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`

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 or

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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.)