101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2689

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3930/7.7 new
20 ILCS 3930/7.8 new
55 ILCS 5/3-6041 new
55 ILCS 5/3-6042 new
55 ILCS 5/3-6403 new
705 ILCS 105/30 new
705 ILCS 105/31 new

    Amends the Illinois Criminal Justice Information Act. Requires the Authority to produce a monthly Pretrial Order Report, Pretrial Bail Proceeds Report, and Pretrial Custody and Release Report. Specifies requirements for these reports. Provides that the Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted. Amends the Counties Code and the Clerk of Courts Act to require certain reporting requirements. Makes other changes. Effective immediately.


LRB101 11037 SLF 56240 b

 

 

A BILL FOR

 

HB2689LRB101 11037 SLF 56240 b

1    AN ACT concerning pretrial reporting.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Criminal Justice Information Act is
5amended by adding Sections 7.7 and 7.8 as follows:
 
6    (20 ILCS 3930/7.7 new)
7    Sec. 7.7. Pretrial Order Report.
8    (a) The Authority shall produce a monthly Pretrial Order
9Report for the circuit court of each county with aggregated
10data about the initial pretrial release hearings completed in
11each county within the previous month. The Authority shall
12collect the data needed for the Report and shall provide a data
13submission form for the clerks of the circuit courts and the
14sheriffs of each county to use for their submissions.
15    (b) The Authority shall post each county's monthly Pretrial
16Order Report, Pretrial Custody and Release Report, and Pretrial
17Bail Proceeds Report on the Authority's website on a monthly
18basis and those reports shall remain on the website for at
19least 5 years after being posted.
20    (c) The monthly Pretrial Order Report for the circuit court
21of each county shall include the total number of initial
22pretrial bond hearings conducted in that county, and of those
23hearings:

 

 

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1        (1) The number of hearings in which the court ordered
2    release on personal recognizance. Of the number of hearings
3    in which the court ordered release on personal
4    recognizance, the Report shall include the following:
5            (A) the number of hearings in which the court
6        ordered release on personal recognizance without any
7        of the other conditions under subsection (b) of Section
8        110-10 of the Code of Criminal Procedure of 1963;
9            (B) the number of hearings in which the court
10        ordered release on personal recognizance with any
11        other conditions under subsection (b) of Section
12        110-10 of the Code of Criminal Procedure of 1963;
13            (C) the number of hearings in which the court
14        ordered release on personal recognizance with the
15        condition under paragraph (12) of subsection (b) of
16        Section 110-10 of the Code of Criminal Procedure of
17        1963;
18            (D) the number of hearings in which the court
19        ordered release on personal recognizance with the
20        condition of electronic monitoring;
21            (E) the number of hearings in which the court
22        ordered release on personal recognizance with the
23        condition under paragraph (14) of subsection (b) of
24        Section 110-10 of the Code of Criminal Procedure of
25        1963 or a sheriff's office; and
26            (F) the number of hearings in which the court

 

 

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1        ordered release on personal recognizance with the
2        condition under paragraph (16) of subsection (b) of
3        Section 110-10 of the Code of Criminal Procedure of
4        1963.
5        (2) The number of bond hearings in which the court
6    ordered the posting of monetary bail secured by 10% of the
7    bail amount. For such cases, the Report shall include:
8            (A) a breakdown of the dollar amount of the
9        monetary bail orders by mean, median, 25th percentile,
10        and 75th percentile;
11            (B) the number of hearings in which the court
12        ordered the posting of monetary bail without any of the
13        other conditions under subsection (b) of Section
14        110-10 of the Code of Criminal Procedure of 1963;
15            (C) the number of hearings in which the court
16        ordered the posting on monetary bail with any of the
17        other conditions under subsection (b) of Section
18        110-10 of the Code of Criminal Procedure of 1963;
19            (D) the number of hearings in which the court
20        ordered the posting of monetary bail with the condition
21        under paragraph (12) of subsection (b) of Section
22        110-10 of the Code of Criminal Procedure of 1963;
23            (E) the number of hearings in which the court
24        ordered the posting of monetary bail with the condition
25        of electronic monitoring under paragraph (13) of
26        subsection (b) of Section 110-10 of the Code of

 

 

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1        Criminal Procedure of 1963;
2            (F) the number of hearings in which the court
3        ordered the posting of monetary bail with the condition
4        of electronic monitoring under paragraph (14) of
5        subsection (b) of Section 110-10 of the Code of
6        Criminal Procedure of 1963 or a sheriff's office;
7            (G) the number of hearings in which the court
8        ordered the posting of monetary bail with the condition
9        under paragraph (16) of subsection (b) of Section
10        110-10 of the Code of Criminal Procedure of 1963;
11            (H) the number of hearings in which the court
12        ordered the posting of monetary bail to secure release
13        from electronic monitoring.
14        (3) The number of hearings in which the court ordered
15    the posting of monetary bail secured by 100% of the bail
16    amount.
17        (4) The number of hearings in which the court denied
18    bail and ordered detention.
19        (5) Anonymously by judge, the number of bail orders by
20    type:
21            (A) release on personal recognizance;
22            (B) release based on posting of monetary bail
23        secured by 10% of the bail amount;
24            (C) release based on posting monetary bail secured
25        by 100% of the bail amount;
26            (D) release on personal recognizance with

 

 

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1        electronic monitoring as a condition of release under
2        Section 110-10 of the Code of Criminal Procedure of
3        1963; and
4            (E) denied bail.
 
5    (20 ILCS 3930/7.8 new)
6    Sec. 7.8. Pretrial Custody and Release Report.
7    (a) The Authority shall produce a monthly Pretrial Custody
8and Release Report for each county with aggregated data about
9the individuals in jail custody awaiting trial or on electronic
10monitoring awaiting trial in each county within the previous
11month. The Authority shall collect data needed for the Report
12from county sheriffs and shall provide a data submission form
13for the sheriffs to use for their submissions. The Authority
14shall post each county's monthly Report on the Authority's
15website on a monthly basis and the Report shall remain on the
16website for at least 5 years after being posted.
17    (b) The monthly Pretrial Custody and Release Report shall
18record the following pretrial admissions data for defendants
19admitted into the sheriff's custody during the previous month:
20        (1) the number of defendants admitted to jail, broken
21    down by demographic variables including race or ethnicity,
22    age, and sex;
23        (2) the number of defendants admitted whose most
24    serious current charge is a forcible felony as defined
25    under Section 2-8 of the Criminal Code of 2012;

 

 

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1        (3) the number of defendants admitted whose most
2    serious current charge is a felony;
3        (4) the number of defendants admitted whose most
4    serious current charge is a misdemeanor; and
5        (5) the number of defendants admitted who received a
6    monetary bail order and the number of defendants admitted
7    who were denied bail.
8    (c) The monthly Pretrial Custody and Release Report shall
9record the following jail population data as of the last day of
10the prior month:
11        (1) the total jail population, broken down by
12    demographic variables including race or ethnicity, age,
13    and sex;
14        (2) the number of individuals detained in jail pretrial
15    and the number of individuals detained in jail for all
16    other reasons;
17        (3) the number of defendants admitted whose most
18    serious current charge is a forcible felony as defined
19    under Section 2-8 of the Criminal Code of 2012;
20        (4) the number of individuals detained in jail pretrial
21    whose most serious current charge is a felony;
22        (5) the number of individuals detained in jail pretrial
23    whose most serious current charge is a misdemeanor;
24        (6) the total pretrial jail population by average and
25    median length in custody;
26        (7) the total pretrial jail population by the number of

 

 

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1    defendants ordered monetary bail and the number of
2    defendants denied bail; and
3        (8) the number of individuals detained in jail pretrial
4    who did not pay the monetary bail amount ordered, and of
5    those detainees, the mean, median, 25th percentile, and
6    75th percentile of the ordered bail amounts.
7    (d) The monthly Pretrial Custody and Release Report shall
8record the following discharge data for pretrial defendants
9released from the sheriff's custody during the previous month:
10        (1) the number of pretrial defendants discharged by the
11    following disposition types:
12            (A) convicted of a felony and sent to the Illinois
13        Department of Corrections;
14            (B) convicted of a misdemeanor and released on time
15        served;
16            (C) convicted of a felony or misdemeanor and given
17        a sentence of probation, conditional discharge, or
18        supervision;
19            (D) posted a monetary bond;
20            (E) released on personal recognizance bond or
21        electronic monitoring;
22            (F) released under earned credit, as defined in
23        Section 110-14 of the Code of Criminal Procedure of
24        1963;
25            (G) charged dismissed or any other non-conviction
26        resolution, including, but not limited to, deferred

 

 

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1        prosecution;
2        (2) the average and median length of stay of pretrial
3    defendants; and
4        (3) the number of individuals discharged after
5    spending 2 days or less in jail.
6    (e) The monthly Pretrial Custody and Release Report shall
7record the following data from the sheriff's electronic
8monitoring program as of the last day of the prior month:
9        (1) the total number of individuals under the sheriff's
10    supervision on electronic monitoring;
11        (2) the demographics of the individuals on electronic
12    monitoring including breakdowns of race or ethnicity, age,
13    and sex;
14        (3) the number of individuals on electronic monitoring
15    whose most serious current charge is a felony;
16        (4) the number of individuals on electronic monitoring
17    whose most serious current charge is a misdemeanor; and
18        (5) the average and median length of time spent on
19    electronic monitoring.
20    (f) In order to determine the effectiveness of pretrial
21release policies, the monthly Pretrial Custody and Release
22Report shall include information about defendants released
23from custody while awaiting trial. The Report shall include the
24following data for the previous month:
25        (1) the number of pretrial defendants released within
26    24 hours of the bail hearing;

 

 

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1        (2) the number of pretrial defendants released during
2    the month prior to the reporting month, and of those
3    defendants:
4            (A) the number of defendants who failed to appear
5        at least one court hearing within 30 days of their
6        release;
7            (B) the number of defendants who had at least one
8        new charge within 30 days of their release with the
9        most serious new charge being a misdemeanor or traffic
10        offense;
11            (C) the number of defendants who had at least one
12        new charge within 30 days of their release with the
13        most serious new charge being a felony; and
14            (D) the number of defendants who had at least one
15        new charge within 30 days of their release with the
16        most serious new charge being a forcible felony as
17        defined under Section 2-8 of the Criminal Code of 2012;
18        (3) the number of pretrial defendants released during
19    the month 180 days prior to the reporting month, and of
20    those defendants:
21            (A) the number of defendants who failed to appear
22        at least one court hearing within 180 days of their
23        release;
24            (B) the number of defendants who had at least one
25        new charge within 180 days of their release with the
26        most serious new charge being a misdemeanor or traffic

 

 

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1        offense;
2            (C) the number of defendants who had at least one
3        new charge within 180 days of their release with the
4        most serious new charge being a felony;
5            (D) the number of defendants who had at least one
6        new charge within 30 days of their release with the
7        most serious new charge being a forcible felony as
8        defined under Section 2-8 of the Criminal Code of 2012;
9        and
10        (4) the number of pretrial defendants released during
11    the month that fell one year prior to the reporting month,
12    and of those defendants:
13            (A) the number of defendants who failed to appear
14        at least one court hearing within one year of their
15        release;
16            (B) the number of defendants who had at least one
17        new charge within one year of their release with the
18        most serious new charge being a misdemeanor or traffic
19        offense;
20            (C) the number of defendants who had at least one
21        new charge within one year of their release with the
22        most serious new charge being a felony; and
23            (D) the number of defendants who had at least one
24        new charge within 30 days of their release with the
25        most serious new charge being a forcible felony as
26        defined under Section 2-8 of the Criminal Code of 2012.
 

 

 

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1    Section 10. The Counties Code is amended by adding Sections
23-6041, 3-6042, 3-6403 as follows:
 
3    (55 ILCS 5/3-6041 new)
4    Sec. 3-6041. Sheriff, county clerk, county board data
5submission for Pretrial Bail Proceeds Report. Each month, the
6sheriff, or the sheriff in consultation with the clerk of the
7court of each county, shall submit to the Illinois Criminal
8Justice Information Authority a data set with information
9needed for the Illinois Criminal Justice Information Authority
10to complete the report described in Section 7.7 of the Illinois
11Criminal Justice Information Act. The sheriff, or the sheriff
12in consultation with the clerk of the court, shall submit the
13data in the form specified by the Illinois Criminal Justice
14Information Authority.
 
15    (55 ILCS 5/3-6042 new)
16    Sec. 3-6042. Bail Proceeds Report. The county board of each
17county shall, for each calendar year, prepare a report of the
18amount of money bond collected and dispersed in the course of
19administering bail. The report shall include:
20    (1) the amount of money received from each governmental
21entity in the county that is entitled to collect or administer
22a money bond;
23    (2) the name of each governmental entity, fund, or program

 

 

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1to which the county board allocates money generated by
2collecting or administering a money bond and the amount so
3allocated;
4    (3) the fee charged by the county sheriff for the taking of
5all bonds on legal process, civil and criminal; and
6    (4) any study or report used to justify an increase in the
7fee charged for the taking of all bonds on legal process, civil
8and criminal, under Section 4-5001, if the county board has
9increased the fee under the requirements of Section 4-5001.
 
10    (55 ILCS 5/3-6403 new)
11    Sec. 3-6403. Sheriff data submission for Pretrial Custody
12and Release Reports. Each month, the sheriff of each county
13shall submit to the Illinois Criminal Justice Information
14Authority a data set with information needed for the Illinois
15Criminal Justice Information Authority to complete the report
16described in Section 7.8 of the Illinois Criminal Justice
17Information Act. The sheriff shall submit the data in the form
18specified by the Illinois Criminal Justice Information
19Authority.
 
20    Section 15. The Clerks of Courts Act is amended by adding
21Sections 30 and 31 as follows:
 
22    (705 ILCS 105/30 new)
23    Sec. 30. Report to Illinois Criminal Justice Information

 

 

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1Authority. Each month, the clerk of the circuit court of each
2county shall submit to the Illinois Criminal Justice
3Information Authority a data set with information needed for
4the Illinois Criminal Justice Information Authority to
5complete the reports described in Sections 7.7 and 7.8 of the
6Illinois Criminal Justice Information Act. Each quarter, the
7clerk of the circuit court of each county shall submit to the
8Illinois Criminal Justice Information Authority a data set with
9information needed for the Illinois Criminal Justice
10Information Authority to complete the Pretrial Bail Proceeds
11Report. The clerk of the circuit court shall submit the data in
12the form specified by the Illinois Criminal Justice Information
13Authority.
 
14    (705 ILCS 105/31 new)
15    Sec. 31. Clerk of court data submission for Pretrial Bail
16Proceeds Report. Each quarter, the clerk of the circuit court
17of each county shall submit to the Illinois Criminal Justice
18Information Authority a data set with information needed for
19the Illinois Criminal Justice Information Authority to
20complete the report described in Section 7.7 of the Illinois
21Criminal Justice Information Act. The clerk of the circuit
22court shall submit the data in the form specified by the
23Illinois Criminal Justice Information Authority. The report
24shall include:
25    (1) the total amount of an individual money bond received

 

 

HB2689- 14 -LRB101 11037 SLF 56240 b

1by the clerk;
2    (2) the total amount of a money bond received by the clerk;
3    (3) the total amount of an individual money bond forfeited;
4    (4) the total amount of a money bond forfeited;
5    (5) the total amount of an individual money bond refunded;
6    (6) the total amount of a money bond refunded;
7    (7) the total amount of money collected as a bail bond cost
8as defined by subsection (f) of Section 110-7 of the Code of
9Criminal Procedure of 1963;
10    (8) the total amount of a money bond collected by an
11officer of the peace, under Section 110-9 of the Code of
12Criminal Procedure of 1963 and Supreme Court Rules 529 and 530,
13and deposited with the clerk of the circuit court;
14    (9) the total amount of money taken from a bond deposit for
15fines, fees, restitution, or court costs other than a bail bond
16cost under subsection (f) of Section 110-7 of the Code of
17Criminal Procedure of 1963;
18        (A) this amount shall be separated by the type of fee,
19    fine, restitution, or court cost that is charged, as listed
20    in subsection (f) of Section 110-7 of the Code of Criminal
21    Procedure of 1963; and
22        (B) the clerk shall list separately the total amount of
23    fees or fines taken from a money bond associated with a
24    case finished as "not charged";
25    (10) the amount paid as reimbursement to a defendant's
26attorney of record under subsection (f) of Section 110-7 of the

 

 

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1Code of Criminal Procedure of 1963;
2    (11) the total amount of money paid by a person posting
3bond as any other fee, fine, restitution, or court cost not
4described by subsection (f) of Section 110-7 of the Code of
5Criminal Procedure of 1963 or Section 4-5001 of the Counties
6Code. The report shall list separately the total amount of
7money paid by a person posting a money bond as a fee to a credit
8card processing merchant pursuant to a contractual agreement
9between the clerk of the circuit court or county board and a
10credit card processing merchant; and
11    (12) the total amount of money disbursed by the clerk of
12the circuit court to each governmental entity or fund that is
13entitled to receive fees, fines, restitution, or
14reimbursements from a money bond deposit. These entities
15include, but are not be limited to:
16        (A) the Office of the State's Attorney;
17        (B) the State Treasurer;
18        (C) the county general fund;
19        (D) a probation services; or
20        (E) a special fund, such as the Violent Crime Victims
21    Assistance Fund or the Trauma Center Fund.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.