HB3347ham001 101ST GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 3/20/2019

10100HB3347ham001 LRB101 11167 SLF 56917 a

AMENDMENT TO HOUSE BILL 3347

AMENDMENT NO. ______. Amend House Bill 3347 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Criminal Justice Information Act is amended by adding Sections 7.7 and 7.8 as follows:

(20 ILCS 3930/7.7 new)

Sec. 7.7. Pretrial Order Report.

(a) The Authority shall produce a monthly Pretrial Order Report for the circuit court of each county with aggregated data about the initial pretrial release hearings completed in each county within the previous month. The Authority shall collect the data needed for the Report and shall provide a data submission form for the clerks of the circuit courts and the sheriffs of each county to use for their submissions.

(b) The Authority shall post each county's monthly Pretrial Order Report and Pretrial Custody and Release 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.

(c) The monthly Pretrial Order Report for the circuit court of each county shall include the total number of initial pretrial bond hearings conducted in that county, and of those hearings:

(1) The number of hearings in which the court ordered release on personal recognizance. Of the number of hearings in which the court ordered release on personal recognizance, the Report shall include the following:

(A) the number of hearings in which the court ordered release on personal recognizance without any of the other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(B) the number of hearings in which the court ordered release on personal recognizance with any other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(C) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (12) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(D) the number of hearings in which the court ordered release on personal recognizance with the condition of electronic monitoring;

(E) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (14) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963 or a sheriff's office; and

(F) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (16) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963.

(2) The number of hearings in which the court denied bail and ordered detention.

(3) Anonymously by judge, the number of bail orders by type:

(A) release on personal recognizance;

(B) release on personal recognizance with electronic monitoring as a condition of release under Section 110-10 of the Code of Criminal Procedure of 1963; and

(C) denied bail.

(20 ILCS 3930/7.8 new)

Sec. 7.8. Pretrial Custody and Release Report.

(a) The Authority shall produce a monthly Pretrial Custody and Release Report for each county with aggregated data about the individuals in jail custody awaiting trial or on electronic monitoring awaiting trial in each county within the previous month. The Authority shall collect data needed for the Report from county sheriffs and shall provide a data submission form for the sheriffs to use for their submissions. The Authority shall post each county's monthly Report on the Authority's website on a monthly basis and the Report shall remain on the website for at least 5 years after being posted.

(b) The monthly Pretrial Custody and Release Report shall record the following pretrial admissions data for defendants admitted into the sheriff's custody during the previous month:

(1) the number of defendants admitted to jail, broken down by demographic variables including race or ethnicity, age, and sex;

(2) the number of defendants admitted whose most serious current charge is a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(3) the number of defendants admitted whose most serious current charge is a felony;

(4) the number of defendants admitted whose most serious current charge is a misdemeanor; and

(5) the number of defendants who were denied bail.

(c) The monthly Pretrial Custody and Release Report shall record the following jail population data as of the last day of the prior month:

(1) the total jail population, broken down by demographic variables including race or ethnicity, age, and sex;

(2) the number of individuals detained in jail pretrial and the number of individuals detained in jail for all other reasons;

(3) the number of defendants admitted whose most serious current charge is a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(4) the number of individuals detained in jail pretrial whose most serious current charge is a felony;

(5) the number of individuals detained in jail pretrial whose most serious current charge is a misdemeanor; and

(6) the total pretrial jail population by average and median length in custody.

(d) The monthly Pretrial Custody and Release Report shall record the following discharge data for pretrial defendants released from the sheriff's custody during the previous month:

(1) the number of pretrial defendants discharged by the following disposition types:

(A) convicted of a felony and sent to the Illinois Department of Corrections;

(B) convicted of a misdemeanor and released on time served;

(C) convicted of a felony or misdemeanor and given a sentence of probation, conditional discharge, or supervision;

(D) released on personal recognizance bond or electronic monitoring;

(E) released under earned credit, as defined in Section 110-14 of the Code of Criminal Procedure of 1963;

(F) charged dismissed or any other non-conviction resolution, including, but not limited to, deferred prosecution;

(2) the average and median length of stay of pretrial defendants; and

(3) the number of individuals discharged after spending 2 days or less in jail.

(e) The monthly Pretrial Custody and Release Report shall record the following data from the sheriff's electronic monitoring program as of the last day of the prior month:

(1) the total number of individuals under the sheriff's supervision on electronic monitoring;

(2) the demographics of the individuals on electronic monitoring including breakdowns of race or ethnicity, age, and sex;

(3) the number of individuals on electronic monitoring whose most serious current charge is a felony;

(4) the number of individuals on electronic monitoring whose most serious current charge is a misdemeanor; and

(5) the average and median length of time spent on electronic monitoring.

(f) In order to determine the effectiveness of pretrial release policies, the monthly Pretrial Custody and Release Report shall include information about defendants released from custody while awaiting trial. The Report shall include the following data for the previous month:

(1) the number of pretrial defendants released within 24 hours of the bail hearing;

(2) the number of pretrial defendants released during the month prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within 30 days of their release;

(B) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a felony; and

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(3) the number of pretrial defendants released during the month 180 days prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within 180 days of their release;

(B) the number of defendants who had at least one new charge within 180 days of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within 180 days of their release with the most serious new charge being a felony;

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012; and

(4) the number of pretrial defendants released during the month that fell one year prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within one year of their release;

(B) the number of defendants who had at least one new charge within one year of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within one year of their release with the most serious new charge being a felony; and

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012.

Section 10. The Counties Code is amended by adding Sections 3-6041 and 3-6403 as follows:

(55 ILCS 5/3-6041 new)

Sec. 3-6041. Sheriff and county clerk data submission. Each month, the sheriff, or the sheriff in consultation with the clerk of the court of each county, shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the report described in Section 7.7 of the Illinois Criminal Justice Information Act. The sheriff, or the sheriff in consultation with the clerk of the court, shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

(55 ILCS 5/3-6403 new)

Sec. 3-6403. Sheriff data submission for Pretrial Custody and Release Reports. Each month, the sheriff of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the report described in Section 7.8 of the Illinois Criminal Justice Information Act. The sheriff shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

Section 15. The Clerks of Courts Act is amended by adding Section 30 as follows:

(705 ILCS 105/30 new)

Sec. 30. Report to Illinois Criminal Justice Information Authority. Each month, the clerk of the circuit court of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the reports described in Sections 7.7 and 7.8 of the Illinois Criminal Justice Information Act. The clerk of the circuit court shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

Section 20. The Criminal Code of 2012 is amended by changing Section 32-10 as follows:

(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)

Sec. 32-10. Violation of conditions of pre-trial release bail bond.

(a) Whoever, having been released under conditions of pre-trial release admitted to bail for appearance before any court of this State, incurs a violation of conditions of pre-trial release forfeiture of the bail and knowingly fails to surrender himself or herself within 30 days following the date of the violation forfeiture, commits, if the conditions of pre-trial bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a Class A misdemeanor if the underlying offense is a felony. If a felony of the next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony; or, if the conditions of pre-trial release were bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor.

(a-5) Any person who knowingly violates a condition of pre-trial release bail bond by possessing a firearm in violation of his or her conditions of pre-trial release bail commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(b) Whoever, having been admitted to release under conditions of pre-trial release bail for appearance before any court of this State, while charged with a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, knowingly violates a condition of that release as set forth in Section 110-10, subsection (d) of the Code of Criminal Procedure of 1963, commits a Class A misdemeanor.

(c) Whoever, having been admitted to release under conditions of pre-trial release bail for appearance before any court of this State for a felony, Class A misdemeanor or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, is charged with any other felony, Class A misdemeanor, or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963 while on this release, must appear before the court before bail is statutorily set.

(d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punishment for contempt. Any sentence imposed for violation of this Section shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted.

(Source: P.A. 97-1108, eff. 1-1-13.)

Section 25. The Code of Criminal Procedure of 1963 is amended by changing Sections 109-1, 110-1, 110-2, 110-3, 110-4, 110-5, and 110-5.1 and by adding Section 110-1.5 as follows:

(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)

Sec. 109-1. Person arrested; release from law enforcement custody and court appearance.

(a) A person arrested with or without a warrant on an offense for which pre-trial release may be denied, unless released by the arresting officer shall be taken without unnecessary delay before the nearest and most accessible judge in that county, except when such county is a participant in a regional jail authority, in which event such person may be taken to the nearest and most accessible judge, irrespective of the county where such judge presides, and a charge shall be filed. An arresting officer may release a person arrested on an offense for which pre-trial release may be denied, other than first degree murder, attempted first degree murder, or violent sexual offense, without an appearance before a judge if release of the person is in the public interest. Whenever a person arrested either with or without a warrant is required to be taken before a judge, a charge may be filed against such person by way of a two-way closed circuit television system, except that a hearing to deny pre-trial release bail to the defendant may not be conducted by way of closed circuit television.

(a-3) A person arrested with or without a warrant on an offense for which pre-trial release may not be denied shall, except as otherwise provided in this Code, be released by the officer without appearing before a judge. The releasing officer shall issue the person a summons to appear or a personal recognizance bond that may be conditioned on a promise to pay a sum, as set by Supreme Court Rule, for willful failure to appear.

(a-5) A person charged with an offense shall be allowed counsel at the hearing at which pre-trial release bail is determined under Article 110 of this Code. If the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing.

(a-7) A presumption in favor of pre-trial release of a person shall be applied by an arresting officer in the exercise of his or her discretion under this Section.

(b) Upon initial appearance of a person before the court, the The judge shall:

(1) inform Inform the defendant of the charge against him and shall provide him with a copy of the charge;

(2) advise Advise the defendant of his right to counsel and if indigent shall appoint a public defender or licensed attorney at law of this State to represent him in accordance with the provisions of Section 113-3 of this Code;

(3) schedule Schedule a preliminary hearing in appropriate cases;

(4) release or detain the defendant under Admit the defendant to bail in accordance with the provisions of Article 110 of this Code; and

(5) order Order the confiscation of the person's passport or impose travel restrictions on a defendant arrested for first degree murder or other violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, if the judge determines, based on the factors in Section 110-5 of this Code, that this will reasonably ensure the appearance of the defendant and compliance by the defendant with all conditions of release.

(b-5) A presumption in favor of pre-trial release of a person shall be applied by a judge in exercising his or her discretion under this Section.

(c) The court may issue an order of protection in accordance with the provisions of Article 112A of this Code.

(d) At the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. The court must make a written record of so advising the defendant.

(e) If consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of Section 103-5 of this Code and on the day of the expiration of delay the period shall continue at the point at which it was suspended.

(f) At the hearing at which bail is determined, the person charged shall be present in-person, rather than by video, phone, or any other form of electronic communication, unless the physical health and safety of the person would be endangered by appearing in court or the accused waives the right to be present in-person.

(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, eff. 1-1-18.)

(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

Sec. 110-1. Definitions.

(a) "Bail" means a security, which may include a bond without monetary conditions, required by a court for the release of a person in custody set to provide reasonable assurance of public safety and court appearance. "Security" is that which is required to be pledged to insure the payment of bail.

(a-5) "Forcible felony" has the meaning ascribed to the term in Section 2-8 of the Criminal Code of 2012.

(b) "Sureties" encompasses the monetary and nonmonetary requirements set by the court as conditions for release either before or after conviction. "Surety" is one who executes a bail bond and binds himself to pay the bail if the person in custody fails to comply with all conditions of the bail bond.

(c) The phrase "for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction" means an offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction.

(d) "Real and present threat to the physical safety of any person or persons", as used in this Article, includes a threat to the community, person, persons or class of persons.

(Source: P.A. 85-892.)

(725 ILCS 5/110-1.5 new)

Sec. 110-1.5. Abolishment of monetary bail. Under this amendatory Act of the 101st General Assembly, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act which is a compact that has been entered into between this State and its sister states.

(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

Sec. 110-2. Release on own recognizance. It should be presumed that a defendant is entitled to release on personal recognizance on the condition that he or she attend all required court proceedings and the defendant does not commit any criminal offense. Detention or additional conditions should be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court, that the defendant does not present a danger to any person or the community, and that the defendant will comply with all conditions of bond. If the court deems that the defendant is to be released on personal recognizance, the court may require When from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction and the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond, which shall include the defendant's current address with that a written admonishment be signed by the defendant requiring to the defendant that he or she must comply with the provisions of Section 110-12 of this Code. The regarding any change in his or her address, the defendant may be released on his or her own recognizance upon signature. The defendant's address shall at all times remain a matter of public record with the clerk of the court. A failure to appear as required by such recognizance shall constitute an offense subject to the penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of conditions of pre-trial release the bail bond, and any obligated sum fixed in the recognizance shall be forfeited and collected in accordance with subsection (g) of Section 110-7 of this Code.

This Section shall be liberally construed to effectuate the purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearance of the defendant, and that the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of pre-trial release bond. Monetary bail should be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court, that the defendant does not present a danger to any person or the community and that the defendant will comply with all conditions of bond.

The State may appeal any order permitting release by personal recognizance.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)

Sec. 110-3. Issuance of warrant. Upon failure of a person to comply with any condition of pre-trial release a bail bond or recognizance the court having jurisdiction at the time of such failure may on its own motion or upon motion from the State, issue an order to show cause as to why he or she shall not be found in contempt of court or subject to revocation or forfeiture of pre-trial release. The order issued by the court shall state the facts alleged to constitute the hearing to show cause or otherwise why the person is subject to revocation or forfeiture of pre-trial release. A certified copy of the order shall be served upon the person at least 48 hours in advance of the scheduled hearing. If the person does not appear at the hearing to show cause or absconds, the court may, in addition to any other action provided by law, issue a warrant for the arrest of the person at liberty on pre-trial release bail or his or her own recognizance. The contents of such a warrant shall be the same as required for an arrest warrant issued upon complaint and may modify any previously imposed conditions placed upon the person, rather than revoking pre-trial release or issuing a warrant for the person. When a defendant is at liberty on pre-trial release bail or his own recognizance on a felony charge and fails to appear in court as directed, the court shall issue a warrant for the arrest of such person after his or her failure to appear at the show for cause hearing as provided in this Section. Such warrant shall be noted with a directive to peace officers to arrest the person and hold such person without pre-trial release bail and to deliver such person before the court for further proceedings. The court may not revoke pre-trial release and order the defendant detained pending trial unless, after considering all relevant circumstances including, but not limited to, the nature and seriousness of the violation or criminal act alleged, the court finds clear and convincing evidence that no condition or combination of conditions of release would reasonably assure the appearance of the defendant for later hearings and protect the integrity of the judicial proceedings from a specific threat to a witness or participant. A defendant who is arrested or surrenders within 30 days of the issuance of such warrant shall not be bailable in the case in question unless he shows by the preponderance of the evidence that his failure to appear was not intentional.

(Source: P.A. 86-298; 86-984; 86-1028.)

(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)

Sec. 110-4. Bailable Offenses for which pre-trial release may be denied.

(a) All persons shall be presumed to be subject to release bailable before conviction, but the presumption may be overcome by clear and convincing evidence for except the following offenses where the proof is evident or the presumption great that the defendant is guilty of the offense:

(1) capital offenses;

(2) offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction;

(3) forcible felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, where the court after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person or persons;

(4) a forcible felony without mandatory imprisonment as a consequence of a conviction of stalking or aggravated stalking, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of the alleged victim of the offense and denial of release bail is necessary to prevent fulfillment of the threat upon which the charge is based; or

(5) unlawful use of weapons in violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school or felony unlawful use of weapons, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of release bail is necessary to prevent fulfillment of that threat; or

(6) making a terrorist threat in violation of Section 29D-20 of the Criminal Code of 1961 or the Criminal Code of 2012 or an attempt to commit the offense of making a terrorist threat, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of release bail is necessary to prevent fulfillment of that threat; or

(7) a felony other than a forcible felony, if the court after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of the alleged victim of the offense and that denial of release is necessary to prevent fulfillment of the threat upon which that charge is based.

(b) (Blank). A person seeking release on bail who is charged with a capital offense or an offense for which a sentence of life imprisonment may be imposed shall not be bailable until a hearing is held wherein such person has the burden of demonstrating that the proof of his guilt is not evident and the presumption is not great.

(c) Where it is alleged that pre-trial release bail should be denied to a person upon the grounds that the person presents a real and present threat to the physical safety of any person or persons, the burden of proof of such allegations shall be upon the State to overcome by clear and convincing evidence that no condition or combination of conditions short of detention could protect the community and preserve the integrity of the judicial proceedings from an articulable threat to a witness or participant.

(d) When it is alleged that pre-trial release bail should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110-6.3 of this Code, the burden of proof of those allegations shall be upon the State.

(e) If pre-trial release is denied, the court must issue in writing a statement of reasons explaining the specific risks posed by the person and findings of fact concerning why no condition or combination of conditions could reasonably mitigate those risks.

(f) If pre-trial release is denied, the defendant shall be granted the right to an appeal upon motion of the defendant.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

Sec. 110-5. Determining the amount of bail and conditions of pre-trial release.

(a) In determining the amount of monetary bail or conditions of pre-trial release, if any, which will reasonably assure the appearance of a defendant as required or the safety of any other person or the community and the likelihood of compliance by the defendant with all the conditions of pre-trial release bail, the court may shall, on the basis of available information, take into account such matters as:

(1) the nature and circumstances of the offense charged;

(2) the weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded;

(3) The history and characteristics of the eligible defendant, including:

(A) the eligible defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

(B) whether, at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;

(4) the nature and seriousness of the danger to any other person or the community that would be posed by the eligible defendant's release, if applicable;

(5) the nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable; and

(6) the release recommendation of the pretrial services program obtained using a risk assessment instrument under subsection (b-5) of Section 110-5.1. the nature and circumstances of the offense charged, whether the evidence shows that as part of the offense there was a use of violence or threatened use of violence, whether the offense involved corruption of public officials or employees, whether there was physical harm or threats of physical harm to any public official, public employee, judge, prosecutor, juror or witness, senior citizen, child, or person with a disability, whether evidence shows that during the offense or during the arrest the defendant possessed or used a firearm, machine gun, explosive or metal piercing ammunition or explosive bomb device or any military or paramilitary armament, whether the evidence shows that the offense committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, the condition of the victim, any written statement submitted by the victim or proffer or representation by the State regarding the impact which the alleged criminal conduct has had on the victim and the victim's concern, if any, with further contact with the defendant if released on bail, whether the offense was based on racial, religious, sexual orientation or ethnic hatred, the likelihood of the filing of a greater charge, the likelihood of conviction, the sentence applicable upon conviction, the weight of the evidence against such defendant, whether there exists motivation or ability to flee, whether there is any verification as to prior residence, education, or family ties in the local jurisdiction, in another county, state or foreign country, the defendant's employment, financial resources, character and mental condition, past conduct, prior use of alias names or dates of birth, and length of residence in the community, the consent of the defendant to periodic drug testing in accordance with Section 110-6.5, whether a foreign national defendant is lawfully admitted in the United States of America, whether the government of the foreign national maintains an extradition treaty with the United States by which the foreign government will extradite to the United States its national for a trial for a crime allegedly committed in the United States, whether the defendant is currently subject to deportation or exclusion under the immigration laws of the United States, whether the defendant, although a United States citizen, is considered under the law of any foreign state a national of that state for the purposes of extradition or non-extradition to the United States, the amount of unrecovered proceeds lost as a result of the alleged offense, the source of bail funds tendered or sought to be tendered for bail, whether from the totality of the court's consideration, the loss of funds posted or sought to be posted for bail will not deter the defendant from flight, whether the evidence shows that the defendant is engaged in significant possession, manufacture, or delivery of a controlled substance or cannabis, either individually or in consort with others, whether at the time of the offense charged he or she was on bond or pre-trial release pending trial, probation, periodic imprisonment or conditional discharge pursuant to this Code or the comparable Code of any other state or federal jurisdiction, whether the defendant is on bond or pre-trial release pending the imposition or execution of sentence or appeal of sentence for any offense under the laws of Illinois or any other state or federal jurisdiction, whether the defendant is under parole, aftercare release, mandatory supervised release, or work release from the Illinois Department of Corrections or Illinois Department of Juvenile Justice or any penal institution or corrections department of any state or federal jurisdiction, the defendant's record of convictions, whether the defendant has been convicted of a misdemeanor or ordinance offense in Illinois or similar offense in other state or federal jurisdiction within the 10 years preceding the current charge or convicted of a felony in Illinois, whether the defendant was convicted of an offense in another state or federal jurisdiction that would be a felony if committed in Illinois within the 20 years preceding the current charge or has been convicted of such felony and released from the penitentiary within 20 years preceding the current charge if a penitentiary sentence was imposed in Illinois or other state or federal jurisdiction, the defendant's records of juvenile adjudication of delinquency in any jurisdiction, any record of appearance or failure to appear by the defendant at court proceedings, whether there was flight to avoid arrest or prosecution, whether the defendant escaped or attempted to escape to avoid arrest, whether the defendant refused to identify himself or herself, or whether there was a refusal by the defendant to be fingerprinted as required by law. Information used by the court in its findings or stated in or offered in connection with this Section may be by way of proffer based upon reliable information offered by the State or defendant. All evidence shall be admissible if it is relevant and reliable regardless of whether it would be admissible under the rules of evidence applicable at criminal trials. If the State presents evidence that the offense committed by the defendant was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, and if the court determines that the evidence may be substantiated, the court shall prohibit the defendant from associating with other members of the organized gang as a condition of bail or release. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(a-5) There shall be a presumption that any conditions of release imposed shall be non-monetary in nature and the court shall impose the least restrictive conditions or combination of conditions necessary to reasonably assure the appearance of the defendant for further court proceedings and protect the integrity of the judicial proceedings from a specific threat to a witness or participant. Conditions of release may include, but not be limited to, electronic home monitoring, curfews, drug counseling, stay-away orders, and in-person reporting. The court shall consider the defendant's socio-economic circumstance when setting conditions of release or imposing monetary bail.

(a-10) Access to money shall not be a factor in what conditions are made available to the defendant nor shall inability to pay fees or costs prevent a defendant from being eligible for or accessing the least restrictive conditions ordered by the court.

(b) (Blank). The amount of bail shall be:

(1) Sufficient to assure compliance with the conditions set forth in the bail bond, which shall include the defendant's current address with a written admonishment to the defendant that he or she must comply with the provisions of Section 110-12 regarding any change in his or her address. The defendant's address shall at all times remain a matter of public record with the clerk of the court.

(2) Not oppressive.

(3) Considerate of the financial ability of the accused.

(4) When a person is charged with a drug related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, the full street value of the drugs seized shall be considered. "Street value" shall be determined by the court on the basis of a proffer by the State based upon reliable information of a law enforcement official contained in a written report as to the amount seized and such proffer may be used by the court as to the current street value of the smallest unit of the drug seized.

(b-5) (Blank). Upon the filing of a written request demonstrating reasonable cause, the State's Attorney may request a source of bail hearing either before or after the posting of any funds. If the hearing is granted, before the posting of any bail, the accused must file a written notice requesting that the court conduct a source of bail hearing. The notice must be accompanied by justifying affidavits stating the legitimate and lawful source of funds for bail. At the hearing, the court shall inquire into any matters stated in any justifying affidavits, and may also inquire into matters appropriate to the determination which shall include, but are not limited to, the following:

(1) the background, character, reputation, and relationship to the accused of any surety; and

(2) the source of any money or property deposited by any surety, and whether any such money or property constitutes the fruits of criminal or unlawful conduct; and

(3) the source of any money posted as cash bail, and whether any such money constitutes the fruits of criminal or unlawful conduct; and

(4) the background, character, reputation, and relationship to the accused of the person posting cash bail.

Upon setting the hearing, the court shall examine, under oath, any persons who may possess material information.

The State's Attorney has a right to attend the hearing, to call witnesses and to examine any witness in the proceeding. The court shall, upon request of the State's Attorney, continue the proceedings for a reasonable period to allow the State's Attorney to investigate the matter raised in any testimony or affidavit. If the hearing is granted after the accused has posted bail, the court shall conduct a hearing consistent with this subsection (b-5). At the conclusion of the hearing, the court must issue an order either approving of disapproving the bail.

(c) (Blank). When a person is charged with an offense punishable by fine only the amount of the bail shall not exceed double the amount of the maximum penalty.

(d) (Blank). When a person has been convicted of an offense and only a fine has been imposed the amount of the bail shall not exceed double the amount of the fine.

(e) (Blank). The State may appeal any order granting bail or setting a given amount for bail.

(f) When a person is charged with a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012 or when a person is charged with domestic battery, aggravated domestic battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, stalking, aggravated stalking, cyberstalking, harassment by telephone, harassment through electronic communications, or an attempt to commit first degree murder committed against an intimate partner regardless whether an order of protection has been issued against the person,

(1) whether the alleged incident involved harassment or abuse, as defined in the Illinois Domestic Violence Act of 1986;

(2) whether the person has a history of domestic violence, as defined in the Illinois Domestic Violence Act, or a history of other criminal acts;

(3) based on the mental health of the person;

(4) whether the person has a history of violating the orders of any court or governmental entity;

(5) whether the person has been, or is, potentially a threat to any other person;

(6) whether the person has access to deadly weapons or a history of using deadly weapons;

(7) whether the person has a history of abusing alcohol or any controlled substance;

(8) based on the severity of the alleged incident that is the basis of the alleged offense, including, but not limited to, the duration of the current incident, and whether the alleged incident involved the use of a weapon, physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;

(9) whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;

(10) whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim or victim's family member or members;

(11) whether the person has expressed suicidal or homicidal ideations;

(12) based on any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint,

the court may, in its discretion, order the respondent to undergo a risk assessment evaluation using a recognized, evidence-based instrument conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency. These agencies shall have access to summaries of the defendant's criminal history, which shall not include victim interviews or information, for the risk evaluation. Based on the information collected from the 12 points to be considered at a pre-trial release bail hearing under this subsection (f), the results of any risk evaluation conducted and the other circumstances of the violation, the court may order that the person, as a condition of pre-trial release bail, be placed under electronic surveillance as provided in Section 5-8A-7 of the Unified Code of Corrections. Upon making a determination whether or not to order the respondent to undergo a risk assessment evaluation or to be placed under electronic surveillance and risk assessment, the court shall document in the record the court's reasons for making those determinations. The cost of the electronic surveillance and risk assessment shall be paid by, or on behalf, of the defendant. As used in this subsection (f), "intimate partner" means a spouse or a current or former partner in a cohabitation or dating relationship.

(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18.)

(725 ILCS 5/110-5.1)

Sec. 110-5.1. Pre-trial release Bail; certain persons charged with violent crimes against family or household members.

(a) Subject to subsection (c), a person who is charged with a violent crime shall appear before the court for the setting of conditions of pre-trial release bail if the alleged victim was a family or household member at the time of the alleged offense, and if any of the following applies:

(1) the person charged, at the time of the alleged offense, was subject to the terms of an order of protection issued under Section 112A-14 of this Code or Section 214 of the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;

(2) the arresting officer indicates in a police report or other document accompanying the complaint any of the following:

(A) that the arresting officer observed on the alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;

(B) that the arresting officer reasonably believes that the person had on the person's person at the time of the alleged offense a deadly weapon;

(C) that the arresting officer reasonably believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.

(b) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before determining conditions of pre-trial release setting bail for a person who appears before the court under pursuant to subsection (a):

(1) whether the person has a history of domestic violence or a history of other violent acts;

(2) the mental health of the person;

(3) whether the person has a history of violating the orders of any court or governmental entity;

(4) whether the person is potentially a threat to any other person;

(5) whether the person has access to deadly weapons or a history of using deadly weapons;

(6) whether the person has a history of abusing alcohol or any controlled substance;

(7) the severity of the alleged violence that is the basis of the alleged offense, including, but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;

(8) whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;

(9) whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim;

(10) whether the person has expressed suicidal or homicidal ideations;

(11) any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.

(b-5) The court may use a regularly validated risk assessment tool to determine conditions of release. Risk assessment tools may not be used as the basis to deny pre-trial release. If a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. The defendant retains the right to challenge the validity of a risk assessment tool used by the court and to present evidence relevant to the defendant's challenge.

(c) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by subsection (a) to appear by video conferencing equipment. If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by subsection (a) is not practicable, the court may waive the appearance and release the person. on bail on one or both of the following types of bail in an amount set by the court:

(1) a bail bond secured by a deposit of 10% of the amount of the bond in cash;

(2) a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.

Subsection (a) does not create a right in a person to appear before the court for determining conditions of pre-trial release the setting of bail or prohibit a court from requiring any person charged with a violent crime who is not described in subsection (a) from appearing before the court for the setting of bail.

(c-5) The pre-trial release hearing may be reopened before or after a determination by the court under this Section before trial begins at the request of the defendant if 2 court days notice is given to the State.

(d) As used in this Section:

(1) "Violent crime" has the meaning ascribed to it in Section 3 of the Rights of Crime Victims and Witnesses Act.

(2) "Family or household member" has the meaning ascribed to it in Section 112A-3 of this Code.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".