State Plea Agreement - Illinois

STATE PLEA AGREEMENT

Counsel-use record. This agreement records negotiated terms. It does not replace the court's personal Rule 402 inquiry, factual-basis determination, sentencing authority, or local forms.

1. RULE FRAMEWORK AND PLEA

Illinois Supreme Court Rule 402 governs guilty pleas and plea agreements. The agreement must be stated in open court, the court must determine voluntariness and a factual basis, and the court must give the required admonitions.

Plea selected: ☐ Guilty

Charge to which plea is offered:

2. NEGOTIATED DISPOSITION

The prosecution agrees, subject to the court's lawful authority, to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ recommend the sentence stated below;
• ☐ make no recommendation as to [________________________________];
• ☐ other: [________________________________].

Sentence or recommendation:

3. RULE 402(d) COURT POSITION

Counsel must identify which procedure applies:

• ☐ The parties request advance disclosure of the tentative agreement under Rule 402(d)(2).
• ☐ The judge has stated concurrence or conditional concurrence on the record.
• ☐ The parties did not seek concurrence, or the judge declined it; the defendant understands the court is not bound and the disposition may differ.
• ☐ Other / local procedure: [________________________________].

If a judge who stated concurrence or conditional concurrence later withdraws it, Rule 402(d)(2) requires the court to advise the parties and allow the defendant to affirm or withdraw the plea.

4. FACTUAL BASIS

The prosecution's factual-basis proffer is:

[____________________________________________________________]

[____________________________________________________________]

The defendant understands that the court, not this writing, determines whether a factual basis exists.

5. DEFENDANT'S ON-RECORD UNDERSTANDINGS

The defendant will address these matters personally with the court:

• ☐ nature of each charge;
• ☐ applicable minimum and maximum sentence, including prior-conviction or consecutive-sentence exposure when applicable;
• ☐ right to plead not guilty or persist in that plea;
• ☐ waiver of jury trial and confrontation rights by pleading guilty;
• ☐ voluntariness and absence of force, threats, or undisclosed promises;
• ☐ complete terms of the plea agreement;
• ☐ factual basis.

Required immigration advisement: Before accepting the plea, the court must give the noncitizen-consequences advisement in open court under 725 ILCS 5/113-8(a), regardless of the defendant's known citizenship status. This writing does not replace that advisement.

Additional case-specific advisements: [FIREARMS / REGISTRATION / LICENSING / BENEFITS / OTHER]

[____________________________________________________________]

Review after sentencing: If this is a negotiated plea under Rule 605(c), the defendant must file a written motion in the trial court to vacate the judgment and withdraw the plea within 30 days after sentencing before appealing. Rule 604(d) governs the motion and distinguishes other plea and sentence challenges. The court must give the Rule 605(c) advisements at sentencing; counsel should explain the deadline and preserve any issues in the motion.

6. CONDITIONS BEFORE SENTENCING

Before sentencing, the defendant agrees to:

• ☐ appear as ordered;
• ☐ complete the presentence process;
• ☐ obey release conditions;
• ☐ have no new arrest or charge condition included;
• ☐ cooperate as specifically described in an attached, counsel-reviewed addendum;
• ☐ other: [________________________________].

An alleged failure does not create automatic admissions or self-executing punishment. Any requested change in the parties' obligations or disposition must be presented to the court under applicable law, with notice and an opportunity to be heard.

7. PLEA-DISCUSSION PROTECTION

Rule 402(f) governs the inadmissibility of a plea discussion, resulting agreement, plea, or judgment when the discussion produces no guilty plea, the plea is not accepted or is withdrawn, or the judgment is reversed. This agreement does not create a broader waiver of that protection.

8. NO UNSTATED TERMS

All promises inducing the plea must be disclosed on the record. No provision of this agreement is intended to:

• bind the court beyond Rule 402(d);
• waive a claim that cannot lawfully be waived;
• authorize a sentence outside the lawful range;
• replace offense-specific findings, victim-rights procedures, or required local forms.

9. SIGNATURES

Defendant

I have reviewed this agreement with counsel. I understand that the judge must personally question me and decide whether to accept my plea.

Signature: ______________________________ Date: [__/__/____]

Printed name: [________________________________]

Defense counsel

I reviewed the charges, exposure, discovery, defenses, negotiated terms, and case-specific consequences with the defendant.

Signature: ______________________________ Date: [__/__/____]

Name / ARDC No.: [________________________________]

Prosecutor

The prosecution states that the written terms accurately record its promises and recommendations.

Signature: ______________________________ Date: [__/__/____]

Name / ARDC No.: [________________________________]

10. COURT-USE RECORD

• ☐ Agreement stated and confirmed in open court
• ☐ Required admonitions completed
• ☐ Section 113-8(a) immigration advisement given in open court before plea acceptance
• ☐ Plea voluntary
• ☐ Factual basis found
• ☐ Court concurrence / nonconcurrence stated
• ☐ Plea accepted
• ☐ Plea rejected or withdrawn
• ☐ Sentencing deferred to [DATE]
• ☐ Rule 605(c) appeal advisements given at sentencing, if this is a negotiated plea
• ☐ Other: [________________________________]

Judge: ______________________________ Date: [__/__/____]

Sources and References

• Illinois Supreme Court Rule 402
• Illinois Supreme Court Rules, Article IV
• 725 ILCS 5/113-8 — noncitizen-consequences advisement
• Illinois Supreme Court Rule 604
• Illinois Supreme Court Rule 605