102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2036

 

Introduced 2/26/2021, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 105/12 new
725 ILCS 105/13 new
725 ILCS 105/14 new

    Amends the State Appellate Defender Act. Creates the Public Defender Bail Reform Grant Program to assist county public defenders in implementing a provision of the Code of Criminal Procedure of 1963 that requires counsel at bail hearings. Provides that the Public Defender Bail Reform Grant Program is to be administered by the State Appellate Defender under the direction of the State Appellate Defender Commission. Provides that the State Appellate Defender shall request funds for the grant program within its annual appropriation. Provides for eligibility and administration of the grant program. Contains other provisions. Effective immediately.


LRB102 13592 KMF 18941 b

 

 

A BILL FOR

 

SB2036LRB102 13592 KMF 18941 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Appellate Defender Act is amended by
5adding 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
9Grant Program. The purpose of this grant program is to assist
10county public defenders in implementing Section 109-1 of the
11Code of Criminal Procedure of 1963 which requires counsel at
12bail hearings.
13    (b) The Public Defender Bail Reform Grant Program is to be
14administered by the State Appellate Defender under the
15direction of the Commission. The State Appellate Defender is
16also required to seek recommendations on administering this
17grant program from the Illinois Supreme Court Pretrial
18Commission on Pretrial Practices.
19    (c) The State Appellate Defender shall request funds for
20the grant program within its annual appropriation. The State
21Appellate Defender may also seek contributions and grants to
22supplement all State funds appropriated for the grant program.
 

 

 

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1    (725 ILCS 105/13 new)
2    Sec. 13. Grant program; eligibility.
3    (a) Any county that has not employed a full-time public
4defender on or before January 1, 2021 is eligible to apply for
5a grant under the Public Defender Bail Reform Grant Program.
6The Commission may also establish a county population
7threshold for grant eligibility.
8    (b) The application for the grant shall be made by the
9chief judge of the Circuit in which the county is located. The
10chief judge shall administer the grant. Any group of eligible
11counties within the same Circuit Court may jointly apply for a
12grant under the Public Defender Bail Reform Grant Program.
 
13    (725 ILCS 105/14 new)
14    Sec. 14. Public Defender Bail Reform Grant Program
15Administration.
16    (a) The State Appellate Defender shall have the authority
17to adopt rules for the administration of the Public Defender
18Bail Reform Grant Program. The rules shall be in effect after
19the rules are approved by the Supreme Court.
20    (b) The State Appellate Defender shall publish grant
21guidelines, rules, and grant application forms on the agency's
22website.
23    (c) The State Appellate Defender may work with any law
24school to establish internship programs for the training of
25law students in representing individuals in bail hearings. The

 

 

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1State Appellate Defender may also seek permission from the
2Supreme Court to utilize law students with a provisional
3license to practice law in representing individuals in
4eligible counties.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.