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| Public Act 099-0724
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| HB6190 Enrolled | LRB099 19890 RLC 44289 b |
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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:
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(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(Section scheduled to be repealed on June 30, 2017)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.)
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(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(Section scheduled to be repealed on June 30, 2017)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 |
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Division of the Circuit Court of Cook County.
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(Source: P.A. 99-436, eff. 8-21-15.)
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(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(Section scheduled to be repealed on June 30, 2017)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 |
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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.)
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(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 |
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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; |
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(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 |
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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.)
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(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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