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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Capital Crimes Litigation Act is amended by | ||||||
5 | changing Sections 10 and 15 as follows:
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6 | (725 ILCS 124/10)
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7 | Sec. 10. Court appointed trial counsel; compensation and | ||||||
8 | expenses.
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9 | (a) This Section applies only to compensation and expenses | ||||||
10 | of trial
counsel appointed by the court as set forth in Section | ||||||
11 | 5,
other than public defenders, for the period after | ||||||
12 | arraignment and so long as
the
State's Attorney has not, at any | ||||||
13 | time, filed a certificate indicating he or she
will not seek | ||||||
14 | the death penalty or stated on the record in open court that | ||||||
15 | the
death penalty will not be sought.
| ||||||
16 | (a-5) Litigation budget.
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17 | (1) In a case in which the State has filed a statement | ||||||
18 | of intent to seek the death penalty, the court shall | ||||||
19 | require appointed counsel, including those appointed in | ||||||
20 | Cook County, after counsel has had adequate time to review | ||||||
21 | the case and prior to engaging trial assistance, to submit | ||||||
22 | a proposed estimated litigation budget for court approval, | ||||||
23 | that will be subject to modification in light of facts and |
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1 | developments that emerge as the case proceeds. Case budgets | ||||||
2 | should be submitted ex parte and filed and maintained under | ||||||
3 | seal in order to protect the defendant's right to effective | ||||||
4 | assistance of counsel, right not to incriminate him or | ||||||
5 | herself and all applicable privileges. Case budgets shall | ||||||
6 | be reviewed and approved by the judge assigned to try the | ||||||
7 | case. As provided under subsection (c) of this Section, | ||||||
8 | petitions for compensation shall be reviewed by both the | ||||||
9 | trial judge and the presiding judge or the presiding | ||||||
10 | judge's designee.
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11 | (2) The litigation budget shall serve purposes | ||||||
12 | comparable to those of private retainer agreements by | ||||||
13 | confirming both the court's and the attorney's | ||||||
14 | expectations regarding fees and expenses. Consideration | ||||||
15 | should be given to employing an ex parte pretrial | ||||||
16 | conference in order to facilitate reaching agreement on a | ||||||
17 | litigation budget at the earliest opportunity.
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18 | (3) The budget shall be incorporated into a sealed | ||||||
19 | initial pretrial order that reflects the understandings of | ||||||
20 | the court and counsel regarding all matters affecting | ||||||
21 | counsel compensation and reimbursement and payments for | ||||||
22 | investigative, expert and other services, including but | ||||||
23 | not limited to the following matters:
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24 | (A) The hourly rate at which counsel will be | ||||||
25 | compensated;
| ||||||
26 | (B) The hourly rate at which private |
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1 | investigators, other than investigators employed by | ||||||
2 | the Office of the State Appellate Defender, will be | ||||||
3 | compensated; and
| ||||||
4 | (C) The best preliminary estimate that can be made | ||||||
5 | of the cost of all services, including, but not limited | ||||||
6 | to, counsel, expert, and investigative services, that | ||||||
7 | are likely to be needed through the guilt and penalty | ||||||
8 | phases of the trial. The court shall have discretion to | ||||||
9 | require that budgets be prepared for shorter intervals | ||||||
10 | of time.
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11 | (4) Appointed counsel may obtain, subject to later | ||||||
12 | review, investigative,
expert or other services without | ||||||
13 | prior authorization if necessary for an adequate defense. | ||||||
14 | If such services are obtained, the presiding judge or the | ||||||
15 | presiding judge's designee shall consider in an ex parte | ||||||
16 | proceeding that timely procurement of necessary services | ||||||
17 | could not await prior authorization. If an ex parte hearing | ||||||
18 | is requested by defense counsel or deemed necessary by the | ||||||
19 | trial judge prior to modifying a budget, the ex parte | ||||||
20 | hearing shall be before the presiding judge or the | ||||||
21 | presiding judge's designee. The judge may then authorize | ||||||
22 | such services nunc pro tunc. If the presiding judge or the | ||||||
23 | presiding judge's designee finds that the services were not | ||||||
24 | reasonable, payment may be denied.
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25 | (5) An approved budget shall guide counsel's use of | ||||||
26 | time and resources by indicating the services for which |
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1 | compensation is authorized. The case budget shall be | ||||||
2 | re-evaluated when justified by changed or unexpected | ||||||
3 | circumstances and shall be modified by the court when | ||||||
4 | reasonable and necessary for an adequate defense. If an ex | ||||||
5 | parte hearing is requested by defense counsel or deemed | ||||||
6 | necessary by the trial judge prior to modifying a budget, | ||||||
7 | the ex parte hearing shall be before the presiding judge or | ||||||
8 | the presiding judge's designee.
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9 | (b) Appointed trial counsel
shall be compensated upon | ||||||
10 | presentment and
certification by the
circuit court of a claim | ||||||
11 | for services detailing the date, activity, and time
duration | ||||||
12 | for
which compensation is sought. Compensation for appointed | ||||||
13 | trial counsel may be
paid at
a reasonable rate
not to exceed | ||||||
14 | $125 per hour. The court shall not authorize payment of bills | ||||||
15 | that are not properly itemized. A request for payment shall be | ||||||
16 | presented under seal and reviewed ex parte with a court | ||||||
17 | reporter present.
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18 | Beginning in 2001, every January 20, the statutory rate | ||||||
19 | prescribed in this
subsection shall
be automatically increased | ||||||
20 | or decreased, as applicable, by a percentage equal
to the
| ||||||
21 | percentage change in the consumer price index-u during the | ||||||
22 | preceding 12-month
calendar
year. "Consumer price index-u" | ||||||
23 | means the index published by the Bureau of Labor
Statistics of | ||||||
24 | the United States Department of Labor that measures the average
| ||||||
25 | change in
prices of goods and services purchased by all urban | ||||||
26 | consumers, United States
city
average, all items, 1982-84=100. |
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1 | The new rate resulting from each annual
adjustment
shall be | ||||||
2 | determined by the State Treasurer and made available to the | ||||||
3 | chief
judge of
each
judicial circuit.
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4 | (c) Appointed trial counsel may also petition the court for | ||||||
5 | certification of
expenses for
reasonable and necessary capital | ||||||
6 | litigation expenses including, but not limited
to, | ||||||
7 | investigatory and other assistance, expert, forensic, and | ||||||
8 | other
witnesses, and mitigation specialists.
Each provider of | ||||||
9 | proposed services must specify the best preliminary estimate | ||||||
10 | that can be made in light of information received in the case | ||||||
11 | at that point, and the provider must sign this estimate under | ||||||
12 | the provisions of Section 1-109 of the Code of Civil Procedure. | ||||||
13 | A provider of proposed services must also specify (1) his or | ||||||
14 | her hourly rate; (2) the hourly rate of anyone else in his or | ||||||
15 | her employ for whom reimbursement is sought; and (3) the hourly | ||||||
16 | rate of any person or entity that may be subcontracted to | ||||||
17 | perform these services. Counsel may not petition for | ||||||
18 | certification of expenses that may have been
provided or | ||||||
19 | compensated by the State Appellate Defender under item (c)(5) | ||||||
20 | of
Section 10 of the State
Appellate
Defender Act. The | ||||||
21 | petitions shall be filed under seal and considered ex parte but | ||||||
22 | with a court reporter present for all ex parte conferences. If | ||||||
23 | the requests are submitted after services have been rendered, | ||||||
24 | the requests shall be supported by an invoice describing the | ||||||
25 | services rendered, the dates the services were performed and | ||||||
26 | the amount of time spent. These petitions shall be reviewed by |
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1 | both the trial judge and the presiding judge of the circuit | ||||||
2 | court or the presiding judge's designee. The petitions and | ||||||
3 | orders shall be kept under seal and shall be exempt from | ||||||
4 | Freedom of Information requests until the conclusion of the | ||||||
5 | trial, even if the prosecution chooses not to pursue the death | ||||||
6 | penalty prior to trial or sentencing. If an ex parte hearing is | ||||||
7 | requested by defense counsel or deemed necessary by the trial | ||||||
8 | judge, the hearing shall be before the presiding judge or the | ||||||
9 | presiding judge's designee.
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10 | (d) Appointed trial counsel shall petition the court for | ||||||
11 | certification of
compensation and expenses under this Section | ||||||
12 | periodically during the course of
counsel's representation. | ||||||
13 | The petitions shall be supported by itemized bills showing the | ||||||
14 | date, the amount of time spent, the work done and the total | ||||||
15 | being charged for each entry. The court shall not authorize | ||||||
16 | payment of bills that are not properly itemized. The court must | ||||||
17 | certify reasonable and necessary expenses of the petitioner for | ||||||
18 | travel and per diem (lodging, meals, and incidental expenses). | ||||||
19 | These expenses must be paid at the rate as promulgated by the | ||||||
20 | United States General Services Administration for these | ||||||
21 | expenses for the date and location in which they were incurred, | ||||||
22 | unless extraordinary reasons are shown for the difference. The | ||||||
23 | petitions shall be filed under seal and considered ex parte but | ||||||
24 | with a court reporter present for all ex parte conferences. The | ||||||
25 | petitions shall be reviewed by both the trial judge and the | ||||||
26 | presiding judge of the circuit court or the presiding judge's |
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1 | designee. If an ex parte hearing is requested by defense | ||||||
2 | counsel or deemed necessary by the trial judge, the ex parte | ||||||
3 | hearing shall be before the presiding judge or the presiding | ||||||
4 | judge's designee. If
the court determines that the compensation | ||||||
5 | and expenses should be paid from the
Capital
Litigation Trust | ||||||
6 | Fund, the court shall certify, on a form created by the State
| ||||||
7 | Treasurer, that all or a designated portion of the amount | ||||||
8 | requested is
reasonable, necessary, and appropriate for | ||||||
9 | payment from the Trust Fund.
The form must also be signed by | ||||||
10 | lead trial counsel under the provisions of Section 1-109 of the | ||||||
11 | Code of Civil Procedure verifying that the amount requested is | ||||||
12 | reasonable, necessary, and appropriate. Bills submitted for | ||||||
13 | payment by any individual or entity seeking payment from the | ||||||
14 | Capital Litigation Trust Fund must also be accompanied by a | ||||||
15 | form created by the State Treasurer and signed by the | ||||||
16 | individual or responsible agent of the entity under the | ||||||
17 | provisions of Section 1-109 of the Code of Civil Procedure that | ||||||
18 | the amount requested is accurate and truthful and reflects time | ||||||
19 | spent or expenses incurred. Certification of compensation and | ||||||
20 | expenses by a court in any county other than
Cook County shall
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21 | be delivered by the court to the State Treasurer and must be | ||||||
22 | paid by the State
Treasurer
directly from the Capital | ||||||
23 | Litigation Trust Fund if there are sufficient moneys
in the | ||||||
24 | Trust Fund to pay the compensation and expenses. If the State | ||||||
25 | Treasurer finds within 14 days of his or her receipt of a | ||||||
26 | certification that the compensation and expenses to be paid are |
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1 | unreasonable, unnecessary, or inappropriate, he or she may | ||||||
2 | return the certification to the court setting forth in detail | ||||||
3 | the objection or objections with a request for the court to | ||||||
4 | review the objection or objections before resubmitting the | ||||||
5 | certification. The State Treasurer must send the claimant a | ||||||
6 | copy of the objection or objections. The State Treasurer may | ||||||
7 | only seek a review of a specific objection once. The claimant | ||||||
8 | has 7 days from his or her receipt of the objections to file a | ||||||
9 | response with the court. With or without further hearing, the | ||||||
10 | court must promptly rule on the objections. The petitions and | ||||||
11 | orders shall be kept under seal and shall be exempt from | ||||||
12 | Freedom of Information requests until the conclusion of the | ||||||
13 | trial and appeal of the case, even if the prosecution chooses | ||||||
14 | not to pursue the death penalty prior to trial or sentencing.
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15 | Certification of
compensation and expenses by a court in
Cook
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16 | County shall be delivered by the court to the county treasurer | ||||||
17 | and paid by the
county treasurer from moneys granted to the | ||||||
18 | county from the Capital Litigation
Trust Fund.
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19 | (Source: P.A. 94-664, eff. 1-1-06.)
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20 | (725 ILCS 124/15)
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21 | Sec. 15. Capital Litigation Trust Fund.
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22 | (a) The Capital Litigation
Trust Fund is
created as a | ||||||
23 | special fund in the State Treasury. The Trust Fund shall be
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24 | administered by
the State
Treasurer to provide moneys for the | ||||||
25 | appropriations to be made, grants to
be awarded, and |
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1 | compensation and expenses to be paid under this Act.
All | ||||||
2 | interest earned from the investment or deposit of moneys | ||||||
3 | accumulated in the
Trust Fund shall, under Section 4.1 of the | ||||||
4 | State Finance Act, be deposited
into the Trust Fund.
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5 | (b) Moneys deposited into the Trust Fund shall not be | ||||||
6 | considered general
revenue of the State of Illinois.
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7 | (c) Moneys deposited into the Trust Fund shall be used | ||||||
8 | exclusively for the
purposes of
providing funding for the
| ||||||
9 | prosecution
and defense of capital cases and for providing | ||||||
10 | funding for post-conviction proceedings in capital cases under | ||||||
11 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
12 | relation to petitions filed under Section 2-1401 of the Code of | ||||||
13 | Civil Procedure in relation to capital cases as provided in | ||||||
14 | this Act and shall not be
appropriated, loaned, or in any
| ||||||
15 | manner
transferred to the General Revenue Fund of the State of | ||||||
16 | Illinois.
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17 | (d) Every fiscal year the State Treasurer shall transfer | ||||||
18 | from the General
Revenue Fund to the Capital Litigation Trust | ||||||
19 | Fund an amount equal to the full
amount of moneys appropriated | ||||||
20 | by the General Assembly (both by original and
supplemental
| ||||||
21 | appropriation), less any unexpended balance from the previous | ||||||
22 | fiscal year, from
the Capital Litigation Trust Fund for the | ||||||
23 | specific
purpose of making funding available for the
| ||||||
24 | prosecution and defense of capital cases and for the litigation | ||||||
25 | expenses associated with post-conviction proceedings in | ||||||
26 | capital cases under Article 122 of the Code of Criminal |
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| |||||||
1 | Procedure of 1963 and in relation to petitions filed under | ||||||
2 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
3 | capital cases. The Public Defender and State's
Attorney in Cook | ||||||
4 | County, the State Appellate Defender, the State's Attorneys
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5 | Appellate Prosecutor, and the Attorney General shall make | ||||||
6 | annual requests for
appropriations from the Trust Fund.
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7 | (1) The Public Defender in Cook County shall
request | ||||||
8 | appropriations to the State Treasurer for expenses | ||||||
9 | incurred by
the Public Defender
and for funding for private | ||||||
10 | appointed defense counsel in Cook
County.
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11 | (2) The State's Attorney in Cook County
shall request | ||||||
12 | an appropriation to the State Treasurer for expenses | ||||||
13 | incurred
by the State's
Attorney.
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14 | (3) The State Appellate Defender shall request a direct | ||||||
15 | appropriation
from the Trust Fund for expenses incurred by | ||||||
16 | the State Appellate Defender in
providing assistance to | ||||||
17 | trial attorneys under item (c)(5) of Section 10 of the
| ||||||
18 | State Appellate Defender Act and for expenses incurred by | ||||||
19 | the State Appellate Defender in representing petitioners | ||||||
20 | in capital cases in post-conviction proceedings under | ||||||
21 | Article 122 of the Code of Criminal Procedure of 1963 and | ||||||
22 | in relation to petitions filed under Section 2-1401 of the | ||||||
23 | Code of Civil Procedure in relation to capital cases and | ||||||
24 | for the representation of those petitioners by attorneys | ||||||
25 | approved by or contracted with the State Appellate Defender
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26 | and
an appropriation to the State Treasurer for payments |
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1 | from the Trust Fund for
the defense of cases in
counties | ||||||
2 | other than Cook County.
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3 | (4) The State's Attorneys Appellate Prosecutor
shall | ||||||
4 | request a direct appropriation from the Trust Fund to pay | ||||||
5 | expenses
incurred by the State's Attorneys Appellate | ||||||
6 | Prosecutor and an appropriation to
the State Treasurer
for | ||||||
7 | payments from the Trust Fund for expenses incurred by | ||||||
8 | State's Attorneys in
counties other than Cook County.
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9 | (5) The Attorney General shall request a direct
| ||||||
10 | appropriation from the Trust Fund to pay expenses incurred | ||||||
11 | by the Attorney
General in assisting
the State's Attorneys | ||||||
12 | in counties other than Cook
County and to pay for expenses | ||||||
13 | incurred by the Attorney General when the
Attorney General | ||||||
14 | is ordered by the presiding judge of the Criminal Division | ||||||
15 | of
the Circuit Court of Cook County to prosecute or | ||||||
16 | supervise the prosecution of
Cook County cases and for | ||||||
17 | expenses incurred by the Attorney General in representing | ||||||
18 | the State in post-conviction proceedings in capital cases | ||||||
19 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
20 | and in relation to petitions filed under Section 2-1401 of | ||||||
21 | the Code of Civil Procedure in relation to capital cases.
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22 | The Public Defender and State's Attorney in Cook County, | ||||||
23 | the State Appellate
Defender, the State's Attorneys Appellate | ||||||
24 | Prosecutor, and the Attorney General
may each request | ||||||
25 | supplemental appropriations from the Trust Fund during the
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26 | fiscal
year.
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1 | (e) Moneys in the Trust Fund shall be expended only as | ||||||
2 | follows:
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3 | (1) To pay the State Treasurer's costs to administer | ||||||
4 | the Trust Fund. The
amount
for this purpose may not exceed | ||||||
5 | 5% in any one fiscal year of the
amount otherwise | ||||||
6 | appropriated from the Trust Fund in the same
fiscal year.
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7 | (2) To pay the capital litigation
expenses of trial | ||||||
8 | defense and post-conviction proceedings in capital cases | ||||||
9 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
10 | and in relation to petitions filed under Section 2-1401 of | ||||||
11 | the Code of Civil Procedure in relation to capital cases
| ||||||
12 | including, but not limited
to, DNA testing, including DNA | ||||||
13 | testing under Section 116-3 of the Code of
Criminal | ||||||
14 | Procedure of 1963, analysis, and expert testimony, | ||||||
15 | investigatory and
other assistance, expert, forensic, and | ||||||
16 | other witnesses,
and mitigation specialists,
and grants | ||||||
17 | and aid
provided to public
defenders, appellate defenders, | ||||||
18 | and any attorney approved by or contracted with the State | ||||||
19 | Appellate Defender representing petitioners in | ||||||
20 | post-conviction proceedings in capital cases under Article | ||||||
21 | 122 of the Code of Criminal Procedure of 1963 and in | ||||||
22 | relation to petitions filed under Section 2-1401 of the | ||||||
23 | Code of Civil Procedure in relation to capital cases or | ||||||
24 | assistance to attorneys who have been appointed by the | ||||||
25 | court to
represent
defendants who are charged with capital | ||||||
26 | crimes. Reasonable and necessary capital litigation
|
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| |||||||
1 | expenses include travel and per diem (lodging, meals, and | ||||||
2 | incidental expenses).
| ||||||
3 | (3) To pay the compensation of trial attorneys, other | ||||||
4 | than public
defenders or appellate defenders, who
have
been | ||||||
5 | appointed by the court to represent defendants who are | ||||||
6 | charged with
capital crimes or attorneys approved by or | ||||||
7 | contracted with the State Appellate Defender to represent | ||||||
8 | petitioners in post-conviction proceedings in capital | ||||||
9 | cases under Article 122 of the Code of Criminal Procedure | ||||||
10 | of 1963 and in relation to petitions filed under Section | ||||||
11 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
12 | capital cases.
| ||||||
13 | (4) To provide State's Attorneys with funding for | ||||||
14 | capital
litigation expenses and for expenses of | ||||||
15 | representing the State in post-conviction proceedings in | ||||||
16 | capital cases under Article 122 of the Code of Criminal | ||||||
17 | Procedure of 1963 and in relation to petitions filed under | ||||||
18 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
19 | to capital cases including, but not limited to, | ||||||
20 | investigatory and other
assistance and expert,
forensic, | ||||||
21 | and other
witnesses necessary to prosecute capital cases.
| ||||||
22 | State's Attorneys
in any county other than Cook County | ||||||
23 | seeking funding for
capital litigation expenses and for | ||||||
24 | expenses of representing the State in post-conviction | ||||||
25 | proceedings in capital cases under Article 122 of the Code | ||||||
26 | of Criminal Procedure of 1963 and in relation to petitions |
| |||||||
| |||||||
1 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
2 | in relation to capital cases including, but not limited to,
| ||||||
3 | investigatory and other assistance
and expert, forensic, | ||||||
4 | or other witnesses under this
Section may request that
the | ||||||
5 | State's Attorneys Appellate Prosecutor or the Attorney | ||||||
6 | General, as the case
may be, certify the expenses as | ||||||
7 | reasonable,
necessary, and appropriate for payment from | ||||||
8 | the Trust Fund, on a form created
by the State Treasurer. | ||||||
9 | Upon certification of the expenses and delivery of the
| ||||||
10 | certification to the State Treasurer, the Treasurer shall | ||||||
11 | pay the expenses
directly from the Capital Litigation Trust | ||||||
12 | Fund if there are sufficient moneys
in the Trust Fund to | ||||||
13 | pay the expenses.
| ||||||
14 | (5) To provide financial support through the
Attorney | ||||||
15 | General pursuant to the Attorney General Act for the
| ||||||
16 | several county State's Attorneys outside of Cook County, | ||||||
17 | but shall not be used
to increase personnel for the | ||||||
18 | Attorney General's Office, except when the
Attorney | ||||||
19 | General is ordered by the presiding judge of the Criminal | ||||||
20 | Division of
the Circuit Court of Cook County to prosecute | ||||||
21 | or supervise the prosecution of
Cook County cases.
| ||||||
22 | (6) To provide financial support through the State's | ||||||
23 | Attorneys Appellate
Prosecutor pursuant to the State's | ||||||
24 | Attorneys Appellate Prosecutor's
Act for the several | ||||||
25 | county State's Attorneys outside of Cook County, but shall
| ||||||
26 | not be used to increase personnel for the State's Attorneys |
| |||||||
| |||||||
1 | Appellate
Prosecutor.
| ||||||
2 | (7) To provide financial support to the State Appellate | ||||||
3 | Defender pursuant
to
the State Appellate Defender Act.
| ||||||
4 | Moneys expended from the Trust Fund shall be in addition to | ||||||
5 | county
funding for Public Defenders and State's Attorneys, and | ||||||
6 | shall not be used to
supplant or reduce ordinary and customary | ||||||
7 | county funding.
| ||||||
8 | (f) Moneys in the Trust Fund shall be appropriated to the | ||||||
9 | State Appellate
Defender, the State's Attorneys Appellate | ||||||
10 | Prosecutor, the Attorney General,
and
the State Treasurer. The | ||||||
11 | State Appellate Defender shall receive an
appropriation from | ||||||
12 | the Trust Fund to enable it to provide assistance to
appointed | ||||||
13 | defense counsel and attorneys approved by or contracted with | ||||||
14 | the State Appellate Defender to represent petitioners in | ||||||
15 | post-conviction proceedings in capital cases under Article 122 | ||||||
16 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
17 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
18 | Procedure in relation to capital cases throughout the State and | ||||||
19 | to Public Defenders in
counties other than Cook.
The State's
| ||||||
20 | Attorneys Appellate Prosecutor and the Attorney General shall | ||||||
21 | receive
appropriations from the Trust Fund to enable them to | ||||||
22 | provide assistance to
State's Attorneys in counties other than | ||||||
23 | Cook County and when the Attorney
General is ordered by the
| ||||||
24 | presiding judge of the Criminal Division of the Circuit Court | ||||||
25 | of Cook County to
prosecute or supervise the prosecution of | ||||||
26 | Cook County cases.
Moneys shall be appropriated to the State |
| |||||||
| |||||||
1 | Treasurer to enable the Treasurer (i)
to make grants
to
Cook | ||||||
2 | County, (ii) to pay the expenses of Public Defenders, the State | ||||||
3 | Appellate Defender, the Attorney General, the Office of the | ||||||
4 | State's Attorneys Appellate Prosecutor, and State's
Attorneys | ||||||
5 | in counties other than Cook County, (iii) to pay the expenses | ||||||
6 | and
compensation of appointed defense counsel and attorneys | ||||||
7 | approved by or contracted with the State Appellate Defender to | ||||||
8 | represent petitioners in post-conviction proceedings in | ||||||
9 | capital cases under Article 122 of the Code of Criminal | ||||||
10 | Procedure of 1963 and in relation to petitions filed under | ||||||
11 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
12 | capital cases in counties other than Cook County,
and (iv) to | ||||||
13 | pay
the
costs of
administering the Trust Fund. All expenditures | ||||||
14 | and grants made from the Trust
Fund shall be subject to audit | ||||||
15 | by the Auditor General.
| ||||||
16 | (g) For Cook County, grants from the Trust Fund shall be
| ||||||
17 | made and administered as follows:
| ||||||
18 | (1) For each State fiscal year, the
State's Attorney | ||||||
19 | and Public Defender must each make a separate application | ||||||
20 | to
the State Treasurer for capital litigation grants.
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21 | (2) The State Treasurer shall establish rules and | ||||||
22 | procedures for grant
applications. The rules shall require | ||||||
23 | the Cook County Treasurer as the grant
recipient to report | ||||||
24 | on a
periodic basis to the State Treasurer how much of the | ||||||
25 | grant has been
expended, how much of the grant is | ||||||
26 | remaining, and the purposes for which the
grant has been |
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1 | used. The rules may also require the Cook County Treasurer | ||||||
2 | to
certify on
a periodic basis that expenditures of the | ||||||
3 | funds have been made for expenses
that are reasonable, | ||||||
4 | necessary, and appropriate for payment from the Trust
Fund.
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5 | (3) The State Treasurer shall make the grants to the | ||||||
6 | Cook County Treasurer
as soon as possible after the | ||||||
7 | beginning of the State fiscal year.
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8 | (4) The State's Attorney or Public Defender may apply | ||||||
9 | for supplemental
grants during the fiscal year.
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10 | (5) Grant moneys shall be paid to the Cook County | ||||||
11 | Treasurer in block
grants and
held in separate accounts for
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12 | the State's Attorney, the Public Defender, and court | ||||||
13 | appointed defense counsel
other than the Cook County Public | ||||||
14 | Defender, respectively, for the designated
fiscal year, | ||||||
15 | and are not subject to county appropriation.
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16 | (6) Expenditure of grant moneys under this subsection | ||||||
17 | (g) is subject to
audit by the Auditor General.
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18 | (7) The Cook County Treasurer shall immediately make | ||||||
19 | payment from the
appropriate separate account in the county | ||||||
20 | treasury for capital litigation
expenses to the State's | ||||||
21 | Attorney, Public Defender, or court appointed defense
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22 | counsel other than the Public Defender, as the case may be, | ||||||
23 | upon
order of the State's Attorney, Public Defender or the | ||||||
24 | court, respectively.
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25 | (h) If a defendant in a capital case in Cook County is | ||||||
26 | represented by
court appointed counsel other than the Cook |
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1 | County Public Defender, the
appointed counsel shall petition | ||||||
2 | the court for an order directing the Cook
County Treasurer to | ||||||
3 | pay the court appointed counsel's reasonable and necessary
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4 | compensation and capital
litigation expenses from grant moneys | ||||||
5 | provided from the Trust Fund.
The petitions shall be supported | ||||||
6 | by itemized bills showing the date, the amount of time spent, | ||||||
7 | the work done and the total being charged for each entry. The | ||||||
8 | court shall not authorize payment of bills that are not | ||||||
9 | properly itemized. The petitions shall be filed under seal and | ||||||
10 | considered ex parte but with a court reporter present for all | ||||||
11 | ex parte conferences. The petitions shall be reviewed by both | ||||||
12 | the trial judge and the presiding judge of the circuit court or | ||||||
13 | the presiding judge's designee. The petitions and orders shall | ||||||
14 | be kept under seal and shall be exempt from Freedom of | ||||||
15 | Information requests until the conclusion of the trial and | ||||||
16 | appeal of the case, even if the prosecution chooses not to | ||||||
17 | pursue the death penalty prior to trial or sentencing. Orders | ||||||
18 | denying petitions for
compensation or expenses are final.
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19 | Counsel may not petition for expenses that may have been | ||||||
20 | provided or
compensated by the State
Appellate Defender under | ||||||
21 | item (c)(5) of Section 10 of the State Appellate
Defender Act.
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22 | (i) In counties other than Cook County, and when the | ||||||
23 | Attorney General is
ordered by the presiding judge of the | ||||||
24 | Criminal Division of the Circuit Court of
Cook County to | ||||||
25 | prosecute or supervise the prosecution of Cook County cases,
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26 | and excluding capital litigation
expenses or services that may |
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1 | have been provided by the State Appellate
Defender under item | ||||||
2 | (c)(5) of
Section 10 of the State Appellate Defender Act:
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3 | (1) Upon certification by the circuit court, on a form | ||||||
4 | created by the
State Treasurer, that all or a portion of | ||||||
5 | the
expenses are reasonable, necessary, and appropriate | ||||||
6 | for payment from the Trust
Fund and the court's delivery of | ||||||
7 | the
certification to the Treasurer, the Treasurer shall pay | ||||||
8 | the certified
expenses of Public Defenders and the State | ||||||
9 | Appellate Defender from the money appropriated to the | ||||||
10 | Treasurer for
capital litigation
expenses of Public | ||||||
11 | Defenders and post-conviction proceeding expenses in | ||||||
12 | capital cases of the State Appellate Defender and expenses | ||||||
13 | in relation to petitions filed under Section 2-1401 of the | ||||||
14 | Code of Civil Procedure in relation to capital cases in any | ||||||
15 | county other than Cook County, if there are
sufficient | ||||||
16 | moneys in the Trust Fund to pay the expenses.
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17 | (2) If a defendant in a capital case is represented by | ||||||
18 | court appointed
counsel other than the Public Defender, the | ||||||
19 | appointed counsel shall petition
the court to certify | ||||||
20 | compensation and capital litigation expenses including,
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21 | but not limited to, investigatory and other assistance, | ||||||
22 | expert, forensic, and
other witnesses, and mitigation | ||||||
23 | specialists as reasonable, necessary, and
appropriate for
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24 | payment from the Trust Fund. If a petitioner in a capital | ||||||
25 | case who has filed a petition for post-conviction relief | ||||||
26 | under Article 122 of the Code of Criminal Procedure of 1963 |
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1 | or a petition under Section 2-1401 of the Code of Civil | ||||||
2 | Procedure in relation to capital cases is represented by an | ||||||
3 | attorney approved by or contracted with the State Appellate | ||||||
4 | Defender other than the State Appellate Defender, that | ||||||
5 | attorney shall petition
the court to certify compensation | ||||||
6 | and litigation expenses of post-conviction proceedings | ||||||
7 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
8 | or in relation to petitions filed under Section 2-1401 of | ||||||
9 | the Code of Civil Procedure in relation to capital cases.
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10 | Upon certification
on a form created by the State Treasurer | ||||||
11 | of all or a portion of the
compensation and expenses | ||||||
12 | certified as reasonable, necessary, and appropriate
for | ||||||
13 | payment
from the Trust
Fund and the court's delivery of the | ||||||
14 | certification to the
Treasurer, the State Treasurer shall | ||||||
15 | pay the certified compensation and
expenses from the money
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16 | appropriated to the Treasurer for that purpose, if there | ||||||
17 | are sufficient
moneys in the Trust Fund to make those | ||||||
18 | payments.
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19 | (3) A petition for capital litigation expenses or | ||||||
20 | post-conviction proceeding expenses or expenses incurred | ||||||
21 | in filing a petition under Section 2-1401 of the Code of | ||||||
22 | Civil Procedure in relation to capital cases under this | ||||||
23 | subsection shall
be considered under seal and reviewed ex | ||||||
24 | parte with a court reporter present. Orders denying | ||||||
25 | petitions for compensation or expenses
are final.
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26 | (j) If the Trust Fund is discontinued or dissolved by an |
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1 | Act of the General
Assembly or by operation of law, any balance | ||||||
2 | remaining in the Trust Fund shall
be returned to the General | ||||||
3 | Revenue Fund after deduction of administrative
costs, any other | ||||||
4 | provision of this Act to the contrary notwithstanding.
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5 | (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
6 | 93-972, eff. 8-20-04; 94-664, eff. 1-1-06.)
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