SB0202ham001 99TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 5/21/2015

09900SB0202ham001 LRB099 03372 RLC 35957 a

AMENDMENT TO SENATE BILL 202

AMENDMENT NO. ______. Amend Senate Bill 202 by replacing everything after the enacting clause with the following:

"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.".