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(725 ILCS 5/110-6.3)
(from Ch. 38, par. 110-6.3)
(Section scheduled to be repealed on January 1, 2023)
Denial of bail in stalking and aggravated stalking
(a) Upon verified petition by the State, the court shall hold a
hearing to determine whether bail should be denied to a defendant who is
stalking or aggravated stalking, when it is alleged that the defendant's
admission to bail poses a real and present threat to the physical safety of
the alleged victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of the threat
upon which the charge is based.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or within 21 calendar days, except as provided in Section 110-6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while the petition is pending before the court, the defendant if previously released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance. A continuance on motion of the defendant may not exceed 5 calendar days, and the defendant may be held in custody during the continuance. A continuance on the motion of the State may not exceed 3 calendar days; however, the defendant may be held in custody during the continuance under this provision if the defendant has been previously found to have violated an order of protection or has been previously convicted of, or granted court supervision for, any of the offenses set forth in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, against the same person as the alleged victim of the stalking or aggravated stalking offense.
(b) The court may deny bail to the defendant when, after the hearing, it
is determined that:
(1) the proof is evident or the presumption great
that the defendant has committed the offense of stalking or aggravated stalking; and
(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense; and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the threat upon which the charge is based; and
(4) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section 110-10 of this Code, including mental health treatment at a community mental health center, hospital, or facility of the Department of Human Services, can reasonably assure the physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of proffer based upon reliable information offered by the State or by defendant. Defendant has the right to be represented by counsel, and if he is indigent, to have counsel appointed for him. Defendant shall have the opportunity to testify, to present witnesses in his own behalf, and to cross-examine witnesses if any are called by the State. The defendant has the right to present witnesses in his favor. When the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness. Cross-examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well-being of the witness. The pretrial detention hearing is not to be used for the purposes of discovery, and the post arraignment rules of discovery do not apply. The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State. The rules concerning the admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. At the trial concerning the offense for which the hearing was conducted neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress
evidence or to suppress a confession shall not be entertained. Evidence that proof may have been obtained as the result of an unlawful search and seizure or through improper interrogation is not relevant to this state of the prosecution.
(2) The facts relied upon by the court to support a
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the threat upon which the charge is based;
shall be supported by clear and convincing evidence
(d) Factors to be considered in making a determination of the threat to
the alleged victim of the offense.
The court may, in determining whether the defendant poses, at the time of
the hearing, a real and
present threat to the physical safety of the alleged victim of the offense,
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
(2) The history and characteristics of the defendant
(A) Any evidence of the defendant's prior
criminal history indicative of violent, abusive or assaultive behavior, or lack of that behavior. The evidence may include testimony or documents received in juvenile proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's
psychological, psychiatric or other similar social history that tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
(3) The nature of the threat which is the basis of
the charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or
any other offense or arrest, the defendant was on probation, parole, aftercare release, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of that behavior.
(e) The court shall, in any order denying bail to a person charged with
stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court proceedings.
(f) If the court enters an order for the detention of the defendant
under subsection (e) of this Section, the defendant shall be brought to
trial on the offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant is not
brought to trial within the 90 day period required by this subsection (f),
he shall not be held longer without bail. In computing the 90 day period,
the court shall omit any period of delay resulting from a continuance
granted at the request of the defendant.
The court shall immediately notify the alleged victim of the offense that the defendant
has been admitted to bail under this subsection.
(g) Any person shall be entitled to appeal any
order entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this Section denying any
motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21.)