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(725 ILCS 5/122-4)
(from Ch. 38, par. 122-4)
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.
A Circuit Court or the Illinois Supreme Court may appoint the State
Appellate Defender to provide post-conviction representation in a case
in which the defendant is sentenced to death. Any attorney assigned by the
Office of the State Appellate Defender to provide post-conviction
representation for indigent defendants in cases in which a sentence of death
was imposed in the trial court may, from time to time submit bills and time
sheets to the Office of the State Appellate Defender for payment of
services rendered and the Office of the State Appellate Defender shall pay
bills from funds appropriated for this purpose in accordance with rules
promulgated by the State Appellate Defender.
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. 90-505, eff. 8-19-97.)