(725 ILCS 5/Art. 106D heading) ARTICLE 106D.
CLOSED CIRCUIT
TELEVISION TESTIMONY
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(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 | ||
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(2) the waiver of a preliminary hearing; (3) the arraignment on an information or indictment | ||
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(4) the presentation of a jury waiver; (5) any status hearing; (6) any hearing conducted under the Sexually Violent | ||
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(7) at any hearing at which no witness testimony will | ||
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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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(C) Section 104-25 of this Code (discharge | ||
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(D) Section 5-2-4 of the Unified Code of | ||
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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 5/106D-5) Sec. 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 | ||
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(2) make recommendations concerning the | ||
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(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.) |