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| Public Act 094-1094 |
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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 Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 103-5 as follows:
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(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
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Sec. 103-5. Speedy trial.)
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(a) Every person in custody in this State for an alleged | ||||
offense shall
be tried by the court having jurisdiction within | ||||
120 days from the date he
was taken into custody unless delay | ||||
is occasioned by the defendant, by an
examination for fitness | ||||
ordered pursuant to Section 104-13 of this Act, by
a fitness | ||||
hearing, by an adjudication of unfitness to stand trial, by a
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continuance allowed pursuant to Section 114-4 of this Act after | ||||
a court's
determination of the defendant's physical incapacity | ||||
for trial, or by an
interlocutory appeal. Delay shall be | ||||
considered to be agreed to by the
defendant unless he or she | ||||
objects to the delay by making a written demand for
trial or an | ||||
oral demand for trial on the record. The provisions of this | ||||
subsection
(a) do not apply to a person on bail or recognizance | ||||
for an offense
but who is in custody for a violation of his or | ||||
her parole or mandatory
supervised release for another offense.
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The 120-day term must be one continuous period of | ||||
incarceration. In
computing the 120-day term, separate periods | ||||
of incarceration may not be
combined. If a defendant is taken | ||||
into custody a second (or subsequent) time
for the same | ||||
offense, the term will begin again at day zero.
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(b) Every person on bail or recognizance shall be tried by | ||||
the court
having jurisdiction within 160 days from the date | ||||
defendant demands
trial unless delay is occasioned by the | ||||
defendant, by an examination for
fitness ordered pursuant to | ||||
Section 104-13 of this Act, by a fitness
hearing, by an | ||||
adjudication of unfitness to stand trial, by a continuance
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allowed pursuant to Section 114-4 of this Act after a court's | ||
determination
of the defendant's physical incapacity for | ||
trial, or by an interlocutory
appeal. The defendant's failure | ||
to appear for any court date set by the
court operates to waive | ||
the defendant's demand for trial made under this
subsection.
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For purposes of computing the 160 day period under this | ||
subsection (b),
every person who was in custody for an alleged | ||
offense and demanded trial
and is subsequently released on bail | ||
or recognizance and demands trial,
shall be given credit for | ||
time spent in custody following the making of the
demand while | ||
in custody. Any demand for trial made under this
subsection (b)
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shall be in writing; and in the
case of a defendant not in | ||
custody, the
demand for trial shall include the date of any | ||
prior demand made under this
provision while the defendant was | ||
in custody.
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(c) If the court determines that the State has exercised | ||
without
success due diligence to obtain evidence material to | ||
the case and that
there are reasonable grounds to believe that | ||
such evidence may be
obtained at a later day the court may | ||
continue the cause on application
of the State for not more | ||
than an additional 60 days. If the court
determines that the | ||
State has exercised without success due diligence to
obtain | ||
results of DNA testing that is material to the case and that | ||
there
are reasonable grounds to believe that such results may | ||
be obtained at a
later day, the court may continue the cause on | ||
application of the State for
not more than an additional 120 | ||
days.
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(d) Every person not tried in accordance with subsections | ||
(a), (b)
and (c) of this Section shall be discharged from | ||
custody or released
from the obligations of his bail or | ||
recognizance.
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(e) If a person is simultaneously in custody upon more than | ||
one
charge pending against him in the same county, or | ||
simultaneously demands
trial upon more than one charge pending | ||
against him in the same county,
he shall be tried, or adjudged | ||
guilty after waiver of trial, upon at
least one such charge | ||
before expiration relative to any of such pending
charges of | ||
the period prescribed by subsections (a) and (b) of this
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Section. Such person shall be tried upon all of the remaining | ||
charges
thus pending within 160 days from the date on which | ||
judgment relative to
the first charge thus prosecuted is | ||
rendered pursuant to the Unified Code of
Corrections or, if | ||
such trial upon such first charge is terminated
without | ||
judgment and there is no subsequent trial of, or adjudication | ||
of
guilt after waiver of trial of, such first charge within a | ||
reasonable
time, the person shall be tried upon all of the | ||
remaining charges thus
pending within 160 days from the date on | ||
which such trial is terminated;
if either such period of 160 | ||
days expires without the commencement of
trial of, or | ||
adjudication of guilt after waiver of trial of, any of such
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remaining charges thus pending, such charge or charges shall be
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dismissed and barred for want of prosecution unless delay is | ||
occasioned
by the defendant, by an examination for fitness | ||
ordered pursuant to
Section 104-13 of this Act, by a fitness | ||
hearing, by an adjudication
of unfitness for trial, by a | ||
continuance allowed pursuant to Section
114-4 of this Act after | ||
a court's determination of the defendant's
physical incapacity | ||
for trial, or by an interlocutory appeal; provided,
however, | ||
that if the court determines that the State has exercised
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without success due diligence to obtain evidence material to | ||
the case
and that there are reasonable grounds to believe that | ||
such evidence may
be obtained at a later day the court may | ||
continue the cause on
application of the State for not more | ||
than an additional 60 days.
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(f) Delay occasioned by the defendant shall temporarily | ||
suspend for
the time of the delay the period within which a | ||
person shall be tried as
prescribed by subsections (a), (b), or | ||
(e) of this Section and on the
day of expiration of the delay | ||
the said period shall continue at the
point at which it was | ||
suspended. Where such delay occurs within 21 days
of the end of | ||
the period within which a person shall be tried as
prescribed | ||
by subsections (a), (b), or (e) of this Section, the court
may | ||
continue the cause on application of the State for not more | ||
than an
additional 21 days beyond the period prescribed by | ||
subsections (a), (b), or
(e). This subsection (f) shall become | ||
effective on, and apply to persons
charged with alleged | ||
offenses committed on or after, March 1, 1977.
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(Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)
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Section 10. The County Jail Act is amended by changing | ||
Section 5 as follows: | ||
(730 ILCS 125/5) (from Ch. 75, par. 105)
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Sec. 5. Costs of maintaining prisoners.
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(a) Except as provided in subsections
subsection (b) and | ||
(c), all costs of maintaining persons
committed for violations | ||
of Illinois law, shall be the responsibility of the
county. | ||
Except as provided in subsection (b), all costs of maintaining
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persons committed under any ordinance or resolution of a unit | ||
of local
government, including medical costs, is the | ||
responsibility of the unit of local
government enacting the | ||
ordinance or resolution, and arresting the person.
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(b) If a person who is serving a term of mandatory | ||
supervised release for
has been convicted of a felony and has | ||
violated
mandatory supervised release for that felony is | ||
incarcerated in a county jail
pending the resolution of the | ||
violation of mandatory supervised release, the
Illinois | ||
Department of Corrections shall pay the county in which that | ||
jail is
located one-half of the cost of incarceration, as | ||
calculated by the Governor's Office of Management and Budget | ||
and the county's chief financial officer, for each day
that the | ||
person remains in the county jail after notice of the
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incarceration is given to the Illinois Department of
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Corrections by the county, provided that (i) the Illinois
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Department of Corrections has issued a warrant for an alleged
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violation of mandatory supervised release by the person; (ii)
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if the person is incarcerated on a new charge, unrelated to the
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offense for which he or she is on mandatory supervised release,
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there has been a court hearing at which bail has been set on
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the new charge; (iii) the county has notified the Illinois
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Department of Corrections that the person is incarcerated in
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the county jail, which notice shall not be given until the bail
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hearing has concluded, if the person is incarcerated on a new
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charge; and (iv) the person remains incarcerated in the county
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jail for more than 48 hours after the notice has been given to
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the Department of Corrections by the county. Calculation of the | ||
per diem cost
shall be agreed upon prior to the passage of the | ||
annual State budget.
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(c) If a person who is serving a term of mandatory
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supervised release is incarcerated in a county jail, following
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an arrest on a warrant issued by the Illinois Department of
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Corrections, solely for violation of a condition of mandatory
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supervised release and not on any new charges for a new
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offense, then the Illinois Department of Corrections shall pay
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the medical costs incurred by the county in securing treatment
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for that person, for any injury or condition other than one
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arising out of or in conjunction with the arrest of the person
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or resulting from the conduct of county personnel, while he or
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she remains in the county jail on the warrant issued by the
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Illinois Department of Corrections.
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(Source: P.A. 94-678, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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