Bill Text: IL HB5867 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the defense seeks to compel the complaining witness to testify as a witness in its favor in a hearing to deny pretrial release, it shall petition the court for permission. Deletes a provision that when the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness at a hearing to deny pretrial release.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-01-05 - Added Chief Co-Sponsor Rep. Tony McCombie [HB5867 Detail]
Download: Illinois-2021-HB5867-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. References to Act; intent. | |||||||||||||||||||
5 | (a) This Act may be referred to as the Protect Our Victims | |||||||||||||||||||
6 | (POV) Act. | |||||||||||||||||||
7 | (b) In 2022, the Illinois SAFE-T Act was enacted into law. | |||||||||||||||||||
8 | One provision added, enhanced an accused's ability to compel a | |||||||||||||||||||
9 | crime victim to appear at a detention hearing and be subject to | |||||||||||||||||||
10 | cross-examination. These hearings are often conducted within | |||||||||||||||||||
11 | days after the arrest of the accused. The wounds and trauma of | |||||||||||||||||||
12 | the victims are fresh and devastating. We, as a State, have | |||||||||||||||||||
13 | prioritized the rights of crime victims by statute and more | |||||||||||||||||||
14 | importantly by constitutional amendment. In 2014, voters | |||||||||||||||||||
15 | approved the Illinois Crime Victims' Bill of Rights (otherwise | |||||||||||||||||||
16 | known as Marsy's Law). This constitutional provision states | |||||||||||||||||||
17 | that crime victims have a right to be free from harassment, | |||||||||||||||||||
18 | intimidation, and abuse throughout the court process. | |||||||||||||||||||
19 | Subjecting a crime victim to be involuntarily called before a | |||||||||||||||||||
20 | judge in a courtroom with the accused present for a detention | |||||||||||||||||||
21 | hearing serves no purpose other than to traumatize the victim. | |||||||||||||||||||
22 | This Act is consistent with our Constitution and deletes this | |||||||||||||||||||
23 | ill-advised practice from our Code of Criminal Procedure of | |||||||||||||||||||
24 | 1963. Illinois needs to stand-up for the countless victims of |
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1 | crime.
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2 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
3 | amended by changing Section 110-6.1 as follows:
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4 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
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5 | Sec. 110-6.1. Denial of pretrial release.
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6 | (a) Upon verified petition by the State, the court shall | ||||||
7 | hold a hearing and may deny a defendant pretrial release only | ||||||
8 | if: | ||||||
9 | (1) the defendant is charged with
a felony offense | ||||||
10 | other than a forcible felony for which, based on the | ||||||
11 | charge or the defendant's criminal history, a sentence of | ||||||
12 | imprisonment, without probation,
periodic imprisonment or | ||||||
13 | conditional discharge, is required by law upon
conviction, | ||||||
14 | and it is alleged that the defendant's pretrial release | ||||||
15 | poses a real and present threat to the safety of any person | ||||||
16 | or persons or the community, based on the specific | ||||||
17 | articulable facts of the case;
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18 | (1.5) the defendant's pretrial release poses a real | ||||||
19 | and present threat to the safety of any person or persons | ||||||
20 | or the community, based on the specific articulable facts | ||||||
21 | of the case, and the defendant is charged with a forcible | ||||||
22 | felony, which as used in this Section, means treason, | ||||||
23 | first degree murder, second degree murder, predatory | ||||||
24 | criminal sexual assault of a child, aggravated criminal |
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1 | sexual assault, criminal sexual assault, armed robbery, | ||||||
2 | aggravated robbery, robbery, burglary where there is use | ||||||
3 | of force against another person, residential burglary, | ||||||
4 | home invasion, vehicular invasion, aggravated arson, | ||||||
5 | arson, aggravated kidnaping, kidnaping, aggravated battery | ||||||
6 | resulting in great bodily harm or permanent disability or | ||||||
7 | disfigurement or any other felony which involves the | ||||||
8 | threat of or infliction of great bodily harm or permanent | ||||||
9 | disability or disfigurement; | ||||||
10 | (2) the defendant is charged with stalking or | ||||||
11 | aggravated stalking, and it is alleged that the | ||||||
12 | defendant's pre-trial release poses a real and present | ||||||
13 | threat to the safety of a victim of the alleged offense, | ||||||
14 | and denial of release is necessary to prevent fulfillment | ||||||
15 | of the threat upon which the charge is based; | ||||||
16 | (3) the defendant is charged with a violation of an | ||||||
17 | order of protection issued under Section 112A-14 of this | ||||||
18 | Code or Section 214 of the Illinois Domestic Violence Act | ||||||
19 | of 1986, a stalking no contact order under Section 80 of | ||||||
20 | the Stalking No Contact Order Act, or of a civil no contact | ||||||
21 | order under Section 213 of the Civil No Contact Order Act, | ||||||
22 | and it is alleged that the defendant's pretrial release | ||||||
23 | poses a real and present threat to the safety of any person | ||||||
24 | or persons or the community, based on the specific | ||||||
25 | articulable facts of the case; | ||||||
26 | (4) the defendant is charged with domestic battery or |
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1 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
2 | of the Criminal Code of 2012 and it is alleged that the | ||||||
3 | defendant's pretrial release poses a real and present | ||||||
4 | threat to the safety of any person or persons or the | ||||||
5 | community, based on the specific articulable facts of the | ||||||
6 | case; | ||||||
7 | (5) the defendant is charged with any offense under | ||||||
8 | Article 11 of the Criminal Code of 2012, except for | ||||||
9 | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||||||
10 | 11-40, and 11-45 of the Criminal Code of 2012, or similar | ||||||
11 | provisions of the Criminal Code of 1961 and it is alleged | ||||||
12 | that the defendant's pretrial release poses a real and | ||||||
13 | present threat to the safety of any person or persons or | ||||||
14 | the community, based on the specific articulable facts of | ||||||
15 | the case; | ||||||
16 | (6) the defendant is charged with any of the following | ||||||
17 | offenses under the Criminal Code of 2012, and it is | ||||||
18 | alleged that the defendant's pretrial release poses a real | ||||||
19 | and present threat to the safety of any person or persons | ||||||
20 | or the community, based on the specific articulable facts | ||||||
21 | of the case: | ||||||
22 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
23 | firearm); | ||||||
24 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
25 | machine gun or a firearm equipped with a device | ||||||
26 | designed or use for silencing the report of a |
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1 | firearm); | ||||||
2 | (C) Section 24-1.5 (reckless discharge of a | ||||||
3 | firearm); | ||||||
4 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
5 | (E) Section 24-2.2 (manufacture, sale or transfer | ||||||
6 | of bullets or shells represented to be armor piercing | ||||||
7 | bullets, dragon's breath shotgun shells, bolo shells, | ||||||
8 | or flechette shells); | ||||||
9 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
10 | firearms); | ||||||
11 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
12 | firearms on the premises of any school); | ||||||
13 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
14 | liquor license); | ||||||
15 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
16 | firearm); | ||||||
17 | (J) Section 24-3A (gunrunning); | ||||||
18 | (K) Section 24-3B (firearms trafficking); | ||||||
19 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
20 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
21 | of a minor); | ||||||
22 | (N) Section 10-9(d) (trafficking in persons); | ||||||
23 | (O) Non-probationable violations: (i) unlawful use | ||||||
24 | or possession of weapons by felons or persons in the | ||||||
25 | Custody of the Department of Corrections facilities | ||||||
26 | (Section 24-1.1), (ii) aggravated unlawful use of a |
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1 | weapon (Section 24-1.6), or (iii) aggravated | ||||||
2 | possession of a stolen firearm (Section 24-3.9); | ||||||
3 | (P) Section 9-3 (reckless homicide and involuntary | ||||||
4 | manslaughter); | ||||||
5 | (Q) Section 19-3 (residential burglary); | ||||||
6 | (R) Section 10-5 (child abduction); | ||||||
7 | (S) Felony violations of Section 12C-5 (child | ||||||
8 | endangerment); | ||||||
9 | (T) Section 12-7.1 (hate crime); | ||||||
10 | (U) Section 10-3.1 (aggravated unlawful | ||||||
11 | restraint); | ||||||
12 | (V) Section 12-9 (threatening a public official); | ||||||
13 | (W) Subdivision (f)(1) of Section 12-3.05 | ||||||
14 | (aggravated battery with a deadly weapon other than by | ||||||
15 | discharge of a firearm); | ||||||
16 | (6.5) the defendant is charged with any of the | ||||||
17 | following offenses, and it is alleged that the defendant's | ||||||
18 | pretrial release poses a real and present threat to the | ||||||
19 | safety of any person or persons or the community, based on | ||||||
20 | the specific articulable facts of the case: | ||||||
21 | (A) Felony violations of Sections 3.01, 3.02, or | ||||||
22 | 3.03 of the Humane Care for Animals Act (cruel | ||||||
23 | treatment, aggravated cruelty, and animal torture); | ||||||
24 | (B) Subdivision (d)(1)(B) of Section 11-501 of the | ||||||
25 | Illinois Vehicle Code (aggravated driving under the | ||||||
26 | influence while operating a school bus with |
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1 | passengers); | ||||||
2 | (C) Subdivision (d)(1)(C) of Section 11-501 of the | ||||||
3 | Illinois Vehicle Code (aggravated driving under the | ||||||
4 | influence causing great bodily harm); | ||||||
5 | (D) Subdivision (d)(1)(D) of Section 11-501 of the | ||||||
6 | Illinois Vehicle Code (aggravated driving under the | ||||||
7 | influence after a previous reckless homicide | ||||||
8 | conviction); | ||||||
9 | (E) Subdivision (d)(1)(F) of Section 11-501 of the | ||||||
10 | Illinois Vehicle Code (aggravated driving under the | ||||||
11 | influence leading to death); or | ||||||
12 | (F) Subdivision (d)(1)(J) of Section 11-501 of the | ||||||
13 | Illinois Vehicle Code (aggravated driving under the | ||||||
14 | influence that resulted in bodily harm to a child | ||||||
15 | under the age of 16); | ||||||
16 | (7) the defendant is charged with an attempt to commit | ||||||
17 | any charge listed in paragraphs (1) through (6.5), and it | ||||||
18 | is alleged that the defendant's pretrial release poses a | ||||||
19 | real and present threat to the safety of any person or | ||||||
20 | persons or the community, based on the specific | ||||||
21 | articulable facts of the case; or | ||||||
22 | (8) the person has a high likelihood of willful flight | ||||||
23 | to avoid prosecution and is charged with: | ||||||
24 | (A) Any felony described in subdivisions (a)(1) | ||||||
25 | through (a)(7) of this Section; or | ||||||
26 | (B) A felony offense other than a Class 4 offense. |
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1 | (b) If the charged offense is a felony, as part of the | ||||||
2 | detention hearing, the court shall determine whether there is | ||||||
3 | probable cause the defendant has committed an offense, unless | ||||||
4 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
5 | been held or a grand jury has returned a true bill of | ||||||
6 | indictment against the defendant. If there is a finding of no | ||||||
7 | probable cause, the defendant shall be released. No such | ||||||
8 | finding is necessary if the defendant is charged with a | ||||||
9 | misdemeanor. | ||||||
10 | (c) Timing of petition. | ||||||
11 | (1) A petition may be filed without prior notice to | ||||||
12 | the defendant at the
first appearance before a judge, or | ||||||
13 | within the 21 calendar days, except as
provided in Section | ||||||
14 | 110-6, after arrest and release of the defendant upon
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15 | reasonable notice to defendant; provided that while such | ||||||
16 | petition is
pending before the court, the defendant if | ||||||
17 | previously released shall not be
detained.
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18 | (2) Upon filing, the court shall immediately hold a | ||||||
19 | hearing on the petition unless a continuance is requested. | ||||||
20 | If a continuance is requested and granted, the hearing | ||||||
21 | shall be held within 48 hours of the defendant's first | ||||||
22 | appearance if the defendant is charged with first degree | ||||||
23 | murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||||||
24 | and within 24 hours if the defendant is charged with a | ||||||
25 | Class 4 or misdemeanor offense. The Court may deny or | ||||||
26 | grant the request for continuance. If the court decides to |
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1 | grant the continuance, the Court retains the discretion to | ||||||
2 | detain or release the defendant in the time between the | ||||||
3 | filing of the petition and the hearing. | ||||||
4 | (d) Contents of petition. | ||||||
5 | (1) The petition shall be verified by the State and | ||||||
6 | shall state the grounds upon which it contends the | ||||||
7 | defendant should be denied pretrial release, including the | ||||||
8 | real and present threat to the safety of any person or | ||||||
9 | persons or the community, based on the specific | ||||||
10 | articulable facts or flight risk, as appropriate. | ||||||
11 | (2) If the State seeks to file a second or subsequent | ||||||
12 | petition under this Section, the State shall be required | ||||||
13 | to present a verified application setting forth in detail | ||||||
14 | any new facts not known or obtainable at the time of the | ||||||
15 | filing of the previous petition. | ||||||
16 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
17 | for pretrial release, and the State shall bear the burden of | ||||||
18 | proving by clear and convincing evidence that:
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19 | (1) the proof is evident or the presumption great that | ||||||
20 | the defendant has
committed an offense listed in | ||||||
21 | subsection (a), and
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22 | (2) for offenses listed in paragraphs (1) through (7) | ||||||
23 | of subsection (a), the defendant poses a real and present | ||||||
24 | threat to the safety of any person or persons or the | ||||||
25 | community, based on the specific articulable facts of the | ||||||
26 | case, by conduct which may include, but is not limited
to, |
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1 | a forcible felony, the obstruction of justice,
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2 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
3 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
4 | 1986, and
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5 | (3) no condition or combination of conditions set
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6 | forth in subsection (b) of Section 110-10 of this Article | ||||||
7 | can mitigate (i) the real and present threat to the safety | ||||||
8 | of any person or persons or the community, based on the | ||||||
9 | specific articulable facts of the case, for offenses | ||||||
10 | listed in paragraphs (1) through (7) of subsection (a), or | ||||||
11 | (ii) the defendant's willful flight for offenses listed in | ||||||
12 | paragraph (8) of subsection (a), and | ||||||
13 | (4) for offenses under subsection (b) of Section 407 | ||||||
14 | of the Illinois Controlled Substances Act that are subject | ||||||
15 | to paragraph (1) of subsection (a), no condition or | ||||||
16 | combination of conditions set forth in subsection (b) of | ||||||
17 | Section 110-10 of this Article can mitigate the real and | ||||||
18 | present threat to the safety of any person or persons or | ||||||
19 | the community, based on the specific articulable facts of | ||||||
20 | the case, and the defendant poses a serious risk to not | ||||||
21 | appear in court as required.
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22 | (f) Conduct of the hearings.
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23 | (1) Prior
to the hearing, the State shall tender to | ||||||
24 | the defendant copies of
the defendant's criminal history | ||||||
25 | available, any written or
recorded statements, and the | ||||||
26 | substance of any oral statements made by
any person, if |
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1 | relied upon by the State in its petition, and any police
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2 | reports in the prosecutor's possession at the time of the | ||||||
3 | hearing.
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4 | (2) The State or defendant may present evidence at the | ||||||
5 | hearing by way of proffer based upon reliable
information. | ||||||
6 | (3) The defendant has the right to
be represented by | ||||||
7 | counsel, and if he or she is indigent, to have counsel | ||||||
8 | appointed
for him or her. The defendant shall have the | ||||||
9 | opportunity to testify, to present
witnesses on his or her | ||||||
10 | own behalf, and to cross-examine any witnesses that are
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11 | called by the State. Defense counsel shall be given | ||||||
12 | adequate opportunity to confer with the defendant before | ||||||
13 | any hearing at which conditions of release or the | ||||||
14 | detention of the defendant are to be considered, with an | ||||||
15 | accommodation for a physical condition made to facilitate | ||||||
16 | attorney/client consultation. If defense counsel needs to | ||||||
17 | confer or consult with the defendant during any hearing | ||||||
18 | conducted via a two-way audio-visual communication system, | ||||||
19 | such consultation shall not be recorded and shall be | ||||||
20 | undertaken consistent with constitutional protections. | ||||||
21 | (3.5) A hearing at which pretrial release may be | ||||||
22 | denied must be conducted in person (and not by way of | ||||||
23 | two-way audio visual communication) unless the accused | ||||||
24 | waives the right to be present physically in court, the | ||||||
25 | court determines that the physical health and safety of | ||||||
26 | any person necessary to the proceedings would be |
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1 | endangered by appearing in court, or the chief judge of | ||||||
2 | the circuit orders use of that system due to operational | ||||||
3 | challenges in conducting the hearing in person. Such | ||||||
4 | operational challenges must be documented and approved by | ||||||
5 | the chief judge of the circuit, and a plan to address the | ||||||
6 | challenges through reasonable efforts must be presented | ||||||
7 | and approved by the Administrative Office of the Illinois | ||||||
8 | Courts every 6 months. | ||||||
9 | (4) If the defense seeks to compel the complaining | ||||||
10 | witness to testify as a witness in its favor, it shall | ||||||
11 | petition the court for permission. When the ends of | ||||||
12 | justice so require, the court may exercise
its discretion | ||||||
13 | and compel the appearance of a complaining
witness. The | ||||||
14 | court shall state on the record reasons for granting a
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15 | defense request to compel the presence of a complaining | ||||||
16 | witness only on the issue of the defendant's pretrial | ||||||
17 | detention. In making a determination under this Section, | ||||||
18 | the court shall state on the record the reason for | ||||||
19 | granting a defense request to compel the presence of a | ||||||
20 | complaining witness, and only grant the request if the | ||||||
21 | court finds by clear and convincing evidence that the | ||||||
22 | defendant will be materially prejudiced if the complaining | ||||||
23 | witness does not appear.
Cross-examination of a | ||||||
24 | complaining witness at the pretrial detention hearing
for | ||||||
25 | the purpose of impeaching the witness' credibility is | ||||||
26 | insufficient reason
to compel the presence of the witness. |
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1 | In deciding whether to compel the
appearance of a | ||||||
2 | complaining witness, the court shall be considerate of the
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3 | emotional and physical well-being of the witness. The | ||||||
4 | pre-trial detention
hearing is not to be used for purposes | ||||||
5 | of discovery, and the post
arraignment rules of discovery | ||||||
6 | do not apply. The State shall tender to the defendant, | ||||||
7 | prior to the hearing, copies, if any, of the defendant's | ||||||
8 | criminal history, if available, and any written or | ||||||
9 | recorded statements and the substance of any oral | ||||||
10 | statements made by any person, if in the State's | ||||||
11 | Attorney's possession at the time of the hearing. | ||||||
12 | (5) The rules concerning the admissibility of evidence | ||||||
13 | in
criminal trials do not apply to the presentation and | ||||||
14 | consideration of
information at the hearing. At the trial | ||||||
15 | concerning the offense for which
the hearing was conducted | ||||||
16 | neither the finding of the court nor any
transcript or | ||||||
17 | other record of the hearing shall be admissible in the
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18 | State's case-in-chief, but shall be admissible for | ||||||
19 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
20 | Code, or in a perjury proceeding.
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21 | (6) The defendant may not move to suppress evidence or | ||||||
22 | a
confession, however, evidence that proof of the charged | ||||||
23 | crime may have been
the result of an unlawful search or | ||||||
24 | seizure, or both, or through
improper interrogation, is | ||||||
25 | relevant in assessing the weight of the evidence against | ||||||
26 | the defendant. |
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1 | (7) Decisions regarding release, conditions of | ||||||
2 | release, and detention prior to trial must be | ||||||
3 | individualized, and no single factor or standard may be | ||||||
4 | used exclusively to order detention. Risk assessment tools | ||||||
5 | may not be used as the sole basis to deny pretrial release.
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6 | (g) Factors to be considered in making a determination of | ||||||
7 | dangerousness.
The court may, in determining whether the | ||||||
8 | defendant poses a real and present threat to the safety of any | ||||||
9 | person or persons or the community, based on the specific | ||||||
10 | articulable facts of the case, consider, but
shall not be | ||||||
11 | limited to, evidence or testimony concerning:
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12 | (1) The nature and circumstances of any offense | ||||||
13 | charged, including
whether the offense is a crime of | ||||||
14 | violence, involving a weapon, or a sex offense.
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15 | (2) The history and characteristics of the defendant | ||||||
16 | including:
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17 | (A) Any evidence of the defendant's prior criminal | ||||||
18 | history indicative of
violent, abusive or assaultive | ||||||
19 | behavior, or lack of such behavior. Such
evidence may | ||||||
20 | include testimony or documents received in juvenile
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21 | proceedings, criminal, quasi-criminal, civil | ||||||
22 | commitment, domestic relations,
or other proceedings.
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23 | (B) Any evidence of the defendant's psychological, | ||||||
24 | psychiatric or other
similar social history which | ||||||
25 | tends to indicate a violent, abusive, or
assaultive | ||||||
26 | nature, or lack of any such history.
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1 | (3) The identity of any person or persons to whose | ||||||
2 | safety the defendant
is believed to pose a threat, and the | ||||||
3 | nature of the threat.
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4 | (4) Any statements made by, or attributed to the | ||||||
5 | defendant, together with
the circumstances surrounding | ||||||
6 | them.
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7 | (5) The age and physical condition of the defendant.
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8 | (6) The age and physical condition of any victim or | ||||||
9 | complaining witness. | ||||||
10 | (7) Whether the defendant is known to possess or have | ||||||
11 | access to any
weapon or weapons.
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12 | (8) Whether, at the time of the current offense or any | ||||||
13 | other offense or
arrest, the defendant was on probation, | ||||||
14 | parole, aftercare release, mandatory supervised
release or | ||||||
15 | other release from custody pending trial, sentencing, | ||||||
16 | appeal or
completion of sentence for an offense under | ||||||
17 | federal or state law.
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18 | (9) Any other factors, including those listed in | ||||||
19 | Section 110-5 of this
Article deemed by the court to have a | ||||||
20 | reasonable bearing upon the
defendant's propensity or | ||||||
21 | reputation for violent, abusive, or assaultive
behavior, | ||||||
22 | or lack of such behavior.
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23 | (h) Detention order. The court shall, in any order for | ||||||
24 | detention:
| ||||||
25 | (1) make a written finding summarizing the court's
| ||||||
26 | reasons for concluding that the defendant should be denied |
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1 | pretrial release, including why less restrictive | ||||||
2 | conditions would not avoid a real and present threat to | ||||||
3 | the safety of any person or persons or the community, | ||||||
4 | based on the specific articulable facts of the case, or | ||||||
5 | prevent the defendant's willful flight from prosecution;
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6 | (2) direct that the defendant be committed to the | ||||||
7 | custody of the sheriff
for confinement in the county jail | ||||||
8 | pending trial;
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9 | (3) direct that the defendant be given a reasonable | ||||||
10 | opportunity for
private consultation with counsel, and for | ||||||
11 | communication with others of his
or her choice by | ||||||
12 | visitation, mail and telephone; and
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13 | (4) direct that the sheriff deliver the defendant as | ||||||
14 | required for
appearances in connection with court | ||||||
15 | proceedings.
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16 | (i) Detention. If the court enters an order for the | ||||||
17 | detention of the defendant
pursuant to subsection (e) of this | ||||||
18 | Section, the defendant
shall be brought to trial on the | ||||||
19 | offense for which he is
detained within 90 days after the date | ||||||
20 | on which the order for detention was
entered. If the defendant | ||||||
21 | is not brought to trial within the 90-day period
required by | ||||||
22 | the preceding sentence, he shall not be denied pretrial | ||||||
23 | release. In computing the 90-day period, the court shall omit | ||||||
24 | any period of
delay resulting from a continuance granted at | ||||||
25 | the request of the defendant and any period of delay resulting | ||||||
26 | from a continuance granted at the request of the State with |
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1 | good cause shown pursuant to Section 103-5.
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2 | (i-5) At each subsequent appearance of the defendant | ||||||
3 | before the court, the judge must find that continued detention | ||||||
4 | is necessary to avoid a real and present threat to the safety | ||||||
5 | of any person or persons or the community, based on the | ||||||
6 | specific articulable facts of the case, or to prevent the | ||||||
7 | defendant's willful flight from prosecution. | ||||||
8 | (j) Rights of the defendant. The defendant shall be | ||||||
9 | entitled to appeal any
order entered under this Section | ||||||
10 | denying his or her pretrial release.
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11 | (k) Appeal. The State may appeal any order entered under | ||||||
12 | this Section denying any
motion for denial of pretrial | ||||||
13 | release.
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14 | (l) Presumption of innocence. Nothing in this Section | ||||||
15 | shall be construed as modifying or limiting
in any way the | ||||||
16 | defendant's presumption of innocence in further criminal
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17 | proceedings. | ||||||
18 | (m) Interest of victims. | ||||||
19 | (1) Crime victims shall be given notice by the State's | ||||||
20 | Attorney's office of this hearing as required in paragraph (1) | ||||||
21 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
22 | and Witnesses Act and shall be informed of their opportunity | ||||||
23 | at this hearing to obtain a protective order.
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24 | (2) If the defendant is denied pretrial release, the court | ||||||
25 | may impose a no contact provision with the victim or other | ||||||
26 | interested party that shall be enforced while the defendant |
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1 | remains in custody. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23 .)
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