Illinois General Assembly - Full Text of Public Act 099-0436
Illinois General Assembly

Previous General Assemblies

Public Act 099-0436


 

Public Act 0436 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0436
 
SB0202 EnrolledLRB099 03372 RLC 23380 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Accelerated Resolution Court Act.
 
    Section 5. Accelerated Resolution Court pilot program. The
Accelerated Resolution Court pilot program is hereby created in
Cook County. Under this pilot program, the Cook County Sheriff
or his or her designee, acting in his or her official capacity
as Director of the Cook County Department of Corrections with
the approval of the Cook County State's Attorney, may refer
eligible defendants to the Accelerated Resolution Court
provided that notice is given to the prosecuting State's
Attorney, the defendant's counsel of record, and the Presiding
Judge of the Criminal Division of the Circuit Court of Cook
County.
 
    Section 10. Eligibility.
    (a) To be eligible for the program the defendant must be:
        (1) in the custody of the Cook County Department of
    Corrections 72 hours after bond has been set;
        (2) unable to post bond or ineligible to be placed on
    electronic monitoring due to homelessness or a lack of a
    sufficient host site approved by the Sheriff; and
        (3) charged with:
            (A) retail theft of property the full retail value
        of which does not exceed $300 under Section 16-25 of
        the Criminal Code of 2012;
            (B) criminal trespass to real property under
        Section 21-3 of the Criminal Code of 2012; or
            (C) criminal trespass to State supported land
        under Section 21-5 of the Criminal Code of 2012.
    (b) A defendant shall be excluded from the program if the
defendant has been convicted of, or adjudicated delinquent for,
a crime of violence in the past 10 years excluding
incarceration time, including, but not limited to, first degree
murder, second degree murder, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual assault, armed robbery, aggravated arson,
arson, aggravated kidnaping, kidnapping, aggravated battery
resulting in great bodily harm or permanent disability,
aggravated stalking, stalking, or any offense involving the
discharge of a firearm.
 
    Section 15. Procedure.
    (a) Once referred to the Accelerated Resolution Court by
the Cook County Sheriff or his or her designee, written notice
shall be given by the Sheriff to the prosecuting State's
Attorney, the defendant's counsel of record, and the Presiding
Judge of the Criminal Division of the Circuit Court of Cook
County. Proof of the notice shall be filed with the Clerk of
the Circuit Court of Cook County. Any referred case shall be
adjudicated within 30 days of the date of assignment by the
presiding judge, excluding any delay occasioned by the
defendant.
    (b) If a case within the Accelerated Resolution Court is
not resolved within 30 days of the date of assignment by the
presiding judge, the time period provided in subsection (a),
then the defendant shall be released from custody on his or her
own recognizance or released on electronic monitoring. Any
person released under this Section must agree to the terms and
conditions of release provided by the court.
    (c) Nothing in this Act shall be construed as prohibiting a
defendant from requesting a continuance. Any continuance
granted on behalf of the defendant shall toll the 30-day
requirement of this Act. Lack of participation by the victim or
other continuances required on behalf of the State do not toll
the 30-day requirement of this Act.
    (d) If a person is released on his or her own recognizance,
the conditions of the release shall be that he or she shall:
        (1) appear to answer the charge in the court having
    jurisdiction on a day certain and thereafter 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 as required under paragraph (5) of
    subsection (a) of Section 110-10 of the Code of Criminal
    Procedure of 1963; and
        (6) file written notice with the clerk of the court
    before which the proceeding is pending of any change in his
    or her address within 24 hours after the change. The
    address of a defendant who has been released on his or her
    own recognizance shall at all times remain a matter of
    public record with the clerk of the court.
    (e) If the court finds that additional 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, the court may require the defendant
to:
        (1) refrain from going to certain described
    geographical areas or premises;
        (2) refrain from engaging in certain activities or
    indulging in intoxicating liquors or in certain drugs;
        (3) undergo mental health treatment or treatment for
    drug addiction or alcoholism;
        (4) attend or reside in a facility designated by the
    court; or
        (5) comply with other reasonable conditions as the
    court may impose.
    (f) A failure to appear as required by the recognizance
shall constitute an offense subject to the penalty provided in
Section 32-10 of the Criminal Code of 2012 for violation of
bail bond.
    (g) The State may object to the referral of a case under
Section 15 by providing written notice to the Cook County
Sheriff's Office and the Office of the Public Defender.
    (h) The State may object to any order permitting release by
personal recognizance or electronic monitoring.
 
    Section 20. Repeal. This Act is repealed on June 30, 2017.
 
    Section 99. Effective date. This Act takes effect July 1,
2015.

Effective Date: 8/21/2015