Public Act 101-0138
 
HB2308 EnrolledLRB101 07213 SLF 52251 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 110-10 as follows:
 



    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)



    Sec. 110-10. Conditions of bail bond. 

    (a) If a person is released prior to conviction, either 
upon payment of
bail security or on his or her own 
recognizance, the conditions of the bail
bond shall be that he 
or she will:


        (1) Appear to answer the charge in the court having 
    jurisdiction on
a day certain and thereafter as ordered by 
    the court until discharged or
final order of the court;


        (2) Submit himself or herself to the orders and process 
    of the court;


        (3) Not depart this State without leave of the court;


        (4) Not violate any criminal statute of any 
    jurisdiction;


        (5) At a time and place designated by the court, 
    surrender all firearms
in his or her possession to a law 
    enforcement officer designated by the court
to take custody 
    of and impound the firearms
and physically
surrender his or 
    her Firearm Owner's Identification Card to the clerk of the

    circuit court
 when the offense the person has
been charged 
    with is a forcible felony, stalking, aggravated stalking, 
    domestic
battery, any violation of the Illinois Controlled 
    Substances Act, the Methamphetamine Control and Community 
    Protection Act, or the
Cannabis Control Act that is 
    classified as a Class 2 or greater felony, or any
felony 
    violation of Article 24 of the Criminal Code of 1961 or the 
    Criminal Code of 2012; the court
may,
however, forgo the 
    imposition of this condition when the
circumstances of the

    case clearly do not warrant it or when its imposition would 
    be
impractical;
if the Firearm Owner's Identification Card 
    is confiscated, the clerk of the circuit court shall mail 
    the confiscated card to the Illinois State Police; all 
    legally possessed firearms shall be returned to the person 
    upon
the charges being dismissed, or if the person is found 
    not guilty, unless the
finding of not guilty is by reason 
    of insanity; and


        (6) At a time and place designated by the court, submit 
    to a
psychological
evaluation when the person has been 
    charged with a violation of item (4) of
subsection
(a) of 
    Section 24-1 of the Criminal Code of 1961 or the Criminal 
    Code of 2012 and that violation occurred in
a school
or in 
    any conveyance owned, leased, or contracted by a school to 
    transport
students to or
from school or a school-related 
    activity, or on any public way within 1,000
feet of real

    property comprising any school.

    Psychological evaluations ordered pursuant to this Section 
shall be completed
promptly
and made available to the State, 
the defendant, and the court.  As a further
condition of bail 
under
these circumstances, the court shall order the defendant 
to refrain from
entering upon the
property of the school, 
including any conveyance owned, leased, or contracted
by a 
school to
transport students to or from school or a 
school-related activity, or on any public way within
1,000 feet 
of real property comprising any school.  Upon receipt of the 
psychological evaluation,
either the State or the defendant may 
request a change in the conditions of bail, pursuant to
Section 
110-6 of this Code.  The court may change the conditions of bail 
to include a
requirement that the defendant follow the 
recommendations of the psychological evaluation,
including 
undergoing psychiatric treatment.  The conclusions of the

psychological evaluation and
any statements elicited from the 
defendant during its administration are not
admissible as 
evidence
of guilt during the course of any trial on the charged 
offense, unless the
defendant places his or her
mental 
competency in issue.

    (b) The court may impose other conditions, such as the 
following, if the
court finds that such conditions are 
reasonably necessary to assure the
defendant's appearance in 
court, protect the public from the defendant, or
prevent the 
defendant's unlawful interference with the orderly 
administration
of justice:


        (1) Report to or appear in person before such person or 
    agency as the
court may direct;


        (2) Refrain from possessing a firearm or other 
    dangerous weapon;


        (3) Refrain from approaching or communicating with 
    particular persons or
classes of persons;


        (4) Refrain from going to certain described 
    geographical areas or
premises;


        (5) Refrain from engaging in certain activities or 
    indulging in
intoxicating liquors or in certain drugs;


        (6) Undergo treatment for drug addiction or 
    alcoholism;


        (7) Undergo medical or psychiatric treatment;


        (8) Work or pursue a course of study or vocational 
    training;


        (9) Attend or reside in a facility designated by the 
    court;


        (10) Support his or her dependents;


        (11) If a minor resides with his or her parents or in a 
    foster home,
attend school, attend a non-residential 
    program for youths, and contribute
to his or her own 
    support at home or in a foster home;


        (12) Observe any curfew ordered by the court;


        (13) Remain in the custody of such designated person or 
    organization
agreeing to supervise his release.  Such third 
    party custodian shall be
responsible for notifying the 
    court if the defendant fails to observe the
conditions of 
    release which the custodian has agreed to monitor, and 
    shall
be subject to contempt of court for failure so to 
    notify the court;


        (14) Be placed under direct supervision of the Pretrial 
    Services
Agency, Probation Department or Court Services 
    Department in a pretrial
bond home supervision capacity 
    with or without the use of an approved
electronic 
    monitoring device subject to Article 8A of Chapter V of the

    Unified Code of Corrections;


        (14.1) The court shall impose upon a defendant who is 
    charged with any
alcohol, cannabis, methamphetamine, or 
    controlled substance violation and is placed under
direct 
    supervision of the Pretrial Services Agency, Probation 
    Department or
Court Services Department in a pretrial bond 
    home supervision capacity with
the use of an approved 
    monitoring device, as a condition of such bail bond,
a fee 
    that represents costs incidental to the electronic 
    monitoring for each
day of such bail supervision ordered by 
    the
court, unless after determining the inability of the 
    defendant to pay the
fee, the court assesses a lesser fee 
    or no fee as the case may be.  The fee
shall be collected by 
    the clerk of the circuit court, except as provided in an 
    administrative order of the Chief Judge of the circuit 
    court.  The clerk of the
circuit court shall pay all monies 
    collected from this fee to the county
treasurer for deposit 
    in the substance abuse services fund under Section
5-1086.1 
    of the Counties Code, except as provided in an 
    administrative order of the Chief Judge of the circuit 
    court.
        The Chief Judge of the circuit court of the county may 
    by administrative order establish a program for electronic 
    monitoring of offenders with regard to drug-related and 
    alcohol-related offenses, in which a vendor supplies and 
    monitors the operation of the electronic monitoring 
    device, and collects the fees on behalf of the county.  The 
    program shall include provisions for indigent offenders 
    and the collection of unpaid fees. The program shall not 
    unduly burden the offender and shall be subject to review 
    by the Chief Judge.
        The Chief Judge of the circuit court may  suspend any 
    additional charges or fees for late payment, interest, or 
    damage to any device;


        (14.2) The court shall impose upon all defendants, 
    including those
defendants subject to paragraph (14.1) 
    above, placed under direct supervision
of the Pretrial 
    Services Agency, Probation Department or Court Services

    Department in a pretrial bond home supervision capacity 
    with the use of an
approved monitoring device, as a 
    condition of such bail bond, a fee
which shall represent 
    costs incidental to such
electronic monitoring for each day 
    of such bail supervision ordered by the
court, unless after 
    determining the inability of the defendant to pay the fee,

    the court assesses a lesser fee or no fee as the case may 
    be.  The fee shall be
collected by the clerk of the circuit 
    court, except as provided in an administrative order of the 
    Chief Judge of the circuit court.  The clerk of the circuit 
    court
shall pay all monies collected from this fee to the 
    county treasurer who shall
use the monies collected to 
    defray the costs of corrections.  The county
treasurer shall 
    deposit the fee collected in the county working cash fund 
    under
Section 6-27001 or Section  6-29002 of the Counties 
    Code, as the case may
be, except as provided in an 
    administrative order of the Chief Judge of the circuit 
    court.
        The Chief Judge of the circuit court of the county may 
    by administrative order establish a program for electronic 
    monitoring of offenders with regard to drug-related and 
    alcohol-related offenses, in which a vendor supplies and 
    monitors the operation of the electronic monitoring 
    device, and collects the fees on behalf of the county.  The 
    program shall include provisions for indigent offenders 
    and the collection of unpaid fees. The program shall not 
    unduly burden the offender and shall be subject to review 
    by the Chief Judge.
        The Chief Judge of the circuit court may  suspend any 
    additional charges or fees for late payment, interest, or 
    damage to any device;


        (14.3) The Chief Judge of the Judicial Circuit may 
    establish reasonable
fees to be paid by a person receiving 
    pretrial services while under supervision
of a pretrial 
    services agency, probation department, or court services

    department. Reasonable fees may be charged for pretrial 
    services
including, but not limited to, pretrial 
    supervision, diversion programs,
electronic monitoring, 
    victim impact services, drug and alcohol testing, DNA 
    testing, GPS electronic monitoring, assessments and 
    evaluations related to domestic violence and other 
    victims, and
victim mediation services.  The person 
    receiving pretrial services may be
ordered to pay all costs 
    incidental to pretrial services in accordance with his
or 
    her ability to pay those costs;


        (14.4) For persons charged with violating Section 
    11-501 of the Illinois
Vehicle Code, refrain from operating 
    a motor vehicle not equipped with an
ignition interlock 
    device, as defined in Section 1-129.1 of the Illinois

    Vehicle Code,
pursuant to the rules promulgated by the 
    Secretary of State for the
installation of ignition

    interlock devices.  Under this condition the court may allow 
    a defendant who is
not
self-employed to operate a vehicle 
    owned by the defendant's employer that is
not equipped with 
    an ignition interlock device in the course and scope of the

    defendant's employment;


        (15) Comply with the terms and conditions of an order 
    of protection
issued by the court under the Illinois 
    Domestic Violence Act of 1986 or an
order of protection 
    issued by the court of another state, tribe, or United

    States territory;


        (16) Under Section 110-6.5 comply with the conditions 
    of the drug testing
program; and


        (17) Such other reasonable conditions as the court may 
    impose.

    (c) When a person is charged with an offense under Section 
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
Criminal Code of 2012, involving a victim who is a
minor under 
18 years of age living in the same household with the defendant

at the time of the offense, in granting bail or releasing the 
defendant on
his own recognizance, the judge shall impose 
conditions to restrict the
defendant's access to the victim 
which may include, but are not limited to
conditions that he 
will:


        1. Vacate the household.


        2. Make payment of temporary support to his dependents.


        3. Refrain from contact or communication with the child 
    victim, except
as ordered by the court.

    (d) When a person is charged with a criminal offense and 
the victim is
a family or household member as defined in 
Article 112A, conditions shall
be imposed at the time of the 
defendant's release on bond that restrict the
defendant's 
access to the victim.
Unless provided otherwise by the court, 
the
restrictions shall include
requirements that the defendant 
do the following:


        (1) refrain from contact or communication with the 
    victim for a
minimum period of 72 hours following the 
    defendant's release; and


        (2) refrain from entering or remaining at the victim's 
    residence for a
minimum period of 72 hours following the 
    defendant's release.

    (e) Local law enforcement agencies shall develop 
standardized bond forms
for use in cases involving family or 
household members as defined in
Article 112A, including 
specific conditions of bond as provided in
subsection (d).  
Failure of any law enforcement department to develop or use

those forms shall in no way limit the applicability and 
enforcement of
subsections (d) and (f).

    (f) If the defendant is admitted to bail after conviction 
the
conditions of the bail bond shall be that he will, in 
addition to the
conditions set forth in subsections (a) and (b) 
hereof:


        (1) Duly prosecute his appeal;


        (2) Appear at such time and place as the court may 
    direct;


        (3) Not depart this State without leave of the court;


        (4) Comply with such other reasonable conditions as the 
    court may
impose; and


        (5) If the judgment is affirmed or the cause reversed 
    and remanded
for a new trial, forthwith surrender to the 
    officer from whose custody
he was bailed.

    (g) Upon a finding of guilty for any felony offense, the 
defendant shall
physically surrender, at a time and place 
designated by the court,
any and all firearms in his or her 
possession and his or her Firearm Owner's
Identification Card 
as a condition of remaining on bond pending sentencing.

    (h) In the event the defendant is unable to post bond, the 
court may impose a no contact provision with the victim or 
other interested party that shall be  enforced while the 
defendant remains in custody. 
(Source: P.A. 99-797, eff. 8-12-16.)

  


Effective Date:  1/1/2020