Full Text of HB3347 101st General Assembly
HB3347ham001 101ST GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/20/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3347
| 2 | | AMENDMENT NO. ______. Amend House Bill 3347 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Criminal Justice Information Act | 5 | | is amended 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 | 9 | | Report for the circuit court of each county with aggregated | 10 | | data about the initial pretrial release hearings completed in | 11 | | each county within the previous month. The Authority shall | 12 | | collect the data needed for the Report and shall provide a data | 13 | | submission form for the clerks of the circuit courts and the | 14 | | sheriffs of each county to use for their submissions. | 15 | | (b) The Authority shall post each county's monthly Pretrial | 16 | | Order Report and Pretrial Custody and Release Report on the |
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| 1 | | Authority's website on a monthly basis and those reports shall | 2 | | remain on the website for at least 5 years after being posted. | 3 | | (c) The monthly Pretrial Order Report for the circuit court | 4 | | of each county shall include the total number of initial | 5 | | pretrial bond hearings conducted in that county, and of those | 6 | | hearings: | 7 | | (1) The number of hearings in which the court ordered | 8 | | release on personal recognizance. Of the number of hearings | 9 | | in which the court ordered release on personal | 10 | | recognizance, the Report shall include the following: | 11 | | (A) the number of hearings in which the court | 12 | | ordered release on personal recognizance without any | 13 | | of the other conditions under subsection (b) of Section | 14 | | 110-10 of the Code of Criminal Procedure of 1963; | 15 | | (B) the number of hearings in which the court | 16 | | ordered release on personal recognizance with any | 17 | | other conditions under subsection (b) of Section | 18 | | 110-10 of the Code of Criminal Procedure of 1963; | 19 | | (C) the number of hearings in which the court | 20 | | ordered release on personal recognizance with the | 21 | | condition under paragraph (12) of subsection (b) of | 22 | | Section 110-10 of the Code of Criminal Procedure of | 23 | | 1963; | 24 | | (D) the number of hearings in which the court | 25 | | ordered release on personal recognizance with the | 26 | | condition of electronic monitoring; |
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| 1 | | (E) the number of hearings in which the court | 2 | | ordered release on personal recognizance with the | 3 | | condition under paragraph (14) of subsection (b) of | 4 | | Section 110-10 of the Code of Criminal Procedure of | 5 | | 1963 or a sheriff's office; and | 6 | | (F) the number of hearings in which the court | 7 | | ordered release on personal recognizance with the | 8 | | condition under paragraph (16) of subsection (b) of | 9 | | Section 110-10 of the Code of Criminal Procedure of | 10 | | 1963. | 11 | | (2) The number of hearings in which the court denied | 12 | | bail and ordered detention. | 13 | | (3) Anonymously by judge, the number of bail orders by | 14 | | type: | 15 | | (A) release on personal recognizance; | 16 | | (B) release on personal recognizance with | 17 | | electronic monitoring as a condition of release under | 18 | | Section 110-10 of the Code of Criminal Procedure of | 19 | | 1963; and | 20 | | (C) denied bail. | 21 | | (20 ILCS 3930/7.8 new) | 22 | | Sec. 7.8. Pretrial Custody and Release Report. | 23 | | (a) The Authority shall produce a monthly Pretrial Custody | 24 | | and Release Report for each county with aggregated data about | 25 | | the individuals in jail custody awaiting trial or on electronic |
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| 1 | | monitoring awaiting trial in each county within the previous | 2 | | month. The Authority shall collect data needed for the Report | 3 | | from county sheriffs and shall provide a data submission form | 4 | | for the sheriffs to use for their submissions. The Authority | 5 | | shall post each county's monthly Report on the Authority's | 6 | | website on a monthly basis and the Report shall remain on the | 7 | | website for at least 5 years after being posted. | 8 | | (b) The monthly Pretrial Custody and Release Report shall | 9 | | record the following pretrial admissions data for defendants | 10 | | admitted into the sheriff's custody during the previous month: | 11 | | (1) the number of defendants admitted to jail, broken | 12 | | down by demographic variables including race or ethnicity, | 13 | | age, and sex; | 14 | | (2) the number of defendants admitted whose most | 15 | | serious current charge is a forcible felony as defined | 16 | | under Section 2-8 of the Criminal Code of 2012; | 17 | | (3) the number of defendants admitted whose most | 18 | | serious current charge is a felony; | 19 | | (4) the number of defendants admitted whose most | 20 | | serious current charge is a misdemeanor; and | 21 | | (5) the number of defendants who were denied bail. | 22 | | (c) The monthly Pretrial Custody and Release Report shall | 23 | | record the following jail population data as of the last day of | 24 | | the prior month: | 25 | | (1) the total jail population, broken down by | 26 | | demographic variables including race or ethnicity, age, |
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| 1 | | and sex; | 2 | | (2) the number of individuals detained in jail pretrial | 3 | | and the number of individuals detained in jail for all | 4 | | other reasons; | 5 | | (3) the number of defendants admitted whose most | 6 | | serious current charge is a forcible felony as defined | 7 | | under Section 2-8 of the Criminal Code of 2012; | 8 | | (4) the number of individuals detained in jail pretrial | 9 | | whose most serious current charge is a felony; | 10 | | (5) the number of individuals detained in jail pretrial | 11 | | whose most serious current charge is a misdemeanor; and | 12 | | (6) the total pretrial jail population by average and | 13 | | median length in custody. | 14 | | (d) The monthly Pretrial Custody and Release Report shall | 15 | | record the following discharge data for pretrial defendants | 16 | | released from the sheriff's custody during the previous month: | 17 | | (1) the number of pretrial defendants discharged by the | 18 | | following disposition types: | 19 | | (A) convicted of a felony and sent to the Illinois | 20 | | Department of Corrections; | 21 | | (B) convicted of a misdemeanor and released on time | 22 | | served; | 23 | | (C) convicted of a felony or misdemeanor and given | 24 | | a sentence of probation, conditional discharge, or | 25 | | supervision; | 26 | | (D) released on personal recognizance bond or |
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| 1 | | electronic monitoring; | 2 | | (E) released under earned credit, as defined in | 3 | | Section 110-14 of the Code of Criminal Procedure of | 4 | | 1963; | 5 | | (F) charged dismissed or any other non-conviction | 6 | | resolution, including, but not limited to, deferred | 7 | | prosecution; | 8 | | (2) the average and median length of stay of pretrial | 9 | | defendants; and | 10 | | (3) the number of individuals discharged after | 11 | | spending 2 days or less in jail. | 12 | | (e) The monthly Pretrial Custody and Release Report shall | 13 | | record the following data from the sheriff's electronic | 14 | | monitoring program as of the last day of the prior month: | 15 | | (1) the total number of individuals under the sheriff's | 16 | | supervision on electronic monitoring; | 17 | | (2) the demographics of the individuals on electronic | 18 | | monitoring including breakdowns of race or ethnicity, age, | 19 | | and sex; | 20 | | (3) the number of individuals on electronic monitoring | 21 | | whose most serious current charge is a felony; | 22 | | (4) the number of individuals on electronic monitoring | 23 | | whose most serious current charge is a misdemeanor; and | 24 | | (5) the average and median length of time spent on | 25 | | electronic monitoring. | 26 | | (f) In order to determine the effectiveness of pretrial |
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| 1 | | release policies, the monthly Pretrial Custody and Release | 2 | | Report shall include information about defendants released | 3 | | from custody while awaiting trial. The Report shall include the | 4 | | following data for the previous month: | 5 | | (1) the number of pretrial defendants released within | 6 | | 24 hours of the bail hearing; | 7 | | (2) the number of pretrial defendants released during | 8 | | the month prior to the reporting month, and of those | 9 | | defendants: | 10 | | (A) the number of defendants who failed to appear | 11 | | at least one court hearing within 30 days of their | 12 | | release; | 13 | | (B) the number of defendants who had at least one | 14 | | new charge within 30 days of their release with the | 15 | | most serious new charge being a misdemeanor or traffic | 16 | | offense; | 17 | | (C) the number of defendants who had at least one | 18 | | new charge within 30 days of their release with the | 19 | | most serious new charge being a felony; and | 20 | | (D) the number of defendants who had at least one | 21 | | new charge within 30 days of their release with the | 22 | | most serious new charge being a forcible felony as | 23 | | defined under Section 2-8 of the Criminal Code of 2012; | 24 | | (3) the number of pretrial defendants released during | 25 | | the month 180 days prior to the reporting month, and of | 26 | | those defendants: |
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| 1 | | (A) the number of defendants who failed to appear | 2 | | at least one court hearing within 180 days of their | 3 | | release; | 4 | | (B) the number of defendants who had at least one | 5 | | new charge within 180 days of their release with the | 6 | | most serious new charge being a misdemeanor or traffic | 7 | | offense; | 8 | | (C) the number of defendants who had at least one | 9 | | new charge within 180 days of their release with the | 10 | | most serious new charge being a felony; | 11 | | (D) 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 forcible felony as | 14 | | defined under Section 2-8 of the Criminal Code of 2012; | 15 | | and | 16 | | (4) the number of pretrial defendants released during | 17 | | the month that fell one year prior to the reporting month, | 18 | | and of those defendants: | 19 | | (A) the number of defendants who failed to appear | 20 | | at least one court hearing within one year of their | 21 | | release; | 22 | | (B) the number of defendants who had at least one | 23 | | new charge within one year of their release with the | 24 | | most serious new charge being a misdemeanor or traffic | 25 | | offense; | 26 | | (C) the number of defendants who had at least one |
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| 1 | | new charge within one year of their release with the | 2 | | most serious new charge being a felony; and | 3 | | (D) the number of defendants who had at least one | 4 | | new charge within 30 days of their release with the | 5 | | most serious new charge being a forcible felony as | 6 | | defined under Section 2-8 of the Criminal Code of 2012. | 7 | | Section 10. The Counties Code is amended by adding Sections | 8 | | 3-6041 and 3-6403 as follows: | 9 | | (55 ILCS 5/3-6041 new) | 10 | | Sec. 3-6041. Sheriff and county clerk data submission. Each | 11 | | month, the sheriff, or the sheriff in consultation with the | 12 | | clerk of the court of each county, shall submit to the Illinois | 13 | | Criminal Justice Information Authority a data set with | 14 | | information needed for the Illinois Criminal Justice | 15 | | Information Authority to complete the report described in | 16 | | Section 7.7 of the Illinois Criminal Justice Information Act. | 17 | | The sheriff, or the sheriff in consultation with the clerk of | 18 | | the court, shall submit the data in the form specified by the | 19 | | Illinois Criminal Justice Information Authority. | 20 | | (55 ILCS 5/3-6403 new) | 21 | | Sec. 3-6403. Sheriff data submission for Pretrial Custody | 22 | | and Release Reports. Each month, the sheriff of each county | 23 | | shall submit to the Illinois Criminal Justice Information |
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| 1 | | Authority a data set with information needed for the Illinois | 2 | | Criminal Justice Information Authority to complete the report | 3 | | described in Section 7.8 of the Illinois Criminal Justice | 4 | | Information Act. The sheriff shall submit the data in the form | 5 | | specified by the Illinois Criminal Justice Information | 6 | | Authority. | 7 | | Section 15. The Clerks of Courts Act is amended by adding | 8 | | Section 30 as follows: | 9 | | (705 ILCS 105/30 new) | 10 | | Sec. 30. Report to Illinois Criminal Justice Information | 11 | | Authority. Each month, the clerk of the circuit court of each | 12 | | county shall submit to the Illinois Criminal Justice | 13 | | Information Authority a data set with information needed for | 14 | | the Illinois Criminal Justice Information Authority to | 15 | | complete the reports described in Sections 7.7 and 7.8 of the | 16 | | Illinois Criminal Justice Information Act. The clerk of the | 17 | | circuit court shall submit the data in the form specified by | 18 | | the Illinois Criminal Justice Information Authority. | 19 | | Section 20. The Criminal Code of 2012 is amended by | 20 | | changing Section 32-10 as follows:
| 21 | | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| 22 | | Sec. 32-10. Violation of conditions of pre-trial release |
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| 1 | | bail bond .
| 2 | | (a) Whoever, having been released under conditions of | 3 | | pre-trial release admitted to bail for appearance before any
| 4 | | court of
this State, incurs a violation of conditions of | 5 | | pre-trial release forfeiture of the bail and knowingly fails to | 6 | | surrender
himself or herself within 30 days following the date | 7 | | of the violation forfeiture , commits, if
the conditions of | 8 | | pre-trial bail was given in connection with a charge of felony | 9 | | or pending appeal
or certiorari after conviction of any | 10 | | offense, a Class A misdemeanor if the underlying offense is a | 11 | | felony. If a felony of the next lower
Class or a Class A | 12 | | misdemeanor if the underlying offense was a Class 4 felony;
or, | 13 | | if the conditions of pre-trial release were bail was given in | 14 | | connection with a charge
of committing a misdemeanor, or for | 15 | | appearance as a witness, commits a
misdemeanor of the next | 16 | | lower Class, but not less than a Class C misdemeanor.
| 17 | | (a-5) Any person who knowingly violates a condition of | 18 | | pre-trial release bail bond by possessing a
firearm in | 19 | | violation of his or her conditions of pre-trial release bail | 20 | | commits a Class 4 felony
for a first violation and a Class 3 | 21 | | felony for a second or subsequent violation.
| 22 | | (b) Whoever, having been admitted to release under | 23 | | conditions of pre-trial release bail for appearance before
any | 24 | | court
of this State, while charged with a criminal offense in | 25 | | which the victim is a
family or household member as defined in | 26 | | Article 112A of the Code of Criminal
Procedure of 1963, |
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| 1 | | knowingly violates a condition of that release as set forth
in | 2 | | Section 110-10, subsection (d) of the Code of Criminal | 3 | | Procedure of 1963,
commits a Class A misdemeanor.
| 4 | | (c) Whoever, having been admitted to release under | 5 | | conditions of pre-trial release bail for appearance before
any | 6 | | court
of this State for a felony, Class A misdemeanor or a
| 7 | | criminal offense in which the victim is a family
or household | 8 | | member as defined in Article 112A of the Code of Criminal
| 9 | | Procedure of 1963, is charged with any other
felony, Class A | 10 | | misdemeanor,
or a
criminal offense in which the victim is a | 11 | | family or household
member as
defined in Article 112A of the | 12 | | Code of Criminal Procedure of 1963 while on
this
release, must | 13 | | appear before the court before
bail is statutorily set.
| 14 | | (d) Nothing in this Section shall interfere with or
prevent | 15 | | the exercise
by
any court of its power to punishment for | 16 | | contempt.
Any sentence imposed for violation of this Section | 17 | | shall be served
consecutive to the sentence imposed for the | 18 | | charge for which bail had been
granted and with respect to | 19 | | which the defendant has been convicted.
| 20 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 21 | | Section 25. The Code of Criminal Procedure of 1963 is | 22 | | amended by changing Sections 109-1, 110-1, 110-2, 110-3, 110-4, | 23 | | 110-5, and 110-5.1 and by adding Section 110-1.5 as follows:
| 24 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
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| 1 | | Sec. 109-1. Person arrested ; release from law enforcement | 2 | | custody and court appearance .
| 3 | | (a) A person arrested with or without a warrant on an | 4 | | offense for which pre-trial release may be denied, unless | 5 | | released by the arresting officer shall be taken without
| 6 | | unnecessary delay before the nearest and most accessible judge
| 7 | | in that county, except when such county is a participant in a
| 8 | | regional jail authority, in which event such person may be | 9 | | taken to the
nearest and most accessible judge, irrespective of | 10 | | the county where such
judge presides,
and a charge shall be | 11 | | filed.
An arresting officer may release a person arrested on an | 12 | | offense for which pre-trial release may be denied, other than | 13 | | first degree murder, attempted first degree murder, or violent | 14 | | sexual offense, without an appearance before a judge if release | 15 | | of the person is in the public interest. Whenever a person | 16 | | arrested either with or without a warrant is required
to be | 17 | | taken
before a judge, a charge
may be filed against such person | 18 | | by way of a two-way closed circuit
television system, except | 19 | | that a hearing to deny pre-trial release bail to the defendant | 20 | | may
not be conducted by way of closed circuit television.
| 21 | | (a-3) A person arrested with or without a warrant on an | 22 | | offense for which pre-trial release may not be denied shall, | 23 | | except as otherwise provided in this Code, be released by the | 24 | | officer without appearing before a judge. The releasing officer | 25 | | shall issue the person a summons to appear or a personal | 26 | | recognizance bond that may be conditioned on a promise to pay a |
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| 1 | | sum, as set by Supreme Court Rule, for willful failure to | 2 | | appear. | 3 | | (a-5) A person charged with an offense shall be allowed | 4 | | counsel at the hearing at which pre-trial release bail is | 5 | | determined under Article 110 of this Code. If the defendant | 6 | | desires counsel for his or her initial appearance but is unable | 7 | | to obtain counsel, the court shall appoint a public defender or | 8 | | licensed attorney at law of this State to represent him or her | 9 | | for purposes of that hearing. | 10 | | (a-7) A presumption in favor of pre-trial release of a | 11 | | person shall be applied by an arresting officer in the exercise | 12 | | of his or her discretion under this Section. | 13 | | (b) Upon initial appearance of a person before the court, | 14 | | the The judge shall:
| 15 | | (1) inform Inform the defendant of the charge against | 16 | | him and shall provide him
with a copy of the charge;
| 17 | | (2) advise Advise the defendant of his right to counsel | 18 | | and if indigent shall
appoint a public defender or licensed | 19 | | attorney at law of this State to
represent him in | 20 | | accordance with the provisions of Section 113-3 of this
| 21 | | Code;
| 22 | | (3) schedule Schedule a preliminary hearing in | 23 | | appropriate cases;
| 24 | | (4) release or detain the defendant under Admit the | 25 | | defendant to bail in accordance with the provisions of
| 26 | | Article 110 of this Code; and
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| 1 | | (5) order Order the confiscation of the person's | 2 | | passport or impose travel restrictions on a defendant | 3 | | arrested for first degree murder or other violent crime as | 4 | | defined in Section 3 of the Rights of Crime Victims and | 5 | | Witnesses Act, if the judge determines, based on the | 6 | | factors in Section 110-5 of this Code, that this will | 7 | | reasonably ensure the appearance of the defendant and | 8 | | compliance by the defendant with all conditions of release. | 9 | | (b-5) A presumption in favor of pre-trial release of a | 10 | | person shall be applied by a judge in exercising his or her | 11 | | discretion under this Section. | 12 | | (c) The court may issue an order of protection in | 13 | | accordance with
the provisions of Article 112A of this Code.
| 14 | | (d) At the initial appearance of a defendant in any | 15 | | criminal proceeding, the court must advise the defendant in | 16 | | open court that any foreign national who is arrested or | 17 | | detained has the right to have notice of the arrest or | 18 | | detention given to his or her country's consular | 19 | | representatives and the right to communicate with those | 20 | | consular representatives if the notice has not already been | 21 | | provided. The court must make a written record of so advising | 22 | | the defendant. | 23 | | (e) If consular notification is not provided to a defendant | 24 | | before his or her first appearance in court, the court shall | 25 | | grant any reasonable request for a continuance of the | 26 | | proceedings to allow contact with the defendant's consulate. |
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| 1 | | Any delay caused by the granting of the request by a defendant | 2 | | shall temporarily suspend for the time of the delay the period | 3 | | within which a person shall be tried as prescribed by | 4 | | subsections (a), (b), or (e) of Section 103-5 of this Code and | 5 | | on the day of the expiration of delay the period shall continue | 6 | | at the point at which it was suspended. | 7 | | (f) At the hearing at which bail is determined, the person | 8 | | charged shall be present in-person, rather than by video, | 9 | | phone, or any other form of electronic communication, unless | 10 | | the physical health and safety of the person would be | 11 | | endangered by appearing in court or the accused waives the | 12 | | right to be present in-person. | 13 | | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | 14 | | eff. 1-1-18 .)
| 15 | | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| 16 | | Sec. 110-1. Definitions. | 17 | | (a) "Bail" means a security, which may include a bond | 18 | | without monetary conditions, required by a court for the | 19 | | release of a person in custody set to provide reasonable | 20 | | assurance of public safety and court appearance. "Security" is | 21 | | that which is required to be
pledged to insure the payment of | 22 | | bail.
| 23 | | (a-5) "Forcible felony" has the meaning ascribed to the | 24 | | term in Section 2-8 of the Criminal Code of 2012. | 25 | | (b) "Sureties" encompasses the monetary and nonmonetary |
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| 1 | | requirements
set by the court as conditions for release either | 2 | | before or after
conviction. "Surety" is one who executes a bail | 3 | | bond and binds himself to pay
the bail if the person in custody | 4 | | fails to comply with all conditions of
the bail bond.
| 5 | | (c) The phrase "for which a sentence of imprisonment, | 6 | | without
conditional and revocable release, shall be imposed by | 7 | | law as a consequence
of conviction" means an offense for which | 8 | | a sentence of imprisonment,
without probation, periodic | 9 | | imprisonment or conditional discharge, is
required by law upon | 10 | | conviction.
| 11 | | (d) "Real and present threat to the physical safety of any | 12 | | person or
persons", as used in this Article, includes a threat | 13 | | to the community,
person, persons or class of persons.
| 14 | | (Source: P.A. 85-892.)
| 15 | | (725 ILCS 5/110-1.5 new) | 16 | | Sec. 110-1.5. Abolishment of monetary bail. Under this | 17 | | amendatory Act of the 101st General Assembly, the requirement | 18 | | of posting monetary bail is abolished, except as provided in | 19 | | the Uniform Criminal Extradition Act which is a compact that | 20 | | has been entered into between this State and its sister states.
| 21 | | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| 22 | | Sec. 110-2. Release on own recognizance. It should be | 23 | | presumed that a defendant is entitled to release on personal | 24 | | recognizance on the condition that he or she attend all |
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| 1 | | required court proceedings and the defendant does not commit | 2 | | any criminal offense. Detention or additional conditions | 3 | | should be set only when it is determined that no other | 4 | | conditions of release will reasonably assure the defendant's | 5 | | appearance in court, that the defendant does not present a | 6 | | danger to any person or the community, and that the defendant | 7 | | will comply with all conditions of bond. If the court deems | 8 | | that the defendant is to be released on personal recognizance, | 9 | | the court may require When from all the circumstances the court | 10 | | is of the opinion that the
defendant will appear as required | 11 | | either before or after
conviction and the
defendant will not | 12 | | pose a danger to any person or the community
and that the
| 13 | | defendant will comply with all conditions of bond, which
shall | 14 | | include the defendant's current address with that a written | 15 | | admonishment be signed by the defendant requiring to
the | 16 | | defendant that he or she must comply with the provisions of | 17 | | Section 110-12
of this Code . The regarding any change in his or | 18 | | her address, the defendant may be released on his or her own | 19 | | recognizance upon signature . The
defendant's address shall at | 20 | | all times remain a matter of public record with
the clerk of | 21 | | the court. A failure to appear as
required by such recognizance | 22 | | shall constitute an offense subject to the
penalty provided in | 23 | | Section 32-10 of the Criminal Code of 2012 for violation of | 24 | | conditions of pre-trial release the
bail bond , and any | 25 | | obligated sum fixed in the recognizance shall be
forfeited and | 26 | | collected in accordance with subsection (g) of Section 110-7
of |
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| 1 | | this Code.
| 2 | | This Section shall be liberally construed to effectuate the | 3 | | purpose of
relying upon contempt of court proceedings or | 4 | | criminal sanctions
instead of financial loss to assure the
| 5 | | appearance of the defendant, and that the defendant will not | 6 | | pose a danger to
any person or the community and that the | 7 | | defendant will comply with all
conditions of pre-trial release | 8 | | bond . Monetary bail should be set only when it is
determined | 9 | | that no other conditions of release will reasonably assure the
| 10 | | defendant's appearance in court, that the defendant does not | 11 | | present a
danger to any person or the community and that the | 12 | | defendant will comply
with all conditions of bond.
| 13 | | The State may appeal any order permitting release by | 14 | | personal recognizance.
| 15 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 16 | | (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| 17 | | Sec. 110-3. Issuance of warrant. Upon failure of a person | 18 | | to comply with any condition of pre-trial release a bail bond | 19 | | or recognizance
the court having jurisdiction at the time of | 20 | | such failure may on its own motion or upon motion from the | 21 | | State, issue an order to show cause as to why he or she shall | 22 | | not be found in contempt of court or subject to revocation or | 23 | | forfeiture of pre-trial release. The order issued by the court | 24 | | shall state the facts alleged to constitute the hearing to show | 25 | | cause or otherwise why the person is subject to revocation or |
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| 1 | | forfeiture of pre-trial release. A certified copy of the order | 2 | | shall be served upon the person at least 48 hours in advance of | 3 | | the scheduled hearing. If the person does not appear at the | 4 | | hearing to show cause or absconds, the court may , in addition
| 5 | | to any other action provided by law, issue a warrant for the | 6 | | arrest of the
person at liberty on pre-trial release bail or | 7 | | his or her own recognizance.
The contents of such a warrant | 8 | | shall be the same as required for an arrest
warrant issued upon | 9 | | complaint and may modify any previously imposed conditions | 10 | | placed upon the person, rather than revoking pre-trial release | 11 | | or issuing a warrant for the person . When a defendant is at | 12 | | liberty on pre-trial release bail or
his own recognizance on a
| 13 | | felony charge and fails to appear in court as directed, the | 14 | | court shall
issue a warrant for the arrest of such person after | 15 | | his or her failure to appear at the show for cause hearing as | 16 | | provided in this Section . Such warrant shall be noted
with a | 17 | | directive to peace officers to arrest the person and hold such
| 18 | | person without pre-trial release bail and to deliver such | 19 | | person before the court for further
proceedings. The court may | 20 | | not revoke pre-trial release and order the defendant detained | 21 | | pending trial unless, after considering all relevant | 22 | | circumstances including, but not limited to, the nature and | 23 | | seriousness of the violation or criminal act alleged, the court | 24 | | finds clear and convincing evidence that no condition or | 25 | | combination of conditions of release would reasonably assure | 26 | | the appearance of the defendant for later hearings and protect |
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| 1 | | the integrity of the judicial proceedings from a specific | 2 | | threat to a witness or participant. A defendant who is arrested | 3 | | or surrenders within 30 days of
the issuance of such warrant | 4 | | shall not be bailable in the case in question
unless he shows | 5 | | by the preponderance of the evidence that his failure to
appear | 6 | | was not intentional.
| 7 | | (Source: P.A. 86-298; 86-984; 86-1028.)
| 8 | | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| 9 | | Sec. 110-4. Bailable Offenses for which pre-trial release | 10 | | may be denied .
| 11 | | (a) All persons shall be presumed to be subject to release | 12 | | bailable before conviction, but the presumption may be overcome | 13 | | by clear and convincing evidence for except the
following | 14 | | offenses where the proof is evident or the presumption great | 15 | | that
the defendant is guilty of the offense: | 16 | | (1) capital offenses; | 17 | | (2) offenses for
which a sentence of life imprisonment | 18 | | may be imposed as a consequence of
conviction; | 19 | | (3) forcible felony offenses for which a sentence of | 20 | | imprisonment,
without conditional and revocable release, | 21 | | shall be imposed
by law as a consequence of conviction, | 22 | | where the court after a hearing,
determines that the | 23 | | release of the defendant would pose a real and present
| 24 | | threat to the physical safety of any person or persons; | 25 | | (4) a forcible felony without mandatory imprisonment |
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| 1 | | as a consequence of a conviction of stalking or
aggravated | 2 | | stalking, where the court, after a hearing, determines that | 3 | | the
release of the defendant would pose a real and present | 4 | | threat to the
physical safety of the alleged victim of the | 5 | | offense and denial of release bail
is necessary to prevent | 6 | | fulfillment of the threat upon which the charge
is based;
| 7 | | or | 8 | | (5) unlawful use of weapons in violation of item (4) of | 9 | | subsection (a) of
Section 24-1 of the
Criminal Code of 1961 | 10 | | or the Criminal Code of 2012 when that offense occurred in | 11 | | a school or in any
conveyance owned,
leased, or contracted | 12 | | by a school to transport students to or from school or a
| 13 | | school-related
activity, or on any public way within 1,000 | 14 | | feet of real property comprising
any school or felony | 15 | | unlawful use of weapons , where
the court, after a hearing, | 16 | | determines that the release of the defendant would
pose a | 17 | | real and
present threat to the physical safety of any | 18 | | person and denial of release bail is
necessary to prevent
| 19 | | fulfillment of that threat; or | 20 | | (6) making a terrorist threat in violation of
Section | 21 | | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012 or an attempt to commit the offense of making a | 23 | | terrorist threat, where the court, after a hearing, | 24 | | determines that the release of the defendant would pose a | 25 | | real and present threat to the physical safety of any | 26 | | person and denial of release bail is necessary to prevent |
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| 1 | | fulfillment of that threat ; or | 2 | | (7) a felony other than a forcible felony, if the court | 3 | | after a hearing, determines that the release of the | 4 | | defendant would pose a real and present threat to the | 5 | | physical safety of the alleged victim of the offense and | 6 | | that denial of release is necessary to prevent fulfillment | 7 | | of the threat upon which that charge is based .
| 8 | | (b) (Blank). A person seeking release on bail who is | 9 | | charged with a capital
offense or an offense for which a | 10 | | sentence of life imprisonment may be
imposed shall not be | 11 | | bailable until a hearing is held wherein such person
has the | 12 | | burden of demonstrating that the proof of his guilt is not | 13 | | evident
and the presumption is not great.
| 14 | | (c) Where it is alleged that pre-trial release bail should | 15 | | be denied to a person upon the
grounds that the person presents | 16 | | a real and present threat to the physical
safety of any person | 17 | | or persons, the burden of proof of such allegations
shall be | 18 | | upon the State to overcome by clear and convincing evidence | 19 | | that no condition or combination of conditions short of | 20 | | detention could protect the community and preserve the | 21 | | integrity of the judicial proceedings from an articulable | 22 | | threat to a witness or participant .
| 23 | | (d) When it is alleged that pre-trial release bail should | 24 | | be denied to a person
charged with stalking or aggravated | 25 | | stalking upon the grounds set forth in
Section 110-6.3 of this | 26 | | Code, the burden of proof of those allegations shall be
upon |
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| 1 | | the State.
| 2 | | (e) If pre-trial release is denied, the court must issue in | 3 | | writing a statement of reasons explaining the specific risks | 4 | | posed by the person and findings of fact concerning why no | 5 | | condition or combination of conditions could reasonably | 6 | | mitigate those risks. | 7 | | (f) If pre-trial release is denied, the defendant shall be | 8 | | granted the right to an appeal upon motion of the defendant. | 9 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 10 | | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| 11 | | Sec. 110-5. Determining the amount of bail and conditions | 12 | | of pre-trial release.
| 13 | | (a) In determining the amount of monetary bail or | 14 | | conditions of pre-trial release, if
any,
which will reasonably | 15 | | assure the appearance of a defendant as required or
the safety | 16 | | of any other person or the community and the likelihood of
| 17 | | compliance by the
defendant with all the conditions of | 18 | | pre-trial release bail , the court may shall , on the
basis of | 19 | | available information, take into account such matters as : | 20 | | (1) the nature and circumstances of the offense | 21 | | charged; | 22 | | (2) the weight of the evidence against the eligible | 23 | | defendant, except that the court may consider the | 24 | | admissibility of any evidence sought to be excluded; | 25 | | (3) The history and characteristics of the eligible |
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| 1 | | defendant, including: | 2 | | (A) the eligible defendant's character, physical | 3 | | and mental condition, family ties, employment, | 4 | | financial resources, length of residence in the | 5 | | community, community ties, past conduct, history | 6 | | relating to drug or alcohol abuse, criminal history, | 7 | | and record concerning appearance at court proceedings; | 8 | | and | 9 | | (B) whether, at the time of the current offense or | 10 | | arrest, the eligible defendant was on probation, | 11 | | parole, or on other release pending trial, sentencing, | 12 | | appeal, or completion of sentence for an offense under | 13 | | federal law, or the law of this or any other state; | 14 | | (4) the nature and seriousness of the danger to any | 15 | | other person or the community that would be posed by the | 16 | | eligible defendant's release, if applicable; | 17 | | (5) the nature and seriousness of the risk of | 18 | | obstructing or attempting to obstruct the criminal justice | 19 | | process that would be posed by the eligible defendant's | 20 | | release, if applicable; and | 21 | | (6) the release recommendation of the pretrial | 22 | | services program obtained using a risk assessment | 23 | | instrument under subsection (b-5) of Section 110-5.1. the
| 24 | | nature and circumstances of the offense charged, whether | 25 | | the evidence
shows that as part of the offense there was a | 26 | | use of violence or threatened
use of violence, whether the |
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| 1 | | offense involved corruption of public
officials or | 2 | | employees, whether there was physical harm or threats of | 3 | | physical
harm to any
public official, public employee, | 4 | | judge, prosecutor, juror or witness,
senior citizen, | 5 | | child, or person with a disability, whether evidence shows | 6 | | that
during the offense or during the arrest the defendant | 7 | | possessed or used a
firearm, machine gun, explosive or | 8 | | metal piercing ammunition or explosive
bomb device or any | 9 | | military or paramilitary armament,
whether the evidence
| 10 | | shows that the offense committed was related to or in | 11 | | furtherance of the
criminal activities of an organized gang | 12 | | or was motivated by the defendant's
membership in or | 13 | | allegiance to an organized gang,
the condition of the
| 14 | | victim, any written statement submitted by the victim or | 15 | | proffer or
representation by the State regarding the
impact | 16 | | which the alleged criminal conduct has had on the victim | 17 | | and the
victim's concern, if any, with further contact with | 18 | | the defendant if
released on bail, whether the offense was | 19 | | based on racial, religious,
sexual orientation or ethnic | 20 | | hatred,
the likelihood of the filing of a greater charge, | 21 | | the likelihood of
conviction, the sentence applicable upon | 22 | | conviction, the weight of the evidence
against such | 23 | | defendant, whether there exists motivation or ability to
| 24 | | flee, whether there is any verification as to prior | 25 | | residence, education,
or family ties in the local | 26 | | jurisdiction, in another county,
state or foreign country, |
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| 1 | | the defendant's employment, financial resources,
character | 2 | | and mental condition, past conduct, prior use of alias | 3 | | names or
dates of birth, and length of residence in the | 4 | | community,
the consent of the defendant to periodic drug | 5 | | testing in accordance with
Section 110-6.5,
whether a | 6 | | foreign national defendant is lawfully admitted in the | 7 | | United
States of America, whether the government of the | 8 | | foreign national
maintains an extradition treaty with the | 9 | | United States by which the foreign
government will | 10 | | extradite to the United States its national for a trial for
| 11 | | a crime allegedly committed in the United States, whether | 12 | | the defendant is
currently subject to deportation or | 13 | | exclusion under the immigration laws of
the United States, | 14 | | whether the defendant, although a United States citizen,
is | 15 | | considered under the law of any foreign state a national of | 16 | | that state
for the purposes of extradition or | 17 | | non-extradition to the United States,
the amount of | 18 | | unrecovered proceeds lost as a result of
the alleged | 19 | | offense, the
source of bail funds tendered or sought to be | 20 | | tendered for bail,
whether from the totality of the court's | 21 | | consideration,
the loss of funds posted or sought to be | 22 | | posted for bail will not deter the
defendant from flight, | 23 | | whether the evidence shows that the defendant is
engaged in | 24 | | significant
possession, manufacture, or delivery of a | 25 | | controlled substance or cannabis,
either individually or | 26 | | in consort with others,
whether at the time of the offense
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| 1 | | charged he or she was on bond or pre-trial release pending | 2 | | trial, probation,
periodic imprisonment or conditional | 3 | | discharge pursuant to this Code or the
comparable Code of | 4 | | any other state or federal jurisdiction, whether the
| 5 | | defendant is on bond or
pre-trial release pending the | 6 | | imposition or execution of sentence or appeal of
sentence | 7 | | for any offense under the laws of Illinois or any other | 8 | | state or
federal jurisdiction, whether the defendant is | 9 | | under parole, aftercare release, mandatory
supervised | 10 | | release, or
work release from the Illinois Department of | 11 | | Corrections or Illinois Department of Juvenile Justice or | 12 | | any penal
institution or corrections department of any | 13 | | state or federal
jurisdiction, the defendant's record of | 14 | | convictions, whether the defendant has been
convicted of a | 15 | | misdemeanor or ordinance offense in Illinois or similar
| 16 | | offense in other state or federal jurisdiction within the | 17 | | 10 years
preceding the current charge or convicted of a | 18 | | felony in Illinois, whether
the defendant was convicted of | 19 | | an offense in another state or federal
jurisdiction that | 20 | | would
be a felony if committed in Illinois within the 20 | 21 | | years preceding the
current charge or has been convicted of | 22 | | such felony and released from the
penitentiary within 20 | 23 | | years preceding the current charge if a
penitentiary | 24 | | sentence was imposed in Illinois or other state or federal
| 25 | | jurisdiction, the defendant's records of juvenile | 26 | | adjudication of delinquency in any
jurisdiction, any |
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| 1 | | record of appearance or failure to appear by
the defendant | 2 | | at
court proceedings, whether there was flight to avoid | 3 | | arrest or
prosecution, whether the defendant escaped or
| 4 | | attempted to escape to avoid arrest, whether the defendant | 5 | | refused to
identify himself or herself, or whether there | 6 | | was a refusal by the defendant to be
fingerprinted as | 7 | | required by law. Information used by the court in its
| 8 | | findings or stated in or
offered in connection with this | 9 | | Section may be by way of proffer based upon
reliable | 10 | | information offered by the State or defendant.
All evidence | 11 | | shall be admissible if it is relevant and
reliable | 12 | | regardless of whether it would be admissible under the | 13 | | rules of
evidence applicable at criminal trials.
If the | 14 | | State presents evidence that the offense committed by the | 15 | | defendant
was related to or in furtherance of the criminal | 16 | | activities of an organized
gang or was motivated by the | 17 | | defendant's membership in or allegiance to an
organized | 18 | | gang, and if the court determines that the evidence may be
| 19 | | substantiated, the court shall prohibit the defendant from | 20 | | associating with
other members of the organized gang as a | 21 | | condition of bail or release.
For the purposes of this | 22 | | Section,
"organized gang" has the meaning ascribed to it in | 23 | | Section 10 of the Illinois
Streetgang Terrorism Omnibus | 24 | | Prevention Act.
| 25 | | (a-5) There shall be a presumption that any conditions of | 26 | | release imposed shall be non-monetary in nature and the court |
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| 1 | | shall impose the least restrictive conditions or combination of | 2 | | conditions necessary to reasonably assure the appearance of the | 3 | | defendant for further court proceedings and protect the | 4 | | integrity of
the judicial proceedings from a specific threat to | 5 | | a witness or
participant. Conditions of release may include, | 6 | | but not be limited to, electronic home monitoring, curfews, | 7 | | drug counseling, stay-away orders, and in-person reporting. | 8 | | The court shall consider the defendant's socio-economic | 9 | | circumstance when setting conditions of release or imposing | 10 | | monetary bail . | 11 | | (a-10) Access to money shall not be a factor in what | 12 | | conditions are made available to the defendant nor shall | 13 | | inability to pay fees or costs prevent a defendant from being | 14 | | eligible for or accessing the least restrictive conditions | 15 | | ordered by the court. | 16 | | (b) (Blank). The amount of bail shall be:
| 17 | | (1) Sufficient to assure compliance with the | 18 | | conditions set forth in the
bail bond, which shall include | 19 | | the defendant's current address with a written
| 20 | | admonishment to the defendant that he or she must comply | 21 | | with the provisions of
Section 110-12 regarding any change | 22 | | in his or her address. The defendant's
address shall at all | 23 | | times remain a matter of public record with the clerk
of | 24 | | the court.
| 25 | | (2) Not oppressive.
| 26 | | (3) Considerate of the financial ability of the |
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| 1 | | accused.
| 2 | | (4) When a person is charged with a drug related | 3 | | offense involving
possession or delivery of cannabis or | 4 | | possession or delivery of a
controlled substance as defined | 5 | | in the Cannabis Control Act,
the Illinois Controlled | 6 | | Substances Act, or the Methamphetamine Control and | 7 | | Community Protection Act, the full street value
of the | 8 | | drugs seized shall be considered. "Street value" shall be
| 9 | | determined by the court on the basis of a proffer by the | 10 | | State based upon
reliable information of a law enforcement | 11 | | official contained in a written
report as to the amount | 12 | | seized and such proffer may be used by the court as
to the | 13 | | current street value of the smallest unit of the drug | 14 | | seized.
| 15 | | (b-5) (Blank). Upon the filing of a written request | 16 | | demonstrating reasonable cause, the State's Attorney may | 17 | | request a source of bail hearing either before or after the | 18 | | posting of any funds.
If the hearing is granted, before the | 19 | | posting of any bail, the accused must file a written notice | 20 | | requesting that the court conduct a source of bail hearing. The | 21 | | notice must be accompanied by justifying affidavits stating the | 22 | | legitimate and lawful source of funds for bail. At the hearing, | 23 | | the court shall inquire into any matters stated in any | 24 | | justifying affidavits, and may also inquire into matters | 25 | | appropriate to the determination which shall include, but are | 26 | | not limited to, the following: |
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| 1 | | (1) the background, character, reputation, and | 2 | | relationship to the accused of any surety; and | 3 | | (2) the source of any money or property deposited by | 4 | | any surety, and whether any such money or property | 5 | | constitutes the fruits of criminal or unlawful conduct; and | 6 | | (3) the source of any money posted as cash bail, and | 7 | | whether any such money constitutes the fruits of criminal | 8 | | or unlawful conduct; and | 9 | | (4) the background, character, reputation, and | 10 | | relationship to the accused of the person posting cash | 11 | | bail. | 12 | | Upon setting the hearing, the court shall examine, under | 13 | | oath, any persons who may possess material information. | 14 | | The State's Attorney has a right to attend the hearing, to | 15 | | call witnesses and to examine any witness in the proceeding. | 16 | | The court shall, upon request of the State's Attorney, continue | 17 | | the proceedings for a reasonable period to allow the State's | 18 | | Attorney to investigate the matter raised in any testimony or | 19 | | affidavit.
If the hearing is granted after the accused has | 20 | | posted bail, the court shall conduct a hearing consistent with | 21 | | this subsection (b-5). At the conclusion of the hearing, the | 22 | | court must issue an order either approving of disapproving the | 23 | | bail.
| 24 | | (c) (Blank). When a person is charged with an offense | 25 | | punishable by fine only the
amount of the bail shall not exceed | 26 | | double the amount of the maximum penalty.
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| 1 | | (d) (Blank). When a person has been convicted of an offense | 2 | | and only a fine has
been imposed the amount of the bail shall | 3 | | not exceed double the amount of
the fine.
| 4 | | (e) (Blank). The State may appeal any order granting bail | 5 | | or setting
a given amount for bail. | 6 | | (f) When a person is charged with a violation of an order | 7 | | of protection under Section 12-3.4 or 12-30 of the Criminal | 8 | | Code of 1961 or the Criminal Code of 2012 or when a person is | 9 | | charged with domestic battery, aggravated domestic battery, | 10 | | kidnapping, aggravated kidnaping, unlawful restraint, | 11 | | aggravated unlawful restraint, stalking, aggravated stalking, | 12 | | cyberstalking, harassment by telephone, harassment through | 13 | | electronic communications, or an attempt to commit first degree | 14 | | murder committed against an intimate partner regardless | 15 | | whether an order of protection has been issued against the | 16 | | person, | 17 | | (1) whether the alleged incident involved harassment | 18 | | or abuse, as defined in the Illinois Domestic Violence Act | 19 | | of 1986; | 20 | | (2) whether the person has a history of domestic | 21 | | violence, as defined in the Illinois Domestic Violence Act, | 22 | | or a history of other criminal acts; | 23 | | (3) based on the mental health of the person; | 24 | | (4) whether the person has a history of violating the | 25 | | orders of any court or governmental entity; | 26 | | (5) whether the person has been, or is, potentially a |
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| 1 | | threat to any other person; | 2 | | (6) whether the person has access to deadly weapons or | 3 | | a history of using deadly weapons; | 4 | | (7) whether the person has a history of abusing alcohol | 5 | | or any controlled substance; | 6 | | (8) based on the severity of the alleged incident that | 7 | | is the basis of the alleged offense, including, but not | 8 | | limited to, the duration of the current incident, and | 9 | | whether the alleged incident involved the use of a weapon, | 10 | | physical injury, sexual assault, strangulation, abuse | 11 | | during the alleged victim's pregnancy, abuse of pets, or | 12 | | forcible entry to gain access to the alleged victim; | 13 | | (9) whether a separation of the person from the alleged | 14 | | victim or a termination of the relationship between the | 15 | | person and the alleged victim has recently occurred or is | 16 | | pending; | 17 | | (10) whether the person has exhibited obsessive or | 18 | | controlling behaviors toward the alleged victim, | 19 | | including, but not limited to, stalking, surveillance, or | 20 | | isolation of the alleged victim or victim's family member | 21 | | or members; | 22 | | (11) whether the person has expressed suicidal or | 23 | | homicidal ideations; | 24 | | (12) based on any information contained in the | 25 | | complaint and any police reports, affidavits, or other | 26 | | documents accompanying the complaint, |
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| 1 | | the court may, in its discretion, order the respondent to | 2 | | undergo a risk assessment evaluation using a recognized, | 3 | | evidence-based instrument conducted by an Illinois Department | 4 | | of Human Services approved partner abuse intervention program | 5 | | provider, pretrial service, probation, or parole agency. These | 6 | | agencies shall have access to summaries of the defendant's | 7 | | criminal history, which shall not include victim interviews or | 8 | | information, for the risk evaluation. Based on the information | 9 | | collected from the 12 points to be considered at a pre-trial | 10 | | release bail hearing under this subsection (f), the results of | 11 | | any risk evaluation conducted and the other circumstances of | 12 | | the violation, the court may order that the person, as a | 13 | | condition of pre-trial release bail , be placed under electronic | 14 | | surveillance as provided in Section 5-8A-7 of the Unified Code | 15 | | of Corrections. Upon making a determination whether or not to | 16 | | order the respondent to undergo a risk assessment evaluation or | 17 | | to be placed under electronic surveillance and risk assessment, | 18 | | the court shall document in the record the court's reasons for | 19 | | making those determinations. The cost of the electronic | 20 | | surveillance and risk assessment shall be paid by, or on | 21 | | behalf, of the defendant. As used in this subsection (f), | 22 | | "intimate partner" means a spouse or a current or former | 23 | | partner in a cohabitation or dating relationship.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18 .)
| 25 | | (725 ILCS 5/110-5.1) |
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| 1 | | Sec. 110-5.1. Pre-trial release Bail ; certain persons | 2 | | charged with violent crimes against family or household | 3 | | members. | 4 | | (a) Subject to subsection (c), a person who is charged with | 5 | | a violent crime shall appear before the court for the setting | 6 | | of conditions of pre-trial release bail if the alleged victim | 7 | | was a family or household member at the time of the alleged | 8 | | offense, and if any of the following applies: | 9 | | (1) the person charged, at the time of the alleged | 10 | | offense, was subject to the terms of an order of protection | 11 | | issued under Section 112A-14 of this Code or Section 214 of | 12 | | the Illinois Domestic Violence Act of 1986 or previously | 13 | | was convicted of a violation of an order of protection | 14 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012 or a violent crime if the | 16 | | victim was a family or household member at the time of the | 17 | | offense or a violation of a substantially similar municipal | 18 | | ordinance or law of this or any other state or the United | 19 | | States if the victim was a family or household member at | 20 | | the time of the offense; | 21 | | (2) the arresting officer indicates in a police report | 22 | | or other document accompanying the complaint any of the | 23 | | following: | 24 | | (A) that the arresting officer observed on the | 25 | | alleged victim objective manifestations of physical | 26 | | harm that the arresting officer reasonably believes |
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| 1 | | are a result of the alleged offense; | 2 | | (B) that the arresting officer reasonably believes | 3 | | that the person had on the person's person at the time | 4 | | of the alleged offense a deadly weapon; | 5 | | (C) that the arresting officer reasonably believes | 6 | | that the person presents a credible threat of serious | 7 | | physical harm to the alleged victim or to any other | 8 | | person if released on bail before trial. | 9 | | (b) To the extent that information about any of the | 10 | | following is available to the court, the court shall consider | 11 | | all of the following, in addition to any other circumstances | 12 | | considered by the court, before determining conditions of | 13 | | pre-trial release setting bail for a person who appears before | 14 | | the court under pursuant to subsection (a): | 15 | | (1) whether the person has a history of domestic | 16 | | violence or a history of other violent acts; | 17 | | (2) the mental health of the person; | 18 | | (3) whether the person has a history of violating the | 19 | | orders of any court or governmental entity; | 20 | | (4) whether the person is potentially a threat to any | 21 | | other person; | 22 | | (5) whether the person has access to deadly weapons or | 23 | | a history of using deadly weapons; | 24 | | (6) whether the person has a history of abusing alcohol | 25 | | or any controlled substance; | 26 | | (7) the severity of the alleged violence that is the |
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| 1 | | basis of the alleged offense, including, but not limited | 2 | | to, the duration of the alleged violent incident, and | 3 | | whether the alleged violent incident involved serious | 4 | | physical injury, sexual assault, strangulation, abuse | 5 | | during the alleged victim's pregnancy, abuse of pets, or | 6 | | forcible entry to gain access to the alleged victim; | 7 | | (8) whether a separation of the person from the alleged | 8 | | victim or a termination of the relationship between the | 9 | | person and the alleged victim has recently occurred or is | 10 | | pending; | 11 | | (9) whether the person has exhibited obsessive or | 12 | | controlling behaviors toward the alleged victim, | 13 | | including, but not limited to, stalking, surveillance, or | 14 | | isolation of the alleged victim; | 15 | | (10) whether the person has expressed suicidal or | 16 | | homicidal ideations; | 17 | | (11) any information contained in the complaint and any | 18 | | police reports, affidavits, or other documents | 19 | | accompanying the complaint. | 20 | | (b-5) The court may use a regularly validated risk | 21 | | assessment tool to determine conditions of release. Risk | 22 | | assessment tools may not be used as the basis to deny pre-trial | 23 | | release. If a risk assessment tool is used, the defendant's | 24 | | counsel shall be provided with the information and scoring | 25 | | system of the risk assessment tool used to arrive at the | 26 | | determination. The defendant retains the right to challenge the |
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| 1 | | validity of a risk assessment tool used by the court and to | 2 | | present evidence relevant to the defendant's challenge. | 3 | | (c) Upon the court's own motion or the motion of a party | 4 | | and upon any terms that the court may direct, a court may | 5 | | permit a person who is required to appear before it by | 6 | | subsection (a) to appear by video conferencing equipment. If, | 7 | | in the opinion of the court, the appearance in person or by | 8 | | video conferencing equipment of a person who is charged with a | 9 | | misdemeanor and who is required to appear before the court by | 10 | | subsection (a) is not practicable, the court may waive the | 11 | | appearance and release the person . on bail on one or both of | 12 | | the following types of bail in an amount set by the court: | 13 | | (1) a bail bond secured by a deposit of 10% of the | 14 | | amount of the bond in cash; | 15 | | (2) a surety bond, a bond secured by real estate or | 16 | | securities as allowed by law, or the deposit of cash, at | 17 | | the option of the person. | 18 | | Subsection (a) does not create a right in a person to | 19 | | appear before the court for determining conditions of pre-trial | 20 | | release the setting of bail or prohibit a court from requiring | 21 | | any person charged with a violent crime who is not described in | 22 | | subsection (a) from appearing before the court for the setting | 23 | | of bail. | 24 | | (c-5) The pre-trial release hearing may be reopened before | 25 | | or after a determination by the court under this Section before | 26 | | trial begins at the request of the defendant if 2 court days |
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| 1 | | notice is given to the State. | 2 | | (d) As used in this Section: | 3 | | (1) "Violent crime" has the meaning ascribed to it in | 4 | | Section 3 of the Rights of Crime Victims and Witnesses Act. | 5 | | (2) "Family or household member" has the meaning | 6 | | ascribed to it in Section 112A-3 of this Code.
| 7 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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