| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 725 ILCS 5/122-4
(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
Sec. 122-4. Pauper petitions. If the petition is not dismissed pursuant
to Section 122-2.1, and alleges that the petitioner is unable to pay the costs
of the proceeding, the court may order that the petitioner be permitted to
proceed as a poor person and order a transcript of the proceedings
delivered to petitioner in accordance with Rule of the Supreme Court. If
the petitioner is without counsel and alleges that he is without means to
procure counsel, he shall state whether or not he wishes counsel to be
appointed to represent him. If appointment of counsel is so requested, and
the petition is not dismissed pursuant to Section 122-2.1, the
court shall appoint counsel if satisfied that the petitioner has no means
to procure counsel.
A petitioner who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that purports to be a
legal document seeking post-conviction
relief under this Article against the State, the Illinois Department of
Corrections, the Prisoner Review Board, or any of their officers or employees
in which the court makes a specific
finding that the pleading, motion, or other filing that purports to be a legal
document is frivolous shall not
proceed as a poor person and shall be liable for the full payment of filing
fees and actual
court costs as provided in Article XXII of the Code of Civil Procedure.
The court, at the conclusion of the proceedings upon receipt of a
petition by the appointed counsel, shall determine a reasonable amount to
be allowed an indigent defendant's counsel other than the Public Defender
or the State Appellate Defender for compensation and reimbursement of
expenditures necessarily incurred in the proceedings. The compensation
shall not exceed $500 in each case, except that, in extraordinary
circumstances, payment in excess of the limits herein stated may be made if
the trial court certifies that the payment is necessary to provide fair
compensation for protracted representation, and the amount is approved by the
chief judge of the circuit. The court shall enter an order directing the
county treasurer of the county where the case was tried to pay the amount
thereby allowed by the court. The court may order the provisional payment
of sums during the pendency of the cause.
(Source: P.A. 103-51, eff. 1-1-24 .)
|
725 ILCS 5/122-5
(725 ILCS 5/122-5) (from Ch. 38, par. 122-5)
Sec. 122-5.
Proceedings on petition.)
Within 30 days after the making of an order pursuant to subsection (b) of
Section 122-2.1, or within
such further time as the court may set, the State shall answer or move to
dismiss. In the event that a motion to dismiss is filed and denied, the
State must file an answer within 20 days after such denial. No other or
further pleadings shall be filed except as the court
may order on its own motion or on that of either party. The court may in
its discretion grant leave, at any stage of the proceeding prior to entry
of judgment, to withdraw the petition. The court may in its discretion make
such order as to amendment of the petition or any other pleading, or as to
pleading over, or filing further pleadings, or extending the time of filing
any pleading other than the original petition, as shall be appropriate,
just and reasonable and as is generally provided in civil cases.
(Source: P.A. 83-942.)
|
725 ILCS 5/122-6
(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
Sec. 122-6. Disposition in trial court.
The court may receive proof by affidavits, depositions, oral testimony,
or other evidence. In its discretion the court may order the petitioner
brought before the court for the hearing. If the court finds in favor of
the petitioner, it shall enter an appropriate order with respect to the
judgment or sentence in the former proceedings and such supplementary
orders as to rearraignment, retrial, custody, conditions of pretrial release or discharge as may be
necessary and proper.
(Source: P.A. 101-652, eff. 1-1-23 .)
|
725 ILCS 5/122-7
(725 ILCS 5/122-7) (from Ch. 38, par. 122-7)
Sec. 122-7.
Any final judgment entered upon such petition shall
be reviewed in a manner
pursuant to the rules of the Supreme Court.
(Source: P.A. 79-917.)
|
725 ILCS 5/122-8
(725 ILCS 5/122-8)
Sec. 122-8. (Repealed).
(Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)
|
725 ILCS 5/122-9 (725 ILCS 5/122-9) Sec. 122-9. Motion to resentence by the People. (a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved. (b) At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. (c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. (d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served. (e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act. (f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred. (g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.
(Source: P.A. 102-102, eff. 1-1-22; 102-813, eff. 5-13-22.) |
725 ILCS 5/123 (725 ILCS 5/123) Sec. 123. (Renumbered).
(Source: P.A. 102-102, eff. 1-1-22. Renumbered by P.A. 102-813, eff. 5-13-22.) |
725 ILCS 5/Tit. VIII
(725 ILCS 5/Tit. VIII heading)
TITLE VIII.
MISCELLANEOUS
|
|
|
|