725 ILCS 5/122-4
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 122-4)Sec. 122-4.     Pauper Petitions.     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.)