IL
Illinois House Bill HB4482

Illinois 2023-2024 Regular Session

Illinois House Bill HB4482 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4482 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5 Amends the Code of Criminal Procedure of 1963. In the provision that states if a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention, provides that the 48-hour time limit does not apply if the person has been found to be in need of mental health treatment or services upon release. Provides that the court shall hold a hearing every 7 to 10 days of the person's pretrial detention to be reevaluated every 7 to 10 days until adequate mental health treatment or services may be obtained after the defendant's release from pretrial detention. LRB103 36505 RLC 66611 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4482 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5 from Ch. 38, par. 110-5 Amends the Code of Criminal Procedure of 1963. In the provision that states if a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention, provides that the 48-hour time limit does not apply if the person has been found to be in need of mental health treatment or services upon release. Provides that the court shall hold a hearing every 7 to 10 days of the person's pretrial detention to be reevaluated every 7 to 10 days until adequate mental health treatment or services may be obtained after the defendant's release from pretrial detention. LRB103 36505 RLC 66611 b LRB103 36505 RLC 66611 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4482 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5 from Ch. 38, par. 110-5
44 725 ILCS 5/110-5 from Ch. 38, par. 110-5
55 Amends the Code of Criminal Procedure of 1963. In the provision that states if a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention, provides that the 48-hour time limit does not apply if the person has been found to be in need of mental health treatment or services upon release. Provides that the court shall hold a hearing every 7 to 10 days of the person's pretrial detention to be reevaluated every 7 to 10 days until adequate mental health treatment or services may be obtained after the defendant's release from pretrial detention.
66 LRB103 36505 RLC 66611 b LRB103 36505 RLC 66611 b
77 LRB103 36505 RLC 66611 b
88 A BILL FOR
99 HB4482LRB103 36505 RLC 66611 b HB4482 LRB103 36505 RLC 66611 b
1010 HB4482 LRB103 36505 RLC 66611 b
1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Criminal Procedure of 1963 is
1515 5 amended by changing Section 110-5 as follows:
1616 6 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
1717 7 Sec. 110-5. Determining the amount of bail and conditions
1818 8 of release.
1919 9 (a) In determining which conditions of pretrial release,
2020 10 if any, will reasonably ensure the appearance of a defendant
2121 11 as required or the safety of any other person or the community
2222 12 and the likelihood of compliance by the defendant with all the
2323 13 conditions of pretrial release, the court shall, on the basis
2424 14 of available information, take into account such matters as:
2525 15 (1) the nature and circumstances of the offense
2626 16 charged;
2727 17 (2) the weight of the evidence against the defendant,
2828 18 except that the court may consider the admissibility of
2929 19 any evidence sought to be excluded;
3030 20 (3) the history and characteristics of the defendant,
3131 21 including:
3232 22 (A) the defendant's character, physical and mental
3333 23 condition, family ties, employment, financial
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4482 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
3838 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5 from Ch. 38, par. 110-5
3939 725 ILCS 5/110-5 from Ch. 38, par. 110-5
4040 Amends the Code of Criminal Procedure of 1963. In the provision that states if a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention, provides that the 48-hour time limit does not apply if the person has been found to be in need of mental health treatment or services upon release. Provides that the court shall hold a hearing every 7 to 10 days of the person's pretrial detention to be reevaluated every 7 to 10 days until adequate mental health treatment or services may be obtained after the defendant's release from pretrial detention.
4141 LRB103 36505 RLC 66611 b LRB103 36505 RLC 66611 b
4242 LRB103 36505 RLC 66611 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 725 ILCS 5/110-5 from Ch. 38, par. 110-5
5050
5151
5252
5353 LRB103 36505 RLC 66611 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB4482 LRB103 36505 RLC 66611 b
6464
6565
6666 HB4482- 2 -LRB103 36505 RLC 66611 b HB4482 - 2 - LRB103 36505 RLC 66611 b
6767 HB4482 - 2 - LRB103 36505 RLC 66611 b
6868 1 resources, length of residence in the community,
6969 2 community ties, past relating to drug or alcohol
7070 3 abuse, conduct, history criminal history, and record
7171 4 concerning appearance at court proceedings; and
7272 5 (B) whether, at the time of the current offense or
7373 6 arrest, the defendant was on probation, parole, or on
7474 7 other release pending trial, sentencing, appeal, or
7575 8 completion of sentence for an offense under federal
7676 9 law, or the law of this or any other state;
7777 10 (4) the nature and seriousness of the real and present
7878 11 threat to the safety of any person or persons or the
7979 12 community, based on the specific articulable facts of the
8080 13 case, that would be posed by the defendant's release, if
8181 14 applicable, as required under paragraph (7.5) of Section 4
8282 15 of the Rights of Crime Victims and Witnesses Act;
8383 16 (5) the nature and seriousness of the risk of
8484 17 obstructing or attempting to obstruct the criminal justice
8585 18 process that would be posed by the defendant's release, if
8686 19 applicable;
8787 20 (6) when a person is charged with a violation of a
8888 21 protective order, domestic battery, aggravated domestic
8989 22 battery, kidnapping, aggravated kidnaping, unlawful
9090 23 restraint, aggravated unlawful restraint, cyberstalking,
9191 24 harassment by telephone, harassment through electronic
9292 25 communications, or an attempt to commit first degree
9393 26 murder committed against a spouse or a current or former
9494
9595
9696
9797
9898
9999 HB4482 - 2 - LRB103 36505 RLC 66611 b
100100
101101
102102 HB4482- 3 -LRB103 36505 RLC 66611 b HB4482 - 3 - LRB103 36505 RLC 66611 b
103103 HB4482 - 3 - LRB103 36505 RLC 66611 b
104104 1 partner in a cohabitation or dating relationship,
105105 2 regardless of whether an order of protection has been
106106 3 issued against the person, the court may consider the
107107 4 following additional factors:
108108 5 (A) whether the alleged incident involved
109109 6 harassment or abuse, as defined in the Illinois
110110 7 Domestic Violence Act of 1986;
111111 8 (B) whether the person has a history of domestic
112112 9 violence, as defined in the Illinois Domestic Violence
113113 10 Act of 1986, or a history of other criminal acts;
114114 11 (C) the mental health of the person;
115115 12 (D) whether the person has a history of violating
116116 13 the orders of any court or governmental entity;
117117 14 (E) whether the person has been, or is,
118118 15 potentially a threat to any other person;
119119 16 (F) whether the person has access to deadly
120120 17 weapons or a history of using deadly weapons;
121121 18 (G) whether the person has a history of abusing
122122 19 alcohol or any controlled substance;
123123 20 (H) the severity of the alleged incident that is
124124 21 the basis of the alleged offense, including, but not
125125 22 limited to, the duration of the current incident, and
126126 23 whether the alleged incident involved the use of a
127127 24 weapon, physical injury, sexual assault,
128128 25 strangulation, abuse during the alleged victim's
129129 26 pregnancy, abuse of pets, or forcible entry to gain
130130
131131
132132
133133
134134
135135 HB4482 - 3 - LRB103 36505 RLC 66611 b
136136
137137
138138 HB4482- 4 -LRB103 36505 RLC 66611 b HB4482 - 4 - LRB103 36505 RLC 66611 b
139139 HB4482 - 4 - LRB103 36505 RLC 66611 b
140140 1 access to the alleged victim;
141141 2 (I) whether a separation of the person from the
142142 3 victim of abuse or a termination of the relationship
143143 4 between the person and the victim of abuse has
144144 5 recently occurred or is pending;
145145 6 (J) whether the person has exhibited obsessive or
146146 7 controlling behaviors toward the victim of abuse,
147147 8 including, but not limited to, stalking, surveillance,
148148 9 or isolation of the victim of abuse or the victim's
149149 10 family member or members;
150150 11 (K) whether the person has expressed suicidal or
151151 12 homicidal ideations; and
152152 13 (L) any other factors deemed by the court to have a
153153 14 reasonable bearing upon the defendant's propensity or
154154 15 reputation for violent, abusive, or assaultive
155155 16 behavior, or lack of that behavior.
156156 17 (7) in cases of stalking or aggravated stalking under
157157 18 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
158158 19 court may consider the factors listed in paragraph (6) and
159159 20 the following additional factors:
160160 21 (A) any evidence of the defendant's prior criminal
161161 22 history indicative of violent, abusive or assaultive
162162 23 behavior, or lack of that behavior; the evidence may
163163 24 include testimony or documents received in juvenile
164164 25 proceedings, criminal, quasi-criminal, civil
165165 26 commitment, domestic relations, or other proceedings;
166166
167167
168168
169169
170170
171171 HB4482 - 4 - LRB103 36505 RLC 66611 b
172172
173173
174174 HB4482- 5 -LRB103 36505 RLC 66611 b HB4482 - 5 - LRB103 36505 RLC 66611 b
175175 HB4482 - 5 - LRB103 36505 RLC 66611 b
176176 1 (B) any evidence of the defendant's psychological,
177177 2 psychiatric, or other similar social history that
178178 3 tends to indicate a violent, abusive, or assaultive
179179 4 nature, or lack of any such history;
180180 5 (C) the nature of the threat that is the basis of
181181 6 the charge against the defendant;
182182 7 (D) any statements made by, or attributed to, the
183183 8 defendant, together with the circumstances surrounding
184184 9 them;
185185 10 (E) the age and physical condition of any person
186186 11 allegedly assaulted by the defendant;
187187 12 (F) whether the defendant is known to possess or
188188 13 have access to any weapon or weapons; and
189189 14 (G) any other factors deemed by the court to have a
190190 15 reasonable bearing upon the defendant's propensity or
191191 16 reputation for violent, abusive, or assaultive
192192 17 behavior, or lack of that behavior.
193193 18 (b) The court may use a regularly validated risk
194194 19 assessment tool to aid its determination of appropriate
195195 20 conditions of release as provided under Section 110-6.4. If a
196196 21 risk assessment tool is used, the defendant's counsel shall be
197197 22 provided with the information and scoring system of the risk
198198 23 assessment tool used to arrive at the determination. The
199199 24 defendant retains the right to challenge the validity of a
200200 25 risk assessment tool used by the court and to present evidence
201201 26 relevant to the defendant's challenge.
202202
203203
204204
205205
206206
207207 HB4482 - 5 - LRB103 36505 RLC 66611 b
208208
209209
210210 HB4482- 6 -LRB103 36505 RLC 66611 b HB4482 - 6 - LRB103 36505 RLC 66611 b
211211 HB4482 - 6 - LRB103 36505 RLC 66611 b
212212 1 (c) The court shall impose any conditions that are
213213 2 mandatory under subsection (a) of Section 110-10. The court
214214 3 may impose any conditions that are permissible under
215215 4 subsection (b) of Section 110-10. The conditions of release
216216 5 imposed shall be the least restrictive conditions or
217217 6 combination of conditions necessary to reasonably ensure the
218218 7 appearance of the defendant as required or the safety of any
219219 8 other person or persons or the community.
220220 9 (d) When a person is charged with a violation of a
221221 10 protective order, the court may order the defendant placed
222222 11 under electronic surveillance as a condition of pretrial
223223 12 release, as provided in Section 5-8A-7 of the Unified Code of
224224 13 Corrections, based on the information collected under
225225 14 paragraph (6) of subsection (a) of this Section, the results
226226 15 of any assessment conducted, or other circumstances of the
227227 16 violation.
228228 17 (e) If a person remains in pretrial detention 48 hours
229229 18 after having been ordered released with pretrial conditions,
230230 19 the court shall hold a hearing to determine the reason for
231231 20 continued detention. If the reason for continued detention is
232232 21 due to the unavailability or the defendant's ineligibility for
233233 22 one or more pretrial conditions previously ordered by the
234234 23 court or directed by a pretrial services agency, the court
235235 24 shall reopen the conditions of release hearing to determine
236236 25 what available pretrial conditions exist that will reasonably
237237 26 ensure the appearance of a defendant as required, the safety
238238
239239
240240
241241
242242
243243 HB4482 - 6 - LRB103 36505 RLC 66611 b
244244
245245
246246 HB4482- 7 -LRB103 36505 RLC 66611 b HB4482 - 7 - LRB103 36505 RLC 66611 b
247247 HB4482 - 7 - LRB103 36505 RLC 66611 b
248248 1 of any other person, and the likelihood of compliance by the
249249 2 defendant with all the conditions of pretrial release. The
250250 3 inability of the defendant to pay for a condition of release or
251251 4 any other ineligibility for a condition of pretrial release
252252 5 shall not be used as a justification for the pretrial
253253 6 detention of that defendant. The 48-hour time limit does not
254254 7 apply if the person has been found to be in need of mental
255255 8 health treatment or services upon release. The court shall
256256 9 hold a hearing every 7 to 10 days of the person's pretrial
257257 10 detention to be reevaluated every 7 to 10 days until adequate
258258 11 mental health treatment or services may be obtained after the
259259 12 defendant's release from pretrial detention.
260260 13 (f) Prior to the defendant's first appearance, and with
261261 14 sufficient time for meaningful attorney-client contact to
262262 15 gather information in order to advocate effectively for the
263263 16 defendant's pretrial release, the court shall appoint the
264264 17 public defender or a licensed attorney at law of this State to
265265 18 represent the defendant for purposes of that hearing, unless
266266 19 the defendant has obtained licensed counsel. Defense counsel
267267 20 shall have access to the same documentary information relied
268268 21 upon by the prosecution and presented to the court.
269269 22 (f-5) At each subsequent appearance of the defendant
270270 23 before the court, the judge must find that the current
271271 24 conditions imposed are necessary to reasonably ensure the
272272 25 appearance of the defendant as required, the safety of any
273273 26 other person, and the compliance of the defendant with all the
274274
275275
276276
277277
278278
279279 HB4482 - 7 - LRB103 36505 RLC 66611 b
280280
281281
282282 HB4482- 8 -LRB103 36505 RLC 66611 b HB4482 - 8 - LRB103 36505 RLC 66611 b
283283 HB4482 - 8 - LRB103 36505 RLC 66611 b
284284 1 conditions of pretrial release. The court is not required to
285285 2 be presented with new information or a change in circumstance
286286 3 to remove pretrial conditions.
287287 4 (g) Electronic monitoring, GPS monitoring, or home
288288 5 confinement can only be imposed as a condition of pretrial
289289 6 release if a no less restrictive condition of release or
290290 7 combination of less restrictive condition of release would
291291 8 reasonably ensure the appearance of the defendant for later
292292 9 hearings or protect an identifiable person or persons from
293293 10 imminent threat of serious physical harm.
294294 11 (h) If the court imposes electronic monitoring, GPS
295295 12 monitoring, or home confinement, the court shall set forth in
296296 13 the record the basis for its finding. A defendant shall be
297297 14 given custodial credit for each day he or she was subjected to
298298 15 home confinement, at the same rate described in subsection (b)
299299 16 of Section 5-4.5-100 of the Unified Code of Corrections. The
300300 17 court may give custodial credit to a defendant for each day the
301301 18 defendant was subjected to GPS monitoring without home
302302 19 confinement or electronic monitoring without home confinement.
303303 20 (i) If electronic monitoring, GPS monitoring, or home
304304 21 confinement is imposed, the court shall determine every 60
305305 22 days if no less restrictive condition of release or
306306 23 combination of less restrictive conditions of release would
307307 24 reasonably ensure the appearance, or continued appearance, of
308308 25 the defendant for later hearings or protect an identifiable
309309 26 person or persons from imminent threat of serious physical
310310
311311
312312
313313
314314
315315 HB4482 - 8 - LRB103 36505 RLC 66611 b
316316
317317
318318 HB4482- 9 -LRB103 36505 RLC 66611 b HB4482 - 9 - LRB103 36505 RLC 66611 b
319319 HB4482 - 9 - LRB103 36505 RLC 66611 b
320320
321321
322322
323323
324324
325325 HB4482 - 9 - LRB103 36505 RLC 66611 b