Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 5/102-7.2) Sec. 102-7.2. "Category B offense". "Category B offense" means a business offense, petty offense, Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, Class 3 felony, or Class 4 felony, which is not specified in Category A. (Source: P.A. 100-1, eff.…

(725 ILCS 5/102-8) (from Ch. 38, par. 102-8) Sec. 102-8. "Charge". "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-9) (from Ch. 38, par. 102-9) Sec. 102-9. "Complaint". "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.)

(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) Afte…

(725 ILCS 5/103-2) (from Ch. 38, par. 103-2) Sec. 103-2. Treatment while in custody. (a) On being taken into custody every person shall have the right to remain silent. (b) No unlawful means of any kind shall be used to obtain a statement, admission or confession from any person …

(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 whic…

(725 ILCS 5/103-2.2) Sec. 103-2.2. Prohibition of deceptive tactics. (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 qu…

(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 fa…

(725 ILCS 5/103-4) (from Ch. 38, par. 103-4) Sec. 103-4. Right to consult with attorney. Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of esc…

(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 th…

(725 ILCS 5/103-6) (from Ch. 38, par. 103-6) Sec. 103-6. Waiver of jury trial. Every person accused of an offense shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court or (ii) the offense is an ordinance violation punishable by fine …

(725 ILCS 5/103-7) (from Ch. 38, par. 103-7) Sec. 103-7. Posting notice of rights. Every sheriff, chief of police or other person who is in charge of any jail, police station or other building where persons under arrest are held in custody pending investigation, pretrial release …

(725 ILCS 5/103-8) (from Ch. 38, par. 103-8) Sec. 103-8. Mandatory duty of officers. Any peace officer who intentionally prevents the exercise by an accused of any right conferred by this Article or who intentionally fails to perform any act required of him by this Article shall …

(725 ILCS 5/103-9) (from Ch. 38, par. 103-9) Sec. 103-9. Bail bondsmen. No bail bondsman from any state may seize or transport unwillingly any person found in this State who is allegedly in violation of a bail bond posted in some other state or conditions of pretrial release. The…

(725 ILCS 5/104-10) (from Ch. 38, par. 104-10) Sec. 104-10. Presumption of Fitness; Fitness Standard.) A defendant is presumed to be fit to stand trial or to plead, and be sentenced. A defendant is unfit if, because of his mental or physical condition, he is unable to understand …

(725 ILCS 5/104-11) (from Ch. 38, par. 104-11) Sec. 104-11. Raising issue; burden; fitness motions.) (a) The issue of the defendant's fitness for trial, to plead, or to be sentenced may be raised by the defense, the State or the Court at any appropriate time before a plea is ente…

(725 ILCS 5/104-12) (from Ch. 38, par. 104-12) Sec. 104-12. Right to Jury.) The issue of the defendant's fitness may be determined in the first instance by the court or by a jury. The defense or the State may demand a jury or the court on its own motion may order a jury. However,…

(725 ILCS 5/104-13) (from Ch. 38, par. 104-13) Sec. 104-13. Fitness examination. (a) When the issue of fitness involves the defendant's mental condition, the court shall order an examination of the defendant by one or more licensed physicians, clinical psychologists, or psychiatr…

(725 ILCS 5/104-14) (from Ch. 38, par. 104-14) Sec. 104-14. Use of Statements Made During Examination or Treatment.) (a) Statements made by the defendant and information gathered in the course of any examination or treatment ordered under Section 104-13, 104-17 or 104-20 shall no…

(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 th…

(725 ILCS 5/104-16) (from Ch. 38, par. 104-16) Sec. 104-16. Fitness Hearing.) (a) The court shall conduct a hearing to determine the issue of the defendant's fitness within 45 days of receipt of the final written report of the person or persons conducting the examination or upon …

(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, the court shall select the least physically restrictive form of treatment therapeutically appropr…

(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 fitnes…

(725 ILCS 5/104-19) (from Ch. 38, par. 104-19) Sec. 104-19. Records.) Any report filed of record with the court concerning diagnosis, treatment or treatment plans made pursuant to this Article shall not be placed in the defendant's court record but shall be maintained separately …

(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…

(725 ILCS 5/104-21) (from Ch. 38, par. 104-21) Sec. 104-21. Medication. (a) A defendant who is receiving psychotropic drugs shall not be presumed to be unfit to stand trial solely by virtue of the receipt of those drugs or medications. (b) Whenever a defendant who is receiving me…

(725 ILCS 5/104-22) (from Ch. 38, par. 104-22) Sec. 104-22. Trial with special provisions and assistance.) (a) On motion of the defendant, the State or on the court's own motion, the court shall determine whether special provisions or assistance will render the defendant fit to s…

(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 …

(725 ILCS 5/104-24) (from Ch. 38, par. 104-24) Sec. 104-24. Time Credit. Time spent in custody pursuant to orders issued under Section 104-17 or 104-20 or pursuant to a commitment to the Department of Human Services following a finding of unfitness or incompetency under prior law…

(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 b…

(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 i…

(725 ILCS 5/104-27) (from Ch. 38, par. 104-27) Sec. 104-27. Defendants Found Unfit Prior to this Article; Reports; Appointment of Counsel. (a) Within 180 days after the effective date of this Article, the Department of Mental Health and Developmental Disabilities (predecessor of …

(725 ILCS 5/104-28) (from Ch. 38, par. 104-28) Sec. 104-28. Disposition of Defendants Found Unfit Prior to this Article. (a) Upon reviewing the report, the court shall determine whether the defendant has been in the custody of the Department of Mental Health and Developmental Dis…

(725 ILCS 5/104-29) (from Ch. 38, par. 104-29) Sec. 104-29. In the event of any conflict between this Article and the "Mental Health and Developmental Disabilities Code", the provisions of this Article shall govern. (Source: P.A. 81-1217.)

(725 ILCS 5/104-30) (from Ch. 38, par. 104-30) Sec. 104-30. Notice to Law Enforcement Agencies Regarding Release of Defendants. (a) Prior to the release by the Department of Human Services of any person admitted pursuant to any provision of this Article, the Department of Human S…

(725 ILCS 5/104-31) (from Ch. 38, par. 104-31) Sec. 104-31. No defendant placed in a setting of the Department of Human Services pursuant to the provisions of Sections 104-17, 104-25, or 104-26 shall be permitted outside the facility's housing unit unless escorted or accompanied …

(725 ILCS 5/104-32) Sec. 104-32. Fitness to Stand Trial Task Force. (a) There is created the Fitness to Stand Trial Task Force, hereinafter referred to as the Task Force. The Task Force shall conduct a thorough review of the statutory and regulatory provisions governing the proce…

(725 ILCS 5/104A-1) Sec. 104A-1. Eligibility. A defendant charged with one or more misdemeanors and for whom a court has determined under Section 104-11 of this Code that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diver…

(725 ILCS 5/104A-2) Sec. 104A-2. Rulemaking. The Illinois Supreme Court or any circuit court of this State may adopt rules establishing unfit misdemeanant diversion programs consistent with this Article. (Source: P.A. 104-318, eff. 1-1-26.)

(725 ILCS 5/104A-3) Sec. 104A-3. Procedure. The court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall…

(725 ILCS 5/104A-4) Sec. 104A-4. Mental health and substance use treatment. The misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of…

(725 ILCS 205/0.01) (from Ch. 38, par. 105) Sec. 0.01. Short title. This Act may be cited as the Sexually Dangerous Persons Act. (Source: P.A. 86-1324.)

(725 ILCS 205/1.01) (from Ch. 38, par. 105-1.01) Sec. 1.01. As used in this Act: All persons suffering from a mental disorder, which mental disorder has existed for a period of not less than one year, immediately prior to the filing of the petition hereinafter provided for, coupl…

(725 ILCS 205/10) (from Ch. 38, par. 105-10) Sec. 10. Whenever the Director finds that any person committed to him under this Act as now or hereafter amended, appears no longer to be dangerous but that it is impossible to determine with certainty under conditions of institutional…

(725 ILCS 205/11) (from Ch. 38, par. 105-11) Sec. 11. If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be …

(725 ILCS 205/12) (from Ch. 38, par. 105-12) Sec. 12. Persons heretofore committed to the Department of Public Safety are deemed transferred and committed to the custody of the Director of Corrections. (Source: P.A. 76-451.)

(725 ILCS 205/2) (from Ch. 38, par. 105-2) Sec. 2. Jurisdiction of proceedings under this Act is vested in the circuit courts in this State, for the purpose of conducting hearings for commitment and detention of such persons, as hereinafter provided. (Source: Laws 1965, p. 3462.)…

(725 ILCS 205/3) (from Ch. 38, par. 105-3) Sec. 3. When any person is charged with a criminal offense and it shall appear to the Attorney General or to the State's Attorney of the county wherein such person is so charged, that such person is a sexually dangerous person, within th…

(725 ILCS 205/3.01) (from Ch. 38, par. 105-3.01) Sec. 3.01. The proceedings under this Act shall be civil in nature, however, the burden of proof required to commit a defendant to confinement as a sexually dangerous person shall be the standard of proof required in a criminal pro…

(725 ILCS 205/4) (from Ch. 38, par. 105-4) Sec. 4. After the filing of the petition, the court shall appoint two qualified evaluators to make a personal examination of the alleged sexually dangerous person, to ascertain whether the person is sexually dangerous, and the evaluators…