Bill Text: IL HB4482 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4482 Detail]

Download: Illinois-2023-HB4482-Introduced.html

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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.
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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 110-5 as follows:
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining which conditions of pretrial release,
if any, will reasonably ensure the appearance of a defendant
as required or the safety of any other person or the community
and the likelihood of compliance by the defendant with all the
conditions of pretrial release, the court shall, on the basis
of available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the defendant,
except that the court may consider the admissibility of
any evidence sought to be excluded;
(3) the history and characteristics of the defendant,
including:
(A) the defendant's character, physical and mental
condition, family ties, employment, financial

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resources, length of residence in the community,
community ties, past relating to drug or alcohol
abuse, conduct, history criminal history, and record
concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the defendant was on probation, parole, or on
other release pending trial, sentencing, appeal, or
completion of sentence for an offense under federal
law, or the law of this or any other state;
(4) the nature and seriousness of the real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, that would be posed by the defendant's release, if
applicable, as required under paragraph (7.5) of Section 4
of the Rights of Crime Victims and Witnesses Act;
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the defendant's release, if
applicable;
(6) when a person is charged with a violation of a
protective order, domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful
restraint, aggravated unlawful restraint, cyberstalking,
harassment by telephone, harassment through electronic
communications, or an attempt to commit first degree
murder committed against a spouse or a current or former

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partner in a cohabitation or dating relationship,
regardless of whether an order of protection has been
issued against the person, the court may consider the
following additional factors:
(A) whether the alleged incident involved
harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(B) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act of 1986, or a history of other criminal acts;
(C) the mental health of the person;
(D) whether the person has a history of violating
the orders of any court or governmental entity;
(E) whether the person has been, or is,
potentially a threat to any other person;
(F) whether the person has access to deadly
weapons or a history of using deadly weapons;
(G) whether the person has a history of abusing
alcohol or any controlled substance;
(H) the severity of the alleged incident that is
the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a
weapon, physical injury, sexual assault,
strangulation, abuse during the alleged victim's
pregnancy, abuse of pets, or forcible entry to gain

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access to the alleged victim;
(I) whether a separation of the person from the
victim of abuse or a termination of the relationship
between the person and the victim of abuse has
recently occurred or is pending;
(J) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance,
or isolation of the victim of abuse or the victim's
family member or members;
(K) whether the person has expressed suicidal or
homicidal ideations; and
(L) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(7) in cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the factors listed in paragraph (6) and
the following additional factors:
(A) any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior; the evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings;

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(B) any evidence of the defendant's psychological,
psychiatric, or other similar social history that
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history;
(C) the nature of the threat that is the basis of
the charge against the defendant;
(D) any statements made by, or attributed to, the
defendant, together with the circumstances surrounding
them;
(E) the age and physical condition of any person
allegedly assaulted by the defendant;
(F) whether the defendant is known to possess or
have access to any weapon or weapons; and
(G) any other factors deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive
behavior, or lack of that behavior.
(b) The court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided under Section 110-6.4. If a
risk assessment tool is used, the defendant's counsel shall be
provided with the information and scoring system of the risk
assessment tool used to arrive at the determination. The
defendant retains the right to challenge the validity of a
risk assessment tool used by the court and to present evidence
relevant to the defendant's challenge.

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(c) The court shall impose any conditions that are
mandatory under subsection (a) of Section 110-10. The court
may impose any conditions that are permissible under
subsection (b) of Section 110-10. The conditions of release
imposed shall be the least restrictive conditions or
combination of conditions necessary to reasonably ensure the
appearance of the defendant as required or the safety of any
other person or persons or the community.
(d) When a person is charged with a violation of a
protective order, the court may order the defendant placed
under electronic surveillance as a condition of pretrial
release, as provided in Section 5-8A-7 of the Unified Code of
Corrections, based on the information collected under
paragraph (6) of subsection (a) of this Section, the results
of any assessment conducted, or other circumstances of the
violation.
(e) 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. If the reason for continued detention is
due to the unavailability or the defendant's ineligibility for
one or more pretrial conditions previously ordered by the
court or directed by a pretrial services agency, the court
shall reopen the conditions of release hearing to determine
what available pretrial conditions exist that will reasonably
ensure the appearance of a defendant as required, the safety

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of any other person, and the likelihood of compliance by the
defendant with all the conditions of pretrial release. The
inability of the defendant to pay for a condition of release or
any other ineligibility for a condition of pretrial release
shall not be used as a justification for the pretrial
detention of that defendant. 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. 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.
(f) Prior to the defendant's first appearance, and with
sufficient time for meaningful attorney-client contact to
gather information in order to advocate effectively for the
defendant's pretrial release, the court shall appoint the
public defender or a licensed attorney at law of this State to
represent the defendant for purposes of that hearing, unless
the defendant has obtained licensed counsel. Defense counsel
shall have access to the same documentary information relied
upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant
before the court, the judge must find that the current
conditions imposed are necessary to reasonably ensure the
appearance of the defendant as required, the safety of any
other person, and the compliance of the defendant with all the

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conditions of pretrial release. The court is not required to
be presented with new information or a change in circumstance
to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a condition of pretrial
release if a no less restrictive condition of release or
combination of less restrictive condition of release would
reasonably ensure the appearance of the defendant for later
hearings or protect an identifiable person or persons from
imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement, the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
home confinement, at the same rate described in subsection (b)
of Section 5-4.5-100 of the Unified Code of Corrections. The
court may give custodial credit to a defendant for each day the
defendant was subjected to GPS monitoring without home
confinement or electronic monitoring without home confinement.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical

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