SB2195 102ND GENERAL ASSEMBLY

LRB102 14151 KMF 19503 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2195

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

725 ILCS 185/50 new
725 ILCS 185/51 new
725 ILCS 185/52 new
725 ILCS 185/60 new
725 ILCS 185/61 new
725 ILCS 185/62 new
725 ILCS 185/70 new
725 ILCS 185/71 new
725 ILCS 185/72 new

Amends the Pretrial Services Act. Creates the Public Defender Pretrial Grant Program. Determines which counties and circuit courts are eligible for the program. Provides for the administration of the program. Creates the Pretrial Data Collection Grant Program. Determines which counties and circuit courts are eligible for the program Provides for the administration of the program. Effective Immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pretrial Services Act is amended by adding Sections 50, 51, 52, 60, 61, 62, 70, 71, and 72 as follows:

(725 ILCS 185/50 new)

Sec. 50. Public Defender Pretrial Grant Program.

(a) There is created a Public Defender Pretrial Grant Program. The purpose of this grant program is to assist circuit courts and counties in implementing Sections 109-1 and 110-5 of the Code of Criminal Procedure of 1963, which requires counsel at pretrial hearings.

(b)The Public Defender Pretrial Grant Program is to be administered by the Administrative Office of the Illinois Courts, under the direction of the Illinois Supreme Court.

(c) The Administrative Office of the Illinois Courts shall request funds for this grant program in addition to its annual appropriation. The Administrative Office of the Illinois Courts may also seek contributions and grants to supplement all State funds appropriated for this grant program.

(725 ILCS 185/51 new)

Sec. 51. Eligible counties and circuit courts.

(a) Any county that has not employed a full-time public defender on or before January 1, 2021 is eligible to apply for a grant under this amendatory Act of the 102nd General Assembly. Additionally, the Administrative Office of the Illinois Courts may also establish a county population threshold for grant eligibility and workload or caseload guidelines for grant eligibility.

(b) The costs of training programs established by the Illinois Judicial College for public defenders with respect to pretrial and pretrial cases may be included in the Public Defender Pretrial Grant Program if sufficient funding is made available.

(c) The application for the grant shall be made by the Chief Judge of the Circuit in which the county is located. The Chief Judge shall administer the grant locally. Any group of eligible counties within the same circuit court may jointly apply for a Public Defender Pretrial Grant.

(725 ILCS 185/52 new)

Sec. 52. Public Defender Pretrial Grant Program administration.

(a) The Administrative Office of the Illinois Courts may adopt rules for the administration of the Public Defender Pretrial Grant Program. The rules shall be in effect only after they are approved by the Supreme Court.

(b) The Administrative Office of the Illinois Courts shall publish grant guidelines, rules, and grant application forms on the agency's World Wide Web site.

(c) The Administrative Office of the Illinois Courts may work with any law school to establish internship programs and mentoring programs for the training of law students and lawyers in representing individuals in pretrial release hearings. The Supreme Court may authorize law students with a provisional license to practice law to represent individuals seeking pretrial release.

(725 ILCS 185/60 new)

Sec. 60. Pretrial Court Reminder Notification Grant Program.

(a) There is hereby created a Pretrial Court Reminder Notification Grant Program. The purpose of this grant program is to assist circuit courts and counties implementing the pretrial provisions of Public Act 100-1 and the pretrial and No Cash Bail provisions enacted by the 102nd General Assembly.

(b)The Pretrial Court Reminder Notification Grant Program is to be administered by the Administrative Office of the Illinois Courts, under the direction of the Illinois Supreme Court.

(c) The Administrative Office of the Illinois Courts shall request funds for this grant program in addition to its annual appropriation. The Administrative Office of the Illinois Courts may also seek contributions and grants to supplement all State funds appropriated for this grant program.

(725 ILCS 185/61 new)

Sec. 61. Eligible counties and circuit courts.

(a) As of January 1, 2021, any county or circuit court is eligible to apply for a Pretrial Court Reminder Notification Grant under this amendatory Act of the 102nd General Assembly. Additionally, the Administrative Office of the Illinois Courts may also establish a county population threshold for grant eligibility and caseload guidelines for grant eligibility.

(b) The costs of training programs established by the Illinois Judicial College for with respect to pretrial and pretrial caseloads may be included in the Pretrial Court Reminder Notification Grant Program, if sufficient funding is made available.

(c) The application for the grant shall be made by the Chief Judge of the Circuit in which the county is located. Such Chief Judge shall administer the grant locally. Any group of eligible counties within the same circuit court may jointly apply for a Pretrial Court Reminder Notification Grant.

(725 ILCS 185/62 new)

Sec. 62. Pretrial Court Reminder Notification Grant Program Administration.

(a) The Administrative Office of the Illinois Courts may promulgate rules for the administration of the Pretrial Court Reminder Notification Grant Program. The rules shall be in effect only after they are approved by the Supreme Court.

(b) The Administrative Office of the Illinois Courts shall publish grant guidelines, rules, and grant application forms on the agency's World Wide Web site.

(c) The Administrative Office of the Illinois Courts may establish uniform provisions, minimum hardware and software components for establishing and maintaining a Pretrial Court Reminder Notification system, and maintain a list of approved vendors meeting sufficient standards to design, implement or support a Pretrial Release Court Reminder Notification system by the circuit court or county applicant.

(725 ILCS 185/70 new)

Sec. 70. Pretrial Data Collection Grant Program.

(a) There is hereby created a Pretrial Data Collection Grant Program. The purpose of this grant program is to assist circuit courts and counties for startup costs and costs implementing pretrial data collection and reporting in Section 7.7 of the Illinois Criminal Justice Information Act.

(b)The Pretrial Data Collection Grant Program is to be administered by the Administrative Office of the Illinois Courts, under the direction of the Illinois Supreme Court.

(c) The Administrative Office of the Illinois Courts shall request funds for this grant program in addition to its annual appropriation. The Administrative Office of the Illinois Courts may also seek contributions and grants to supplement all State funds appropriated for this grant program.

(725 ILCS 185/71 new)

Sec. 71. Eligible counties and circuit courts.

(a) As of January 1, 2021, any county or circuit court is eligible to apply for a Pretrial Data Collection Grant under this amendatory Act of the 102nd General Assembly. Additionally, the Administrative Office of the Illinois Courts may also establish a county population threshold for grant eligibility and caseload guidelines for grant eligibility.

(b) The costs of training programs established by the Illinois Judicial College with respect to data collection for Pretrial and bail caseloads may be included in the Pretrial Data Collection Grant Program, if sufficient funding is made available.

(c) The application for the grant shall be made by the Chief Judge of the Circuit in which the county is located. Such Chief Judge shall administer the grant locally. Any group of eligible counties within the same circuit court may jointly apply for a Pretrial Release Court Reminder Notification Grant.

(725 ILCS 185/72 new)

Sec. 72. Pretrial Data Collection Grant Program administration.

(a) The Administrative Office of the Illinois Courts may promulgate rules for the administration of the Pretrial Data Collection Grant Program. The rules shall be in effect only after they are approved by the Supreme Court.

(b) The Administrative Office of the Illinois Courts shall publish grant guidelines, rules, and grant application forms on the agency's World Wide Web site.

(c) The Administrative Office of the Illinois Courts may establish uniform provisions, minimum hardware and software components for establishing and maintaining a Pretrial Data Collection system, and maintain a list of approved vendors meeting sufficient standards to design, implement or support a Pretrial Data Collection Grant system by the circuit court or county applicant.

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