Illinois General Assembly - Bill Status for SB0202

Replaces everything after the enacting clause. Creates the Accelerated Resolution Court Act. Creates the Accelerated Resolution Court pilot program in Cook County. Provides that 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, 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. Provides that to be eligible 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; (B) criminal trespass to real property; or (C) criminal trespass to State supported land. Provides that a defendant shall be excluded from the program if the defendant has been convicted of a crime of violence in the past 10 years excluding incarceration time, specifically 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. Provides that once referred to the Accelerated Resolution Court by the Cook County Sheriff or his or her designee, 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. Provides that any referred case shall be adjudicated within 30 days. Provides that if a case within the Accelerated Resolution Court is not resolved within 30 days of referral, then the defendant shall be released from custody on his or her own recognizance provided the defendant agrees to the terms and conditions of release provided by the court pending adjudication of the charge. Provides that nothing in the Act shall be construed as prohibiting a defendant from requesting a continuance. Provides that any continuance granted on behalf of the defendant shall toll the 30-day requirement of the Act. Provides that lack of participation by the victim or other continuances required on behalf of the State do not toll the 30-day requirement of the Act. Provides that a failure to appear as required by the recognizance shall constitute an offense subject to the penalty for violation of bail bond. Provides that the State may appeal any order permitting release by personal recognizance. Repeals the Act on June 30, 2017. Effective July 1, 2015.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Provides that the defendant may only be referred to the pilot program with the approval of the Cook County State's Attorney. Provides that the crimes of violence that make the defendant ineligible for the pilot program include, but are not limited to, the specific listed crimes and include adjudications of delinquency for crimes of violence. Provides that 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. Provides that if a case within the Accelerated Resolution Court is not resolved within 30 days of the date of assignment by the presiding judge, then the defendant shall be released from custody on his or her own recognizance or released on electronic monitoring. Provides that the court may require the defendant to undergo mental health treatment. Provides that the State may object to the referral of a case by providing written notice to the Cook County Sheriff's Office and the Office of the Public Defender. Provides that the State may object to any order permitting release by personal recognizance or electronic monitoring. Effective July 1, 2015.

×