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| Public Act 099-0724 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Accelerated Resolution Court Act is amended | ||||
by changing Sections 1, 5, 10, 15, and 20 as follows: | ||||
(730 ILCS 169/1) | ||||
(Section scheduled to be repealed on June 30, 2017)
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Sec. 1. Short title. This Act may be cited as the | ||||
Accelerated Resolution Program Court Act.
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(Source: P.A. 99-436, eff. 8-21-15.) | ||||
(730 ILCS 169/5) | ||||
(Section scheduled to be repealed on June 30, 2017)
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Sec. 5. Accelerated Resolution Program Court pilot | ||||
program. The Accelerated Resolution Program Court pilot | ||||
program is hereby created in Cook County. Under this Program | ||||
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 with the approval of the Cook | ||||
County State's Attorney, may refer eligible defendants to the | ||||
Accelerated Resolution Program Court provided that notice is | ||||
given to the prosecuting State's Attorney and , the defendant's | ||||
counsel of record, and the Presiding Judge of the Criminal | ||||
Division of the Circuit Court of Cook County.
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(Source: P.A. 99-436, eff. 8-21-15.) | ||
(730 ILCS 169/10) | ||
(Section scheduled to be repealed on June 30, 2017)
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Sec. 10. Eligibility. | ||
(a) To be eligible for the program the defendant must be: | ||
(1) in the custody of the Cook County Department of | ||
Corrections 72 hours after bond has been set;
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(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 under Section 16-25 of | ||
the Criminal Code of 2012; | ||
(B) criminal trespass to real property under | ||
Section 21-3 of the Criminal Code of 2012; or | ||
(C) criminal trespass to State supported land | ||
under Section 21-5 of the Criminal Code of 2012; . | ||
(D) a traffic offense, except for any offense | ||
involving fleeing or attempting to elude a peace | ||
officer or aggravated fleeing or attempting to elude a | ||
peace officer under Section 11-204 or 11-204.1 of the | ||
Illinois Vehicle Code, driving under the influence | ||
under Section 11-501 of the Illinois Vehicle Code, or | ||
any offense that results in bodily harm; or | ||
(E) a Class 4 felony violation of the Illinois | ||
Controlled Substances Act. | ||
(b) A defendant shall be excluded from the program if the | ||
defendant has been convicted of, or adjudicated delinquent for, | ||
a crime of violence in the past 10 years excluding | ||
incarceration time, including, but not limited to, 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.
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(Source: P.A. 99-436, eff. 8-21-15.) | ||
(730 ILCS 169/15) | ||
(Section scheduled to be repealed on June 30, 2017)
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Sec. 15. Procedure.
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(a) Once referred to the Accelerated Resolution Program | ||
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 and , the defendant's counsel of record, and | ||
the Presiding Judge of the Criminal Division of the Circuit | ||
Court of Cook County. Proof of the notice shall be filed with | ||
the Clerk of the Circuit Court of Cook County. Any referred | ||
case shall be adjudicated within 30 days of the date of | ||
assignment by the presiding judge, excluding any delay | ||
occasioned by the defendant. | ||
(b) If a case within the Accelerated Resolution Program | ||
Court is not resolved within 30 days of the date of assignment | ||
by the presiding judge, the time period provided in subsection | ||
(a), then the defendant shall be released from custody on his | ||
or her own recognizance or released on electronic monitoring. | ||
Any person released under this Section must agree to the terms | ||
and conditions of release provided by the court. | ||
(c)
Nothing in this Act shall be construed as prohibiting a | ||
defendant from requesting a continuance. Any continuance | ||
granted on behalf of the defendant shall toll the 30-day | ||
requirement of this Act. Lack of participation by the victim or | ||
other continuances required on behalf of the State do not toll | ||
the 30-day requirement of this Act. | ||
(d) If a person is released on his or her own recognizance, | ||
the conditions of the release shall be that he or she shall: | ||
(1) appear to answer the charge in the court having | ||
jurisdiction on a day certain and thereafter ordered by the | ||
court until discharged or final order of the court; | ||
(2) submit himself or herself to the orders and process | ||
of the court; | ||
(3) not depart this State without leave of the court; | ||
(4) not violate any criminal statute of any | ||
jurisdiction; | ||
(5) at a time and place designated by the court, | ||
surrender all firearms in his or her possession to a law | ||
enforcement officer as required under paragraph (5) of | ||
subsection (a) of Section 110-10 of the Code of Criminal | ||
Procedure of 1963; and
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(6) (blank). file written notice with the clerk of the | ||
court before which the proceeding is pending of any change | ||
in his or her address within 24 hours after the change. The | ||
address of a defendant who has been released on his or her | ||
own recognizance shall at all times remain a matter of | ||
public record with the clerk of the court. | ||
(e) If the court finds that additional 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, the court may require the defendant | ||
to: | ||
(1) refrain from going to certain described | ||
geographical areas or premises; | ||
(2) refrain from engaging in certain activities or | ||
indulging in intoxicating liquors or in certain drugs; | ||
(3) undergo mental health treatment or treatment for | ||
drug addiction or alcoholism; | ||
(4) attend or reside in a facility designated by the | ||
court; or | ||
(5) comply with other reasonable conditions as the | ||
court may impose. | ||
(f) A failure to appear as required by the recognizance | ||
shall constitute an offense subject to the penalty provided in | ||
Section 32-10 of the Criminal Code of 2012 for violation of | ||
bail bond. | ||
(g) The State may object to the referral of a case under | ||
Section 15 by providing written notice to the Cook County | ||
Sheriff's Office and the Office of the Public Defender.
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(h) The State may object to any order permitting release by | ||
personal recognizance or electronic monitoring.
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(Source: P.A. 99-436, eff. 8-21-15.) | ||
(730 ILCS 169/20) | ||
(Section scheduled to be repealed on June 30, 2017)
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Sec. 20. Repeal. This Act is repealed on June 30, 2019 | ||
2017.
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(Source: P.A. 99-436, eff. 8-21-15.)
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