Illinois General Assembly - Full Text of SB0202
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Full Text of SB0202  99th General Assembly


Sen. Bill Cunningham

Filed: 4/17/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 202 by replacing
3everything after the enacting clause with the following:
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, may
11refer eligible defendants to the Accelerated Resolution Court
12provided that notice is given to the prosecuting State's
13Attorney, the defendant's counsel of record, and the Presiding
14Judge of the Criminal Division of the Circuit Court of Cook



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1    Section 10. Eligibility.
2    (a) To be eligible for the program the defendant must be:
3        (1) in the custody of the Cook County Department of
4    Corrections 72 hours after bond has been set;
5        (2) unable to post bond or ineligible to be placed on
6    electronic monitoring due to homelessness or a lack of a
7    sufficient host site approved by the Sheriff; and
8        (3) charged with:
9            (A) retail theft of property the full retail value
10        of which does not exceed $300 under Section 16-25 of
11        the Criminal Code of 2012;
12            (B) criminal trespass to real property under
13        Section 21-3 of the Criminal Code of 2012; or
14            (C) criminal trespass to State supported land
15        under Section 21-5 of the Criminal Code of 2012.
16    (b) A defendant shall be excluded from the program if the
17defendant has been convicted of a crime of violence in the past
1810 years excluding incarceration time, specifically first
19degree murder, second degree murder, predatory criminal sexual
20assault of a child, aggravated criminal sexual assault,
21criminal sexual assault, armed robbery, aggravated arson,
22arson, aggravated kidnaping, kidnapping, aggravated battery
23resulting in great bodily harm or permanent disability,
24aggravated stalking, stalking, or any offense involving the
25discharge of a firearm.



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1    Section 15. Procedure.
2    (a) Once referred to the Accelerated Resolution Court by
3the Cook County Sheriff or his or her designee, notice shall be
4given by the Sheriff to the prosecuting State's Attorney, the
5defendant's counsel of record, and the Presiding Judge of the
6Criminal Division of the Circuit Court of Cook County. Any
7referred case shall be adjudicated within 30 days.
8    (b) If a case within the Accelerated Resolution Court is
9not resolved within 30 days of referral, then the defendant
10shall be released from custody on his or her own recognizance
11provided the defendant agrees to the terms and conditions of
12release provided by the court pending adjudication of the
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) The Court may impose other conditions, such as the
16following, if the court finds that the conditions are
17reasonably necessary to assure the defendant's appearance in
18court, protect the public from the defendant, or prevent the
19defendant's unlawful interference with the orderly
20administration of justice:
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 treatment for drug addiction or
26    alcoholism;



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1        (4) attend or reside in a facility designated by the
2    court; or
3        (5) other reasonable conditions as the court may
4    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 appeal any order permitting release by
10personal recognizance.
11    Section 20. Repeal. This Act is repealed on June 30, 2017.
12    Section 99. Effective date. This Act takes effect July 1,