Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 205/5) (from Ch. 38, par. 105-5) Sec. 5. The respondent in any proceedings under this Act shall have the right to demand a trial by jury and to be represented by counsel. The cost of representation by counsel for an indigent respondent shall be paid by the county in whi…

(725 ILCS 205/8) (from Ch. 38, par. 105-8) Sec. 8. If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian of the person found to be sexually dangerous and such person shall stand committed to the custody of s…

(725 ILCS 205/9) (from Ch. 38, par. 105-9) Sec. 9. Recovery; examination and hearing. (a) An application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered may be filed before the committing court. Upon r…

(725 ILCS 207/1) Sec. 1. Short title. This Act may be cited as the Sexually Violent Persons Commitment Act. (Source: P.A. 90-40, eff. 1-1-98.)

(725 ILCS 207/10) Sec. 10. Notice to the Attorney General and State's Attorney. (a) In this Act, "agency with jurisdiction" means the agency with the authority or duty to release or discharge the person. (b) If an agency with jurisdiction has control or custody over a person who …

(725 ILCS 207/15) Sec. 15. Sexually violent person petition; contents; filing. (a) A petition alleging that a person is a sexually violent person must be filed before the release or discharge of the person or within 30 days of placement onto parole, aftercare release, or mandator…

(725 ILCS 207/20) Sec. 20. Civil nature of proceedings. The proceedings under this Act shall be civil in nature. The provisions of the Civil Practice Law, and all existing and future amendments of that Law shall apply to all proceedings hereunder except as otherwise provided in t…

(725 ILCS 207/21) Sec. 21. Service of petitions. If a person alleged to be a sexually violent person is in the custody of or is being supervised on parole or mandatory supervised release by the Department of Corrections or Department of Juvenile Justice, a petition filed under th…

(725 ILCS 207/25) Sec. 25. Rights of persons subject to petition. (a) Any person who is the subject of a petition filed under Section 15 of this Act shall be served with a copy of the petition in accordance with the Civil Practice Law. (b) The circuit court in which a petition un…

(725 ILCS 207/30) Sec. 30. Detention; probable cause hearing; transfer for examination. (a) Upon the filing of a petition under Section 15 of this Act, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the…

(725 ILCS 207/35) Sec. 35. Trial. (a) A trial to determine whether the person who is the subject of a petition under Section 15 of this Act is a sexually violent person shall commence no later than 120 days after the date of the probable cause hearing under Section 30 of this Act…

(725 ILCS 207/40) Sec. 40. Commitment. (a) If a court or jury determines that the person who is the subject of a petition under Section 15 of this Act is a sexually violent person, the court shall order the person to be committed to the custody of the Department for control, care…

(725 ILCS 207/45) Sec. 45. Deoxyribonucleic acid analysis requirements. (a)(1) If a person is found to be a sexually violent person under this Act, the court shall require the person to provide a biological specimen for deoxyribonucleic acid analysis in accordance with Section 5-…

(725 ILCS 207/5) Sec. 5. Definitions. As used in this Act, the term: (a) "Department" means the Department of Human Services. (b) "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts …

(725 ILCS 207/50) Sec. 50. Secure facility for sexually violent persons. (a) The Department shall place a person committed to a secure facility under paragraph (b)(2) of Section 40 of this Act at a facility provided by the Department of Corrections under subsection (b) of this Se…

(725 ILCS 207/55) Sec. 55. Periodic reexamination; report. (a) If a person has been committed under Section 40 of this Act and has not been discharged under Section 65 of this Act, the Department shall submit a written report to the court on his or her mental condition at least o…

(725 ILCS 207/60) Sec. 60. Petition for conditional release. (a) Any person who is committed for institutional care in a secure facility or other facility under Section 40 of this Act may petition the committing court to modify its order by authorizing conditional release if at l…

(725 ILCS 207/65) Sec. 65. Petition for discharge; procedure. (a)(1) If the Secretary determines at any time that a person committed under this Act is no longer a sexually violent person, the Secretary shall authorize the person to petition the committing court for discharge. If …

(725 ILCS 207/70) Sec. 70. (Repealed). (Source: P.A. 91-227, eff. 1-1-00. Repealed by P.A. 97-1075, eff. 8-24-12.)

(725 ILCS 207/75) Sec. 75. Notice concerning conditional release, discharge, escape, death, or court-ordered change in the custody status of a detainee or civilly committed sexually violent person. (a) As used in this Section, the term: (1) "Act of sexual violence" means an act o…

(725 ILCS 207/80) Sec. 80. Applicability. This Act applies to a sexually violent person regardless of whether the person engaged in acts of sexual violence before, on, or after the effective date of this Act. (Source: P.A. 90-40, eff. 1-1-98.)

(725 ILCS 207/9) Sec. 9. Sexually violent person review; written notification to State's Attorney. The Illinois Department of Corrections or the Department of Juvenile Justice, not later than 6 months prior to the anticipated release from imprisonment or the anticipated entry int…

(725 ILCS 207/90) Sec. 90. Committed persons ability to pay for services. Each person committed or detained under this Act who receives services provided directly or funded by the Department and the estate of that person is liable for the payment of sums representing charges for …

(725 ILCS 207/99) Sec. 99. Effective date. This Act takes effect January 1, 1998. (Source: P.A. 90-40, eff. 1-1-98.)

(725 ILCS 210/1) (from Ch. 14, par. 201) Sec. 1. This Act may be cited as the State's Attorneys Appellate Prosecutor's Act. (Source: P.A. 84-1062.)

(725 ILCS 210/10) Sec. 10. (Repealed). (Source: P.A. 84-1062. Repealed by P.A. 96-900, eff. 5-28-10.)

(725 ILCS 210/11) (from Ch. 14, par. 211) Sec. 11. The provisions of the "Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and proced…

(725 ILCS 210/2) (from Ch. 14, par. 202) Sec. 2. In this Act, unless the context clearly requires a different meaning, the following definitions apply: (1) "Board" means the board of governors of the Office of the State's Attorneys Appellate Prosecutor; (2) "Member" means a membe…

(725 ILCS 210/3) (from Ch. 14, par. 203) Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government. (a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall …

(725 ILCS 210/4) (from Ch. 14, par. 204) Sec. 4. The board and the Office have the powers and duties enumerated in Sections 4.01 through 4.10. (Source: P.A. 84-1062.)

(725 ILCS 210/4.01) (from Ch. 14, par. 204.01) Sec. 4.01. (a) The Office and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county containing less than 3,000,000 inhabitants, when requested to do so and…

(725 ILCS 210/4.02) (from Ch. 14, par. 204.02) Sec. 4.02. The board shall appoint a Director. (Source: P.A. 84-1062.)

(725 ILCS 210/4.03) (from Ch. 14, par. 204.03) Sec. 4.03. The board shall advise the Director and shall establish policies for the operation of the Office. (Source: P.A. 84-1062.)

(725 ILCS 210/4.04) (from Ch. 14, par. 204.04) Sec. 4.04. The board shall establish an Office in each district containing less than 3,000,000 inhabitants. (Source: P.A. 84-1062.)

(725 ILCS 210/4.05) (from Ch. 14, par. 204.05) Sec. 4.05. The board shall approve or modify an annual budget submitted to it by the Director and establish the number of employees. (Source: P.A. 84-1062.)

(725 ILCS 210/4.06) (from Ch. 14, par. 204.06) Sec. 4.06. The board shall submit an annual report to the General Assembly and Governor regarding the operation of the Office of the State's Attorneys Appellate Prosecutor. The requirement for reporting to the General Assembly shall …

(725 ILCS 210/4.07) (from Ch. 14, par. 204.07) Sec. 4.07. The Office may accept and expend monies, gifts, grants and services from any public or private source; contract or enter into agreements with educational institutions or any Illinois county, the state of Illinois or federa…

(725 ILCS 210/4.08) (from Ch. 14, par. 204.08) Sec. 4.08. The Office may establish programs, alone or in conjunction with law schools, for the purpose of utilizing law students as legal assistants and interns. (Source: P.A. 84-1062.)

(725 ILCS 210/4.09) (from Ch. 14, par. 204.09) Sec. 4.09. The board shall provide for such rules and regulations as may be required for the administration of this Act. (Source: P.A. 84-1062.)

(725 ILCS 210/4.10) (from Ch. 14, par. 204.10) Sec. 4.10. The Office may conduct and charge tuition for training programs for State's Attorneys, Assistant State's Attorneys and other law enforcement officers. The Office shall conduct training programs and provide technical trial …

(725 ILCS 210/4.11) Sec. 4.11. Juvenile Justice Resource Center. The Office may develop a Juvenile Justice Resource Center to: (i) study, design, develop, and implement model systems for the adjudication of juveniles in the justice system; (ii) in cases in which a sentence of inc…

(725 ILCS 210/4.12) Sec. 4.12. Best Practices Protocol Committee. The Board may establish a Best Practices Protocol Committee which may evaluate and recommend a Best Practices Protocol on specific issues related to the implementation of the criminal justice system. The Best Pract…

(725 ILCS 210/4.13) Sec. 4.13. Prosecutorial support for State's Attorneys prosecuting human traffickers. (a) The Office shall provide prosecutorial support for State's Attorneys prosecuting human traffickers. Working with national and State subject matter experts, the Office sha…

(725 ILCS 210/5) (from Ch. 14, par. 205) Sec. 5. The Director and all attorneys employed by the Office of the State's Attorneys Appellate Prosecutor shall take the oath of office in like manner as Assistant State's Attorneys. (Source: P.A. 84-1062.)

(725 ILCS 210/6) (from Ch. 14, par. 206) Sec. 6. The Office is to be organized in the following manner: (a) The staff of the Office of the State's Attorneys Appellate Prosecutor shall consist of a Director, 4 Deputy Directors, Staff Attorneys and such other administrative, secret…

(725 ILCS 210/7) (from Ch. 14, par. 207) Sec. 7. The Director has the powers and duties enumerated in Sections 7.01 through 7.06. (Source: P.A. 81-1057.)

(725 ILCS 210/7.01) (from Ch. 14, par. 207.01) Sec. 7.01. The Director shall be appointed by and serve at the pleasure of the board. (Source: P.A. 84-1062.)

(725 ILCS 210/7.02) (from Ch. 14, par. 207.02) Sec. 7.02. The Director may, with the concurrence of the board, hire such employees, including part-time employees, as are necessary to carry out Office duties, and the Director shall establish rates of compensation therefor within t…

(725 ILCS 210/7.03) (from Ch. 14, par. 207.03) Sec. 7.03. The Director may, with the concurrence of the board, promulgate regulations, instructions and orders consistent with this Act further defining the organization of the Office and duties of the employees. (Source: P.A. 84-10…

(725 ILCS 210/7.04) (from Ch. 14, par. 207.04) Sec. 7.04. The Director shall submit reports to the board on the operation of his office at each meeting. The Director shall submit a comprehensive report to the board at the end of each fiscal year, and the board may require the Dir…