Full Text of HB4482 103rd General Assembly
HB4482 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4482 Introduced 1/17/2024, by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: | | 725 ILCS 5/110-5 | from Ch. 38, par. 110-5 |
| Amends the Code of Criminal Procedure of 1963. In the provision that states if a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention, provides that the 48-hour time limit does not apply if the person has been found to be in need of mental health treatment or services upon release. Provides that the court shall hold a hearing every 7 to 10 days of the person's pretrial detention to be reevaluated every 7 to 10 days until adequate mental health treatment or services may be obtained after the defendant's release from pretrial detention. |
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| | A BILL FOR |
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| 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 110-5 as follows: | 6 | | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5) | 7 | | Sec. 110-5. Determining the amount of bail and conditions | 8 | | of release. | 9 | | (a) In determining which conditions of pretrial release, | 10 | | if any, will reasonably ensure the appearance of a defendant | 11 | | as required or the safety of any other person or the community | 12 | | and the likelihood of compliance by the defendant with all the | 13 | | conditions of pretrial release, the court shall, on the basis | 14 | | of available information, take into account such matters as: | 15 | | (1) the nature and circumstances of the offense | 16 | | charged; | 17 | | (2) the weight of the evidence against the defendant, | 18 | | except that the court may consider the admissibility of | 19 | | any evidence sought to be excluded; | 20 | | (3) the history and characteristics of the defendant, | 21 | | including: | 22 | | (A) the defendant's character, physical and mental | 23 | | condition, family ties, employment, financial |
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| 1 | | resources, length of residence in the community, | 2 | | community ties, past relating to drug or alcohol | 3 | | abuse, conduct, history criminal history, and record | 4 | | concerning appearance at court proceedings; and | 5 | | (B) whether, at the time of the current offense or | 6 | | arrest, the defendant was on probation, parole, or on | 7 | | other release pending trial, sentencing, appeal, or | 8 | | completion of sentence for an offense under federal | 9 | | law, or the law of this or any other state; | 10 | | (4) the nature and seriousness of the real and present | 11 | | threat to the safety of any person or persons or the | 12 | | community, based on the specific articulable facts of the | 13 | | case, that would be posed by the defendant's release, if | 14 | | applicable, as required under paragraph (7.5) of Section 4 | 15 | | of the Rights of Crime Victims and Witnesses Act; | 16 | | (5) the nature and seriousness of the risk of | 17 | | obstructing or attempting to obstruct the criminal justice | 18 | | process that would be posed by the defendant's release, if | 19 | | applicable; | 20 | | (6) when a person is charged with a violation of a | 21 | | protective order, domestic battery, aggravated domestic | 22 | | battery, kidnapping, aggravated kidnaping, unlawful | 23 | | restraint, aggravated unlawful restraint, cyberstalking, | 24 | | harassment by telephone, harassment through electronic | 25 | | communications, or an attempt to commit first degree | 26 | | murder committed against a spouse or a current or former |
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| 1 | | partner in a cohabitation or dating relationship, | 2 | | regardless of whether an order of protection has been | 3 | | issued against the person, the court may consider the | 4 | | following additional factors: | 5 | | (A) whether the alleged incident involved | 6 | | harassment or abuse, as defined in the Illinois | 7 | | Domestic Violence Act of 1986; | 8 | | (B) whether the person has a history of domestic | 9 | | violence, as defined in the Illinois Domestic Violence | 10 | | Act of 1986, or a history of other criminal acts; | 11 | | (C) the mental health of the person; | 12 | | (D) whether the person has a history of violating | 13 | | the orders of any court or governmental entity; | 14 | | (E) whether the person has been, or is, | 15 | | potentially a threat to any other person; | 16 | | (F) whether the person has access to deadly | 17 | | weapons or a history of using deadly weapons; | 18 | | (G) whether the person has a history of abusing | 19 | | alcohol or any controlled substance; | 20 | | (H) the severity of the alleged incident that is | 21 | | the basis of the alleged offense, including, but not | 22 | | limited to, the duration of the current incident, and | 23 | | whether the alleged incident involved the use of a | 24 | | weapon, physical injury, sexual assault, | 25 | | strangulation, abuse during the alleged victim's | 26 | | pregnancy, abuse of pets, or forcible entry to gain |
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| 1 | | access to the alleged victim; | 2 | | (I) whether a separation of the person from the | 3 | | victim of abuse or a termination of the relationship | 4 | | between the person and the victim of abuse has | 5 | | recently occurred or is pending; | 6 | | (J) whether the person has exhibited obsessive or | 7 | | controlling behaviors toward the victim of abuse, | 8 | | including, but not limited to, stalking, surveillance, | 9 | | or isolation of the victim of abuse or the victim's | 10 | | family member or members; | 11 | | (K) whether the person has expressed suicidal or | 12 | | homicidal ideations; and | 13 | | (L) any other factors deemed by the court to have a | 14 | | reasonable bearing upon the defendant's propensity or | 15 | | reputation for violent, abusive, or assaultive | 16 | | behavior, or lack of that behavior. | 17 | | (7) in cases of stalking or aggravated stalking under | 18 | | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | 19 | | court may consider the factors listed in paragraph (6) and | 20 | | the following additional factors: | 21 | | (A) any evidence of the defendant's prior criminal | 22 | | history indicative of violent, abusive or assaultive | 23 | | behavior, or lack of that behavior; the evidence may | 24 | | include testimony or documents received in juvenile | 25 | | proceedings, criminal, quasi-criminal, civil | 26 | | commitment, domestic relations, or other proceedings; |
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| 1 | | (B) any evidence of the defendant's psychological, | 2 | | psychiatric, or other similar social history that | 3 | | tends to indicate a violent, abusive, or assaultive | 4 | | nature, or lack of any such history; | 5 | | (C) the nature of the threat that is the basis of | 6 | | the charge against the defendant; | 7 | | (D) any statements made by, or attributed to, the | 8 | | defendant, together with the circumstances surrounding | 9 | | them; | 10 | | (E) the age and physical condition of any person | 11 | | allegedly assaulted by the defendant; | 12 | | (F) whether the defendant is known to possess or | 13 | | have access to any weapon or weapons; and | 14 | | (G) any other factors deemed by the court to have a | 15 | | reasonable bearing upon the defendant's propensity or | 16 | | reputation for violent, abusive, or assaultive | 17 | | behavior, or lack of that behavior. | 18 | | (b) The court may use a regularly validated risk | 19 | | assessment tool to aid its determination of appropriate | 20 | | conditions of release as provided under Section 110-6.4. If a | 21 | | risk assessment tool is used, the defendant's counsel shall be | 22 | | provided with the information and scoring system of the risk | 23 | | assessment tool used to arrive at the determination. The | 24 | | defendant retains the right to challenge the validity of a | 25 | | risk assessment tool used by the court and to present evidence | 26 | | relevant to the defendant's challenge. |
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| 1 | | (c) The court shall impose any conditions that are | 2 | | mandatory under subsection (a) of Section 110-10. The court | 3 | | may impose any conditions that are permissible under | 4 | | subsection (b) of Section 110-10. The conditions of release | 5 | | imposed shall be the least restrictive conditions or | 6 | | combination of conditions necessary to reasonably ensure the | 7 | | appearance of the defendant as required or the safety of any | 8 | | other person or persons or the community. | 9 | | (d) When a person is charged with a violation of a | 10 | | protective order, the court may order the defendant placed | 11 | | under electronic surveillance as a condition of pretrial | 12 | | release, as provided in Section 5-8A-7 of the Unified Code of | 13 | | Corrections, based on the information collected under | 14 | | paragraph (6) of subsection (a) of this Section, the results | 15 | | of any assessment conducted, or other circumstances of the | 16 | | violation. | 17 | | (e) If a person remains in pretrial detention 48 hours | 18 | | after having been ordered released with pretrial conditions, | 19 | | the court shall hold a hearing to determine the reason for | 20 | | continued detention. If the reason for continued detention is | 21 | | due to the unavailability or the defendant's ineligibility for | 22 | | one or more pretrial conditions previously ordered by the | 23 | | court or directed by a pretrial services agency, the court | 24 | | shall reopen the conditions of release hearing to determine | 25 | | what available pretrial conditions exist that will reasonably | 26 | | ensure the appearance of a defendant as required, the safety |
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| 1 | | of any other person, and the likelihood of compliance by the | 2 | | defendant with all the conditions of pretrial release. The | 3 | | inability of the defendant to pay for a condition of release or | 4 | | any other ineligibility for a condition of pretrial release | 5 | | shall not be used as a justification for the pretrial | 6 | | detention of that defendant. The 48-hour time limit does not | 7 | | apply if the person has been found to be in need of mental | 8 | | health treatment or services upon release. The court shall | 9 | | hold a hearing every 7 to 10 days of the person's pretrial | 10 | | detention to be reevaluated every 7 to 10 days until adequate | 11 | | mental health treatment or services may be obtained after the | 12 | | defendant's release from pretrial detention. | 13 | | (f) Prior to the defendant's first appearance, and with | 14 | | sufficient time for meaningful attorney-client contact to | 15 | | gather information in order to advocate effectively for the | 16 | | defendant's pretrial release, the court shall appoint the | 17 | | public defender or a licensed attorney at law of this State to | 18 | | represent the defendant for purposes of that hearing, unless | 19 | | the defendant has obtained licensed counsel. Defense counsel | 20 | | shall have access to the same documentary information relied | 21 | | upon by the prosecution and presented to the court. | 22 | | (f-5) At each subsequent appearance of the defendant | 23 | | before the court, the judge must find that the current | 24 | | conditions imposed are necessary to reasonably ensure the | 25 | | appearance of the defendant as required, the safety of any | 26 | | other person, and the compliance of the defendant with all the |
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| 1 | | conditions of pretrial release. The court is not required to | 2 | | be presented with new information or a change in circumstance | 3 | | to remove pretrial conditions. | 4 | | (g) Electronic monitoring, GPS monitoring, or home | 5 | | confinement can only be imposed as a condition of pretrial | 6 | | release if a no less restrictive condition of release or | 7 | | combination of less restrictive condition of release would | 8 | | reasonably ensure the appearance of the defendant for later | 9 | | hearings or protect an identifiable person or persons from | 10 | | imminent threat of serious physical harm. | 11 | | (h) If the court imposes electronic monitoring, GPS | 12 | | monitoring, or home confinement, the court shall set forth in | 13 | | the record the basis for its finding. A defendant shall be | 14 | | given custodial credit for each day he or she was subjected to | 15 | | home confinement, at the same rate described in subsection (b) | 16 | | of Section 5-4.5-100 of the Unified Code of Corrections. The | 17 | | court may give custodial credit to a defendant for each day the | 18 | | defendant was subjected to GPS monitoring without home | 19 | | confinement or electronic monitoring without home confinement. | 20 | | (i) If electronic monitoring, GPS monitoring, or home | 21 | | confinement is imposed, the court shall determine every 60 | 22 | | days if no less restrictive condition of release or | 23 | | combination of less restrictive conditions of release would | 24 | | reasonably ensure the appearance, or continued appearance, of | 25 | | the defendant for later hearings or protect an identifiable | 26 | | person or persons from imminent threat of serious physical |
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| 1 | | harm. If the court finds that there are less restrictive | 2 | | conditions of release, the court shall order that the | 3 | | condition be removed. This subsection takes effect January 1, | 4 | | 2022. | 5 | | (j) Crime Victims shall be given notice by the State's | 6 | | Attorney's office of this hearing as required in paragraph (1) | 7 | | of subsection (b) of Section 4.5 of the Rights of Crime Victims | 8 | | and Witnesses Act and shall be informed of their opportunity | 9 | | at this hearing to obtain a protective order. | 10 | | (k) The State and defendants may appeal court orders | 11 | | imposing conditions of pretrial release. | 12 | | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; | 13 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. | 14 | | 1-1-23.) |
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