HB4621 103RD GENERAL ASSEMBLY

LRB103 36415 RLC 66517 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4621

Introduced 1/31/2024, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Pretrial Services Act. Establishes in the judicial branch of State government an office to be known as the Office of Statewide Pretrial Services. Provides that the office shall be under the supervision and direction of a Director who shall be appointed by a vote of a majority of the Illinois Supreme Court Justices for a 4-year term and until a successor is appointed and qualified. Provides that the Director shall adopt rules, instructions, and orders, consistent with the Act, further defining the organization of this office and the duties of its employees. Provides that the Illinois Supreme Court shall approve or modify an operational budget submitted to it by the Office of Statewide Pretrial Services and set the number of employees each year. Provides that the Chief Judge of each circuit court shall elect to receive pretrial services either through the Office or through a local pretrial services agency (rather than each circuit shall establish a pretrial service agency). Provides that the pretrial services agency has a duty to provide the court with accurate background data regarding the pretrial release of persons charged with felonies and effective supervision of compliance with the terms and conditions imposed on release. 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 changing Sections 1, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15, 22, 24, 30, and 33 and by adding Sections 0.02, 0.03, and 0.04 as follows:

(725 ILCS 185/0.02 new)

Sec. 0.02. Definitions. In this Act:

"Director" means the Director of the Office of Statewide Pretrial Services.

"Local pretrial services " means a pretrial services other than the Office who is providing pretrial services.

"Pretrial services " means any providing services to the circuit court as provided for in this Act, including the Office.

"Office" means the Office of Statewide Pretrial Services.

(725 ILCS 185/0.03 new)

Sec. 0.03. Office of Statewide Pretrial Services; establishment. There is established in the judicial branch of State government an office to be known as the Office of Statewide Pretrial Services. This office shall be under the supervision and direction of a Director who shall be appointed by a vote of a majority of the Illinois Supreme Court Justices for a 4-year term and until a successor is appointed and qualified. The Director shall adopt rules, instructions, and orders, consistent with this Act, further defining the organization of this office and the duties of its employees. The Illinois Supreme Court shall approve or modify an operational budget submitted to it by the Office of Statewide Pretrial Services and set the number of employees each year.

(725 ILCS 185/0.04 new)

Sec. 0.04. Powers and duties.

(a) The Office shall provide pretrial services as provided in Section 7 to circuit courts or counties without existing pretrial services agencies.

(b) The Office shall develop, establish, adopt, and enforce uniform standards for pretrial services in this State.

(c) The Office may:

(1) hire and train State employed pretrial personnel;

(2) establish qualifications for pretrial officers as to hiring, promotion, and training;

(3) establish a system of training and orientation for local pretrial services agencies;

(4) Develop standards and approve employee compensation schedules for local pretrial services agencies;

(5) establish a system of uniform forms;

(6) develop standards for a system of recordkeeping for local pretrial services agencies;

(7) gather statistics and develop research for planning of pretrial services in Illinois;

(8) establish a means of verifying the conditions for reimbursement under this Act for local pretrial services agencies and develop criteria for approved costs for reimbursement;

(9) monitor and evaluate all pretrial programs operated by local pretrial services agencies;

(10) review and approve annual plans submitted by local pretrial services agencies; and

(11) establish such other standards and regulations and do all acts necessary to carry out the intent and purposes of this Act.

(725 ILCS 185/1) (from Ch. 38, par. 301)

Sec. 1. The Chief Judge of each Each circuit court shall elect to receive pretrial services either through the Office or through a local pretrial services agency. The pretrial services agency has a duty establish a pretrial services agency to provide the court with accurate background data regarding the pretrial release of persons charged with felonies and effective supervision of compliance with the terms and conditions imposed on release.

(Source: P.A. 84-1449.)

(725 ILCS 185/2) (from Ch. 38, par. 302)

Sec. 2. Local pretrial Pretrial services agencies may be independent divisions of the circuit courts accountable to the chief judge or his designee for program activities. The agencies shall be supervised by a program director appointed by the chief judge and removable for cause. The chief judge or his designee shall have the authority to hire, terminate or discipline local pretrial services agency personnel on recommendation of the program director.

(Source: P.A. 84-1449.)

(725 ILCS 185/3) (from Ch. 38, par. 303)

Sec. 3. Pretrial services shall be provided by the Office The functions of the pretrial services agency shall be assigned to the Department of Probation and Court Services or other arm of the court where the volume of criminal proceedings does not justify the establishment of a local pretrial services agency separate division.

(Source: P.A. 84-1449.)

(725 ILCS 185/4) (from Ch. 38, par. 304)

Sec. 4. All local pretrial services agency personnel shall be full-time employees supervised by the director and, except for secretarial staff, subject to the hiring and training requirements established by the Office Supreme Court as provided in "An Act providing for a system of probation, for the appointment and compensation of probation officers, and authorizing the suspension of final judgment and the imposition of sentence upon persons found guilty of certain defined crimes and offenses, and legalizing their ultimate discharge without punishment", approved June 10, 1911, as amended.

(Source: P.A. 84-1449.)

(725 ILCS 185/5) (from Ch. 38, par. 305)

Sec. 5. The compensation for local pretrial services agency personnel shall be commensurate with salaries and other benefits accorded probation department employees.

(Source: P.A. 84-1449.)

(725 ILCS 185/8) (from Ch. 38, par. 308)

Sec. 8. In addition to the foregoing, local pretrial services agencies may with the approval of the chief judge provide one or more of the following services to the circuit court:

(a) Supervise compliance with the terms and conditions imposed by the courts for appeal bonds; and

(b) Assist in such other pretrial services activities as may be delegated to the agency by the court.

(Source: P.A. 84-1449.)

(725 ILCS 185/9) (from Ch. 38, par. 309)

Sec. 9. Pretrial services agencies shall have standing court authority to interview and process all persons charged with non-capital felonies either before or after first appearance if the person is in custody. The chief judge and program director of the pretrial services agency may establish interviewing priorities where resources do not permit total coverage, but no other criteria shall be employed to exclude categories of offenses or offenders from program operations.

(Source: P.A. 84-1449.)

(725 ILCS 185/10) (from Ch. 38, par. 310)

Sec. 10. The chief judge and program director of the local pretrial services agency shall continuously assess the benefits of agency intervention before or after the first appearance of accused persons. In determining the best allocation of available resources, consideration shall be given to current release practices of first appearance judges in misdemeanor and lesser felony cases; the logistics of pre-first appearance intervention where decentralized detention facilities are utilized; the availability of verification resources for pre-first appearance intervention; and the ultimate goal of prompt and informed determinations of pretrial release conditions.

(Source: P.A. 84-1449.)

(725 ILCS 185/12) (from Ch. 38, par. 312)

Sec. 12. Interviews shall be individually conducted by agency personnel in facilities or locations which assure an adequate opportunity for discussion, consistent with security needs.

The chief judge or his designee shall maintain a continuous liaison between the pretrial services agency director and the sheriff, or other affected law enforcement agencies, to assure that pretrial services interviewers have prompt access consistent with security and law enforcement needs to all prisoners after booking.

(Source: P.A. 84-1449.)

(725 ILCS 185/13) (from Ch. 38, par. 313)

Sec. 13. Information received from the arrested person as a result of the agency interview shall be recorded on uniform interview forms created by the Office.

(Source: P.A. 84-1449.)

(725 ILCS 185/14) (from Ch. 38, par. 314)

Sec. 14. The pretrial services agency shall, after interviewing arrestees, immediately verify and supplement the information required by the uniform interview form before submitting its report to the court. Minimum verification shall include the interviewee's prior criminal record, residency, and employment circumstances. The chief judge or his designee shall assist the pretrial services agency program director in establishing and maintaining cooperation with the circuit clerk and law enforcement information systems to assure the prompt verification of prior criminal records.

(Source: P.A. 84-1449.)

(725 ILCS 185/15) (from Ch. 38, par. 315)

Sec. 15. Verified and supplemental information assembled by the pretrial services agency shall be recorded on a uniform reporting form established by the Office Supreme Court.

(Source: P.A. 84-1449.)

(725 ILCS 185/22) (from Ch. 38, par. 322)

Sec. 22. If so ordered by the court, the pretrial services agency shall prepare and submit for the court's approval and signature a uniform release order on the uniform form established by the Office Supreme Court in all cases where an interviewee may be released from custody under conditions contained in an agency report. Such conditions shall become part of the conditions of pretrial release. A copy of the uniform release order shall be provided to the defendant and defendant's attorney of record, and the prosecutor.

(Source: P.A. 101-652, eff. 1-1-23.)

(725 ILCS 185/24) (from Ch. 38, par. 324)

Sec. 24. Where functions of the local pretrial services agency have been delegated to a probation department or other arm of the court under Section 3, their records shall be segregated from other records. Two years after the date of the first interview with a pretrial services agency representative, the defendant may apply to the chief circuit judge, or a judge designated by the chief circuit judge for these purposes, for an order expunging from the records of the pretrial services agency all files pertaining to the defendant.

(Source: P.A. 84-1449.)

(725 ILCS 185/30) (from Ch. 38, par. 330)

Sec. 30. Records and statistics shall be maintained by local pretrial services agencies of their operations and effect upon the criminal justice system, with monthly reports submitted to the circuit court and the Office Supreme Court on a uniform statistical form developed by the Supreme Court.

(Source: P.A. 84-1449.)

(725 ILCS 185/33) (from Ch. 38, par. 333)

Sec. 33. The Office Supreme Court shall pay from funds appropriated to it for this purpose 100% of all approved costs for pretrial services, including pretrial services officers, necessary support personnel, travel costs reasonably related to the delivery of pretrial services, space costs, equipment, telecommunications, postage, commodities, printing and contractual services. Costs shall be reimbursed monthly, based on an annual a plan and budget approved by the Office Supreme Court. No department may be reimbursed for costs which exceed or are not provided for in the approved annual plan and budget. The Mandatory Arbitration Fund may be used to reimburse approved costs for pretrial services.

(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08.)

(725 ILCS 185/1.5 rep.)

(725 ILCS 185/6 rep.)

Section 10. The Pretrial Services Act is amended by repealing Sections 1.5 and 6.

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