policies and procedures of the illinois criminal justice system

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applicable to the case. The jury then returns to the jury room to deliberate and make a decision as to whether the evidence is sufficient to establish guilt beyond a reasonable doubt. If a jury finds the defendant not guilty, the case ends. If the jury finds the defendant guilty, the judge will set a date for the sentencing hearing and order a pre-sentence investigation. The defendant has thirty days from the verdict or judge’s finding to file a post-trial motion, in which the defense sets forth an exhaustive list of claimed trial errors. The defense will argue that the errors are so serious and that the defendant should be granted a new trial. A judge will review and make decisions on post-trial motions. If a defendant later files an appeal, as a general rule, the defense may not argue any matter on appeal that was not contained in the post-trial motion. Failure to appear in court If a defendant fails to appear in court, the judge may issue a warrant for his or her arrest. An individual arrested on a warrant for failure to appear typically will not be allowed bail unless the court finds that his or her absence was not for the purpose of obstructing justice or avoiding prosecution [725 ILCS 5/110-16]. If an individual fails to appear for trial and the prosecutor is able to prove with substantial evidence that he or she is willfully avoiding the trial, following specific rules, the court may commence the trial in the individual’s absence. If a trial is carried out while the individual is absent, he or she must be represented by an attorney. If there is a finding of guilt, the court may hold a sentencing hearing for the absent individual. If the individual who was found guilty and sentenced in his or her absence can prove that the absence was both not his or her fault and due to circumstances beyond his or her control, then he or she may request a new trial and/or sentencing hearing [725 ILCS 5/115-4.1]. Fitness to stand trial At any time during court proceedings, the attorneys or the judge may raise a concern that the defendant’s mental or physical condition may interfere with his or her ability to understand the nature of the court proceedings or compromise his or her ability to cooperate with his or her attorneys. A person who has a mental illness, a physical condition, or a developmental disability is not necessarily unfit to stand trial unless those conditions affect the ability to understand the nature and purpose of, and participate in, the proceedings. When a bona fide issue of a defendant’s fitness is raised, the judge will order the defendant to be evaluated by a qualified licensed physician, clinical psychologist, or psychiatrist [725 ILCS 5/104-13(a)]. These evaluations may be conducted while the defendant is in custody or out on bond. The recommendation of the evaluation is then submitted to the judge, the defense attorney, and the state’s attorney, and a fitness hearing is held. The findings include whether the defendant is deemed unfit to stand trial or enter a plea and, if not, whether a substantial probability exists that the individual can be restored to fitness within the statutory time frame of one year. During the hearing, expert testimony by evaluators will be heard. If the parties stipulate to the results of the evaluation, the court will issue an order reflecting that finding. 21
If the judge, after hearing, determines that a defendant is fit to stand trial, the court process will proceed even if the defense continues to contest fitness. If an individual is found unfit to stand trial, he or she will then be remanded by the judge to the Illinois Department of Human Services Division of Mental Health (DMH). DMH will then make the determination as to what services or treatment he or she needs in order to be fit to stand trial. An individual must be made fit within one year and the services may be inpatient or outpatient. If an individual is not determined fit to stand trial after one year, DMH will report to court whether he or she remains unfit but is making progress towards fitness or if fitness cannot be achieved. If the defendant is deemed unfit to stand trial and unable to achieve fitness, the state may drop charges with prejudice, pursue a civil commitment, or the case may proceed to a discharge hearing. During the discharge hearing, the judge may find the individual not guilty by reason of insanity, not guilty, or not acquit the individual. If the judge does not acquit him or her and DMH believes he or she can achieve fitness, the judge can order a term of extended treatment. Statutory limitations exist governing how long an individual may remain in extended treatment based on the offense committed [725 ILCS 5/104-23]. Appendix B provides a flowchart of the process for individuals found unfit to stand trial. Findings regarding defendant’s mental condition at the time of the offense Not guilty by reason of insanity A defendant may assert an affirmative defense of not guilty by reason of insanity. This affirmative defense asserts that the defendant’s mental state at the time of the offense results in his or her lacking substantial capacity to appreciate the criminality of his or her act [720 ILCS 5/6-2]. If the defendant is found not guilty by reason of insanity, he or she shall be ordered to the DMH for an evaluation, either inpatient or outpatient, to determine whether he or she is in need of mental health services. If the evaluation is completed on an inpatient basis, during this period the defendant will remain held in secure custody until the appropriate placement determination has been made, at which time the defendant will be transported to the designated facility [730 ILCS 5/5-2-4]. Appendix C provides a flowchart of process for individuals found not guilty by reason of insanity. Guilty but mentally ill Illinois also permits a trial to result in a finding or verdict of guilty but mentally ill. Such a finding does not result in an acquittal but rather, is treated as a finding of guilty as the name implies. The defendant is sentenced just as in any other case and may receive either probation, conditional discharge or a term of imprisonment. In such event, the defendant is to be provided mental health services and treatment but still must serve out his or her sentence as does any other convicted person. 22
Page 1: State of Illinois Pat Quinn, Govern
Page 4 and 5: Acknowledgements The Authority wish
Page 6 and 7: Introduction About this report This
Page 8 and 9: Figure 2 Flowchart of the general a
Page 10 and 11: Warrants Arrest warrants may be iss
Page 12 and 13: Pre-trial services officers also su
Page 14 and 15: police, county sheriffs, prosecutor
Page 16 and 17: Representation by an attorney At an
Page 18 and 19: Drug courts Drug court populations
Page 20 and 21: Pre-trial activities Criminal charg
Page 22 and 23: defendant will be required to under
Page 24 and 25: Trial Unless the defendant has pled
Page 28 and 29: Special issue: Crime victims In 200
Page 30 and 31: Sentencing Pre-sentence investigati
Page 32 and 33: to conditional discharge is convict
Page 34 and 35: The maximum fine for a felony offen
Page 36 and 37: • Service to the institution, com
Page 38 and 39: Completion of sentence If an indivi
Page 40 and 41: Expungement Upon arrest, a suspect
Page 42 and 43: Appendix B: Map of Illinois judicia
Page 44 and 45: Appendix D: Flowchart of process fo

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