HB3750 102ND GENERAL ASSEMBLY

LRB102 15796 KMF 21163 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3750

Introduced 2/22/2021, by Rep. Jehan Gordon-Booth

SYNOPSIS AS INTRODUCED:

20 ILCS 3930/7.7 new
20 ILCS 3930/7.8 new
55 ILCS 5/3-6041 new
55 ILCS 5/3-6042 new
55 ILCS 5/3-6403 new
705 ILCS 105/30 new
705 ILCS 105/31 new

Amends the Illinois Criminal Justice Information Act. Requires the Authority to produce a monthly Pretrial Order Report, Pretrial Bail Proceeds Report, and Pretrial Custody and Release Report. Specifies requirements for these reports. Provides that the Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted. Amends the Counties Code and the Clerk of Courts Act to require certain reporting requirements. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning pretrial reporting.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Criminal Justice Information Act is amended by adding Sections 7.7 and 7.8 as follows:

(20 ILCS 3930/7.7 new)

Sec. 7.7. Pretrial Order Report.

(a) The Authority shall produce a monthly Pretrial Order Report for the circuit court of each county with aggregated data about the initial pretrial release hearings completed in each county within the previous month. The Authority shall collect the data needed for the Report and shall provide a data submission form for the clerks of the circuit courts and the sheriffs of each county to use for their submissions.

(b) The Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted.

(c) The monthly Pretrial Order Report for the circuit court of each county shall include the total number of initial pretrial bond hearings conducted in that county, and of those hearings:

(1) The number of hearings in which the court ordered release on personal recognizance. Of the number of hearings in which the court ordered release on personal recognizance, the Report shall include the following:

(A) the number of hearings in which the court ordered release on personal recognizance without any of the other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(B) the number of hearings in which the court ordered release on personal recognizance with any other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(C) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (12) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(D) the number of hearings in which the court ordered release on personal recognizance with the condition of electronic monitoring;

(E) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (14) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963 or a sheriff's office; and

(F) the number of hearings in which the court ordered release on personal recognizance with the condition under paragraph (16) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963.

(2) The number of bond hearings in which the court ordered the posting of monetary bail secured by 10% of the bail amount. For such cases, the Report shall include:

(A) a breakdown of the dollar amount of the monetary bail orders by mean, median, 25th percentile, and 75th percentile;

(B) the number of hearings in which the court ordered the posting of monetary bail without any of the other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(C) the number of hearings in which the court ordered the posting on monetary bail with any of the other conditions under subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(D) the number of hearings in which the court ordered the posting of monetary bail with the condition under paragraph (12) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(E) the number of hearings in which the court ordered the posting of monetary bail with the condition of electronic monitoring under paragraph (13) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(F) the number of hearings in which the court ordered the posting of monetary bail with the condition of electronic monitoring under paragraph (14) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963 or a sheriff's office;

(G) the number of hearings in which the court ordered the posting of monetary bail with the condition under paragraph (16) of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963;

(H) the number of hearings in which the court ordered the posting of monetary bail to secure release from electronic monitoring.

(3) The number of hearings in which the court ordered the posting of monetary bail secured by 100% of the bail amount.

(4) The number of hearings in which the court denied bail and ordered detention.

(5) Anonymously by judge, the number of bail orders by type:

(A) release on personal recognizance;

(B) release based on posting of monetary bail secured by 10% of the bail amount;

(C) release based on posting monetary bail secured by 100% of the bail amount;

(D) release on personal recognizance with electronic monitoring as a condition of release under Section 110-10 of the Code of Criminal Procedure of 1963; and

(E) denied bail.

(20 ILCS 3930/7.8 new)

Sec. 7.8. Pretrial Custody and Release Report.

(a) The Authority shall produce a monthly Pretrial Custody and Release Report for each county with aggregated data about the individuals in jail custody awaiting trial or on electronic monitoring awaiting trial in each county within the previous month. The Authority shall collect data needed for the Report from county sheriffs and shall provide a data submission form for the sheriffs to use for their submissions. The Authority shall post each county's monthly Report on the Authority's website on a monthly basis and the Report shall remain on the website for at least 5 years after being posted.

(b) The monthly Pretrial Custody and Release Report shall record the following pretrial admissions data for defendants admitted into the sheriff's custody during the previous month:

(1) the number of defendants admitted to jail, broken down by demographic variables including race or ethnicity, age, and sex;

(2) the number of defendants admitted whose most serious current charge is a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(3) the number of defendants admitted whose most serious current charge is a felony;

(4) the number of defendants admitted whose most serious current charge is a misdemeanor; and

(5) the number of defendants admitted who received a monetary bail order and the number of defendants admitted who were denied bail.

(c) The monthly Pretrial Custody and Release Report shall record the following jail population data as of the last day of the prior month:

(1) the total jail population, broken down by demographic variables including race or ethnicity, age, and sex;

(2) the number of individuals detained in jail pretrial and the number of individuals detained in jail for all other reasons;

(3) the number of defendants admitted whose most serious current charge is a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(4) the number of individuals detained in jail pretrial whose most serious current charge is a felony;

(5) the number of individuals detained in jail pretrial whose most serious current charge is a misdemeanor;

(6) the total pretrial jail population by average and median length in custody;

(7) the total pretrial jail population by the number of defendants ordered monetary bail and the number of defendants denied bail; and

(8) the number of individuals detained in jail pretrial who did not pay the monetary bail amount ordered, and of those detainees, the mean, median, 25th percentile, and 75th percentile of the ordered bail amounts.

(d) The monthly Pretrial Custody and Release Report shall record the following discharge data for pretrial defendants released from the sheriff's custody during the previous month:

(1) the number of pretrial defendants discharged by the following disposition types:

(A) convicted of a felony and sent to the Illinois Department of Corrections;

(B) convicted of a misdemeanor and released on time served;

(C) convicted of a felony or misdemeanor and given a sentence of probation, conditional discharge, or supervision;

(D) posted a monetary bond;

(E) released on personal recognizance bond or electronic monitoring;

(F) released under earned credit, as defined in Section 110-14 of the Code of Criminal Procedure of 1963;

(G) charged dismissed or any other non-conviction resolution, including, but not limited to, deferred prosecution;

(2) the average and median length of stay of pretrial defendants; and

(3) the number of individuals discharged after spending 2 days or less in jail.

(e) The monthly Pretrial Custody and Release Report shall record the following data from the sheriff's electronic monitoring program as of the last day of the prior month:

(1) the total number of individuals under the sheriff's supervision on electronic monitoring;

(2) the demographics of the individuals on electronic monitoring including breakdowns of race or ethnicity, age, and sex;

(3) the number of individuals on electronic monitoring whose most serious current charge is a felony;

(4) the number of individuals on electronic monitoring whose most serious current charge is a misdemeanor; and

(5) the average and median length of time spent on electronic monitoring.

(f) In order to determine the effectiveness of pretrial release policies, the monthly Pretrial Custody and Release Report shall include information about defendants released from custody while awaiting trial. The Report shall include the following data for the previous month:

(1) the number of pretrial defendants released within 24 hours of the bail hearing;

(2) the number of pretrial defendants released during the month prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within 30 days of their release;

(B) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a felony; and

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012;

(3) the number of pretrial defendants released during the month 180 days prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within 180 days of their release;

(B) the number of defendants who had at least one new charge within 180 days of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within 180 days of their release with the most serious new charge being a felony;

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012; and

(4) the number of pretrial defendants released during the month that fell one year prior to the reporting month, and of those defendants:

(A) the number of defendants who failed to appear at least one court hearing within one year of their release;

(B) the number of defendants who had at least one new charge within one year of their release with the most serious new charge being a misdemeanor or traffic offense;

(C) the number of defendants who had at least one new charge within one year of their release with the most serious new charge being a felony; and

(D) the number of defendants who had at least one new charge within 30 days of their release with the most serious new charge being a forcible felony as defined under Section 2-8 of the Criminal Code of 2012.

Section 10. The Counties Code is amended by adding Sections 3-6041, 3-6042, 3-6403 as follows:

(55 ILCS 5/3-6041 new)

Sec. 3-6041. Sheriff, county clerk, county board data submission for Pretrial Bail Proceeds Report. Each month, the sheriff, or the sheriff in consultation with the clerk of the court of each county, shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the report described in Section 7.7 of the Illinois Criminal Justice Information Act. The sheriff, or the sheriff in consultation with the clerk of the court, shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

(55 ILCS 5/3-6042 new)

Sec. 3-6042. Bail Proceeds Report. The county board of each county shall, for each calendar year, prepare a report of the amount of money bond collected and dispersed in the course of administering bail. The report shall include:

(1) the amount of money received from each governmental entity in the county that is entitled to collect or administer a money bond;

(2) the name of each governmental entity, fund, or program to which the county board allocates money generated by collecting or administering a money bond and the amount so allocated;

(3) the fee charged by the county sheriff for the taking of all bonds on legal process, civil and criminal; and

(4) any study or report used to justify an increase in the fee charged for the taking of all bonds on legal process, civil and criminal, under Section 4-5001, if the county board has increased the fee under the requirements of Section 4-5001.

(55 ILCS 5/3-6403 new)

Sec. 3-6403. Sheriff data submission for Pretrial Custody and Release Reports. Each month, the sheriff of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the report described in Section 7.8 of the Illinois Criminal Justice Information Act. The sheriff shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

Section 15. The Clerks of Courts Act is amended by adding Sections 30 and 31 as follows:

(705 ILCS 105/30 new)

Sec. 30. Report to Illinois Criminal Justice Information Authority. Each month, the clerk of the circuit court of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the reports described in Sections 7.7 and 7.8 of the Illinois Criminal Justice Information Act. Each quarter, the clerk of the circuit court of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the Pretrial Bail Proceeds Report. The clerk of the circuit court shall submit the data in the form specified by the Illinois Criminal Justice Information Authority.

(705 ILCS 105/31 new)

Sec. 31. Clerk of court data submission for Pretrial Bail Proceeds Report. Each quarter, the clerk of the circuit court of each county shall submit to the Illinois Criminal Justice Information Authority a data set with information needed for the Illinois Criminal Justice Information Authority to complete the report described in Section 7.7 of the Illinois Criminal Justice Information Act. The clerk of the circuit court shall submit the data in the form specified by the Illinois Criminal Justice Information Authority. The report shall include:

(1) the total amount of an individual money bond received by the clerk;

(2) the total amount of a money bond received by the clerk;

(3) the total amount of an individual money bond forfeited;

(4) the total amount of a money bond forfeited;

(5) the total amount of an individual money bond refunded;

(6) the total amount of a money bond refunded;

(7) the total amount of money collected as a bail bond cost as defined by subsection (f) of Section 110-7 of the Code of Criminal Procedure of 1963;

(8) the total amount of a money bond collected by an officer of the peace, under Section 110-9 of the Code of Criminal Procedure of 1963 and Supreme Court Rules 529 and 530, and deposited with the clerk of the circuit court;

(9) the total amount of money taken from a bond deposit for fines, fees, restitution, or court costs other than a bail bond cost under subsection (f) of Section 110-7 of the Code of Criminal Procedure of 1963;

(A) this amount shall be separated by the type of fee, fine, restitution, or court cost that is charged, as listed in subsection (f) of Section 110-7 of the Code of Criminal Procedure of 1963; and

(B) the clerk shall list separately the total amount of fees or fines taken from a money bond associated with a case finished as "not charged";

(10) the amount paid as reimbursement to a defendant's attorney of record under subsection (f) of Section 110-7 of the Code of Criminal Procedure of 1963;

(11) the total amount of money paid by a person posting bond as any other fee, fine, restitution, or court cost not described by subsection (f) of Section 110-7 of the Code of Criminal Procedure of 1963 or Section 4-5001 of the Counties Code. The report shall list separately the total amount of money paid by a person posting a money bond as a fee to a credit card processing merchant pursuant to a contractual agreement between the clerk of the circuit court or county board and a credit card processing merchant; and

(12) the total amount of money disbursed by the clerk of the circuit court to each governmental entity or fund that is entitled to receive fees, fines, restitution, or reimbursements from a money bond deposit. These entities include, but are not be limited to:

(A) the Office of the State's Attorney;

(B) the State Treasurer;

(C) the county general fund;

(D) a probation services; or

(E) a special fund, such as the Violent Crime Victims Assistance Fund or the Trauma Center Fund.

Section 99. Effective date. This Act takes effect upon becoming law.