(725 ILCS 5/110‑5.1)
Sec. 110‑5.1.
Bail; certain persons charged with violent crimes against family or household members.
(a) Subject to subsection (c), a person who is charged
|
with a violent crime shall appear before the court for the setting of bail if the alleged victim was a family or household member at the time of the alleged offense, and if any of the following applies:
|
|
(1) the person charged, at the time of the alleged
|
|
offense, was subject to the terms of an order of protection issued under Section 112A‑14 of this Code or Section 214 of the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12‑30 of the Criminal Code of 1961 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;
|
|
(2) the arresting officer indicates in a police
|
|
report or other document accompanying the complaint any of the following:
|
|
(A) that the arresting officer observed on the
|
|
alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
|
|
(B) that the arresting officer reasonably
|
|
believes that the person had on the person's person at the time of the alleged offense a deadly weapon;
|
|
(C) that the arresting officer reasonably
|
|
believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
|
|
(b) To the extent that information about any of the
|
|
following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before setting bail for a person who appears before the court pursuant to subsection (a):
|
|
(1) whether the person has a history of domestic
|
|
violence or a history of other violent acts;
|
|
(2) the mental health of the person;
(3) whether the person has a history of violating the
|
|
orders of any court or governmental entity;
|
|
(4) whether the person is potentially a threat to any
|
|
(5) whether the person has access to deadly weapons
|
|
or a history of using deadly weapons;
|
|
(6) whether the person has a history of abusing
|
|
alcohol or any controlled substance;
|
|
(7) the severity of the alleged violence that is the
|
|
basis of the alleged offense, including, but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
|
|
(8) whether a separation of the person from the
|
|
alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
|
|
(9) whether the person has exhibited obsessive or
|
|
controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim;
|
|
(10) whether the person has expressed suicidal or
|
|
(11) any information contained in the complaint and
|
|
any police reports, affidavits, or other documents accompanying the complaint.
|
|
(c) Upon the court's own motion or the motion of a party
|
|
and upon any terms that the court may direct, a court may permit a person who is required to appear before it by subsection (a) to appear by video conferencing equipment. If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by subsection (a) is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court:
|
|
(1) a bail bond secured by a deposit of 10% of the
|
|
amount of the bond in cash;
|
|
(2) a surety bond, a bond secured by real estate or
|
|
securities as allowed by law, or the deposit of cash, at the option of the person.
|
|
Subsection (a) does not create a right in a person to
|
|
appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime who is not described in subsection (a) from appearing before the court for the setting of bail.
|
|
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
|
|
Section 3 of the Rights of Crime Victims and Witnesses Act.
|
|
(2) "Family or household member" has the meaning
|
|
ascribed to it in Section 112A‑3 of this Code.
|
|
(Source: P.A. 94‑878, eff. 1‑1‑07.)
|
(725 ILCS 5/110‑6.1)
(from Ch. 38, par. 110‑6.1)
Sec. 110‑6.1.
Denial of bail in non‑probationable felony offenses.
(a) Upon verified petition by the State, the court shall hold a hearing to
determine whether bail should be denied to a defendant who is charged with
a felony offense for which a sentence of imprisonment, without probation,
periodic imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of any person or persons.
(1) A petition may be filed without prior notice to
|
the defendant at the first appearance before a judge, or within the 21 calendar days, except as provided in Section 110‑6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while such petition is pending before the court, the defendant if previously released shall not be detained.
|
|
(2) The hearing shall be held immediately upon the
|
|
defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance. A continuance on motion of the defendant may not exceed 5 calendar days, and a continuance on the motion of the State may not exceed 3 calendar days. The defendant may be held in custody during such continuance.
|
|
(b) The court may deny bail to the defendant where, after the hearing, it
is determined that:
(1) the proof is evident or the presumption great
|
|
that the defendant has committed an offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, must be imposed by law as a consequence of conviction, and
|
|
(2) the defendant poses a real and present threat to
|
|
the physical safety of any person or persons, by conduct which may include, but is not limited to, a forcible felony, the obstruction of justice, intimidation, injury, physical harm, an offense under the Illinois Controlled Substances Act which is a Class X felony, or an offense under the Methamphetamine Control and Community Protection Act which is a Class X felony, and
|
|
(3) the court finds that no condition or combination
|
|
of conditions set forth in subsection (b) of Section 110‑10 of this Article, can reasonably assure the physical safety of any other person or persons.
|
|
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
|
|
dangerousness shall be conducted in accordance with the following provisions:
|
|
(A) Information used by the court in its
|
|
findings or stated in or offered at such hearing may be by way of proffer based upon reliable information offered by the State or by defendant. Defendant has the right to be represented by counsel, and if he is indigent, to have counsel appointed for him. Defendant shall have the opportunity to testify, to present witnesses in his own behalf, and to cross‑examine witnesses if any are called by the State. The defendant has the right to present witnesses in his favor. When the ends of justice so require, the court may exercises its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness. Cross‑examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well‑being of the witness. The pre‑trial detention hearing is not to be used for purposes of discovery, and the post arraignment rules of discovery do not apply. The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State in its petition. The rules concerning the admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. At the trial concerning the offense for which the hearing was conducted neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115‑10.1 of this Code, or in a perjury proceeding.
|
|
(B) A motion by the defendant to suppress
|
|
evidence or to suppress a confession shall not be entertained. Evidence that proof may have been obtained as the result of an unlawful search and seizure or through improper interrogation is not relevant to this state of the prosecution.
|
|
(2) The facts relied upon by the court to support a
|
|
finding that the defendant poses a real and present threat to the physical safety of any person or persons shall be supported by clear and convincing evidence presented by the State.
|
|
(d) Factors to be considered in making a determination of dangerousness.
The court may, in determining whether the defendant poses a real and
present threat to the physical safety of any person or persons, consider but
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
|
|
charged, including whether the offense is a crime of violence, involving a weapon.
|
|
(2) The history and characteristics of the defendant
|
|
(A) Any evidence of the defendant's prior
|
|
criminal history indicative of violent, abusive or assaultive behavior, or lack of such behavior. Such evidence may include testimony or documents received in juvenile proceedings, criminal, quasi‑criminal, civil commitment, domestic relations or other proceedings.
|
|
(B) Any evidence of the defendant's
|
|
psychological, psychiatric or other similar social history which tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
|
|
(3) The identity of any person or persons to whose
|
|
safety the defendant is believed to pose a threat, and the nature of the threat;
|
|
(4) Any statements made by, or attributed to the
|
|
defendant, together with the circumstances surrounding them;
|
|
(5) The age and physical condition of any person
|
|
assaulted by the defendant;
|
|
(6) Whether the defendant is known to possess or
|
|
have access to any weapon or weapons;
|
|
(7) Whether, at the time of the current offense or
|
|
any other offense or arrest, the defendant was on probation, parole, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
|
|
(8) Any other factors, including those listed in
|
|
Section 110‑5 of this Article deemed by the court to have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of such behavior.
|
|
(e) Detention order. The court shall, in any order for detention:
(1) briefly summarize the evidence of the
|
|
defendant's culpability and its reasons for concluding that the defendant should be held without bail;
|
|
(2) direct that the defendant be committed to the
|
|
custody of the sheriff for confinement in the county jail pending trial;
|
|
(3) direct that the defendant be given a reasonable
|
|
opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail and telephone; and
|
|
(4) direct that the sheriff deliver the defendant as
|
|
required for appearances in connection with court proceedings.
|
|
(f) If the court enters an order for the detention of the defendant
pursuant to subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for detention was
entered. If the defendant is not brought to trial within the 90 day period
required by the preceding sentence, he shall not be held longer without
bail. In computing the 90 day period, the court shall omit any period of
delay resulting from a continuance granted at the request of the defendant.
(g) Rights of the defendant. Any person shall be entitled to appeal any
order entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this Section denying any
motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
|
(725 ILCS 5/110‑6.3) (from Ch. 38, par. 110‑6.3)
Sec. 110‑6.3.
Denial of bail in stalking and aggravated stalking
offenses.
(a) Upon verified petition by the State, the court shall hold a
hearing to determine whether bail should be denied to a defendant who is
charged with
stalking or aggravated stalking, when it is alleged that the defendant's
admission to bail poses a real and present threat to the physical safety of
the alleged victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of the threat
upon which the charge is based.
(1) A petition may be filed without prior notice to |
|
the defendant at the first appearance before a judge, or within 21 calendar days, except as provided in Section 110‑6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while the petition is pending before the court, the defendant if previously released shall not be detained.
|
|
(2) The hearing shall be held immediately upon the
|
|
defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance. A continuance on motion of the defendant may not exceed 5 calendar days, and the defendant may be held in custody during the continuance. A continuance on the motion of the State may not exceed 3 calendar days; however, the defendant may be held in custody during the continuance under this provision if the defendant has been previously found to have violated an order of protection or has been previously convicted of, or granted court supervision for, any of the offenses set forth in Sections 12‑2, 12‑3.2, 12‑3.3, 12‑4, 12‑4.1, 12‑7.3, 12‑7.4, 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961, against the same person as the alleged victim of the stalking or aggravated stalking offense.
|
|
(b) The court may deny bail to the defendant when, after the hearing, it
is determined that:
(1) the proof is evident or the presumption great
|
|
that the defendant has committed the offense of stalking or aggravated stalking; and
|
|
(2) the defendant poses a real and present threat to
|
|
the physical safety of the alleged victim of the offense; and
|
|
(3) the denial of release on bail or personal
|
|
recognizance is necessary to prevent fulfillment of the threat upon which the charge is based; and
|
|
(4) the court finds that no condition or combination
|
|
of conditions set forth in subsection (b) of Section 110‑10 of this Code, including mental health treatment at a community mental health center, hospital, or facility of the Department of Human Services, can reasonably assure the physical safety of the alleged victim of the offense.
|
|
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
|
|
threat to the alleged victim of the offense shall be conducted in accordance with the following provisions:
|
|
(A) Information used by the court in its
|
|
findings or stated in or offered at the hearing may be by way of proffer based upon reliable information offered by the State or by defendant. Defendant has the right to be represented by counsel, and if he is indigent, to have counsel appointed for him. Defendant shall have the opportunity to testify, to present witnesses in his own behalf, and to cross‑examine witnesses if any are called by the State. The defendant has the right to present witnesses in his favor. When the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness. Cross‑examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well‑being of the witness. The pretrial detention hearing is not to be used for the purposes of discovery, and the post arraignment rules of discovery do not apply. The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State. The rules concerning the admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. At the trial concerning the offense for which the hearing was conducted neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115‑10.1 of this Code, or in a perjury proceeding.
|
|
(B) A motion by the defendant to suppress
|
|
evidence or to suppress a confession shall not be entertained. Evidence that proof may have been obtained as the result of an unlawful search and seizure or through improper interrogation is not relevant to this state of the prosecution.
|
|
(2) The facts relied upon by the court to support a
|
|
(A) the defendant poses a real and present
|
|
threat to the physical safety of the alleged victim of the offense; and
|
|
(B) the denial of release on bail or personal
|
|
recognizance is necessary to prevent fulfillment of the threat upon which the charge is based;
|
|
shall be supported by clear and convincing evidence
|
|
(d) Factors to be considered in making a determination of the threat to
the alleged victim of the offense.
The court may, in determining whether the defendant poses, at the time of
the hearing, a real and
present threat to the physical safety of the alleged victim of the offense,
consider but
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
|
|
(2) The history and characteristics of the defendant
|
|
(A) Any evidence of the defendant's prior
|
|
criminal history indicative of violent, abusive or assaultive behavior, or lack of that behavior. The evidence may include testimony or documents received in juvenile proceedings, criminal, quasi‑criminal, civil commitment, domestic relations or other proceedings;
|
|
(B) Any evidence of the defendant's
|
|
psychological, psychiatric or other similar social history that tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
|
|
(3) The nature of the threat which is the basis of
|
|
the charge against the defendant;
|
|
(4) Any statements made by, or attributed to the
|
|
defendant, together with the circumstances surrounding them;
|
|
(5) The age and physical condition of any person
|
|
assaulted by the defendant;
|
|
(6) Whether the defendant is known to possess or
|
|
have access to any weapon or weapons;
|
|
(7) Whether, at the time of the current offense or
|
|
any other offense or arrest, the defendant was on probation, parole, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
|
|
(8) Any other factors, including those listed in
|
|
Section 110‑5 of this Code, deemed by the court to have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of that behavior.
|
|
(e) The court shall, in any order denying bail to a person charged with
stalking or aggravated stalking:
(1) briefly summarize the evidence of the
|
|
defendant's culpability and its reasons for concluding that the defendant should be held without bail;
|
|
(2) direct that the defendant be committed to the
|
|
custody of the sheriff for confinement in the county jail pending trial;
|
|
(3) direct that the defendant be given a reasonable
|
|
opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail and telephone; and
|
|
(4) direct that the sheriff deliver the defendant as
|
|
required for appearances in connection with court proceedings.
|
|
(f) If the court enters an order for the detention of the defendant
under subsection (e) of this Section, the defendant shall be brought to
trial on the offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant is not
brought to trial within the 90 day period required by this subsection (f),
he shall not be held longer without bail. In computing the 90 day period,
the court shall omit any period of delay resulting from a continuance
granted at the request of the defendant.
The court shall immediately notify the alleged victim of the offense that the defendant
has been admitted to bail under this subsection.
(g) Any person shall be entitled to appeal any
order entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this Section denying any
motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings.
(Source: P.A. 90‑14, eff. 7‑1‑97; 91‑445, eff. 1‑1‑00.)
|
(725 ILCS 5/110‑6.5)
Sec. 110‑6.5.
Drug testing program.
The Chief Judge of the circuit may establish a drug testing program as provided
by this Section in any county in the circuit if the county board has approved
the establishment of the program and the county probation department or
pretrial services agency has consented to administer it. The drug testing
program shall be conducted under the following provisions:
(a) The court, in the case of a defendant charged with a felony offense or
any offense involving the possession or delivery of cannabis or a
controlled substance, shall:
(1) not consider the release of the defendant on his |
|
or her own recognizance, unless the defendant consents to periodic drug testing during the period of release on his or her own recognizance, in accordance with this Section;
|
|
(2) consider the consent of the defendant to
|
|
periodic drug testing during the period of release on bail in accordance with this Section as a favorable factor for the defendant in determining the amount of bail, the conditions of release or in considering the defendant's motion to reduce the amount of bail.
|
|
(b) The drug testing shall be conducted by the pretrial services agency or
under the direction of the probation department when a pretrial services
agency does not exist in accordance with this Section.
(c) A defendant who consents to periodic drug testing as set forth in this
Section
shall sign an agreement with the court that, during the period of release,
the defendant shall refrain from using illegal drugs and that the
defendant will comply with the conditions of the testing program. The
agreement shall be on a form prescribed by the court and shall be executed
at the time of the bail hearing. This agreement shall be made a specific
condition of bail.
(d) The drug testing program shall be conducted as follows:
(1) The testing shall be done by urinalysis for the
|
|
detection of phencyclidine, heroin, cocaine, methadone and amphetamines.
|
|
(2) The collection of samples shall be performed
|
|
under reasonable and sanitary conditions.
|
|
(3) Samples shall be collected and tested with due
|
|
regard for the privacy of the individual being tested and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
|
|
(4) Sample collection shall be documented, and the
|
|
documentation procedures shall include:
|
|
(i) Labeling of samples so as to reasonably
|
|
preclude the probability of erroneous identification of test results; and
|
|
(ii) An opportunity for the defendant to provide
|
|
information on the identification of prescription or nonprescription drugs used in connection with a medical condition.
|
|
(5) Sample collection, storage, and transportation
|
|
to the place of testing shall be performed so as to reasonably preclude the probability of sample contamination or adulteration.
|
|
(6) Sample testing shall conform to scientifically
|
|
accepted analytical methods and procedures. Testing shall include verification or confirmation of any positive test result by a reliable analytical method before the result of any test may be used as a basis for any action by the court.
|
|
(e) The initial sample shall be collected before the defendant's release
on bail. Thereafter, the defendant shall report to the pretrial services
agency or probation department as required
by the agency or department. The pretrial
services agency or probation department shall
immediately notify the court of
any defendant who fails to report for testing.
(f) After the initial test, a subsequent confirmed positive test result
indicative of continued drug use shall result in the following:
(1) Upon the first confirmed positive test result,
|
|
the pretrial services agency or probation department, shall place the defendant on a more frequent testing schedule and shall warn the defendant of the consequences of continued drug use.
|
|
(2) A second confirmed positive test result shall be
|
|
grounds for a hearing before the judge who authorized the release of the defendant in accordance with the provisions of subsection (g) of this Section.
|
|
(g) The court shall, upon motion of the State or upon its own motion,
conduct a hearing in connection with any defendant who fails to appear for
testing, fails to cooperate with the persons conducting the testing
program, attempts to submit a sample not his or her own or has had a
confirmed positive test result indicative of continued drug use for the second
or subsequent time after the
initial test. The hearing shall be conducted in accordance with the
procedures of Section 110‑6.
Upon a finding by the court that the State has established by clear and
convincing evidence that the defendant has violated the drug testing
conditions of bail, the court may consider any of the following sanctions:
(1) increase the amount of the defendant's bail or
|
|
(2) impose a jail sentence of up to 5 days;
(3) revoke the defendant's bail; or
(4) enter such other orders which are within the
|
|
power of the court as deemed appropriate.
|
|
(h) The results of any drug testing conducted under this Section
shall not be admissible on the issue of the defendant's guilt in connection
with any criminal charge.
(i) The court may require that the defendant pay for the cost of drug
testing.
(Source: P.A. 88‑677, eff. 12‑15‑94.)
|
(725 ILCS 5/110‑10)
(from Ch. 38, par. 110‑10)
(Text of Section from P.A. 94‑556)
Sec. 110‑10.
Conditions of bail bond.
(a) If a person is released prior to conviction, either upon payment of
bail security or on his or her own recognizance, the conditions of the bail
bond shall be that he or she will:
(1) Appear to answer the charge in the court having
|
jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;
|
|
(2) Submit himself or herself to the orders and
|
|
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any
|
|
(5) At a time and place designated by the court,
|
|
surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; all legally possessed firearms shall be returned to the person upon that person completing a sentence for a conviction on a misdemeanor domestic battery, upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and
|
|
(6) At a time and place designated by the court,
|
|
submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24‑1 of the Criminal Code of 1961 and that violation occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school‑related activity, or on any public way within 1,000 feet of real property comprising any school.
|
|
Psychological evaluations ordered pursuant to this Section shall be completed
promptly
and made available to the State, the defendant, and the court. As a further
condition of bail under
these circumstances, the court shall order the defendant to refrain from
entering upon the
property of the school, including any conveyance owned, leased, or contracted
by a school to
transport students to or from school or a school‑related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation,
either the State or the defendant may request a change in the conditions of bail, pursuant to
Section 110‑6 of this Code. The court may change the conditions of bail to include a
requirement that the defendant follow the recommendations of the psychological evaluation,
including undergoing psychiatric treatment. The conclusions of the
psychological evaluation and
any statements elicited from the defendant during its administration are not
admissible as evidence
of guilt during the course of any trial on the charged offense, unless the
defendant places his or her
mental competency in issue.
(b) The court may impose other conditions, such as the following, if the
court finds that such 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:
(1) Report to or appear in person before such person
|
|
or agency as the court may direct;
|
|
(2) Refrain from possessing a firearm or other
|
|
(3) Refrain from approaching or communicating with
|
|
particular persons or classes of persons;
|
|
(4) Refrain from going to certain described
|
|
geographical areas or premises;
|
|
(5) Refrain from engaging in certain activities or
|
|
indulging in intoxicating liquors or in certain drugs;
|
|
(6) Undergo treatment for drug addiction or
|
|
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
|
|
(9) Attend or reside in a facility designated by the
|
|
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
|
|
in a foster home, attend school, attend a non‑residential program for youths, and contribute to his or her own support at home or in a foster home;
|
|
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
|
|
or organization agreeing to supervise his release. Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court;
|
|
(14) Be placed under direct supervision of the
|
|
Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(14.1) The court shall impose upon a defendant who
|
|
is charged with any alcohol, cannabis, methamphetamine, or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee that represents costs incidental to the electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5‑1086.1 of the Counties Code;
|
|
(14.2) The court shall impose upon all defendants,
|
|
including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee which shall represent costs incidental to such electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be;
|
|
(14.3) The Chief Judge of the Judicial Circuit may
|
|
establish reasonable fees to be paid by a person receiving pretrial services while under supervision of a pretrial services agency, probation department, or court services department. Reasonable fees may be charged for pretrial services including, but not limited to, pretrial supervision, diversion programs, electronic monitoring, victim impact services, drug and alcohol testing, and victim mediation services. The person receiving pretrial services may be ordered to pay all costs incidental to pretrial services in accordance with his or her ability to pay those costs;
|
|
(14.4) For persons charged with violating Section
|
|
11‑501 of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1‑129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;
|
|
(15) Comply with the terms and conditions of an
|
|
order of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;
|
|
(16) Under Section 110‑6.5 comply with the
|
|
conditions of the drug testing program; and
|
|
(17) Such other reasonable conditions as the court
|
|
(c) When a person is charged with an offense under Section 12‑13, 12‑14,
12‑14.1,
12‑15 or 12‑16 of the "Criminal Code of 1961", involving a victim who is a
minor under 18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the defendant on
his own recognizance, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
|
|
3. Refrain from contact or communication with the
|
|
child victim, except as ordered by the court.
|
|
(d) When a person is charged with a criminal offense and the victim is
a family or household member as defined in Article 112A, conditions shall
be imposed at the time of the defendant's release on bond that restrict the
defendant's access to the victim.
Unless provided otherwise by the court, the
restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the
|
|
victim for a minimum period of 72 hours following the defendant's release; and
|
|
(2) refrain from entering or remaining at the
|
|
victim's residence for a minimum period of 72 hours following the defendant's release.
|
|
(e) Local law enforcement agencies shall develop standardized bond forms
for use in cases involving family or household members as defined in
Article 112A, including specific conditions of bond as provided in
subsection (d). Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and enforcement of
subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction the
conditions of the bail bond shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
|
|
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
|
|
the court may impose; and
|
|
(5) If the judgment is affirmed or the cause
|
|
reversed and remanded for a new trial, forthwith surrender to the officer from whose custody he was bailed.
|
|
(g) Upon a finding of guilty for any felony offense, the defendant shall
physically surrender, at a time and place designated by the court,
any and all firearms in his or her possession and his or her Firearm Owner's
Identification Card as a condition of remaining on bond pending sentencing.
(Source: P.A. 93‑184, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)
(Text of Section from P.A. 94‑590)
Sec. 110‑10. Conditions of bail bond.
(a) If a person is released prior to conviction, either upon payment of
bail security or on his or her own recognizance, the conditions of the bail
bond shall be that he or she will:
(1) Appear to answer the charge in the court having
|
|
jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;
|
|
(2) Submit himself or herself to the orders and
|
|
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any
|
|
(5) At a time and place designated by the court,
|
|
surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of either the Illinois Controlled Substances Act or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and
|
|
(6) At a time and place designated by the court,
|
|
submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24‑1 of the Criminal Code of 1961 and that violation occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school‑related activity, or on any public way within 1,000 feet of real property comprising any school.
|
|
Psychological evaluations ordered pursuant to this Section shall be completed
promptly
and made available to the State, the defendant, and the court. As a further
condition of bail under
these circumstances, the court shall order the defendant to refrain from
entering upon the
property of the school, including any conveyance owned, leased, or contracted
by a school to
transport students to or from school or a school‑related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation,
either the State or the defendant may request a change in the conditions of bail, pursuant to
Section 110‑6 of this Code. The court may change the conditions of bail to include a
requirement that the defendant follow the recommendations of the psychological evaluation,
including undergoing psychiatric treatment. The conclusions of the
psychological evaluation and
any statements elicited from the defendant during its administration are not
admissible as evidence
of guilt during the course of any trial on the charged offense, unless the
defendant places his or her
mental competency in issue.
(b) The court may impose other conditions, such as the following, if the
court finds that such 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:
(1) Report to or appear in person before such person
|
|
or agency as the court may direct;
|
|
(2) Refrain from possessing a firearm or other
|
|
(3) Refrain from approaching or communicating with
|
|
particular persons or classes of persons;
|
|
(4) Refrain from going to certain described
|
|
geographical areas or premises;
|
|
(5) Refrain from engaging in certain activities or
|
|
indulging in intoxicating liquors or in certain drugs;
|
|
(6) Undergo treatment for drug addiction or
|
|
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
|
|
(9) Attend or reside in a facility designated by the
|
|
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
|
|
in a foster home, attend school, attend a non‑residential program for youths, and contribute to his or her own support at home or in a foster home;
|
|
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
|
|
or organization agreeing to supervise his release. Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court;
|
|
(14) Be placed under direct supervision of the
|
|
Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(14.1) The court shall impose upon a defendant who
|
|
is charged with any alcohol, cannabis or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee that represents costs incidental to the electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5‑1086.1 of the Counties Code;
|
|
(14.2) The court shall impose upon all defendants,
|
|
including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee which shall represent costs incidental to such electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the clerk of the circuit court. The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections. The county treasurer shall deposit the fee collected in the county working cash fund under Section 6‑27001 or Section 6‑29002 of the Counties Code, as the case may be;
|
|
(14.3) The Chief Judge of the Judicial Circuit may
|
|
establish reasonable fees to be paid by a person receiving pretrial services while under supervision of a pretrial services agency, probation department, or court services department. Reasonable fees may be charged for pretrial services including, but not limited to, pretrial supervision, diversion programs, electronic monitoring, victim impact services, drug and alcohol testing, and victim mediation services. The person receiving pretrial services may be ordered to pay all costs incidental to pretrial services in accordance with his or her ability to pay those costs;
|
|
(14.4) For persons charged with violating Section
|
|
11‑501 of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1‑129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices. Under this condition the court may allow a defendant who is not self‑employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;
|
|
(15) Comply with the terms and conditions of an
|
|
order of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;
|
|
(16) Under Section 110‑6.5 comply with the
|
|
conditions of the drug testing program; and
|
|
(17) Such other reasonable conditions as the court
|
|
(c) When a person is charged with an offense under Section 12‑13, 12‑14,
12‑14.1,
12‑15 or 12‑16 of the "Criminal Code of 1961", involving a victim who is a
minor under 18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the defendant on
his own recognizance, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
|
|
3. Refrain from contact or communication with the
|
|
child victim, except as ordered by the court.
|
|
(d) When a person is charged with a criminal offense and the victim is
a family or household member as defined in Article 112A, conditions shall
be imposed at the time of the defendant's release on bond that restrict the
defendant's access to the victim.
Unless provided otherwise by the court, the
restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the
|
|
victim for a minimum period of 72 hours following the defendant's release; and
|
|
(2) refrain from entering or remaining at the
|
|
victim's residence for a minimum period of 72 hours following the defendant's release.
|
|
(e) Local law enforcement agencies shall develop standardized bond forms
for use in cases involving family or household members as defined in
Article 112A, including specific conditions of bond as provided in
subsection (d). Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and enforcement of
subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction the
conditions of the bail bond shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
|
|
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
|
|
the court may impose; and
|
|
(5) If the judgment is affirmed or the cause
|
|
reversed and remanded for a new trial, forthwith surrender to the officer from whose custody he was bailed.
|
|
(g) Upon a finding of guilty for any felony offense, the defendant shall
physically surrender, at a time and place designated by the court,
any and all firearms in his or her possession and his or her Firearm Owner's
Identification Card as a condition of remaining on bond pending sentencing.
(Source: P.A. 93‑184, eff. 1‑1‑04; 94‑590, eff. 1‑1‑06.)
|