SB0202 EnrolledLRB099 03372 RLC 23380 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 1. Short title. This Act may be cited as the
5Accelerated Resolution Court Act.
 
6    Section 5. Accelerated Resolution Court pilot program. The
7Accelerated Resolution Court pilot program is hereby created in
8Cook County. Under this pilot program, the Cook County Sheriff
9or his or her designee, acting in his or her official capacity
10as Director of the Cook County Department of Corrections with
11the approval of the Cook County State's Attorney, may refer
12eligible defendants to the Accelerated Resolution Court
13provided that notice is given to the prosecuting State's
14Attorney, the defendant's counsel of record, and the Presiding
15Judge of the Criminal Division of the Circuit Court of Cook
16County.
 
17    Section 10. Eligibility.
18    (a) To be eligible for the program the defendant must be:
19        (1) in the custody of the Cook County Department of
20    Corrections 72 hours after bond has been set;
21        (2) unable to post bond or ineligible to be placed on
22    electronic monitoring due to homelessness or a lack of a

 

 

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1    sufficient host site approved by the Sheriff; and
2        (3) charged with:
3            (A) retail theft of property the full retail value
4        of which does not exceed $300 under Section 16-25 of
5        the Criminal Code of 2012;
6            (B) criminal trespass to real property under
7        Section 21-3 of the Criminal Code of 2012; or
8            (C) criminal trespass to State supported land
9        under Section 21-5 of the Criminal Code of 2012.
10    (b) A defendant shall be excluded from the program if the
11defendant has been convicted of, or adjudicated delinquent for,
12a crime of violence in the past 10 years excluding
13incarceration time, including, but not limited to, first degree
14murder, second degree murder, predatory criminal sexual
15assault of a child, aggravated criminal sexual assault,
16criminal sexual assault, armed robbery, aggravated arson,
17arson, aggravated kidnaping, kidnapping, aggravated battery
18resulting in great bodily harm or permanent disability,
19aggravated stalking, stalking, or any offense involving the
20discharge of a firearm.
 
21    Section 15. Procedure.
22    (a) Once referred to the Accelerated Resolution Court by
23the Cook County Sheriff or his or her designee, written notice
24shall be given by the Sheriff to the prosecuting State's
25Attorney, the defendant's counsel of record, and the Presiding

 

 

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1Judge of the Criminal Division of the Circuit Court of Cook
2County. Proof of the notice shall be filed with the Clerk of
3the Circuit Court of Cook County. Any referred case shall be
4adjudicated within 30 days of the date of assignment by the
5presiding judge, excluding any delay occasioned by the
6defendant.
7    (b) If a case within the Accelerated Resolution Court is
8not resolved within 30 days of the date of assignment by the
9presiding judge, the time period provided in subsection (a),
10then the defendant shall be released from custody on his or her
11own recognizance or released on electronic monitoring. Any
12person released under this Section must agree to the terms and
13conditions of release provided by the court.
14    (c) Nothing in this Act shall be construed as prohibiting a
15defendant from requesting a continuance. Any continuance
16granted on behalf of the defendant shall toll the 30-day
17requirement of this Act. Lack of participation by the victim or
18other continuances required on behalf of the State do not toll
19the 30-day requirement of this Act.
20    (d) If a person is released on his or her own recognizance,
21the conditions of the release shall be that he or she shall:
22        (1) appear to answer the charge in the court having
23    jurisdiction on a day certain and thereafter ordered by the
24    court until discharged or final order of the court;
25        (2) submit himself or herself to the orders and process
26    of the court;

 

 

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1        (3) not depart this State without leave of the court;
2        (4) not violate any criminal statute of any
3    jurisdiction;
4        (5) at a time and place designated by the court,
5    surrender all firearms in his or her possession to a law
6    enforcement officer as required under paragraph (5) of
7    subsection (a) of Section 110-10 of the Code of Criminal
8    Procedure of 1963; and
9        (6) file written notice with the clerk of the court
10    before which the proceeding is pending of any change in his
11    or her address within 24 hours after the change. The
12    address of a defendant who has been released on his or her
13    own recognizance shall at all times remain a matter of
14    public record with the clerk of the court.
15    (e) If the court finds that additional conditions are
16reasonably necessary to assure the defendant's appearance in
17court, protect the public from the defendant, or prevent the
18defendant's unlawful interference with the orderly
19administration of justice, the court may require the defendant
20to:
21        (1) refrain from going to certain described
22    geographical areas or premises;
23        (2) refrain from engaging in certain activities or
24    indulging in intoxicating liquors or in certain drugs;
25        (3) undergo mental health treatment or treatment for
26    drug addiction or alcoholism;

 

 

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1        (4) attend or reside in a facility designated by the
2    court; or
3        (5) comply with other reasonable conditions as the
4    court may impose.
5    (f) A failure to appear as required by the recognizance
6shall constitute an offense subject to the penalty provided in
7Section 32-10 of the Criminal Code of 2012 for violation of
8bail bond.
9    (g) The State may object to the referral of a case under
10Section 15 by providing written notice to the Cook County
11Sheriff's Office and the Office of the Public Defender.
12    (h) The State may object to any order permitting release by
13personal recognizance or electronic monitoring.
 
14    Section 20. Repeal. This Act is repealed on June 30, 2017.
 
15    Section 99. Effective date. This Act takes effect July 1,
162015.