of the place of treatment and the treatment modalities, entitlement to rights and privileges, transfer, and discharge. A defendant who is not committed shall be remanded to the court having jurisdiction of the criminal matter for disposition pursuant to subparagraph (1) or (2) of paragraph (b) of this Section.
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|
(c) If the defendant is restored to fitness and the original charges
against him are reinstated, the speedy trial provisions of Section 103-5
shall commence to run.
(Source: P.A. 102-1118, eff. 1-18-23.)
|
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a)
of Section 104-23 and subparagraph (1) of paragraph (b) of Section 104-23
a hearing to determine the sufficiency of the evidence shall be held. Such
hearing shall be conducted by the court without a jury. The State and the
defendant may introduce evidence relevant to the question of defendant's
guilt of the crime charged.
The court may admit hearsay or affidavit evidence on secondary matters
such as testimony to establish the chain of possession of physical evidence,
laboratory reports, authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence does not prove the defendant guilty beyond a reasonable
doubt, the court shall enter a judgment of acquittal; however nothing herein
shall prevent the State from requesting the court to commit the defendant to
the Department of Human Services under the provisions of the Mental Health and
Developmental
Disabilities Code.
(c) If the defendant is found not guilty by reason of insanity, the court
shall enter a judgment of acquittal and the proceedings after acquittal
by reason of insanity under Section 5-2-4 of the Unified Code of Corrections
shall apply.
(d) If the discharge hearing does not result in an acquittal of the charge
the defendant may be remanded for further treatment and the one year time
limit set forth in Section 104-23 shall be extended as follows:
(1) If the most serious charge upon which the State |
| sustained its burden of proof was a Class 1 or Class X felony, the treatment period may be extended up to a maximum treatment period of 2 years; if a Class 2, 3, or 4 felony, the treatment period may be extended up to a maximum of 15 months;
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|
(2) If the State sustained its burden of proof on a
|
| charge of first degree murder, the treatment period may be extended up to a maximum treatment period of 5 years.
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|
(e) Transcripts of testimony taken at a discharge hearing may be admitted
in evidence at a subsequent trial of the case, subject to the rules of
evidence,
if the witness who gave such testimony is legally unavailable at the time
of the subsequent trial.
(f) If the court fails to enter an order of acquittal the defendant may
appeal from such judgment in the same manner provided for an appeal from
a conviction in a criminal case.
(g) At the expiration of an extended period of treatment ordered pursuant
to this Section:
(1) Upon a finding that the defendant is fit or can
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| be rendered fit consistent with Section 104-22, the court may proceed with trial.
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|
(2) If the defendant continues to be unfit to stand
|
| trial, the court shall determine whether he or she is subject to involuntary admission under the Mental Health and Developmental Disabilities Code or constitutes a serious threat to the public safety. If so found, the defendant shall be remanded to the Department of Human Services for further treatment and shall be treated in the same manner as a civilly committed patient for all purposes, except that the original court having jurisdiction over the defendant shall be required to approve any conditional release or discharge of the defendant, for the period of commitment equal to the maximum sentence to which the defendant would have been subject had he or she been convicted in a criminal proceeding. During this period of commitment, the original court having jurisdiction over the defendant shall hold hearings under clause (i) of this paragraph (2). However, if the defendant is remanded to the Department of Human Services, the defendant shall be placed in a secure setting unless the court determines that there are compelling reasons why such placement is not necessary.
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|
If the defendant does not have a current treatment
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| plan, then within 3 days of admission under this subdivision (g)(2), a treatment plan shall be prepared for each defendant and entered into his or her record. The plan shall include (i) an assessment of the defendant's treatment needs, (ii) a description of the services recommended for treatment, (iii) the goals of each type of element of service, (iv) an anticipated timetable for the accomplishment of the goals, and (v) a designation of the qualified professional responsible for the implementation of the plan. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days.
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|
Every 90 days after the initial admission under this
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| subdivision (g)(2), the facility director shall file a typed treatment plan report with the original court having jurisdiction over the defendant. The report shall include an opinion as to whether the defendant is fit to stand trial and whether the defendant is currently subject to involuntary admission, in need of mental health services on an inpatient basis, or in need of mental health services on an outpatient basis. The report shall also summarize the basis for those findings and provide a current summary of the 5 items required in a treatment plan. A copy of the report shall be forwarded to the clerk of the court, the State's Attorney, and the defendant's attorney if the defendant is represented by counsel.
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|
The court on its own motion may order a hearing to
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| review the treatment plan. The defendant or the State's Attorney may request a treatment plan review every 90 days and the court shall review the current treatment plan to determine whether the plan complies with the requirements of this Section. The court may order an independent examination on its own initiative and shall order such an evaluation if either the recipient or the State's Attorney so requests and has demonstrated to the court that the plan cannot be effectively reviewed by the court without such an examination. Under no circumstances shall the court be required to order an independent examination pursuant to this Section more than once each year. The examination shall be conducted by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services.
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|
If, during the period within which the defendant is
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| confined in a secure setting, the court enters an order that requires the defendant to appear, the court shall timely transmit a copy of the order or writ to the director of the particular Department of Human Services facility where the defendant resides authorizing the transportation of the defendant to the court for the purpose of the hearing.
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|
(i) 180 days after a defendant is remanded to the
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| Department of Human Services, under paragraph (2), and every 180 days thereafter for so long as the defendant is confined under the order entered thereunder, the court shall set a hearing and shall direct that notice of the time and place of the hearing be served upon the defendant, the facility director, the State's Attorney, and the defendant's attorney. If requested by either the State or the defense or if the court determines that it is appropriate, an impartial examination of the defendant by a psychiatrist or clinical psychologist as defined in Section 1-103 of the Mental Health and Developmental Disabilities Code who is not in the employ of the Department of Human Services shall be ordered, and the report considered at the time of the hearing. If the defendant is not currently represented by counsel the court shall appoint the public defender to represent the defendant at the hearing. The court shall make a finding as to whether the defendant is:
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|
(A) subject to involuntary admission; or
(B) in need of mental health services in the
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| form of inpatient care; or
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|
(C) in need of mental health services but not
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| subject to involuntary admission nor inpatient care.
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|
The findings of the court shall be established by
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| clear and convincing evidence and the burden of proof and the burden of going forward with the evidence shall rest with the State's Attorney. Upon finding by the court, the court shall enter its findings and an appropriate order.
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|
(ii) The terms "subject to involuntary
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| admission", "in need of mental health services in the form of inpatient care" and "in need of mental health services but not subject to involuntary admission nor inpatient care" shall have the meanings ascribed to them in clause (d)(3) of Section 5-2-4 of the Unified Code of Corrections.
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|
(3) If the defendant is not committed pursuant to
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| this Section, he or she shall be released.
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|
(4) In no event may the treatment period be extended
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| to exceed the maximum sentence to which a defendant would have been subject had he or she been convicted in a criminal proceeding. For purposes of this Section, the maximum sentence shall be determined by Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the "Unified Code of Corrections", excluding any sentence of natural life.
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|
(Source: P.A. 95-1052, eff. 7-1-09 .)
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(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
Sec. 104-26. Disposition of Defendants suffering disabilities.
(a) A defendant convicted following a trial conducted under the provisions
of Section 104-22 shall not be sentenced before a written presentence report of
investigation is presented to and considered by the court. The presentence
report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the Unified Code of Corrections, as now or hereafter amended, and shall
include a physical and mental examination unless the court finds that the
reports of prior physical and mental examinations conducted pursuant to
this Article are adequate and recent enough so that additional examinations
would be unnecessary.
(b) (Blank).
(c) A defendant convicted following a trial under Section 104-22 shall
be sentenced according to
the procedures and dispositions authorized under the Unified Code of
Corrections,
as now or hereafter amended, subject to the following provisions:
(1) The court shall not impose a sentence of |
| imprisonment upon the offender if the court believes that because of his disability a sentence of imprisonment would not serve the ends of justice and the interests of society and the offender or that because of his disability a sentence of imprisonment would subject the offender to excessive hardship. In addition to any other conditions of a sentence of conditional discharge or probation the court may require that the offender undergo treatment appropriate to his mental or physical condition.
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|
(2) After imposing a sentence of imprisonment upon an
|
| offender who has a mental disability, the court may remand him to the custody of the Department of Human Services and order a hearing to be conducted pursuant to the provisions of the Mental Health and Developmental Disabilities Code, as now or hereafter amended. If the offender is committed following such hearing, he shall be treated in the same manner as any other civilly committed patient for all purposes except as provided in this Section. If the defendant is not committed pursuant to such hearing, he shall be remanded to the sentencing court for disposition according to the sentence imposed.
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|
(3) If the court imposes a sentence of imprisonment
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| upon an offender who has a mental disability but does not proceed under subparagraph (2) of paragraph (c) of this Section, it shall order the Department of Corrections to proceed pursuant to Section 3-8-5 of the Unified Code of Corrections, as now or hereafter amended.
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|
(3.5) If the court imposes a sentence of
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| imprisonment upon an offender who has a mental disability, the court shall direct the circuit court clerk to immediately notify the Illinois State Police, Firearm Owner's Identification (FOID) Office, in a form and manner prescribed by the Illinois State Police and shall forward a copy of the court order to the Department.
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|
(4) If the court imposes a sentence of imprisonment
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| upon an offender who has a physical disability, it may authorize the Department of Corrections to place the offender in a public or private facility which is able to provide care or treatment for the offender's disability and which agrees to do so.
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|
(5) When an offender is placed with the Department of
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| Human Services or another facility pursuant to subparagraph (2) or (4) of this paragraph (c), the Department or private facility shall not discharge or allow the offender to be at large in the community without prior approval of the court. If the defendant is placed in the custody of the Department of Human Services, the defendant shall be placed in a secure setting unless the court determines that there are compelling reasons why such placement is not necessary. The offender shall accrue good time and shall be eligible for parole in the same manner as if he were serving his sentence within the Department of Corrections. When the offender no longer requires hospitalization, care, or treatment, the Department of Human Services or the facility shall transfer him, if his sentence has not expired, to the Department of Corrections. If an offender is transferred to the Department of Corrections, the Department of Human Services shall transfer to the Department of Corrections all related records pertaining to length of custody and treatment services provided during the time the offender was held.
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|
(6) The Department of Corrections shall notify the
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| Department of Human Services or a facility in which an offender has been placed pursuant to subparagraph (2) or (4) of paragraph (c) of this Section of the expiration of his sentence. Thereafter, an offender in the Department of Human Services shall continue to be treated pursuant to his commitment order and shall be considered a civilly committed patient for all purposes including discharge. An offender who is in a facility pursuant to subparagraph (4) of paragraph (c) of this Section shall be informed by the facility of the expiration of his sentence, and shall either consent to the continuation of his care or treatment by the facility or shall be discharged.
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|
(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24 .)
|
(725 ILCS 5/106-2.5) (from Ch. 38, par. 106-2.5)
Sec. 106-2.5.
Use immunity.
(a) In lieu of the immunity provided in Section 106-2 of this Code, the
State's Attorney may make application to the court that a street gang
member, who testifies on behalf of a public authority in a civil proceeding
brought against a streetgang under the Illinois Streetgang Terrorism
Omnibus Prevention Act, be granted immunity from prosecution in a criminal
case as to any information directly or indirectly derived from the
production of evidence by the streetgang member. The court shall grant
the order of immunity if:
(1) the production of the evidence is necessary to a |
| fair determination of a cause of action under the Illinois Streetgang Terrorism Omnibus Prevention Act; and
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|
(2) the streetgang member has refused or is likely to
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| refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
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|
(b) In lieu of the immunity provided in Section 106-2 of this Code, in any
investigation before a Grand Jury, or trial in any court, the court on motion
of the State shall order that a witness be granted immunity from prosecution in
a criminal case as to any information directly or indirectly derived from the
production of evidence from the witness if the witness has refused or is likely to refuse to produce the
evidence
on the basis of his or her privilege against self-incrimination.
(c) The production of evidence so compelled under the order, and any
information directly or indirectly derived from it, may not be used against
the witness in a criminal case, except in a prosecution for perjury, false
swearing, or an offense otherwise involving a failure to comply with the order.
An order of immunity granted under this Section does not bar prosecution of the
witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the
evidence produced under the order shall be furnished to him or her.
(Source: P.A. 87-932; 88-241; 88-677, eff. 12-15-94.)
|
(725 ILCS 5/106B-5)
Sec. 106B-5. Testimony by a victim who is a child or a
person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability.
(a) In a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, a court may order that
the testimony of a victim who is a child under
the age of 18 years or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability be taken outside
the courtroom and shown in the courtroom by means of a closed
circuit television if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child |
| victim or victim with a moderate, severe, or profound intellectual disability or victim affected by a developmental disability in the courtroom will result in the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability suffering serious emotional distress such that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability cannot reasonably communicate or that the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability will suffer severe emotional distress that is likely to cause the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability to suffer severe adverse effects.
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|
(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability.
(c) The operators of the closed circuit television shall make every
effort to be unobtrusive.
(d) Only the following persons may be in the room with
the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability
when the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability testifies by closed circuit
television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television
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|
(5) any person or persons whose presence, in the
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| opinion of the court, contributes to the well-being of the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability, including a person who has dealt with the child in a therapeutic setting concerning the abuse, a parent or guardian of the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability, and court security personnel.
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|
(e) During the child's or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability's testimony by closed circuit television, the
defendant shall be in the courtroom and shall not communicate with the jury
if the cause is being heard before a jury.
(f) The defendant shall be allowed to communicate with
the persons in the room where the child or person with a moderate, severe, or profound intellectual disability
or person affected by a developmental disability is testifying by any appropriate electronic method.
(f-5) There is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television.
This presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress.
(f-6) Before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of closed circuit television does not prejudice the defendant.
(g) The provisions of this Section do not apply if the defendant
represents himself pro se.
(h) This Section may not be interpreted to preclude, for purposes of
identification of a defendant, the presence of both the victim and the
defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or commenced on or after
the effective date of this amendatory Act of 1994.
(j) For the purposes of this Section, "developmental disability" includes, but is not limited to, cerebral palsy, epilepsy, and autism.
(Source: P.A. 103-164, eff. 1-1-24 .)
|
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by two-way audio-visual communication system.
(a) Whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of a two-way audio-visual communication system, including closed circuit television and computerized video conference, in the following proceedings: (1) the initial appearance before a judge on a |
| criminal complaint as provided in subsection (f) of Section 109-1;
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|
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment
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| at which a plea of not guilty will be entered;
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|
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
|
| Persons Commitment Act at which no witness testimony will be taken; and
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|
(7) at any hearing at which no witness testimony will
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| be taken conducted under the following:
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|
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
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| special provisions and assistance);
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|
(C) Section 104-25 of this Code (discharge
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|
(D) Section 5-2-4 of the Unified Code of
|
| Corrections (proceedings after acquittal by reason of insanity).
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|
(b) The two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit other court appearances through the use of a two-way audio-visual communication system if the person in custody or confinement waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
(d) Nothing in this Section shall be construed to establish a right of any person held in custody or confinement to appear in court through a two-way audio-visual communication system or to require that any governmental entity, or place of custody or confinement, provide a two-way audio-visual communication system.
(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
|
(725 ILCS 5/106G-5) Sec. 106G-5. Commission on Children of Incarcerated Parents created. (a) The Commission on Children of Incarcerated Parents, hereinafter referred to as the Commission, is created within the Department of Human Services and shall reflect the diversity of the State of Illinois, including geographic, racial and ethnic diversity and diversity of life experience. The Commission shall be
responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents. (b) No later than 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the following representatives from relevant stakeholder groups shall be appointed to the Commission by the Lieutenant Governor unless otherwise stated: (1) one female who has previously been incarcerated |
| and has been directly impacted by policies relating to children of incarcerated parents;
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|
(2) two individuals who have been directly impacted
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| by policies relating to children of incarcerated parents, one of whom is between the ages of 17 and 24 at the time of appointment;
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|
(3) three representatives from community-based
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| providers or community organizations that provide services to address the trauma of incarceration through social services, advocacy, or the provision of legal services;
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|
(4) one individual who has been directly impacted by
|
| the Department of Juvenile Justice policies relating to children of incarcerated parents and is between the ages of 17 and 24 at the time of appointment;
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|
(5) the Lieutenant Governor, or his or her designee;
(6) the Secretary of Human Services, or his or her
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|
(7) the Director of Children and Family Services, or
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|
(8) the Cook County Public Guardian, or his or her
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|
(9) the Director of Juvenile Justice, or his or her
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|
(10) the Director of Corrections, or his or her
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|
(11) the President of the Illinois Sheriffs'
|
| Association, or his or her designee;
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|
(12) the Cook County Sheriff, or his or her designee;
(13) the Director of the Illinois State Police, or
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|
(14) the Chief of the Chicago Police Department, or
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|
(15) the Executive Director of the Illinois Law
|
| Enforcement Training Standards Board, or his or her designee;
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|
(16) the Attorney General, or his or her designee;
(17) one member who represents the court system;
(18) one member from an organization that facilitates
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| visitation between incarcerated parents and children;
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|
(19) one member who is a researcher or member of an
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| academic profession and has studied issues related to the impact of incarceration on youth;
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|
(20) one member who represents an organization with
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| expertise in gender-responsive practices and assessing the impact of incarceration on women; and
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|
(21) one male who has previously been incarcerated
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| and has been directly impacted by policies relating to children of incarcerated parents.
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(c) In this Section, "an individual who has been directly impacted by policies relating to children of incarcerated parents" means a person who has been convicted of, adjudicated, or pled guilty to, one or more felonies, who was sentenced to a term of imprisonment, and who has been separated from his or her children as a result of imprisonment.
(d) Commission members shall serve without compensation. The term of a member of the Commission, other than a member listed under paragraphs (5) through (16) of subsection (b), shall expire 4 years after the date of the member's appointment.
(e) Once all its members have been appointed as provided in this Section, the Commission may exercise any power, perform any function, or take any action in furtherance of its purposes and goals. The Commission shall:
(1) meet at least 4 times per year beginning within
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| 30 days after the appointment of a quorum of its members;
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(2) identify resources, strategies, and legislative
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| proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations;
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(3) develop a strategic plan that outlines specific
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| goals, information-gathering activities, benchmarks, and timelines toward achieving the purpose of the Commission to fully implement the recommendations of the Task Force on Children of Incarcerated Parents; and
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(4) deliver an annual report to the General Assembly
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| and to the Governor to be posted on the websites of the Governor and General Assembly and provide to the public an annual report on its progress. A draft of the report shall be released for public comment, and feedback and shall be solicited from relevant stakeholders, including individuals impacted by parental incarceration, law enforcement, and advocates from local governmental family services agencies and nonprofit service providers.
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(f) The General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under this Section.
(Source: P.A. 102-814, eff. 1-1-23.)
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