(725 ILCS 100/) State Public Defender Act.

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    (725 ILCS 100/1)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 1. Short title. This Act may be cited as the State Public Defender Act.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5. Legislative declaration. The General Assembly recognizes that zealous legal representation in criminal, juvenile delinquency, and dependency proceedings and related matters is a constitutional right of the people of the State of Illinois and that high-quality legal representation should be available regardless of a person's ability to pay. Therefore, it is the intent of the General Assembly to provide for an effective public defense system throughout the State and to encourage the active and substantial participation of the private bar in the representation of accused people.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 10. Definitions. As used in this Act, unless the context otherwise requires:
    "Commission" means the State Public Defender Commission established under Section 40.
    "Chief County Public Defender" has the meaning ascribed to it in Section 3-4000.1 of the Counties Code.
    "State Public Defender" means the individual appointed as State Public Defender under Section 30.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/15)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 15. Office of State Public Defender. The Office of State Public Defender is created as an agency of State government and as an independent agency within the judicial branch of government. The Office of State Public Defender shall be under the supervision and direction of the State Public Defender, and its records are subject to the Freedom of Information Act.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/20)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 20. Oath of office. The State Public Defender shall take the oath of office provided by law before assuming the duties of the Office of State Public Defender.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/25)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 25. Salary. The State Public Defender shall receive an annual salary equivalent to that of the Attorney General.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/30)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 30. Powers and duties of the State Public Defender.
    (a) The State Public Defender or the State Public Defender's designee shall act as attorney when appointed by a court, without fee, for all otherwise unrepresented persons in any matter in which a county public defender or other attorney may be appointed, and who the court finds are unable to afford counsel. The Office of the State Public Defender shall be the attorney, without fee, when so appointed by the court under the Juvenile Court Act of 1987.
    (b) The initial State Public Defender shall be appointed for a 2-year term by a majority vote of the Illinois Supreme Court. Each subsequent State Public Defender shall be appointed for a 6-year term under Section 45. The State Public Defender shall adopt rules, instructions, and orders consistent with this Act, further defining the organization of the Office of the State Public Defender and the duties of the Office's employees.
    (c) Before submitting a budget request to the General Assembly, the State Public Defender shall submit the budget request to the State Public Defender Commission for approval.
    (d) The State Public Defender may:
        (1) provide representation in counties located within
    
its regional offices in addition to appointed counsel and county public defenders;
        (2) provide county public defenders with the
    
assistance of attorneys, expert witnesses, investigators, administrative staff, and social service staff;
        (3) provide training and other resources to county
    
public defenders;
        (4) maintain a panel of private attorneys available
    
to serve as counsel on a case-by-case basis;
        (5) provide funding and such other support designed
    
to improve, increase access to, and advance the cause of indigent defense, including aiding county public defenders in providing effective assistance of counsel to their clients. Such funding and support shall supplement, not supplant, existing county public defender budgets and services. Before receiving any funds provided under this Section, a county must certify in writing to the State that it will not reduce county funds provided for public defense;
        (6) establish programs, alone or in conjunction with
    
law schools, for the purpose of using law students as legal assistants;
        (7) ensure access to a digital discovery storage
    
management system, case management software, and legal research subscriptions for county public defenders, taking into consideration compatibility with existing county and State-based systems; and
        (8) cooperate and consult with State and county
    
agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and support of persons charged with and convicted of crime, the administration of criminal justice, and the administration of juvenile delinquency and dependency matters, including collaboration with other court stakeholders to advocate for adequate funding of court systems.
    (e) The State Public Defender shall establish a recruitment and retention plan to ensure a skilled and diverse workforce is available to serve clients in every part of the State, including establishing competitive salary scales.
    (f) The State Public Defender shall establish and supervise training programs for the State Public Defender's employees.
    (g) The State Public Defender shall maintain a website to provide the public with information about the Office of State Public Defender and its organization, information on how to join the Client Community Advisory Board, information for people seeking employment in public defense, supplementary statistics and reports of public interest, reports to the Commission and State agencies, and agendas, minutes, and documents for Commission meetings.
    (h) The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
    (i) All required reports shall be simultaneously transmitted to the Supreme Court and to the Governor.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/35)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 35. Office of State Public Defender organization.
    (a) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a Public Defender Advisory Board, composed of attorneys providing public defense services in this State, including one or more public defenders from each Appellate Court District, which shall meet regularly to advise the Office of the State Public Defender regarding legal practice issues and resource needs around the State and establishing workload, staffing, and salary standards for the provision of public defense throughout the State.
    (b) Within the first 2 years of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to determine which judicial circuits or geographic regions require State public defenders, how many public defenders and staff are required to supplement existing county public defenders, staff, and appointed counsel in order for the State of Illinois to comply with its legal obligations, and what process should be used for guiding and tracking recommendations to judges regarding case assignments to State and county public defenders. Within the first year of the initial State Public Defender's term, the State Public Defender shall initiate a survey to determine the number of employees and contractors providing public defense services in the State and the types and numbers of matters they are handling.
    (c) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a Client Community Advisory Board, composed of former clients and impacted community members, which shall meet regularly to advise the Office of the State Public Defender regarding client legal issues and needs around the State.
    (d) Within the first year of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to devise an application process for whenever there is an open Chief County Public Defender position, including standards for job descriptions and application requirements, and a process for promotion of vacancies designed to recruit diverse, qualified candidates.
    Within the first 2 years of the initial State Public Defender's term, the State Public Defender shall collaborate with the Public Defender Advisory Board to devise standards for retention and reappointment of Chief County Public Defenders as well as a process for investigations and hearings for removal of Chief County Public Defenders, including immediate suspension when warranted. In the event a Chief County Public Defender must be immediately removed or becomes unable to serve in their position, the State Public Defender is authorized to appoint an Acting Chief County Public Defender.
    (e) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a working group to assess the availability of public defender representation and adequacy of resources in proceedings under Article II of the Juvenile Court Act of 1987. The working group members shall include current public defenders, non-public defenders that provide legal representation to parents or respondents, or both, a representative of the Department of Children and Family Services with expertise in funding under Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c), and nonprofit advocates with expertise in parent legal representation. The working group shall meet regularly to advise the Office of the State Public Defender regarding client legal issues and needs around the State. The working group shall deliver its first report and recommendations no later than 12 months after the appointment of the initial State Public Defender.
    (f) Immediately upon being appointed, the initial State Public Defender shall establish a procedure for distributions from the Public Defender Fund described under Section 3-4014 of the Counties Code.
        (1) The purpose of the Public Defender Fund is to
    
supplement, not supplant, county public defense budgets and to aid county public defenders in providing effective assistance of counsel to their clients.
        (2) State support, funding, and services provided to
    
any county public defender office shall neither affect nor be offset by any reduction in existing or projected public defender office budgets from any other source.
        (3) Appropriate uses of funds include, but are not
    
limited to:
            (A) hiring investigators, social workers, or
        
mental health clinicians;
            (B) increasing compensation for attorney and
        
non-attorney employees;
            (C) funding expert witnesses, trial technology,
        
investigation expenses, and any other case-related needs; and
            (D) training attorney and non-attorney employees.
        (4) Requests by counties for financial support from
    
the Public Defender Fund shall originate solely from the Chief County Public Defender of any jurisdiction and shall be submitted directly to the Office of the State Public Defender. Financial support shall be paid to the county in which the requesting chief public defender practices, and the county treasurer shall cause that entire amount to be placed in the operating budget of the public defender for immediate use.
        (5) County public defender offices shall provide the
    
Office of State Public Defender with a report including a detailed accounting of the provided funds and an evaluation of the impact of the provided funds within a reasonable time frame established by the Office of State Public Defender.
    (g) Following the planning phase described in subsections (a) through (f), the State Public Defender may establish regional offices. The State Public Defender may appoint a deputy public defender for each regional office who shall serve as the administrator of that office. Each deputy public defender must be an attorney licensed to practice law in this State. Deputy public defenders shall serve at the pleasure of the State Public Defender.
    (h) The Office of the State Public Defender may hire and train new State-employed personnel to carry out the Office's duties under this Act, including, but not limited to, attorneys licensed to practice law in this State, and administrative, investigative, and social services employees. Nothing in this Act shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement or representation rights under the Illinois Public Labor Relations Act, if applicable.
    (i) Deputy public defenders may employ, with the approval of the State Public Defender, assistant public defenders, investigators, social services staff, administrative staff, and other employees under their direct supervision, as described in subsection (h).
    (j) Attorneys employed by the Office of the State Public Defender shall devote full time to their duties, except as provided in Section 50, and may not engage in the private practice of law.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/40)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 40. State Public Defender Commission.
    (a) The State Public Defender Commission is created as an independent body within the judicial branch. The Commission shall be composed of 11 members, appointed as follows:
        (1) two members appointed by the Governor;
        (2) three members appointed by the Supreme Court;
        (3) one member appointed by the Speaker of the House
    
of Representatives;
        (4) one member appointed by the Minority Leader of
    
the House of Representatives;
        (5) one member appointed by the President of the
    
Senate;
        (6) one member appointed by the Minority Leader of
    
the Senate;
        (7) one member appointed by the Governor representing
    
community-based organizations that support the success of people impacted by the criminal or juvenile delinquency and dependency legal systems; and
        (8) one member appointed by the Governor representing
    
organizations advocating for civil rights or criminal or juvenile delinquency or dependency legal system reform.
    All appointments shall be filed with the Secretary of State by the appointing authority within 3 months of the effective date of this Act and within 3 months of any subsequent vacancy. The terms of the original members shall be as follows: 5 members shall be appointed to 2-year terms and until a successor is appointed and qualified and 6 members shall be appointed to 4-year terms and until a successor is appointed and qualified. Thereafter, all members shall be appointed to 4-year terms and until a successor is appointed and qualified. The chairperson, at the first meeting of the Commission, shall conduct a drawing by lot to determine whether each original member shall be appointed to a 2-year or 4-year term.
    (b) Persons appointed to the Commission shall have significant experience in the defense of indigent clients in criminal or juvenile proceedings or shall have demonstrated a strong commitment to quality representation in indigent defense matters. No person shall be appointed to the Commission who, within the 2 years prior to appointment, has received compensation to be a judge, elected official, judicial officer, prosecutor, or law enforcement official, or who has served as an employee of such a person.
    (c) No member may serve more than 2 full 4-year terms. Vacancies in the membership of the Commission are to be filled in the same manner as original appointments. A vacancy shall be declared upon any member missing 3 or more meetings in a row unless the chairperson finds there was good cause for the absences. Appointments to fill vacancies occurring before the expiration of a term are for the remainder of the unexpired term.
    (d) Members of the Commission shall elect from the membership of the Commission a chairperson, vice-chairperson, and secretary. No officer may serve more than one full 4-year term as an officer. The Commission shall meet quarterly. The chairperson shall determine the time and place of meetings. Additional meetings may be held upon petition to the chairperson by 7 or more members of the Commission or upon the call of the chairperson after 7 days written notice to the members.
    (e) The first act of the Commission shall be to identify the operational costs and funding sources for establishing the Office of the State Public Defender.
    (f) The Commission shall approve the Office of State Public Defender distribution of the Public Defender Fund under Section 3-4014 of the Counties Code.
    (g) Members of the Commission may receive a stipend upon demonstrated need, based on a decision of the chairperson. Members of the Commission shall receive reimbursement for actual expenses incurred in the performance of the member's duties.
    (h) Six members of the Commission constitute a quorum.
    (i) Records and proceedings of the Commission shall be subject to the Open Meetings Act and Freedom of Information Act.
(Source: P.A. 104-300, eff. 7-1-26.)

    (725 ILCS 100/45)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 45. Powers and duties of the State Public Defender Commission.
    (a) The Commission shall appoint, by a vote of a majority of its members, a State Public Defender for a 6-year term and until the State Public Defender's successor is appointed and qualified. The State Public Defender must be an attorney licensed to practice law in this State and whose practice of law has clearly demonstrated experience in the representation of persons accused of crime; who has been licensed to practice law in this State or in another state for at least 5 years; who has had administrative experience; and who is dedicated to the goals of providing high-quality representation for eligible persons and to improving the quality of defense services generally. The State Public Defender shall devote full time to the duties of the Office of State Public Defender and may not engage in the private practice of law.
    (b) The State Public Defender shall draft, and the Commission shall approve and publish, standards for trial-level public defense to guarantee the right of indigent defendants to the assistance of counsel as provided under the Sixth Amendment of the United States Constitution. The standards shall include, but are not limited to:
        (1) maximum workloads for felony, misdemeanor,
    
traffic, juvenile, and post-conviction cases to be handled by attorneys who provide public defense services;
        (2) minimum staffing levels for non-attorney staff,
    
such as investigators, mitigators, social workers, and administrative support staff;
        (3) supervision and experience standards relative to
    
case complexity;
        (4) requirements to ensure that attorneys providing
    
public defense services are independent, free of conflicts of interest, and free of economic disincentives or incentives that impair defense counsel's ability to provide effective representation;
        (5) sufficient private office space, located at or
    
near the courthouse where the public defender practices, and videoconferencing technology, to allow attorney-client confidentiality to be safeguarded for meetings between public defenders and their clients;
        (6) adequate resources for expert witnesses, trial
    
technology, investigation expenses, and any other case-related needs;
        (7) continuous representation by one attorney
    
throughout the pendency of the case to the extent possible; and
        (8) ongoing, systematic evaluation of each public
    
defense agency.
    (c) The Commission shall approve or modify an operational budget and the Public Defender Fund expenditures submitted to the Commission by the State Public Defender.
    (d) The Commission may remove the State Public Defender only for cause and after a hearing. The Commission may hold such a hearing on the Commission's own motion and may adopt rules establishing other procedures for the hearing.
    (e) The State Public Defender shall submit reports to the Commission on the operation of the Office of State Public Defender at each quarterly meeting. The State Public Defender shall submit a comprehensive report to the Commission at the end of each fiscal year. The Commission may require the State Public Defender to submit additional or amended reports on any aspect of the operation of the Office of State Public Defender.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/50)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 50. Shared position. As used in this Section, "shared position" means a position in which individuals share the salary and employee benefits. For purposes of seniority, each individual shall receive credit at a rate equal to the percentage of time employed in a shared position. Attorneys sharing a position may not engage in the private practice of law.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/90)
    Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 104-300, eff. 1-1-27; text omitted.)

    (725 ILCS 100/95)
    Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 104-300, eff. 1-1-27; text omitted.)

    (725 ILCS 100/100)
    Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 104-300, eff. 1-1-27; text omitted.)

    (725 ILCS 100/105)
    Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 104-300, eff. 1-1-27; text omitted.)

    (725 ILCS 100/110)
    Sec. 110. The Counties Code is amended by repealing Sections 3-4008, 3-4010, 3-4011, and 3-4013.
(Source: P.A. 104-300, eff. 1-1-27.)

    (725 ILCS 100/999)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 999. Effective date. This Act takes effect January 1, 2027, except Section 40 and this Section take effect July 1, 2026.
(Source: P.A. 104-300, eff. 7-1-26.)