Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL PROCEDURE725 ILCS 5/106D-5
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/106D-5)
Pilot project; reporting.
(a) 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.
(b) 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. The Department of Human Services and the Administrative Office of the Illinois Courts shall review the video conference technology and develop guidelines for the specific technology, means of private conferencing between the defendant and his or her attorney during the hearings, and any specific determinations that are not suitable for video conference hearings. 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. Individual defendants, State's Attorneys, defense attorneys, and other personnel may submit comments to be considered in preparing the joint report. Presiding judges may submit comments to either the Department of Human Services or to the Administrative Office of the Illinois Courts. All comments submitted only to the Administrative Office of the Illinois Courts shall be confidential and also may contain the reporting judge's observations, comments, or recommendations. The reports 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.
(c) The Department of Human Services shall provide all necessary administrative support for the pilot project.
(Source: P.A. 102-486, eff. 8-20-21.)
725 ILCS 5/Art. 106E
(725 ILCS 5/Art. 106E heading)
TASK FORCE ON PROFESSIONAL
PRACTICE IN THE ILLINOIS JUSTICE SYSTEMS
(Repealed internally, eff. 12-31-00.)
725 ILCS 5/106E-5
(725 ILCS 5/106E-5)
(Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff.
725 ILCS 5/106E-10
(725 ILCS 5/106E-10)
(Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff.
725 ILCS 5/106E-15
(725 ILCS 5/106E-15)
(Source: P.A. 91-577, eff. 8-14-99. Repealed internally, eff. 12-31-00.)
725 ILCS 5/Art. 106F
(725 ILCS 5/Art. 106F heading)
CHILDREN OF INCARCERATED PARENTS TASK FORCE
(Source: P.A. 101-480, eff. 8-23-19.)
725 ILCS 5/Art. 106G
(725 ILCS 5/Art. 106G heading)
COMMISSION ON CHILDREN OF INCARCERATED PARENTS
(Source: P.A. 102-814, eff. 1-1-23.)
725 ILCS 5/106G-5
(725 ILCS 5/106G-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;
(2) two individuals who have been directly impacted
by policies relating to children of incarcerated parents, one of whom is between the ages of 17 and 24 at the time of appointment;
(3) three representatives from community-based
providers or community organizations that provide services to address the trauma of incarceration through social services, advocacy, or the provision of legal services;
(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;
(5) the Lieutenant Governor, or his or her designee;
(6) the Secretary of Human Services, or his or her
(7) the Director of Children and Family Services, or
(8) the Cook County Public Guardian, or his or her
(9) the Director of Juvenile Justice, or his or her
(10) the Director of Corrections, or his or her
(11) the President of the Illinois Sheriffs'
Association, or his or her designee;
(12) the Cook County Sheriff, or his or her designee;
(13) the Director of the Illinois State Police, or
(14) the Chief of the Chicago Police Department, or
(15) the Executive Director of the Illinois Law
Enforcement Training Standards Board, or his or her designee;
(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
visitation between incarcerated parents and children;
(19) one member who is a researcher or member of an
academic profession and has studied issues related to the impact of incarceration on youth;
(20) one member who represents an organization with
expertise in gender-responsive practices and assessing the impact of incarceration on women; and
(21) one male who has previously been incarcerated
and has been directly impacted by policies relating to children of incarcerated parents.
(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
30 days after the appointment of a quorum of its members;
(2) identify resources, strategies, and legislative
proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations;
(3) develop a strategic plan that outlines specific
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
(4) deliver an annual report to the General Assembly
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.
(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.)
725 ILCS 5/Tit. II
(725 ILCS 5/Tit. II heading)
APPREHENSION AND INVESTIGATION
725 ILCS 5/Art. 107
(725 ILCS 5/Art. 107 heading)
725 ILCS 5/107-1
(725 ILCS 5/107-1)
(from Ch. 38, par. 107-1)
(a) A "warrant of arrest" is a written order from a court directed to a
peace officer, or to some other person specifically named, commanding him
to arrest a person.
(b) A "summons" is a written order issued by a court which commands a
person to appear before a court at a stated time and place.
(c) A "notice to appear" is a written request issued by a peace officer
that a person appear before a court at a stated time and place.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/107-2
(725 ILCS 5/107-2)
(from Ch. 38, par. 107-2)
Arrest by peace officer.
(1) A peace officer may
arrest a person when:
(a) He has a warrant commanding that such person be
(b) He has reasonable grounds to believe that a
warrant for the person's arrest has been issued in this State or in another jurisdiction; or
(c) He has reasonable grounds to believe that the
person is committing or has committed an offense.
(2) Whenever a peace officer arrests a person, the officer shall question
the arrestee as to whether he or she has any children under the age of 18
living with him or her who may be neglected as a result of the arrest or
otherwise. The peace officer shall assist the arrestee in the placement of
the children with a relative or other responsible person designated by the
arrestee. If the peace officer has reasonable cause to believe that a child
may be a neglected child as defined in the Abused and Neglected Child
Reporting Act, he shall report it immediately to the Department of Children
and Family Services as provided in that Act.
(3) A peace officer who executes a warrant of arrest in good faith
beyond the geographical limitation of the warrant shall not be liable for
(4) Whenever a peace officer is aware of a warrant of arrest issued by a circuit court of this State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. The prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. As used in this subsection (4), "sexual assault" means an act of sexual conduct or sexual penetration defined in Section 11-0.1 of the Criminal Code of 2012, including without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
(4.5) Whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in subsection (4), and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by Section 25 of the Sexual Assault Incident Procedure Act, the officer shall also notify the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall inform the prosecuting authority to request waiver of the prompt execution of the warrant.
(Source: P.A. 101-39, eff. 6-1-20
725 ILCS 5/107-3
(725 ILCS 5/107-3)
(from Ch. 38, par. 107-3)
Arrest by private person.
Any person may arrest another when he has reasonable grounds to believe
that an offense other than an ordinance violation is being committed.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/107-4
(725 ILCS 5/107-4)
(from Ch. 38, par. 107-4)
Arrest by peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace unit, any police force of another State, the United States Department of Defense, or any police force whose members, by statute, are granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement agency of this State
may conduct temporary questioning pursuant to Section 107-14 of this Code and
may make arrests in any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that occurred in the officer's
primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate commission of a felony
or misdemeanor violation of the laws of this State; or (3) if
the officer, while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render aid or
assistance to the requesting law enforcement agency that is outside the
officer's primary jurisdiction; or (4) in accordance with Section 2605-580 of the Illinois State Police Law of the
Civil Administrative Code of Illinois. While acting pursuant to this subsection, an
officer has the same authority as within his or her
(a-7) The law enforcement agency of the county or municipality in which any
arrest is made under this Section shall be immediately notified of the
(b) Any peace officer of another State who enters this State in
pursuit and continues within this State in fresh pursuit of a person in
order to arrest him on the ground that he has committed an offense in the
other State has the same authority to arrest and hold the person in custody
as peace officers of this State have to arrest and hold a person in custody
on the ground that he has committed an offense in this State.
(c) If an arrest is made in this State by a peace officer of
State in accordance with the provisions of this Section he shall without
unnecessary delay take the person arrested before the circuit court of the
county in which the arrest was made. Such court shall conduct a hearing for
the purpose of determining the lawfulness of the arrest. If the court
determines that the arrest was lawful it shall commit the person arrested,
to await for a reasonable time the issuance of an extradition warrant by
the Governor of this State, or admit him to pretrial release for such purpose. If the
court determines that the arrest was unlawful it shall discharge the person
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22
725 ILCS 5/107-5
(725 ILCS 5/107-5)
(from Ch. 38, par. 107-5)
Method of arrest.
(a) An arrest is made by an actual restraint of the person or by his
submission to custody.
(b) An arrest may be made on any day and at any time of the day or
(c) An arrest may be made anywhere within the jurisdiction of this
(d) All necessary and reasonable force may be used to effect an entry
into any building or property or part thereof to make an authorized arrest.
(Source: Laws 1963, p. 2836.)