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90_HB3327
725 ILCS 5/110-10 from Ch. 38, par. 110-10
Amends the Code of Criminal Procedure of 1963. Increases
the maximum fee from $5 per day to $25 per day that may be
charged a defendant who is charged with an alcohol, cannabis,
or controlled substance violation and who is placed in a
pretrial bond home supervision capacity with the use of an
approved monitoring device, as a condition of bail bond.
LRB9009924RCcd
LRB9009924RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-10 as follows:
7 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
8 Sec. 110-10. Conditions of bail bond.
9 (a) If a person is released prior to conviction, either
10 upon payment of bail security or on his or her own
11 recognizance, the conditions of the bail bond shall be that
12 he or she will:
13 (1) Appear to answer the charge in the court having
14 jurisdiction on a day certain and thereafter as ordered
15 by the court until discharged or final order of the
16 court;
17 (2) Submit himself or herself to the orders and
18 process of the court;
19 (3) Not depart this State without leave of the
20 court;
21 (4) Not violate any criminal statute of any
22 jurisdiction; and
23 (5) At a time and place designated by the court,
24 surrender all firearms in his or her possession to a law
25 enforcement officer designated by the court to take
26 custody of and impound the firearms when the offense the
27 person has been charged with is a forcible felony,
28 stalking, aggravated stalking, domestic battery, any
29 violation of either the Illinois Controlled Substances
30 Act or the Cannabis Control Act that is classified as a
31 Class 2 or greater felony, or any felony violation of
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1 Article 24 of the Criminal Code of 1961. The court may,
2 however, forego the imposition of this condition when the
3 circumstances of the case clearly do not warrant it or
4 when its imposition would be impractical. All legally
5 possessed firearms shall be returned to the person upon
6 that person completing a sentence for a conviction on a
7 misdemeanor domestic battery, upon the charges being
8 dismissed, or if the person is found not guilty, unless
9 the finding of not guilty is by reason of insanity.
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
17 person or 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
27 alcoholism;
28 (7) Undergo medical or psychiatric treatment;
29 (8) Work or pursue a course of study or vocational
30 training;
31 (9) Attend or reside in a facility designated by
32 the court;
33 (10) Support his or her dependents;
34 (11) If a minor resides with his or her parents or
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1 in a foster home, attend school, attend a non-residential
2 program for youths, and contribute to his or her own
3 support at home or in a foster home;
4 (12) Observe any curfew ordered by the court;
5 (13) Remain in the custody of such designated
6 person or organization agreeing to supervise his release.
7 Such third party custodian shall be responsible for
8 notifying the court if the defendant fails to observe the
9 conditions of release which the custodian has agreed to
10 monitor, and shall be subject to contempt of court for
11 failure so to notify the court;
12 (14) Be placed under direct supervision of the
13 Pretrial Services Agency, Probation Department or Court
14 Services Department in a pretrial bond home supervision
15 capacity with or without the use of an approved
16 electronic monitoring device subject to Article 8A of
17 Chapter V of the Unified Code of Corrections; or
18 (14.1) The court shall impose upon a defendant who
19 is charged with any alcohol, cannabis or controlled
20 substance violation and is placed under direct
21 supervision of the Pretrial Services Agency, Probation
22 Department or Court Services Department in a pretrial
23 bond home supervision capacity with the use of an
24 approved monitoring device, as a condition of such bail
25 bond, a fee not to exceed $25 $5 for each day of such
26 bail supervision ordered by the court, unless after
27 determining the inability of the defendant to pay the
28 fee, the court assesses a lesser fee or no fee as the
29 case may be. The fee shall be collected by the clerk of
30 the circuit court. The clerk of the circuit court shall
31 pay all monies collected from this fee to the county
32 treasurer for deposit in the substance abuse services
33 fund under Section 5-1086.1 of the Counties Code;
34 (14.2) The court shall impose upon all defendants,
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1 including those defendants subject to paragraph (14.1)
2 above, placed under direct supervision of the Pretrial
3 Services Agency, Probation Department or Court Services
4 Department in a pretrial bond home supervision capacity
5 with the use of an approved monitoring device, as a
6 condition of such bail bond, a fee which shall represent
7 costs incidental to such electronic monitoring for each
8 day of such bail supervision ordered by the court, unless
9 after determining the inability of the defendant to pay
10 the fee, the court assesses a lesser fee or no fee as the
11 case may be. The fee shall be collected by the clerk of
12 the circuit court. The clerk of the circuit court shall
13 pay all monies collected from this fee to the county
14 treasurer who shall use the monies collected to defray
15 the costs of corrections. The county treasurer shall
16 deposit the fee collected in the county working cash fund
17 under Section 6-27001 or Section 6-29002 of the Counties
18 Code, as the case may be;
19 (15) Comply with the terms and conditions of an
20 order of protection issued by the court under the
21 Illinois Domestic Violence Act of 1986;
22 (16) Under Section 110-6.5 comply with the
23 conditions of the drug testing program; and
24 (17) Such other reasonable conditions as the court
25 may impose.
26 (c) When a person is charged with an offense under
27 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
28 "Criminal Code of 1961", involving a victim who is a minor
29 under 18 years of age living in the same household with the
30 defendant at the time of the offense, in granting bail or
31 releasing the defendant on his own recognizance, the judge
32 shall impose conditions to restrict the defendant's access to
33 the victim which may include, but are not limited to
34 conditions that he will:
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1 1. Vacate the Household.
2 2. Make payment of temporary support to his
3 dependents.
4 3. Refrain from contact or communication with the
5 child victim, except as ordered by the court.
6 (d) When a person is charged with a criminal offense and
7 the victim is a family or household member as defined in
8 Article 112A, conditions shall be imposed at the time of the
9 defendant's release on bond that restrict the defendant's
10 access to the victim. Unless provided otherwise by the court,
11 the restrictions shall include requirements that the
12 defendant do the following:
13 (1) refrain from contact or communication with the
14 victim for a minimum period of 72 hours following the
15 defendant's release; and
16 (2) refrain from entering or remaining at the
17 victim's residence for a minimum period of 72 hours
18 following the defendant's release.
19 (e) Local law enforcement agencies shall develop
20 standardized bond forms for use in cases involving family or
21 household members as defined in Article 112A, including
22 specific conditions of bond as provided in subsection (d).
23 Failure of any law enforcement department to develop or use
24 those forms shall in no way limit the applicability and
25 enforcement of subsections (d) and (f).
26 (f) If the defendant is admitted to bail after
27 conviction the conditions of the bail bond shall be that he
28 will, in addition to the conditions set forth in subsections
29 (a) and (b) hereof:
30 (1) Duly prosecute his appeal;
31 (2) Appear at such time and place as the court may
32 direct;
33 (3) Not depart this State without leave of the
34 court;
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1 (4) Comply with such other reasonable conditions as
2 the court may impose; and,
3 (5) If the judgment is affirmed or the cause
4 reversed and remanded for a new trial, forthwith
5 surrender to the officer from whose custody he was
6 bailed.
7 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)