a) Treatment While in Custody
1) On being taken into custody every person
shall have the right to remain silent.
2) No unlawful means of any kind shall be
used to obtain a statement, admission,or confession from any person in
custody.
3) Persons in custody
shall be treated humanely and provided with proper food, shelter, and, if
required, medical treatment. [725 ILCS
5/103-2 ]
b) Right to Communicate with Attorney and
Family - Transfers
1) Persons who are arrested
shall have the right to communicate with an attorney of their choice and a
member of their family by making a reasonable number of telephone calls or in
any other reasonable manner. Such communication shall be permitted within a
reasonable time (generally within the first hour) after arrival at the first
place of custody.
2) In the event
the accused is transferred to a new place of custody, hisor herright to
communicate with an attorney and a member of hisor herfamily is renewed.
[725
ILCS 5/103-3 ]
c) Right to Consult withanAttorney
1) Any person committed, imprisoned or
restrained of hisor herliberty for any cause whatever and whether or not such
person is charged with an offense shall, except in cases of imminent danger of
escape, be allowed to consult with any licensed attorney at law of this State
whom such person may desire to see or consult, alone and in private at the
place of custody, as many times and for such period each time as is
reasonable.
2) When any such person
is about to be moved beyond the limits of this State under any pretense
whatever, the person to be moved shall be entitled to a reasonable delay for
the purpose of obtaining counsel and of availing himselfor herselfof the laws
of this State for the security of personal liberty. [725 ILCS
5/103-4 ]
d) Posting Notice of Rights
Everychief of policeshall post in every room, other than cells,
of such buildings where persons are held in custody, in conspicuous places
where it may be seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the English language of
the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, 110-4, and
subparts (a) and (b) of Section 110-7 and 113-3 oftheCodeof Criminal Procedure.
[725 ILCS
5/103-7 ] (Notice of Rights posters in English and
Spanish are available from the Jail and Detention Standards Unit.)
e) Mandatory Duty of Officers
Any peace officer who intentionally prevents the exercise by an
accused of any right conferred by this Article or who intentionally fails to
perform any act required of him or her by this Article shall be guilty of
official misconduct and may be punished in accordance with Section 33-3 of the
Criminal Code of 1961. [725 ILCS
5/103-8 ]
