96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2010


 
Introduced 2/20/2009, by Sen. Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 5/3-8-10
  from Ch. 38, par. 1003-8-10







    Amends the Unified Code of Corrections.  Provides that the speedy trial provisions relating to persons committed to the Department of Corrections who have untried complaints, charges or
indictments pending in any county of this State do not apply to persons no longer committed to a facility or program of the Illinois Department of Corrections.  Provides that a person serving a period of parole or mandatory supervised release under the supervision of the Department of Corrections shall not be deemed to be committed to the Department for the purpose of the speedy trial provisions.  Effective immediately.
















LRB096 08965 RLC 19103 b

















 


 


A BILL FOR









 











SB2010

LRB096 08965 RLC 19103 b






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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 Unified Code of Corrections is amended  by 
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changing Section 3-8-10 as follows:
 



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    (730 ILCS 5/3-8-10)  (from Ch. 38, par. 1003-8-10)



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    Sec. 3-8-10. Intrastate Detainers. Except for persons 
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sentenced to death, subsection (b), (c) and (e) of
Section 
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103-5 of the Code of Criminal Procedure of 1963 shall also 
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apply to
persons committed to any institution or facility or 
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program of the Illinois
Department of Corrections who have 
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untried complaints, charges or
indictments pending in any 
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county of this State, and such person shall
include in the 
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demand under subsection (b), a statement of the place of

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present commitment, the term, and length of the remaining term, 
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the charges
pending against him or her to be tried and the 
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county of the
charges, and the
demand shall be addressed to the 
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state's attorney of the county where he or she
is
charged with 
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a copy to the clerk of that court and a copy to the chief

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administrative officer of the Department of Corrections 
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institution or
facility to which he or she is committed. The 
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state's attorney shall then procure
the presence of the 
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defendant for trial in his county by habeas
corpus. Additional 
 


 






SB2010
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LRB096 08965 RLC 19103 b




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time may be granted by the court for the process of
bringing 
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and serving an order of habeas
corpus ad prosequendum. In
the 
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event that the person is not brought to trial within the 
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allotted
time, then the charge for which he or she has 
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requested a speedy trial shall be
dismissed. The provisions of 
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this Section do not apply to persons no longer committed to a 
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facility or program of the Illinois Department of Corrections.  
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A person serving a period of parole or mandatory supervised 
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release under the supervision of the Department of Corrections, 
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for the purpose of this Section, shall not be deemed to be 
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committed to the Department. 

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(Source: P.A. 83-346.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.