HB4428 - 104th General Assembly


 


 
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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pretrial Services Act is amended by
5changing Sections 0.04 and 25 and by adding Section 25.1 as
6follows:
 
7    (725 ILCS 185/0.04)
8    Sec. 0.04. Powers and duties.
9    (a) The Office shall provide pretrial services as provided
10in Section 7 to circuit courts or counties without existing
11pretrial services agencies.
12    (b) The Office shall develop, establish, adopt, and
13enforce uniform standards for pretrial services in this State.
14    (c) The Office may:
15        (1) hire and train State employed pretrial personnel;
16        (2) establish qualifications for pretrial officers as
17    to hiring, promotion, and training;
18        (3) establish a system of training and orientation for
19    local pretrial services agencies;
20        (4) Develop standards and approve employee
21    compensation schedules for local pretrial services
22    agencies;
23        (5) establish a system of uniform forms;

 

 

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1        (6) develop standards for a system of recordkeeping
2    for local pretrial services agencies;
3        (7) gather statistics and develop research for
4    planning of pretrial services in Illinois;
5        (8) establish a means of verifying the conditions for
6    reimbursement under this Act for local pretrial services
7    agencies and develop criteria for approved costs for
8    reimbursement;
9        (9) monitor and evaluate all pretrial programs
10    operated by local pretrial services agencies;
11        (10) review and approve annual plans submitted by
12    local pretrial services agencies; and
13        (11) establish such other standards and regulations
14    and do all acts necessary to carry out the intent and
15    purposes of this Act; .
16        (12) create and manage grant initiatives that support
17    the duties and objectives of this Act and may provide
18    financial assistance to eligible counties, public
19    agencies, or other qualified entities to strengthen and
20    improve pretrial services statewide; and
21        (13) reimburse counties for reasonable and necessary
22    costs for pretrial expenses, subject to criteria
23    established by the Office and available funding.
24(Source: P.A. 103-602, eff. 7-1-25.)
 
25    (725 ILCS 185/25)  (from Ch. 38, par. 325)

 

 

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1    Sec. 25. Pretrial services agency; notification of court
2appearance obligations.
3    (a) The pretrial services agency The pretrial services
4agency shall provide written notification to supervised
5persons of court appearance obligations, and may require
6supervised persons to periodically report their periodic
7reporting by letter, telephone, or in person personal
8appearance to verify such compliance with court-ordered
9pretrial release conditions.
10    (b) Each agency must provide written notification of court
11appearance obligations to all persons under pretrial services
12supervision as follows:
13        (1) the agency shall provide at least 3 text notices
14    to the defendant before each court appearance with one
15    notice the day before the required court appearance;
16        (2) the agency shall provide at least one text message
17    to the defendant if the defendant misses a court
18    appearance; and
19        (3) a copy of the content of the message and a delivery
20    receipt shall be maintained as part of the Agency records.
21    (c) This Section does not apply if the agency does not have
22the information needed from a defendant to send a text message
23notification to the defendant or if the defendant has opted
24out of text message reminders.
25    (d) The agency may provide phone calls, emails, or written
26notifications for defendants that cannot receive text messages

 

 

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1or defendants who elect to receive these alternative types of
2notifications.
3    (e) For circuit courts and counties with a population
4greater than or equal to 3,000,000 where a local pretrial
5services agency provides pretrial services, the local pretrial
6services agency or any other agency designated by the chief
7judge shall provide notification of court appearance
8obligations to all persons under pretrial services supervision
9or charged with a misdemeanor or felony offense as set forth in
10paragraph (1) of subsection (b) and subsections (c) and (d).
11    (f) In this Section, "agency" means a pretrial services
12agency.
13(Source: P.A. 104-2, eff. 6-16-25.)
 
14    (725 ILCS 185/25.1 new)
15    Sec. 25.1. Statewide court date reminder system analysis.
16    (a) It is the intention of this analysis to identify a
17practical method for the establishment of court date reminders
18for all persons charged with a criminal offense in this State.
19While approximately 80% of Illinois' population is covered by
20a circuit court system with text reminders, there remain
21circuit courts without such reminders.
22    (b) The Office of Statewide Pretrial Services shall
23conduct a system analysis regarding the existence,
24utilization, and practices of court date notification systems
25within Illinois' circuit courts. The analysis shall also

 

 

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1include a review of existing research on the effectiveness of
2notification methods, cadences, and language. The analysis
3shall also include a review of the availability and
4practicality of notification systems to circuit courts.
5    (c) In conducting the analysis, the Office may also
6consult with state and national organizations with expertise
7in court reminder best practices.
8    (d) The Office shall report its analysis and findings to
9the General Assembly, Governor, and Supreme Court no later
10than December 31, 2026, with the goal of supporting additional
11legislative changes in 2027.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.