Full Text of SB0202 99th General Assembly
SB0202ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/21/2015
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| 1 | | AMENDMENT TO SENATE BILL 202
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 202 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Accelerated Resolution Court Act. | 6 | | Section 5. Accelerated Resolution Court pilot program. The | 7 | | Accelerated Resolution Court pilot program is hereby created in | 8 | | Cook County. Under this pilot program, the Cook County Sheriff | 9 | | or his or her designee, acting in his or her official capacity | 10 | | as Director of the Cook County Department of Corrections with | 11 | | the approval of the Cook County State's Attorney, may refer | 12 | | eligible defendants to the Accelerated Resolution Court | 13 | | provided that notice is given to the prosecuting State's | 14 | | Attorney, the defendant's counsel of record, and the Presiding | 15 | | Judge of the Criminal Division of the Circuit Court of Cook | 16 | | County. |
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| 1 | | Section 10. Eligibility. | 2 | | (a) To be eligible for the program the defendant must be: | 3 | | (1) in the custody of the Cook County Department of | 4 | | Corrections 72 hours after bond has been set;
| 5 | | (2) unable to post bond or ineligible to be placed on | 6 | | electronic monitoring due to homelessness or a lack of a | 7 | | sufficient host site approved by the Sheriff; and | 8 | | (3) charged with: | 9 | | (A) retail theft of property the full retail value | 10 | | of which does not exceed $300 under Section 16-25 of | 11 | | the Criminal Code of 2012; | 12 | | (B) criminal trespass to real property under | 13 | | Section 21-3 of the Criminal Code of 2012; or | 14 | | (C) criminal trespass to State supported land | 15 | | under Section 21-5 of the Criminal Code of 2012. | 16 | | (b) A defendant shall be excluded from the program if the | 17 | | defendant has been convicted of, or adjudicated delinquent for, | 18 | | a crime of violence in the past 10 years excluding | 19 | | incarceration time, including, but not limited to, first degree | 20 | | murder, second degree murder, predatory criminal sexual | 21 | | assault of a child, aggravated criminal sexual assault, | 22 | | criminal sexual assault, armed robbery, aggravated arson, | 23 | | arson, aggravated kidnaping, kidnapping, aggravated battery | 24 | | resulting in great bodily harm or permanent disability, | 25 | | aggravated stalking, stalking, or any offense involving the |
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| 1 | | discharge of a firearm.
| 2 | | Section 15. Procedure.
| 3 | | (a) Once referred to the Accelerated Resolution Court by | 4 | | the Cook County Sheriff or his or her designee, written notice | 5 | | shall be given by the Sheriff to the prosecuting State's | 6 | | Attorney, the defendant's counsel of record, and the Presiding | 7 | | Judge of the Criminal Division of the Circuit Court of Cook | 8 | | County. Proof of the notice shall be filed with the Clerk of | 9 | | the Circuit Court of Cook County. Any referred case shall be | 10 | | adjudicated within 30 days of the date of assignment by the | 11 | | presiding judge, excluding any delay occasioned by the | 12 | | defendant. | 13 | | (b) If a case within the Accelerated Resolution Court is | 14 | | not resolved within 30 days of the date of assignment by the | 15 | | presiding judge, the time period provided in subsection (a), | 16 | | then the defendant shall be released from custody on his or her | 17 | | own recognizance or released on electronic monitoring. Any | 18 | | person released under this Section must agree to the terms and | 19 | | conditions of release provided by the court. | 20 | | (c)
Nothing in this Act shall be construed as prohibiting a | 21 | | defendant from requesting a continuance. Any continuance | 22 | | granted on behalf of the defendant shall toll the 30-day | 23 | | requirement of this Act. Lack of participation by the victim or | 24 | | other continuances required on behalf of the State do not toll | 25 | | the 30-day requirement of this Act. |
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| 1 | | (d) If a person is released on his or her own recognizance, | 2 | | the conditions of the release shall be that he or she shall: | 3 | | (1) appear to answer the charge in the court having | 4 | | jurisdiction on a day certain and thereafter ordered by the | 5 | | court until discharged or final order of the court; | 6 | | (2) submit himself or herself to the orders and process | 7 | | of the court; | 8 | | (3) not depart this State without leave of the court; | 9 | | (4) not violate any criminal statute of any | 10 | | jurisdiction; | 11 | | (5) at a time and place designated by the court, | 12 | | surrender all firearms in his or her possession to a law | 13 | | enforcement officer as required under paragraph (5) of | 14 | | subsection (a) of Section 110-10 of the Code of Criminal | 15 | | Procedure of 1963; and
| 16 | | (6) file written notice with the clerk of the court | 17 | | before which the proceeding is pending of any change in his | 18 | | or her address within 24 hours after the change. The | 19 | | address of a defendant who has been released on his or her | 20 | | own recognizance shall at all times remain a matter of | 21 | | public record with the clerk of the court. | 22 | | (e) If the court finds that additional conditions are | 23 | | reasonably necessary to assure the defendant's appearance in | 24 | | court, protect the public from the defendant, or prevent the | 25 | | defendant's unlawful interference with the orderly | 26 | | administration of justice, the court may require the defendant |
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| 1 | | to: | 2 | | (1) refrain from going to certain described | 3 | | geographical areas or premises; | 4 | | (2) refrain from engaging in certain activities or | 5 | | indulging in intoxicating liquors or in certain drugs; | 6 | | (3) undergo mental health treatment or treatment for | 7 | | drug addiction or alcoholism; | 8 | | (4) attend or reside in a facility designated by the | 9 | | court; or | 10 | | (5) comply with other reasonable conditions as the | 11 | | court may impose. | 12 | | (f) A failure to appear as required by the recognizance | 13 | | shall constitute an offense subject to the penalty provided in | 14 | | Section 32-10 of the Criminal Code of 2012 for violation of | 15 | | bail bond. | 16 | | (g) The State may object to the referral of a case under | 17 | | Section 15 by providing written notice to the Cook County | 18 | | Sheriff's Office and the Office of the Public Defender.
| 19 | | (h) The State may object to any order permitting release by | 20 | | personal recognizance or electronic monitoring. | 21 | | Section 20. Repeal. This Act is repealed on June 30, 2017.
| 22 | | Section 99. Effective date. This Act takes effect July 1, | 23 | | 2015.".
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