Bill Text: IL HB3811 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that reasonable fees may be charged for pretrial services, including but not limited to, DNA testing, GPS electronic monitoring, assessments and evaluations related to domestic violence and other victims. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3811 Detail]

Download: Illinois-2009-HB3811-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3811 Introduced 2/25/2009, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-10 from Ch. 38, par. 110-10
Amends the Code of Criminal Procedure of 1963. Provides that reasonable fees may be charged for pretrial services, including but not limited to, DNA testing, GPS electronic monitoring, assessments and evaluations related to domestic violence and other victims. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
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 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 designated by the court to take custody
of and impound the firearms and physically surrender his or

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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 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,

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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;

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(2) Refrain from possessing a firearm or other
dangerous weapon;
(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
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(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

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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)

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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, DNA
testing, GPS electronic monitoring, assessments and

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evaluations related to domestic violence and other
victims, 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 may
impose.
(c) When a person is charged with an offense under Section

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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 dependents.
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

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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
direct;
(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. 94-556, eff. 9-11-05; 94-590, eff. 1-1-06;
95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon

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becoming law.