Public Act 099-0724
 
HB6190 EnrolledLRB099 19890 RLC 44289 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    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    (Section scheduled to be repealed on June 30, 2017)

    Sec. 1. Short title. This Act may be cited as the 
Accelerated Resolution Program Court Act.

(Source: P.A. 99-436, eff. 8-21-15.)
 
    (730 ILCS 169/5)
    (Section scheduled to be repealed on June 30, 2017)

    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. 

(Source: P.A. 99-436, eff. 8-21-15.)
 
    (730 ILCS 169/10)
    (Section scheduled to be repealed on June 30, 2017)

    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;

        (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.


(Source: P.A. 99-436, eff. 8-21-15.)
 
    (730 ILCS 169/15)
    (Section scheduled to be repealed on June 30, 2017)

    Sec. 15. Procedure. 

    (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

        (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.


    (h) The State may object to any order permitting release by 
personal recognizance or electronic monitoring.

(Source: P.A. 99-436, eff. 8-21-15.)
 
    (730 ILCS 169/20)
    (Section scheduled to be repealed on June 30, 2017)

    Sec. 20. Repeal. This Act is repealed on June 30, 2019 
2017.

(Source: P.A. 99-436, eff. 8-21-15.)