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91_HB2098
LRB9104025RCks
1 AN ACT in relation to probation and pretrial services
2 fees.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-305 as follows:
7 (705 ILCS 405/5-305)
8 Sec. 5-305. Probation adjustment.
9 (1) The court may authorize the probation officer to
10 confer in a preliminary conference with a minor who is
11 alleged to have committed an offense, his or her parent,
12 guardian or legal custodian, the victim, the juvenile police
13 officer, the State's Attorney, and other interested persons
14 concerning the advisability of filing a petition under
15 Section 5-520, with a view to adjusting suitable cases
16 without the filing of a petition as provided for in this
17 Article, the probation officer should schedule a conference
18 promptly except when the State's Attorney insists on court
19 action or when the minor has indicated that he or she will
20 demand a judicial hearing and will not comply with a
21 probation adjustment.
22 (1-b) In any case of a minor who is in custody, the
23 holding of a probation adjustment conference does not operate
24 to prolong temporary custody beyond the period permitted by
25 Section 5-415.
26 (2) This Section does not authorize any probation
27 officer to compel any person to appear at any conference,
28 produce any papers, or visit any place.
29 (3) No statement made during a preliminary conference in
30 regard to the offense that is the subject of the conference
31 may be admitted into evidence at an adjudicatory hearing or
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1 at any proceeding against the minor under the criminal laws
2 of this State prior to his or her conviction under those
3 laws.
4 (4) When a probation adjustment is appropriate, the
5 probation officer shall promptly formulate a written,
6 non-judicial adjustment plan following the initial
7 conference.
8 (5) Non-judicial probation adjustment plans include but
9 are not limited to the following:
10 (a) up to 6 months informal supervision within the
11 family;
12 (b) up to 12 months informal supervision with a
13 probation officer involved which may include any
14 conditions of probation provided in Section 5-715;
15 (c) up to 6 months informal supervision with
16 release to a person other than a parent;
17 (d) referral to special educational, counseling, or
18 other rehabilitative social or educational programs;
19 (e) referral to residential treatment programs;
20 (f) participation in a public or community service
21 program or activity; and
22 (g) any other appropriate action with the consent
23 of the minor and a parent.
24 (6) The factors to be considered by the probation
25 officer in formulating a non-judicial probation adjustment
26 plan shall be the same as those limited in subsection (4) of
27 Section 5-405.
28 (7) Beginning January 1, 2000, the probation officer
29 who imposes a probation adjustment plan shall assure that
30 information about an offense which would constitute a felony
31 if committed by an adult, and may assure that information
32 about a misdemeanor offense, is transmitted to the Department
33 of State Police.
34 (Source: P.A. 90-590, eff. 1-1-99.)
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1 Section 10. The Code of Criminal Procedure of 1963 is
2 amended by changing Section 110-10 as follows:
3 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
4 Sec. 110-10. Conditions of bail bond.
5 (a) If a person is released prior to conviction, either
6 upon payment of bail security or on his or her own
7 recognizance, the conditions of the bail bond shall be that
8 he or she will:
9 (1) Appear to answer the charge in the court having
10 jurisdiction on a day certain and thereafter as ordered
11 by the court until discharged or final order of the
12 court;
13 (2) Submit himself or herself to the orders and
14 process of the court;
15 (3) Not depart this State without leave of the
16 court;
17 (4) Not violate any criminal statute of any
18 jurisdiction; and
19 (5) At a time and place designated by the court,
20 surrender all firearms in his or her possession to a law
21 enforcement officer designated by the court to take
22 custody of and impound the firearms when the offense the
23 person has been charged with is a forcible felony,
24 stalking, aggravated stalking, domestic battery, any
25 violation of either the Illinois Controlled Substances
26 Act or the Cannabis Control Act that is classified as a
27 Class 2 or greater felony, or any felony violation of
28 Article 24 of the Criminal Code of 1961. The court may,
29 however, forego the imposition of this condition when the
30 circumstances of the case clearly do not warrant it or
31 when its imposition would be impractical. All legally
32 possessed firearms shall be returned to the person upon
33 that person completing a sentence for a conviction on a
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1 misdemeanor domestic battery, upon the charges being
2 dismissed, or if the person is found not guilty, unless
3 the finding of not guilty is by reason of insanity.
4 (b) The court may impose other conditions, such as the
5 following, if the court finds that such conditions are
6 reasonably necessary to assure the defendant's appearance in
7 court, protect the public from the defendant, or prevent the
8 defendant's unlawful interference with the orderly
9 administration of justice:
10 (1) Report to or appear in person before such
11 person or agency as the court may direct;
12 (2) Refrain from possessing a firearm or other
13 dangerous weapon;
14 (3) Refrain from approaching or communicating with
15 particular persons or classes of persons;
16 (4) Refrain from going to certain described
17 geographical areas or premises;
18 (5) Refrain from engaging in certain activities or
19 indulging in intoxicating liquors or in certain drugs;
20 (6) Undergo treatment for drug addiction or
21 alcoholism;
22 (7) Undergo medical or psychiatric treatment;
23 (8) Work or pursue a course of study or vocational
24 training;
25 (9) Attend or reside in a facility designated by
26 the court;
27 (10) Support his or her dependents;
28 (11) If a minor resides with his or her parents or
29 in a foster home, attend school, attend a non-residential
30 program for youths, and contribute to his or her own
31 support at home or in a foster home;
32 (12) Observe any curfew ordered by the court;
33 (13) Remain in the custody of such designated
34 person or organization agreeing to supervise his release.
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1 Such third party custodian shall be responsible for
2 notifying the court if the defendant fails to observe the
3 conditions of release which the custodian has agreed to
4 monitor, and shall be subject to contempt of court for
5 failure so to notify the court;
6 (14) Be placed under direct supervision of the
7 Pretrial Services Agency, Probation Department or Court
8 Services Department in a pretrial bond home supervision
9 capacity with or without the use of an approved
10 electronic monitoring device subject to Article 8A of
11 Chapter V of the Unified Code of Corrections; or
12 (14.1) The court shall impose upon a defendant who
13 is charged with any alcohol, cannabis or controlled
14 substance violation and is placed under direct
15 supervision of the Pretrial Services Agency, Probation
16 Department or Court Services Department in a pretrial
17 bond home supervision capacity with the use of an
18 approved monitoring device, as a condition of such bail
19 bond, a fee not to exceed $5 for each day of such bail
20 supervision ordered by the court, unless after
21 determining the inability of the defendant to pay the
22 fee, the court assesses a lesser fee or no fee as the
23 case may be. The fee shall be collected by the clerk of
24 the circuit court. The clerk of the circuit court shall
25 pay all monies collected from this fee to the county
26 treasurer for deposit in the substance abuse services
27 fund under Section 5-1086.1 of the Counties Code;
28 (14.2) The court shall impose upon all defendants,
29 including those defendants subject to paragraph (14.1)
30 above, placed under direct supervision of the Pretrial
31 Services Agency, Probation Department or Court Services
32 Department in a pretrial bond home supervision capacity
33 with the use of an approved monitoring device, as a
34 condition of such bail bond, a fee which shall represent
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1 costs incidental to such electronic monitoring for each
2 day of such bail supervision ordered by the court, unless
3 after determining the inability of the defendant to pay
4 the fee, the court assesses a lesser fee or no fee as the
5 case may be. The fee shall be collected by the clerk of
6 the circuit court. The clerk of the circuit court shall
7 pay all monies collected from this fee to the county
8 treasurer who shall use the monies collected to defray
9 the costs of corrections. The county treasurer shall
10 deposit the fee collected in the county working cash fund
11 under Section 6-27001 or Section 6-29002 of the Counties
12 Code, as the case may be;
13 (14.3) The Chief Judge of the Judicial Circuit may
14 establish reasonable fees to be paid by a person
15 receiving pretrial services while under supervision of a
16 pretrial services agency, probation department, or court
17 services department. Reasonable fees may be charged for
18 pretrial services including, but not limited to, pretrial
19 supervision, diversion programs, electronic monitoring,
20 victim impact services, drug and alcohol testing, and
21 victim mediation services. The person receiving pretrial
22 services may be ordered to pay all costs incidental to
23 pretrial services in accordance with his or her ability
24 to pay those costs.
25 (15) Comply with the terms and conditions of an
26 order of protection issued by the court under the
27 Illinois Domestic Violence Act of 1986;
28 (16) Under Section 110-6.5 comply with the
29 conditions of the drug testing program; and
30 (17) Such other reasonable conditions as the court
31 may impose.
32 (c) When a person is charged with an offense under
33 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
34 "Criminal Code of 1961", involving a victim who is a minor
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1 under 18 years of age living in the same household with the
2 defendant at the time of the offense, in granting bail or
3 releasing the defendant on his own recognizance, the judge
4 shall impose conditions to restrict the defendant's access to
5 the victim which may include, but are not limited to
6 conditions that he will:
7 1. Vacate the Household.
8 2. Make payment of temporary support to his
9 dependents.
10 3. Refrain from contact or communication with the
11 child victim, except as ordered by the court.
12 (d) When a person is charged with a criminal offense and
13 the victim is a family or household member as defined in
14 Article 112A, conditions shall be imposed at the time of the
15 defendant's release on bond that restrict the defendant's
16 access to the victim. Unless provided otherwise by the court,
17 the restrictions shall include requirements that the
18 defendant do the following:
19 (1) refrain from contact or communication with the
20 victim for a minimum period of 72 hours following the
21 defendant's release; and
22 (2) refrain from entering or remaining at the
23 victim's residence for a minimum period of 72 hours
24 following the defendant's release.
25 (e) Local law enforcement agencies shall develop
26 standardized bond forms for use in cases involving family or
27 household members as defined in Article 112A, including
28 specific conditions of bond as provided in subsection (d).
29 Failure of any law enforcement department to develop or use
30 those forms shall in no way limit the applicability and
31 enforcement of subsections (d) and (f).
32 (f) If the defendant is admitted to bail after
33 conviction the conditions of the bail bond shall be that he
34 will, in addition to the conditions set forth in subsections
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1 (a) and (b) hereof:
2 (1) Duly prosecute his appeal;
3 (2) Appear at such time and place as the court may
4 direct;
5 (3) Not depart this State without leave of the
6 court;
7 (4) Comply with such other reasonable conditions as
8 the court may impose; and,
9 (5) If the judgment is affirmed or the cause
10 reversed and remanded for a new trial, forthwith
11 surrender to the officer from whose custody he was
12 bailed.
13 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
14 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
15 Section 15. The Probation and Probation Officers Act is
16 amended by changing Section 15.1 as follows:
17 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
18 Sec. 15.1. Probation and Court Services Fund.
19 (a) The county treasurer in each county shall establish
20 a probation and court services fund consisting of fees
21 collected pursuant to subsection (i) of Section 5-6-3 and
22 subsection (i) of Section 5-6-3.1 of the Unified Code of
23 Corrections, and subsection (10) of Section 5-615 and
24 subsection (5) of Section 5-715 of the Juvenile Court Act of
25 1987, and paragraph 14.3 of subsection (b) of Section 110-10
26 of the Code of Criminal Procedure of 1963. The county
27 treasurer shall disburse monies from the fund only at the
28 direction of the chief judge of the circuit court in such
29 circuit where the county is located. The county treasurer of
30 each county shall, on or before January 10 of each year,
31 submit an annual report to the Supreme Court.
32 (b) Monies in the probation and court services fund
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1 shall be appropriated by the county board to be used within
2 the county or jurisdiction where collected in accordance with
3 policies and guidelines approved by the Supreme Court for the
4 costs of operating the probation and court services
5 department or departments; however, monies in the probation
6 and court services fund shall not be used for the payment of
7 salaries of probation and court services personnel.
8 (c) Monies expended from the probation and court
9 services fund shall be used to supplement, not supplant,
10 county appropriations for probation and court services.
11 (d) Interest earned on monies deposited in a probation
12 and court services fund may be used by the county for its
13 ordinary and contingent expenditures.
14 (e) The county board may appropriate moneys from the
15 probation and court services fund, upon the direction of the
16 chief judge, to support programs that are part of the
17 continuum of juvenile delinquency intervention programs which
18 are or may be developed within the county. The grants from
19 the probation and court services fund shall be for no more
20 than one year and may be used for any expenses attributable
21 to the program including administration and oversight of the
22 program by the probation department.
23 (Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)