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| Public Act 102-0486 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 106D-1 and by adding Section | ||||
106D-5 as follows:
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(725 ILCS 5/106D-1)
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Sec. 106D-1. Defendant's appearance by closed circuit | ||||
television and video conference.
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(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 two-way | ||||
audio-visual communication, including closed circuit | ||||
television and computerized video conference, in the following | ||||
proceedings: | ||||
(1) the initial appearance before a judge on a | ||||
criminal complaint, at which bail will be set; | ||||
(2) the waiver of a preliminary hearing; | ||||
(3) the arraignment on an information or indictment at | ||||
which a plea of not guilty will be entered; | ||||
(4) the presentation of a jury waiver; | ||
(5) any status hearing; | ||
(6) any hearing conducted under the Sexually Violent | ||
Persons Commitment Act at which no witness testimony will | ||
be taken; and | ||
(7) at any hearing conducted under the Sexually | ||
Violent Persons Commitment Act at which no witness | ||
testimony will be taken conducted under the following: | ||
(A) Section 104-20 of this Code (90-day hearings); | ||
(B) Section 104-22 of this Code (trial with | ||
special provisions and assistance); | ||
(C) Section 104-25 of this Code (discharge | ||
hearing); or | ||
(D) Section 5-2-4 of the Unified Code of | ||
Corrections (proceedings after acquittal by reason of | ||
insanity).
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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 two-way | ||
audio-visual communication, upon waiver of any right the | ||
person in custody or confinement may have to be present | ||
physically. | ||
(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 two-way audio-visual communication | ||
or to require that any governmental entity, or place of | ||
custody or confinement, provide two-way audio-visual | ||
communication.
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(Source: P.A. 95-263, eff. 8-17-07.)
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(725 ILCS 5/106D-5 new) | ||
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 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.
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Section 99. Effective date. This Act takes effect July 1, | ||
2021.
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