Chapter 725 — CRIMINAL PROCEDURE

(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 proced…

(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 5/106-1) (from Ch. 38, par. 106-1) Sec. 106-1. Granting of immunity.) In any investigation before a Grand Jury, or trial in any court, the court on motion of the State may order that any material witness be released from all liability to be prosecuted or punished on acc…

(725 ILCS 5/106-2) (from Ch. 38, par. 106-2) Sec. 106-2. Effect of immunity. Such order of immunity shall forever be a bar to prosecution against the witness for any offense shown in whole or in part by such testimony or other evidence except for perjury committed in the giving o…

(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 ci…

(725 ILCS 5/106-3) (from Ch. 38, par. 106-3) Sec. 106-3. Refusal to testify. Any witness who having been granted immunity refuses to testify or produce other evidence shall be in contempt of court subject to proceedings in accordance to law. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/106B-1) (from Ch. 38, par. 106B-1) Sec. 106B-1. (Repealed). (Source: Repealed by P.A. 88-674, eff. 12-14-94.)

(725 ILCS 5/106B-10) Sec. 106B-10. Conditions for testimony by a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability. The court may set any conditions it finds just and appropriate on the taking of…

(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, pred…

(725 ILCS 5/106C-1) (from Ch. 38, par. 106C-1) Sec. 106C-1. (Repealed). (Source: Repealed by P.A. 88-241.)

(725 ILCS 5/106C-2) (from Ch. 38, par. 106C-2) Sec. 106C-2. (Repealed). (Source: Repealed by P.A. 88-241.)

(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…

(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…

(725 ILCS 5/106E-10) Sec. 106E-10. (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff. 12-31-00.)

(725 ILCS 5/106E-15) Sec. 106E-15. (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed internally, eff. 12-31-00.)

(725 ILCS 5/106E-5) Sec. 106E-5. (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff. 12-31-00.)

(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 St…

(725 ILCS 5/107-1) (from Ch. 38, par. 107-1) Sec. 107-1. Definitions. (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…

(725 ILCS 5/107-10) (from Ch. 38, par. 107-10) Sec. 107-10. Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial right…

(725 ILCS 5/107-11) (from Ch. 38, par. 107-11) Sec. 107-11. When summons may be issued. (a) When authorized to issue a warrant of arrest, a court may instead issue a summons. (b) The summons shall: (1) Be in writing; (2) State the name of the person summoned and his or her addres…

(725 ILCS 5/107-12) (from Ch. 38, par. 107-12) Sec. 107-12. Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the…

(725 ILCS 5/107-13) (from Ch. 38, par. 107-13) Sec. 107-13. Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear bef…

(725 ILCS 5/107-14) (from Ch. 38, par. 107-14) Sec. 107-14. Temporary questioning without arrest. (a) A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from…

(725 ILCS 5/107-15) Sec. 107-15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by a…

(725 ILCS 5/107-16) Sec. 107-16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committe…

(725 ILCS 5/107-2) (from Ch. 38, par. 107-2) Sec. 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 arrested; or (b) He has reasonable grounds to believe that a warrant for the person's arrest has bee…

(725 ILCS 5/107-3) (from Ch. 38, par. 107-3) Sec. 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) (from Ch. 38, par. 107-4) Sec. 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 …

(725 ILCS 5/107-5) (from Ch. 38, par. 107-5) Sec. 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 night. (c) An arrest may be made anywhere with…

(725 ILCS 5/107-6) (from Ch. 38, par. 107-6) Sec. 107-6. Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are n…

(725 ILCS 5/107-7) (from Ch. 38, par. 107-7) Sec. 107-7. Persons exempt from arrest. (a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same. (b) Sen…

(725 ILCS 5/107-8) (from Ch. 38, par. 107-8) Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace off…