| |||||||
| |||||||
| |||||||
| 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 State Appellate Defender Act is amended by | ||||||
| 5 | adding Sections 12, 13, and 14 as follows: | ||||||
| 6 | (725 ILCS 105/12 new) | ||||||
| 7 | Sec. 12. Public Defender Bail Reform Grant Program. | ||||||
| 8 | (a) There is hereby created a Public Defender Bail Reform | ||||||
| 9 | Grant Program. The purpose of this grant program is to assist | ||||||
| 10 | county public defenders in implementing Section 109-1 of the | ||||||
| 11 | Code of Criminal Procedure of 1963 which requires counsel at | ||||||
| 12 | bail hearings. | ||||||
| 13 | (b) The Public Defender Bail Reform Grant Program is to be | ||||||
| 14 | administered by the State Appellate Defender, under the | ||||||
| 15 | direction of the Commission. The State Appellate Defender is | ||||||
| 16 | also required to seek recommendations on administering this | ||||||
| 17 | grant program from the Illinois Supreme Court Pretrial | ||||||
| 18 | Commission on Pretrial Practices. | ||||||
| 19 | (c) The State Appellate Defender shall request funds for | ||||||
| 20 | this grant program within its annual appropriation. The State | ||||||
| 21 | Appellate Defender may also seek contributions and grants to | ||||||
| 22 | supplement all State funds appropriated for this grant program. | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 105/13 new) | ||||||
| 2 | Sec. 13. Grant program; eligibility. | ||||||
| 3 | (a) As of January 1, 2019, any county that does not employ | ||||||
| 4 | a full-time public defender is eligible to apply for a grant | ||||||
| 5 | under the Public Defender Bail Reform Grant Program. The | ||||||
| 6 | Commission may also establish a county population threshold for | ||||||
| 7 | grant eligibility. | ||||||
| 8 | (b) The application for the grant shall be made by the | ||||||
| 9 | Chief Judge of the Circuit in which the county is located. The | ||||||
| 10 | Chief Judge shall administer the grant. Any group of eligible | ||||||
| 11 | counties within the same Circuit Court may jointly apply for a | ||||||
| 12 | grant under the Public Defender Bail Reform Grant Program. | ||||||
| 13 | (725 ILCS 105/14 new) | ||||||
| 14 | Sec. 14. Public Defender Bail Reform Grant Program | ||||||
| 15 | Administration. | ||||||
| 16 | (a) The State Appellate Defender shall have the authority | ||||||
| 17 | to adopt rules for the administration of the Public Defender | ||||||
| 18 | Bail Reform Grant Program. The rules shall be in effect after | ||||||
| 19 | the rules are approved by the Supreme Court. | ||||||
| 20 | (b) The State Appellate Defender shall publish grant | ||||||
| 21 | guidelines, rules, and grant application forms on the agency's | ||||||
| 22 | website. | ||||||
| 23 | (c) The State Appellate Defender may work with any law | ||||||
| 24 | school to establish internship programs for the training of law | ||||||
| 25 | students in representing individuals in bail hearings. The | ||||||
| |||||||
| |||||||
| 1 | State Appellate Defender may also seek permission from the | ||||||
| 2 | Supreme Court to utilize law students with a provisional | ||||||
| 3 | license to practice law in representing individuals in eligible | ||||||
| 4 | counties.
| ||||||
| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
| ||||||