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| [ Introduced ] | [ Senate Amendment 001 ] |
91_HB2098eng HB2098 Engrossed LRB9104025RCks 1 AN ACT in relation to probation and pretrial services 2 fees. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Juvenile Court Act of 1987 is amended by 6 changing Section 5-305 as follows: 7 (705 ILCS 405/5-305) 8 Sec. 5-305. Probation adjustment. 9 (1) The court may authorize the probation officer to 10 confer in a preliminary conference with a minor who is 11 alleged to have committed an offense, his or her parent, 12 guardian or legal custodian, the victim, the juvenile police 13 officer, the State's Attorney, and other interested persons 14 concerning the advisability of filing a petition under 15 Section 5-520, with a view to adjusting suitable cases 16 without the filing of a petition as provided for in this 17 Article, the probation officer should schedule a conference 18 promptly except when the State's Attorney insists on court 19 action or when the minor has indicated that he or she will 20 demand a judicial hearing and will not comply with a 21 probation adjustment. 22 (1-b) In any case of a minor who is in custody, the 23 holding of a probation adjustment conference does not operate 24 to prolong temporary custody beyond the period permitted by 25 Section 5-415. 26 (2) This Section does not authorize any probation 27 officer to compel any person to appear at any conference, 28 produce any papers, or visit any place. 29 (3) No statement made during a preliminary conference in 30 regard to the offense that is the subject of the conference 31 may be admitted into evidence at an adjudicatory hearing or HB2098 Engrossed -2- LRB9104025RCks 1 at any proceeding against the minor under the criminal laws 2 of this State prior to his or her conviction under those 3 laws. 4 (4) When a probation adjustment is appropriate, the 5 probation officer shall promptly formulate a written, 6 non-judicial adjustment plan following the initial 7 conference. 8 (5) Non-judicial probation adjustment plans include but 9 are not limited to the following: 10 (a) up to 6 months informal supervision within the 11 family; 12 (b) up to 12 months informal supervision with a 13 probation officer involved which may include any 14 conditions of probation provided in Section 5-715; 15 (c) up to 6 months informal supervision with 16 release to a person other than a parent; 17 (d) referral to special educational, counseling, or 18 other rehabilitative social or educational programs; 19 (e) referral to residential treatment programs; 20 (f) participation in a public or community service 21 program or activity; and 22 (g) any other appropriate action with the consent 23 of the minor and a parent. 24 (6) The factors to be considered by the probation 25 officer in formulating a non-judicial probation adjustment 26 plan shall be the same as those limited in subsection (4) of 27 Section 5-405. 28 (7) Beginning January 1, 2000, the probation officer 29 who imposes a probation adjustment plan shall assure that 30 information about an offense which would constitute a felony 31 if committed by an adult, and may assure that information 32 about a misdemeanor offense, is transmitted to the Department 33 of State Police. 34 (Source: P.A. 90-590, eff. 1-1-99.) HB2098 Engrossed -3- LRB9104025RCks 1 Section 10. The Code of Criminal Procedure of 1963 is 2 amended by changing Section 110-10 as follows: 3 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 4 Sec. 110-10. Conditions of bail bond. 5 (a) If a person is released prior to conviction, either 6 upon payment of bail security or on his or her own 7 recognizance, the conditions of the bail bond shall be that 8 he or she will: 9 (1) Appear to answer the charge in the court having 10 jurisdiction on a day certain and thereafter as ordered 11 by the court until discharged or final order of the 12 court; 13 (2) Submit himself or herself to the orders and 14 process of the court; 15 (3) Not depart this State without leave of the 16 court; 17 (4) Not violate any criminal statute of any 18 jurisdiction; and 19 (5) At a time and place designated by the court, 20 surrender all firearms in his or her possession to a law 21 enforcement officer designated by the court to take 22 custody of and impound the firearms when the offense the 23 person has been charged with is a forcible felony, 24 stalking, aggravated stalking, domestic battery, any 25 violation of either the Illinois Controlled Substances 26 Act or the Cannabis Control Act that is classified as a 27 Class 2 or greater felony, or any felony violation of 28 Article 24 of the Criminal Code of 1961. The court may, 29 however, forego the imposition of this condition when the 30 circumstances of the case clearly do not warrant it or 31 when its imposition would be impractical. All legally 32 possessed firearms shall be returned to the person upon 33 that person completing a sentence for a conviction on a HB2098 Engrossed -4- LRB9104025RCks 1 misdemeanor domestic battery, upon the charges being 2 dismissed, or if the person is found not guilty, unless 3 the finding of not guilty is by reason of insanity. 4 (b) The court may impose other conditions, such as the 5 following, if the court finds that such conditions are 6 reasonably necessary to assure the defendant's appearance in 7 court, protect the public from the defendant, or prevent the 8 defendant's unlawful interference with the orderly 9 administration of justice: 10 (1) Report to or appear in person before such 11 person or agency as the court may direct; 12 (2) Refrain from possessing a firearm or other 13 dangerous weapon; 14 (3) Refrain from approaching or communicating with 15 particular persons or classes of persons; 16 (4) Refrain from going to certain described 17 geographical areas or premises; 18 (5) Refrain from engaging in certain activities or 19 indulging in intoxicating liquors or in certain drugs; 20 (6) Undergo treatment for drug addiction or 21 alcoholism; 22 (7) Undergo medical or psychiatric treatment; 23 (8) Work or pursue a course of study or vocational 24 training; 25 (9) Attend or reside in a facility designated by 26 the court; 27 (10) Support his or her dependents; 28 (11) If a minor resides with his or her parents or 29 in a foster home, attend school, attend a non-residential 30 program for youths, and contribute to his or her own 31 support at home or in a foster home; 32 (12) Observe any curfew ordered by the court; 33 (13) Remain in the custody of such designated 34 person or organization agreeing to supervise his release. HB2098 Engrossed -5- LRB9104025RCks 1 Such third party custodian shall be responsible for 2 notifying the court if the defendant fails to observe the 3 conditions of release which the custodian has agreed to 4 monitor, and shall be subject to contempt of court for 5 failure so to notify the court; 6 (14) Be placed under direct supervision of the 7 Pretrial Services Agency, Probation Department or Court 8 Services Department in a pretrial bond home supervision 9 capacity with or without the use of an approved 10 electronic monitoring device subject to Article 8A of 11 Chapter V of the Unified Code of Corrections; or 12 (14.1) The court shall impose upon a defendant who 13 is charged with any alcohol, cannabis or controlled 14 substance violation and is placed under direct 15 supervision of the Pretrial Services Agency, Probation 16 Department or Court Services Department in a pretrial 17 bond home supervision capacity with the use of an 18 approved monitoring device, as a condition of such bail 19 bond, a fee not to exceed $5 for each day of such bail 20 supervision ordered by the court, unless after 21 determining the inability of the defendant to pay the 22 fee, the court assesses a lesser fee or no fee as the 23 case may be. The fee shall be collected by the clerk of 24 the circuit court. The clerk of the circuit court shall 25 pay all monies collected from this fee to the county 26 treasurer for deposit in the substance abuse services 27 fund under Section 5-1086.1 of the Counties Code; 28 (14.2) The court shall impose upon all defendants, 29 including those defendants subject to paragraph (14.1) 30 above, placed under direct supervision of the Pretrial 31 Services Agency, Probation Department or Court Services 32 Department in a pretrial bond home supervision capacity 33 with the use of an approved monitoring device, as a 34 condition of such bail bond, a fee which shall represent HB2098 Engrossed -6- LRB9104025RCks 1 costs incidental to such electronic monitoring for each 2 day of such bail supervision ordered by the court, unless 3 after determining the inability of the defendant to pay 4 the fee, the court assesses a lesser fee or no fee as the 5 case may be. The fee shall be collected by the clerk of 6 the circuit court. The clerk of the circuit court shall 7 pay all monies collected from this fee to the county 8 treasurer who shall use the monies collected to defray 9 the costs of corrections. The county treasurer shall 10 deposit the fee collected in the county working cash fund 11 under Section 6-27001 or Section 6-29002 of the Counties 12 Code, as the case may be; 13 (14.3) The Chief Judge of the Judicial Circuit may 14 establish reasonable fees to be paid by a person 15 receiving pretrial services while under supervision of a 16 pretrial services agency, probation department, or court 17 services department. Reasonable fees may be charged for 18 pretrial services including, but not limited to, pretrial 19 supervision, diversion programs, electronic monitoring, 20 victim impact services, drug and alcohol testing, and 21 victim mediation services. The person receiving pretrial 22 services may be ordered to pay all costs incidental to 23 pretrial services in accordance with his or her ability 24 to pay those costs. 25 (15) Comply with the terms and conditions of an 26 order of protection issued by the court under the 27 Illinois Domestic Violence Act of 1986; 28 (16) Under Section 110-6.5 comply with the 29 conditions of the drug testing program; and 30 (17) Such other reasonable conditions as the court 31 may impose. 32 (c) When a person is charged with an offense under 33 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 34 "Criminal Code of 1961", involving a victim who is a minor HB2098 Engrossed -7- LRB9104025RCks 1 under 18 years of age living in the same household with the 2 defendant at the time of the offense, in granting bail or 3 releasing the defendant on his own recognizance, the judge 4 shall impose conditions to restrict the defendant's access to 5 the victim which may include, but are not limited to 6 conditions that he will: 7 1. Vacate the Household. 8 2. Make payment of temporary support to his 9 dependents. 10 3. Refrain from contact or communication with the 11 child victim, except as ordered by the court. 12 (d) When a person is charged with a criminal offense and 13 the victim is a family or household member as defined in 14 Article 112A, conditions shall be imposed at the time of the 15 defendant's release on bond that restrict the defendant's 16 access to the victim. Unless provided otherwise by the court, 17 the restrictions shall include requirements that the 18 defendant do the following: 19 (1) refrain from contact or communication with the 20 victim for a minimum period of 72 hours following the 21 defendant's release; and 22 (2) refrain from entering or remaining at the 23 victim's residence for a minimum period of 72 hours 24 following the defendant's release. 25 (e) Local law enforcement agencies shall develop 26 standardized bond forms for use in cases involving family or 27 household members as defined in Article 112A, including 28 specific conditions of bond as provided in subsection (d). 29 Failure of any law enforcement department to develop or use 30 those forms shall in no way limit the applicability and 31 enforcement of subsections (d) and (f). 32 (f) If the defendant is admitted to bail after 33 conviction the conditions of the bail bond shall be that he 34 will, in addition to the conditions set forth in subsections HB2098 Engrossed -8- LRB9104025RCks 1 (a) and (b) hereof: 2 (1) Duly prosecute his appeal; 3 (2) Appear at such time and place as the court may 4 direct; 5 (3) Not depart this State without leave of the 6 court; 7 (4) Comply with such other reasonable conditions as 8 the court may impose; and, 9 (5) If the judgment is affirmed or the cause 10 reversed and remanded for a new trial, forthwith 11 surrender to the officer from whose custody he was 12 bailed. 13 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 14 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.) 15 Section 15. The Probation and Probation Officers Act is 16 amended by changing Section 15.1 as follows: 17 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) 18 Sec. 15.1. Probation and Court Services Fund. 19 (a) The county treasurer in each county shall establish 20 a probation and court services fund consisting of fees 21 collected pursuant to subsection (i) of Section 5-6-3 and 22 subsection (i) of Section 5-6-3.1 of the Unified Code of 23 Corrections,andsubsection (10) of Section 5-615 and 24 subsection (5) of Section 5-715 of the Juvenile Court Act of 25 1987, and paragraph 14.3 of subsection (b) of Section 110-10 26 of the Code of Criminal Procedure of 1963. The county 27 treasurer shall disburse monies from the fund only at the 28 direction of the chief judge of the circuit court in such 29 circuit where the county is located. The county treasurer of 30 each county shall, on or before January 10 of each year, 31 submit an annual report to the Supreme Court. 32 (b) Monies in the probation and court services fund HB2098 Engrossed -9- LRB9104025RCks 1 shall be appropriated by the county board to be used within 2 the county or jurisdiction where collected in accordance with 3 policies and guidelines approved by the Supreme Court for the 4 costs of operating the probation and court services 5 department or departments; however, monies in the probation 6 and court services fund shall not be used for the payment of 7 salaries of probation and court services personnel. 8 (c) Monies expended from the probation and court 9 services fund shall be used to supplement, not supplant, 10 county appropriations for probation and court services. 11 (d) Interest earned on monies deposited in a probation 12 and court services fund may be used by the county for its 13 ordinary and contingent expenditures. 14 (e) The county board may appropriate moneys from the 15 probation and court services fund, upon the direction of the 16 chief judge, to support programs that are part of the 17 continuum of juvenile delinquency intervention programs which 18 are or may be developed within the county. The grants from 19 the probation and court services fund shall be for no more 20 than one year and may be used for any expenses attributable 21 to the program including administration and oversight of the 22 program by the probation department. 23 (Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)