Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. In the State Public Defender Act, provides that the State Public Defender may ensure access to a digital discovery storage management system, case management software, and legal research subscriptions for each public defender office, taking into consideration compatibility with existing county and State-based systems. Provides that the State Public Defender shall collaborate with other court stakeholders to advocate for adequate funding of court systems. Provides that within the first year of the initial State Public Defender's term, the State Public Defender shall initiate a survey to determine the number of employees and contractors providing public defense services in the state and the types and numbers of matters they are handling. Changes the process for the selection of the Chief County Public Defender. Establishes additional duties for the State Public Defender and the State Public Defender Commission. Makes other changes. Amends the Illinois Criminal Justice Information Act. Provides that the State Public Defender Commission shall identify and implement a system of performance metrics to assess the provision of indigent defense services in the State relative to the standards established by the Commission under the State Public Defender Act and national standards and benchmarks to ensure the State of Illinois complies with its obligations under the Sixth Amendment of the United States Constitution. Amends various other Acts to make conforming changes. Adds an immediate effective date to the bill.
Statutes affected: Introduced: 5 ILCS 140/7, 55 ILCS 5/3
Engrossed: 5 ILCS 140/7, 20 ILCS 3930/16, 55 ILCS 5/3