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Synopsis As Introduced Amends the Code of Criminal Procedure of 1963. Provides that when a person is charged with felony domestic battery, aggravated domestic battery, aggravated battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, or an attempt to commit first degree murder regardless whether an order of protection has been issued against the person, the court may, in its discretion, order the respondent to undergo a risk assessment evaluation conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency. Provides that based on the information collected from specified factors to be considered at a bail hearing for these offenses, 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 bail, be placed under electronic surveillance as provided in the Unified Code of Corrections. Provides that upon making a determination whether or not to order the respondent to undergo a risk assessment evaluation or to be placed under electronic surveillance, the court shall document in the record the court's reasons for making those determinations. Provides that the cost of the electronic surveillance shall be paid from the bail moneys deposited by, or on behalf, of the defendant.
House Floor Amendment No. 1 Provides that the cost of the electronic surveillance shall be paid by, or on behalf, of the defendant (rather than from the bail moneys deposited by, or on behalf, of the defendant).
Senate Floor Amendment No. 1 Provides that the court may order a risk assessment when a person is charged with domestic battery (not just felony domestic battery), aggravated domestic battery (deletes aggravated 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. Provides that the risk assessment evaluation shall use a recognized evidence-based instrument. Provides that the cost of the risk assessment shall be paid by, or on behalf, of the defendant.
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