Full Text of HB3772 98th General Assembly
HB3772 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3772 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/110-2 | from Ch. 38, par. 110-2 | 725 ILCS 5/110-10 | from Ch. 38, par. 110-10 | 730 ILCS 5/5-8A-3 | from Ch. 38, par. 1005-8A-3 |
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Amends the Code of Criminal Procedure of 1963. Provides that as a condition of being released by personal recognizance, the court may order a defendant to be placed under the supervision of the Pretrial Services Agency, Probation Department, County Department of Corrections, or Court Services Department in a pretrial bond home supervision capacity with the use of an approved electronic monitoring device. Provides that as a condition of bail, the court may require the defendant to remain or be placed in the custody of such designated person or organization
agreeing to supervise his or her release, with or without the use of an approved electronic monitoring device administered by a Pretrial Services Agency, Probation Department, County Department of Corrections, or Court Services Department. Amends the Unified Code of Corrections. Provides that applications for electronic home detention
may include as a condition of bail, as a condition of release on own recognizances, or in lieu of bail.
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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 Sections 110-2 and 110-10 as follows:
| 6 | | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| 7 | | Sec. 110-2. Release on own recognizance. When from all the | 8 | | circumstances the court is of the opinion that the
defendant | 9 | | will appear as required either before or after
conviction and | 10 | | the
defendant will not pose a danger to any person or the | 11 | | community
and that the
defendant will comply with all | 12 | | conditions of bond, which
shall include the defendant's current | 13 | | address with a written admonishment to
the defendant that he or | 14 | | she must comply with the provisions of Section 110-12
of this | 15 | | Code regarding any change in his or her address, the defendant | 16 | | may be released on his or her own recognizance. The
defendant's | 17 | | address shall at all times remain a matter of public record | 18 | | with
the clerk of the court. A failure to appear as
required by | 19 | | such recognizance shall constitute an offense subject to the
| 20 | | penalty provided in Section 32-10 of the Criminal Code of 2012 | 21 | | for violation of the
bail bond, and any obligated sum fixed in | 22 | | the recognizance shall be
forfeited and collected in accordance | 23 | | with subsection (g) of Section 110-7
of this Code.
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| 1 | | This Section shall be liberally construed to effectuate the | 2 | | purpose of
relying upon contempt of court proceedings or | 3 | | criminal sanctions
instead of financial loss to assure the
| 4 | | appearance of the defendant, and that the defendant will not | 5 | | pose a danger to
any person or the community and that the | 6 | | defendant will comply with all
conditions of bond. Monetary | 7 | | bail should be set only when it is
determined that no other | 8 | | conditions of release will reasonably assure the
defendant's | 9 | | appearance in court, that the defendant does not present a
| 10 | | danger to any person or the community and that the defendant | 11 | | will comply
with all conditions of bond.
| 12 | | As a condition of being released by personal recognizance, | 13 | | the court may order a defendant to be placed under the | 14 | | supervision of the Pretrial Services Agency, Probation | 15 | | Department, County Department of Corrections, or Court | 16 | | Services Department in a pretrial bond home supervision | 17 | | capacity with the use of an approved electronic monitoring | 18 | | device. | 19 | | The State may appeal any order permitting release by | 20 | | personal recognizance.
| 21 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 22 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| 23 | | Sec. 110-10. Conditions of bail bond.
| 24 | | (a) If a person is released prior to conviction, either | 25 | | upon payment of
bail security or on his or her own |
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| 1 | | recognizance, the conditions of the bail
bond shall be that he | 2 | | or she will:
| 3 | | (1) Appear to answer the charge in the court having | 4 | | jurisdiction on
a day certain and thereafter as ordered by | 5 | | the 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 designated by the court
to take custody | 14 | | of and impound the firearms
and physically
surrender his or | 15 | | her Firearm Owner's Identification Card to the clerk of the
| 16 | | circuit court
when the offense the person has
been charged | 17 | | with is a forcible felony, stalking, aggravated stalking, | 18 | | domestic
battery, any violation of the Illinois Controlled | 19 | | Substances Act, the Methamphetamine Control and Community | 20 | | Protection Act, or the
Cannabis Control Act that is | 21 | | classified as a Class 2 or greater felony, or any
felony | 22 | | violation of Article 24 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012; the court
may,
however, forgo the | 24 | | imposition of this condition when the
circumstances of the
| 25 | | case clearly do not warrant it or when its imposition would | 26 | | be
impractical;
if the Firearm Owner's Identification Card |
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| 1 | | is confiscated, the clerk of the circuit court shall mail | 2 | | the confiscated card to the Illinois State Police; all | 3 | | legally possessed firearms shall be returned to the person | 4 | | upon
the charges being dismissed, or if the person is found | 5 | | not guilty, unless the
finding of not guilty is by reason | 6 | | of insanity; and
| 7 | | (6) At a time and place designated by the court, submit | 8 | | to a
psychological
evaluation when the person has been | 9 | | charged with a violation of item (4) of
subsection
(a) of | 10 | | Section 24-1 of the Criminal Code of 1961 or the Criminal | 11 | | Code of 2012 and that violation occurred in
a school
or in | 12 | | any conveyance owned, leased, or contracted by a school to | 13 | | transport
students to or
from school or a school-related | 14 | | activity, or on any public way within 1,000
feet of real
| 15 | | property comprising any school.
| 16 | | Psychological evaluations ordered pursuant to this Section | 17 | | shall be completed
promptly
and made available to the State, | 18 | | the defendant, and the court. As a further
condition of bail | 19 | | under
these circumstances, the court shall order the defendant | 20 | | to refrain from
entering upon the
property of the school, | 21 | | including any conveyance owned, leased, or contracted
by a | 22 | | school to
transport students to or from school or a | 23 | | school-related activity, or on any public way within
1,000 feet | 24 | | of real property comprising any school. Upon receipt of the | 25 | | psychological evaluation,
either the State or the defendant may | 26 | | request a change in the conditions of bail, pursuant to
Section |
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| 1 | | 110-6 of this Code. The court may change the conditions of bail | 2 | | to include a
requirement that the defendant follow the | 3 | | recommendations of the psychological evaluation,
including | 4 | | undergoing psychiatric treatment. The conclusions of the
| 5 | | psychological evaluation and
any statements elicited from the | 6 | | defendant during its administration are not
admissible as | 7 | | evidence
of guilt during the course of any trial on the charged | 8 | | offense, unless the
defendant places his or her
mental | 9 | | competency in issue.
| 10 | | (b) The court may impose other conditions, such as the | 11 | | following, if the
court finds that such conditions are | 12 | | reasonably necessary to assure the
defendant's appearance in | 13 | | court, protect the public from the defendant, or
prevent the | 14 | | defendant's unlawful interference with the orderly | 15 | | administration
of justice:
| 16 | | (1) Report to or appear in person before such person or | 17 | | agency as the
court may direct;
| 18 | | (2) Refrain from possessing a firearm or other | 19 | | dangerous weapon;
| 20 | | (3) Refrain from approaching or communicating with | 21 | | particular persons or
classes of persons;
| 22 | | (4) Refrain from going to certain described | 23 | | geographical areas or
premises;
| 24 | | (5) Refrain from engaging in certain activities or | 25 | | indulging in
intoxicating liquors or in certain drugs;
| 26 | | (6) Undergo treatment for drug addiction or |
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| 1 | | alcoholism;
| 2 | | (7) Undergo medical or psychiatric treatment;
| 3 | | (8) Work or pursue a course of study or vocational | 4 | | training;
| 5 | | (9) Attend or reside in a facility designated by the | 6 | | court;
| 7 | | (10) Support his or her dependents;
| 8 | | (11) If a minor resides with his or her parents or in a | 9 | | foster home,
attend school, attend a non-residential | 10 | | program for youths, and contribute
to his or her own | 11 | | support at home or in a foster home;
| 12 | | (12) Observe any curfew ordered by the court;
| 13 | | (13) Remain or be placed in the custody of such | 14 | | designated person or organization
agreeing to supervise | 15 | | his or her release , with or without the use of an approved | 16 | | electronic monitoring device administered by a Pretrial | 17 | | Services Agency, Probation Department, County Department | 18 | | of Corrections, or Court Services Department . Such third | 19 | | party custodian shall be
responsible for notifying the | 20 | | court if the defendant fails to observe the
conditions of | 21 | | release which the custodian has agreed to monitor, and | 22 | | shall
be subject to contempt of court for failure so to | 23 | | notify the court;
| 24 | | (14) Be placed under direct supervision of the Pretrial | 25 | | Services
Agency, Probation Department , County Department | 26 | | of Corrections, or Court Services Department in a pretrial
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| 1 | | bond home supervision capacity with or without the use of | 2 | | an approved
electronic monitoring device subject to | 3 | | Article 8A of Chapter V of the
Unified Code of Corrections;
| 4 | | (14.1) The court shall impose upon a defendant who is | 5 | | charged with any
alcohol, cannabis, methamphetamine, or | 6 | | controlled substance violation and is placed under
direct | 7 | | supervision of the Pretrial Services Agency, Probation | 8 | | Department , County Department of Corrections, or
Court | 9 | | Services Department in a pretrial bond home supervision | 10 | | capacity with
the use of an approved monitoring device, as | 11 | | a condition of such bail bond,
a fee that represents costs | 12 | | incidental to the electronic monitoring for each
day of | 13 | | such bail supervision ordered by the
court, unless after | 14 | | determining the inability of the defendant to pay the
fee, | 15 | | the court assesses a lesser fee or no fee as the case may | 16 | | be. The fee
shall be collected by the clerk of the circuit | 17 | | court. The clerk of the
circuit court shall pay all monies | 18 | | collected from this fee to the county
treasurer for deposit | 19 | | in the substance abuse services fund under Section
5-1086.1 | 20 | | of the Counties Code;
| 21 | | (14.2) The court shall impose upon all defendants, | 22 | | including those
defendants subject to paragraph (14.1) | 23 | | above, placed under direct supervision
of the Pretrial | 24 | | Services Agency, Probation Department or Court Services
| 25 | | Department in a pretrial bond home supervision capacity | 26 | | with the use of an
approved monitoring device, as a |
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| 1 | | condition of such bail bond, a fee
which shall represent | 2 | | costs incidental to such
electronic monitoring for each day | 3 | | of such bail supervision ordered by the
court, unless after | 4 | | determining the inability of the defendant to pay the fee,
| 5 | | the court assesses a lesser fee or no fee as the case may | 6 | | be. The fee shall be
collected by the clerk of the circuit | 7 | | court. The clerk of the circuit court
shall pay all monies | 8 | | collected from this fee to the county treasurer who shall
| 9 | | use the monies collected to defray the costs of | 10 | | corrections. The county
treasurer shall deposit the fee | 11 | | collected in the county working cash fund under
Section | 12 | | 6-27001 or Section 6-29002 of the Counties Code, as the | 13 | | case may
be;
| 14 | | (14.3) The Chief Judge of the Judicial Circuit may | 15 | | establish reasonable
fees to be paid by a person receiving | 16 | | pretrial services while under supervision
of a pretrial | 17 | | services agency, probation department, or court services
| 18 | | department. Reasonable fees may be charged for pretrial | 19 | | services
including, but not limited to, pretrial | 20 | | supervision, diversion programs,
electronic monitoring, | 21 | | victim impact services, drug and alcohol testing, DNA | 22 | | testing, GPS electronic monitoring, assessments and | 23 | | evaluations related to domestic violence and other | 24 | | victims, and
victim mediation services. The person | 25 | | receiving pretrial services may be
ordered to pay all costs | 26 | | incidental to pretrial services in accordance with his
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| 1 | | her ability to pay those costs;
| 2 | | (14.4) For persons charged with violating Section | 3 | | 11-501 of the Illinois
Vehicle Code, refrain from operating | 4 | | a motor vehicle not equipped with an
ignition interlock | 5 | | device, as defined in Section 1-129.1 of the Illinois
| 6 | | Vehicle Code,
pursuant to the rules promulgated by the | 7 | | Secretary of State for the
installation of ignition
| 8 | | interlock devices. Under this condition the court may allow | 9 | | a defendant who is
not
self-employed to operate a vehicle | 10 | | owned by the defendant's employer that is
not equipped with | 11 | | an ignition interlock device in the course and scope of the
| 12 | | defendant's employment;
| 13 | | (15) Comply with the terms and conditions of an order | 14 | | of protection
issued by the court under the Illinois | 15 | | Domestic Violence Act of 1986 or an
order of protection | 16 | | issued by the court of another state, tribe, or United
| 17 | | States territory;
| 18 | | (16) Under Section 110-6.5 comply with the conditions | 19 | | of the drug testing
program; and
| 20 | | (17) Such other reasonable conditions as the court may | 21 | | impose.
| 22 | | (c) When a person is charged with an offense under Section | 23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 24 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, involving a victim who is a
minor under | 26 | | 18 years of age living in the same household with the defendant
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| 1 | | at the time of the offense, in granting bail or releasing the | 2 | | defendant on
his own recognizance, the judge shall impose | 3 | | conditions to restrict the
defendant's access to the victim | 4 | | which may include, but are not limited to
conditions that he | 5 | | will:
| 6 | | 1. Vacate the Household.
| 7 | | 2. Make payment of temporary support to his dependents.
| 8 | | 3. Refrain from contact or communication with the child | 9 | | victim, except
as ordered by the court.
| 10 | | (d) When a person is charged with a criminal offense and | 11 | | the victim is
a family or household member as defined in | 12 | | Article 112A, conditions shall
be imposed at the time of the | 13 | | defendant's release on bond that restrict the
defendant's | 14 | | access to the victim.
Unless provided otherwise by the court, | 15 | | the
restrictions shall include
requirements that the defendant | 16 | | do the following:
| 17 | | (1) refrain from contact or communication with the | 18 | | victim for a
minimum period of 72 hours following the | 19 | | defendant's release; and
| 20 | | (2) refrain from entering or remaining at the victim's | 21 | | residence for a
minimum period of 72 hours following the | 22 | | defendant's release.
| 23 | | (e) Local law enforcement agencies shall develop | 24 | | standardized bond forms
for use in cases involving family or | 25 | | household members as defined in
Article 112A, including | 26 | | specific conditions of bond as provided in
subsection (d). |
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| 1 | | Failure of any law enforcement department to develop or use
| 2 | | those forms shall in no way limit the applicability and | 3 | | enforcement of
subsections (d) and (f).
| 4 | | (f) If the defendant is admitted to bail after conviction | 5 | | the
conditions of the bail bond shall be that he will, in | 6 | | addition to the
conditions set forth in subsections (a) and (b) | 7 | | hereof:
| 8 | | (1) Duly prosecute his appeal;
| 9 | | (2) Appear at such time and place as the court may | 10 | | direct;
| 11 | | (3) Not depart this State without leave of the court;
| 12 | | (4) Comply with such other reasonable conditions as the | 13 | | court may
impose; and
| 14 | | (5) If the judgment is affirmed or the cause reversed | 15 | | and remanded
for a new trial, forthwith surrender to the | 16 | | officer from whose custody
he was bailed.
| 17 | | (g) Upon a finding of guilty for any felony offense, the | 18 | | defendant shall
physically surrender, at a time and place | 19 | | designated by the court,
any and all firearms in his or her | 20 | | possession and his or her Firearm Owner's
Identification Card | 21 | | as a condition of remaining on bond pending sentencing.
| 22 | | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | 23 | | 97-401, eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. | 24 | | 1-25-13.)
| 25 | | Section 10. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-8A-3 as follows:
| 2 | | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| 3 | | Sec. 5-8A-3. Application.
| 4 | | (a) Except as provided in subsection (d), a person charged | 5 | | with
or convicted of an
excluded offense may not be placed in | 6 | | an electronic home
detention program, except for bond pending | 7 | | trial or appeal or while on parole, aftercare release,
or | 8 | | mandatory supervised release.
| 9 | | (b) A person serving a sentence for a conviction of a Class | 10 | | 1 felony,
other than an excluded offense, may be placed in an | 11 | | electronic home detention
program for a period not to exceed | 12 | | the last 90 days of incarceration.
| 13 | | (c) A person serving a sentence for a conviction
of a Class | 14 | | X felony, other than an excluded offense, may be placed
in an | 15 | | electronic home detention program for a period not to exceed | 16 | | the last 90
days of incarceration, provided that the person was | 17 | | sentenced on or after the
effective date of this amendatory Act | 18 | | of 1993 and provided that the court has
not prohibited the | 19 | | program for the person in the sentencing order.
| 20 | | (d) A person serving a sentence for conviction of an | 21 | | offense other than
for predatory criminal sexual assault of a | 22 | | child, aggravated criminal
sexual assault, criminal sexual | 23 | | assault, aggravated
criminal sexual abuse, or felony criminal | 24 | | sexual abuse, may be placed in an
electronic home detention | 25 | | program for a period not to exceed the last 12 months
of |
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| 1 | | incarceration, provided that (i) the person is 55 years of age | 2 | | or older;
(ii) the person is serving a determinate sentence; | 3 | | (iii) the person has served
at least 25% of the sentenced | 4 | | prison term; and (iv) placement in an electronic
home detention | 5 | | program is approved by the Prisoner Review Board.
| 6 | | (e) A person serving a sentence for conviction
of a Class | 7 | | 2, 3 or 4 felony offense which is not an excluded offense may | 8 | | be
placed in an
electronic home detention program pursuant to | 9 | | Department administrative
directives.
| 10 | | (f) Applications for electronic home detention
may include | 11 | | the following:
| 12 | | (1) pretrial or pre-adjudicatory detention;
| 13 | | (2) probation;
| 14 | | (3) conditional discharge;
| 15 | | (4) periodic imprisonment;
| 16 | | (5) parole, aftercare release, or mandatory supervised | 17 | | release;
| 18 | | (6) work release;
| 19 | | (7) furlough ; or
| 20 | | (8) post-trial incarceration ; or .
| 21 | | (9) as a condition of bail, as a condition of release | 22 | | on own recognizances, or in lieu of bail. | 23 | | (g) A person convicted of an offense described in clause | 24 | | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | 25 | | shall be placed in an electronic
home detention program for at | 26 | | least the first 2 years of the person's mandatory
supervised |
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| 1 | | release term.
| 2 | | (Source: P.A. 98-558, eff. 1-1-14; revised 11-12-13.)
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