093_SB1199eng SB1199 Engrossed LRB093 10235 RLC 10489 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 110-10 as follows: 6 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 7 Sec. 110-10. Conditions of bail bond. 8 (a) If a person is released prior to conviction, either 9 upon payment of bail security or on his or her own 10 recognizance, the conditions of the bail bond shall be that 11 he or she will: 12 (1) Appear to answer the charge in the court having 13 jurisdiction on a day certain and thereafter as ordered 14 by the court until discharged or final order of the 15 court; 16 (2) Submit himself or herself to the orders and 17 process of the court; 18 (3) Not depart this State without leave of the 19 court; 20 (4) Not violate any criminal statute of any 21 jurisdiction; 22 (5) At a time and place designated by the court, 23 surrender all firearms in his or her possession to a law 24 enforcement officer designated by the court to take 25 custody of and impound the firearms and physically 26 surrender his or her Firearm Owner's Identification Card 27 to the clerk of the circuit court when the offense the 28 person has been charged with is a forcible felony, 29 stalking, aggravated stalking, domestic battery, any 30 violation of either the Illinois Controlled Substances 31 Act or the Cannabis Control Act that is classified as a SB1199 Engrossed -2- LRB093 10235 RLC 10489 b 1 Class 2 or greater felony, or any felony violation of 2 Article 24 of the Criminal Code of 1961; the court may, 3 however, forgo the imposition of this condition when the 4 circumstances of the case clearly do not warrant it or 5 when its imposition would be impractical; all legally 6 possessed firearms shall be returned to the person upon 7 that person completing a sentence for a conviction on a 8 misdemeanor domestic battery, upon the charges being 9 dismissed, or if the person is found not guilty, unless 10 the finding of not guilty is by reason of insanity; and 11 (6) At a time and place designated by the court, 12 submit to a psychological evaluation when the person has 13 been charged with a violation of item (4) of subsection 14 (a) of Section 24-1 of the Criminal Code of 1961 and that 15 violation occurred in a school or in any conveyance 16 owned, leased, or contracted by a school to transport 17 students to or from school or a school-related activity, 18 or on any public way within 1,000 feet of real property 19 comprising any school. 20 Psychological evaluations ordered pursuant to this 21 Section shall be completed promptly and made available to the 22 State, the defendant, and the court. As a further condition 23 of bail under these circumstances, the court shall order the 24 defendant to refrain from entering upon the property of the 25 school, including any conveyance owned, leased, or contracted 26 by a school to transport students to or from school or a 27 school-related activity, or on any public way within 1,000 28 feet of real property comprising any school. Upon receipt of 29 the psychological evaluation, either the State or the 30 defendant may request a change in the conditions of bail, 31 pursuant to Section 110-6 of this Code. The court may change 32 the conditions of bail to include a requirement that the 33 defendant follow the recommendations of the psychological 34 evaluation, including undergoing psychiatric treatment. The SB1199 Engrossed -3- LRB093 10235 RLC 10489 b 1 conclusions of the psychological evaluation and any 2 statements elicited from the defendant during its 3 administration are not admissible as evidence of guilt during 4 the course of any trial on the charged offense, unless the 5 defendant places his or her mental competency in issue. 6 (b) The court may impose other conditions, such as the 7 following, if the court finds that such conditions are 8 reasonably necessary to assure the defendant's appearance in 9 court, protect the public from the defendant, or prevent the 10 defendant's unlawful interference with the orderly 11 administration of justice: 12 (1) Report to or appear in person before such 13 person or agency as the court may direct; 14 (2) Refrain from possessing a firearm or other 15 dangerous weapon; 16 (3) Refrain from approaching or communicating with 17 particular persons or classes of persons; 18 (4) Refrain from going to certain described 19 geographical areas or premises; 20 (5) Refrain from engaging in certain activities or 21 indulging in intoxicating liquors or in certain drugs; 22 (6) Undergo treatment for drug addiction or 23 alcoholism; 24 (7) Undergo medical or psychiatric treatment; 25 (8) Work or pursue a course of study or vocational 26 training; 27 (9) Attend or reside in a facility designated by 28 the court; 29 (10) Support his or her dependents; 30 (11) If a minor resides with his or her parents or 31 in a foster home, attend school, attend a non-residential 32 program for youths, and contribute to his or her own 33 support at home or in a foster home; 34 (12) Observe any curfew ordered by the court; SB1199 Engrossed -4- LRB093 10235 RLC 10489 b 1 (13) Remain in the custody of such designated 2 person or organization agreeing to supervise his release. 3 Such third party custodian shall be responsible for 4 notifying the court if the defendant fails to observe the 5 conditions of release which the custodian has agreed to 6 monitor, and shall be subject to contempt of court for 7 failure so to notify the court; 8 (14) Be placed under direct supervision of the 9 Pretrial Services Agency, Probation Department or Court 10 Services Department in a pretrial bond home supervision 11 capacity with or without the use of an approved 12 electronic monitoring device subject to Article 8A of 13 Chapter V of the Unified Code of Corrections; 14 (14.1) The court shall impose upon a defendant who 15 is charged with any alcohol, cannabis or controlled 16 substance violation and is placed under direct 17 supervision of the Pretrial Services Agency, Probation 18 Department or Court Services Department in a pretrial 19 bond home supervision capacity with the use of an 20 approved monitoring device, as a condition of such bail 21 bond, a fee that represents costs incidental to the 22 electronic monitoring for each day of such bail 23 supervision ordered by the court, unless after 24 determining the inability of the defendant to pay the 25 fee, the court assesses a lesser fee or no fee as the 26 case may be. The fee shall be collected by the clerk of 27 the circuit court. The clerk of the circuit court shall 28 pay all monies collected from this fee to the county 29 treasurer for deposit in the substance abuse services 30 fund under Section 5-1086.1 of the Counties Code; 31 (14.2) The court shall impose upon all defendants, 32 including those defendants subject to paragraph (14.1) 33 above, placed under direct supervision of the Pretrial 34 Services Agency, Probation Department or Court Services SB1199 Engrossed -5- LRB093 10235 RLC 10489 b 1 Department in a pretrial bond home supervision capacity 2 with the use of an approved monitoring device, as a 3 condition of such bail bond, a fee which shall represent 4 costs incidental to such electronic monitoring for each 5 day of such bail supervision ordered by the court, unless 6 after determining the inability of the defendant to pay 7 the fee, the court assesses a lesser fee or no fee as the 8 case may be. The fee shall be collected by the clerk of 9 the circuit court. The clerk of the circuit court shall 10 pay all monies collected from this fee to the county 11 treasurer who shall use the monies collected to defray 12 the costs of corrections. The county treasurer shall 13 deposit the fee collected in the county working cash fund 14 under Section 6-27001 or Section 6-29002 of the Counties 15 Code, as the case may be; 16 (14.3) The Chief Judge of the Judicial Circuit may 17 establish reasonable fees to be paid by a person 18 receiving pretrial services while under supervision of a 19 pretrial services agency, probation department, or court 20 services department. Reasonable fees may be charged for 21 pretrial services including, but not limited to, pretrial 22 supervision, diversion programs, electronic monitoring, 23 victim impact services, drug and alcohol testing, and 24 victim mediation services. The person receiving pretrial 25 services may be ordered to pay all costs incidental to 26 pretrial services in accordance with his or her ability 27 to pay those costs; 28 (14.4) For persons charged with violating Section 29 11-501 of the Illinois Vehicle Code, refrain from 30 operating a motor vehicle not equipped with an ignition 31 interlock device, as defined in Section 1-129.1 of the 32 Illinois Vehicle Code, pursuant to the rules promulgated 33 by the Secretary of State for the installation of 34 ignition interlock devices. Under this condition the SB1199 Engrossed -6- LRB093 10235 RLC 10489 b 1 court may allow a defendant who is not self-employed to 2 operate a vehicle owned by the defendant's employer that 3 is not equipped with an ignition interlock device in the 4 course and scope of the defendant's employment; 5 (15) Comply with the terms and conditions of an 6 order of protection issued by the court under the 7 Illinois Domestic Violence Act of 1986 or an order of 8 protection issued by the court of another state, tribe, 9 or United States territory; 10 (16) Under Section 110-6.5 comply with the 11 conditions of the drug testing program; and 12 (17) Such other reasonable conditions as the court 13 may impose. 14 (c) When a person is charged with an offense under 15 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 16 "Criminal Code of 1961", involving a victim who is a minor 17 under 18 years of age living in the same household with the 18 defendant at the time of the offense, in granting bail or 19 releasing the defendant on his own recognizance, the judge 20 shall impose conditions to restrict the defendant's access to 21 the victim which may include, but are not limited to 22 conditions that he will: 23 1. Vacate the Household. 24 2. Make payment of temporary support to his 25 dependents. 26 3. Refrain from contact or communication with the 27 child victim, except as ordered by the court. 28 (d) When a person is charged with a criminal offense and 29 the victim is a family or household member as defined in 30 Article 112A, conditions shall be imposed at the time of the 31 defendant's release on bond that restrict the defendant's 32 access to the victim. Unless provided otherwise by the court, 33 the restrictions shall include requirements that the 34 defendant do the following: SB1199 Engrossed -7- LRB093 10235 RLC 10489 b 1 (1) refrain from contact or communication with the 2 victim for a minimum period of 72 hours following the 3 defendant's release; and 4 (2) refrain from entering or remaining at the 5 victim's residence for a minimum period of 72 hours 6 following the defendant's release. 7 (e) Local law enforcement agencies shall develop 8 standardized bond forms for use in cases involving family or 9 household members as defined in Article 112A, including 10 specific conditions of bond as provided in subsection (d). 11 Failure of any law enforcement department to develop or use 12 those forms shall in no way limit the applicability and 13 enforcement of subsections (d) and (f). 14 (f) If the defendant is admitted to bail after 15 conviction the conditions of the bail bond shall be that he 16 will, in addition to the conditions set forth in subsections 17 (a) and (b) hereof: 18 (1) Duly prosecute his appeal; 19 (2) Appear at such time and place as the court may 20 direct; 21 (3) Not depart this State without leave of the 22 court; 23 (4) Comply with such other reasonable conditions as 24 the court may impose; and 25 (5) If the judgment is affirmed or the cause 26 reversed and remanded for a new trial, forthwith 27 surrender to the officer from whose custody he was 28 bailed. 29 (g) Upon a finding of guilty for any felony offense, the 30 defendant shall physically surrender, at a time and place 31 designated by the court, any and all firearms in his or her 32 possession and his or her Firearm Owner's Identification Card 33 as a condition of remaining on bond pending sentencing. 34 (Source: P.A. 91-11, eff. 6-4-99; 91-312, eff. 1-1-00; SB1199 Engrossed -8- LRB093 10235 RLC 10489 b 1 91-696, eff. 4-13-00; 91-903, eff. 1-1-01; 92-329, eff. 2 8-9-01; 92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)