(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 by personnel of the Department of
Human Services or authorized by court order.
Any defendant,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, may be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
Nor shall
any defendant
be permitted any off-grounds privileges, either with or without escort by
personnel of the Department of Human Services or
any unsupervised on-ground privileges, unless such off-grounds or
unsupervised on-grounds privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
court may deem appropriate and necessary to reasonably assure the
defendant's satisfactory progress in treatment and the safety of the defendant
or others. Whenever the court receives a report from the supervisor of the defendant's treatment recommending the defendant for any off-grounds or unsupervised on-grounds privileges, the court shall set the matter for a first hearing within 21 days unless good cause is demonstrated why the hearing cannot be held.
The changes made to this Section by
this amendatory Act of the 96th General Assembly are declarative of existing
law and shall not be construed as a new enactment.
(Source: P.A. 98-1025, eff. 8-22-14.)
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(725 ILCS 5/Art. 106 heading) ARTICLE 106.
WITNESS
IMMUNITY
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(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
account of any testimony or other evidence he may be required to produce.
(Source: P.A. 79-1360.)
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(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 of such
testimony.
(Source: Laws 1963, p. 2836.)
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(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 civil proceeding
brought against a streetgang under the Illinois Streetgang Terrorism
Omnibus Prevention Act, be granted immunity from prosecution in a criminal
case as to any information directly or indirectly derived from the
production of evidence by the streetgang member. The court shall grant
the order of immunity if:
(1) the production of the evidence is necessary to a | ||
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(2) the streetgang member has refused or is likely to | ||
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(b) In lieu of the immunity provided in Section 106-2 of this Code, in any
investigation before a Grand Jury, or trial in any court, the court on motion
of the State shall order that a witness be granted immunity from prosecution in
a criminal case as to any information directly or indirectly derived from the
production of evidence from the witness if the witness has refused or is likely to refuse to produce the
evidence
on the basis of his or her privilege against self-incrimination.
(c) The production of evidence so compelled under the order, and any
information directly or indirectly derived from it, may not be used against
the witness in a criminal case, except in a prosecution for perjury, false
swearing, or an offense otherwise involving a failure to comply with the order.
An order of immunity granted under this Section does not bar prosecution of the
witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the
evidence produced under the order shall be furnished to him or her.
(Source: P.A. 87-932; 88-241; 88-677, eff. 12-15-94.)
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