SB 1706 — CRIM PRO-BAIL-RISK ASSESSMENT

*LRB09610309RLC20479b* SB1706 96THEngrossed GENERALLRB096 ASSEMBLY10309 StateRLC of20479 Illinoisb andAN 2010ACT SB1706concerning Introducedcriminal 2/19/2009,law. by Sen.

Kwame Raoul SYNOPSIS AS INTRODUCED:

ILCS 5/110-5 from Ch.

38, par.

110-5 Amends the Code of Criminal Procedure of 1963.

Provides that as a condition of bail, the court may order that a person charged with an minor, undergo a risk assessment evaluation at an Illinois Department of Human Services protocol approved partner abuse intervention program, even if the person charged is not related to the victim, if the court feels the person charged could be a danger to members of his or her household or family.

LRB096 10309 RLC 20479 b A BILL FOR SB1706 LRB096 10309 RLC 20479 b AN ACT concerning criminal law.

The CodeJuvenile ofCourt CriminalAct Procedure of 19631987 is amended by changing SectionSections 110-55-410 and 5-740 as follows:

(725(705 ILCS 5/110-5)405/5-410) (fromSec. Ch.

38,5-410. par.

110-5)Non-secure Sec.custody or detention.

110-5.(1) Any minor arrested or taken into custody pursuant to this Act who requires care away from his or her home but who does not require secured custody pursuant to paragraph (a) of subsection (2) physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court.

Determining(2) (a) Any minor 10 years of age or older arrested pursuant to this Act where there is probable cause to believe that the amountminor is a delinquent minor and that (i) secured custody is a matter of bailimmediate and conditionsurgent necessity for the protection of release.the minor or of the person or property of another, (ii) the minor is likely to flee the jurisdiction of the court, or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility.

(a)No Inminor determining the amount of monetary bail or conditions of release, if any, which will reasonably assure 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 bail, the court shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, whether the evidence shows that as part of the offense there was a use of violence or threatened use of violence, whether the offense involved corruption of public officials or employees, whether there was physical harm or threats of physical harm to any public official, public employee, judge, prosecutor, juror or witness, senior citizen, child or handicapped person, whether evidence shows that during the offense or during the arrest the defendant possessed or used a SB1706 - 2 - LRB096 10309 RLC 20479 b firearm, machine gun, explosive or metal piercing ammunition or explosive bomb device or any military or paramilitary armament, whether the evidence shows that the offense committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, the condition of the victim, any written statement submitted by the victim or proffer or representation by the State regarding the impact which the alleged criminal conduct has had on the victim and the victim's concern, if any, with further contact with the defendant if released on bail, whether the offense was based on racial, religious, sexual orientation or ethnic hatred, the likelihood of the filing of a greater charge, the likelihood of conviction, the sentence applicable upon conviction, the weight of the evidence against such defendant, whether there exists motivation or ability to flee, whether there is any verification as to prior residence, education, or family ties in the local jurisdiction, in another county, state or foreign country, the defendant's employment, financial resources, character and mental condition, past conduct, prior use of alias names or dates of birth, and length of residence in the community, the consent of the defendant to periodic drug testing in accordance with Section 110-6.5, whether a foreign national defendant is lawfully admitted in the United States of America, whether the government of the foreign national maintains an extradition treaty with the United States by which SB1706 - 3 - LRB096 10309 RLC 20479 b the foreign government will extradite to the United States its national for a trial for a crime allegedly committed in the United States, whether the defendant is currently subject to deportation or exclusion under the12 immigration laws of the United States, whether the defendant, although a United States citizen, is considered under the law of any foreign state a national of that state for the purposes of extradition or non-extradition to the United States, the amount of unrecovered proceeds lost as a result of the alleged offense, the source of bail funds tendered or sought to be tendered for bail, whether from the totality of the court's consideration, the loss of funds posted or sought to be posted for bail will not deter the defendant from flight, whether the evidence shows that the defendant is engaged in significant possession, manufacture, or delivery of a controlled substance or cannabis, either individually or in consort with others, whether at the time of the offense charged he was on bond or pre-trial release pending trial, probation, periodic imprisonment or conditional discharge pursuant to this Code or the comparable Code of any other state or federal jurisdiction, whether the defendant is on bond or pre-trial release pending the imposition or execution of sentence or appeal of sentence for any offense under the laws of Illinois or any other state or federal jurisdiction, whether the defendant is under parole or mandatory supervised release or work release from the Illinois Department of Corrections or any penal institution or SB1706 - 4 - LRB096 10309 RLC 20479 b corrections department of any state or federal jurisdiction, the defendant's record of convictions, whether the defendant has been convicted of a misdemeanor or ordinance offense in Illinois or similar offense in other state or federal jurisdiction within the 10 years preceding the current charge or convicted of aage felonyshall in Illinois, whether the defendant was convicted of an offense in another state or federal jurisdiction that would be adetained felony if committed in Illinois within the 20 years preceding the current charge or has been convicted of such felony and released from the penitentiary within 20 years preceding the current charge if a penitentiarycounty sentencejail was imposed in Illinois or other state or federal jurisdiction, the defendant's records of juvenile adjudication of delinquency in any jurisdiction, any record of appearance or failure to appear by the defendant at court proceedings, whether there was flight to avoid arrest or prosecution, whether the defendant escaped or attempted to escape to avoid arrest, whether the defendant refused to identify himself, or whether there was a refusalmunicipal bylockup thefor defendantmore tothan be6 fingerprintedhours. as required by law.

InformationWhere usedSB1706 byEngrossed the- 2 - LRB096 10309 RLC 20479 b a court inorders itsa findingsminor to be kept or stateddetained in ora offeredfacility authorized for juvenile detention in connectionaccordance with this SectionAct and it appears from the record that, not withstanding the order of detention, removal of the minor from the minor's home may also be byin waythe minor's best interest, the court shall further determine whether the removal is, in fact, in the best interests of profferthe basedminor, uponconsistent reliablewith informationparagraphs offered(a-5) byand (a-10) of this subsection (2) and shall include such findings on the Stateinitial orcourt defendant.order authorizing the detention.

All(a-5) evidenceFor any minor determined to need care away from home in foster care or shelter care, but who does not require secured custody pursuant to paragraph (a) of this subsection (2) the court shall beorder, admissiblein ifaccordance itwith issubsection relevant(1) of this Section, consistent with the health, safety, and reliablebest regardlessinterests of whetherthe itminor, wouldthe beremoval admissiblebecause underthe minor's home cannot provide the rulesquality of evidencecare applicableand level of support and supervision the minor needs at criminalthe trials.time.

IfRemoval thefrom State presents evidence SB1706 - 5 - LRB096 10309 RLC 20479 b that the offensehome committedmay bybe the defendant was related to or in furtherance of the criminalminor's activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang, and ifcommunity's thebest courtinterest determinesfor thatany the evidence may be substantiated, the court shall prohibit the defendant from associating with other members of the organizedfollowing gangreasons: as a condition of bail or release.

For(i) the purposesminor ofis thiswithout Section,the "organizedcare gang"necessary hasfor the meaningminor's ascribedwell-being tothrough itno infault Sectionor 10lack of concern by a parent, guardian, custodian, or other person, (ii) the Illinoisminor Streetganghas Terrorismno Omnibusparent, Preventionguardian, Act.custodian, or other person able to return the minor to the court when required, or (iii) for the protection of the minor.

(b)(a-10) TheFor amountany minor who does not require secured custody pursuant to paragraph (a) of bailthis subsection (2) and who is SB1706 Engrossed - 3 - LRB096 10309 RLC 20479 b determined to need care away from home in foster care or shelter care the court, in accordance with paragraph (a) of this subsection (2), shall be:further find that reasonable efforts have been made or that, consistent with the health, safety, and best interests of the minor and the community, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from his or her home.

(1)The Sufficientcourt toshall assurerequire compliancedocumentation withfrom the conditionsProbation setDepartment forthas into the bailreasonable bond,efforts whichthat shallwere includemade theto defendant'sprevent currentor addresseliminate withthe anecessity writtenof admonishmentremoval toof the defendantminor thatfrom hehis or sheher musthome complyor with the provisionsreasons ofwhy Sectionno 110-12efforts regardingreasonably anycould changebe inmade histo prevent or hereliminate address.the necessity of removal.

TheIn defendant'smaking addressits shallfindings atthat allit timesis remainconsistent awith matterthe health, safety, and best interests of publicthe recordminor withand the clerkcommunity ofto prescribe shelter care, the court.court shall state in writing:

(2)(i) Notthe oppressive.factual basis supporting its findings concerning the immediate and urgent necessity for the protection of the minor, (ii) the factual basis for the finding of the minor's and community's best interests, and (iii) the factual basis supporting its findings that reasonable efforts were made to prevent or eliminate the removal of the minor from his or her home or that no efforts reasonably could be made to prevent or eliminate the removal of the minor from his or her home.

(3)Once Consideratethe court determines that the minor requires care away from home for the protection of the financialminor abilityand places the minor SB1706 Engrossed - 4 - LRB096 10309 RLC 20479 b in a shelter care facility or foster care, the minor shall not be returned to the parent, custodian, or guardian until the court finds that such placement is no longer necessary for the protection of the accused.minor.

(4)(a-15) WhenIf athe personcourt isdetermines chargedthat withthe aminor drugrequires relatedcare offenseaway involvingfrom possessionhome orfor deliverythe ofprotection cannabis or possession or delivery of athe controlledminor substanceand asplaces defined in the Cannabisminor Controlin Act,a theshelter Illinoiscare Controlledfacility, SB1706there -shall 6be -a LRB096rebuttable 10309presumption RLCthat 20479such bfindings Substancescomply Act,with or the Methamphetaminefactors Controloutlined andin Communityparagraphs Protection(a-5) Act,and the(a-10) full street value of thethis drugssubsection seized(2). shall be considered.

"Street(b) value"The shallwritten beauthorization determinedof by the courtprobation onofficer theor basisdetention ofofficer a(or profferother bypublic theofficer Statedesignated basedby uponthe reliablecourt informationin of a lawcounty enforcementhaving official3,000,000 containedor inmore ainhabitants) writtenconstitutes reportauthority asfor to the amountsuperintendent seizedof andany suchjuvenile profferdetention mayhome beto useddetain byand thekeep courta asminor tofor theup currentto street40 valuehours, ofexcluding theSaturdays, smallestSundays unitand ofcourt-designated theholidays. drug seized.

(b-5)These Uponrecords theshall filingbe ofavailable ato written request demonstrating reasonable cause, the State'ssame Attorneypersons mayand requestpursuant ato sourcethe ofsame bailconditions hearingas eitherare beforelaw orenforcement afterrecords theas postingprovided ofin anySection funds.5-905.

If(b-4) The consultation required by subsection (b-5) shall not be applicable if the hearingprobation isofficer granted,or beforedetention officer (or other public officer designated by the postingcourt ofin anya bail,county having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the accusedState's mustAttorney, fileto determine whether a writtenminor noticeshould requestingbe thatdetained, however, subsection (b-5) shall still be applicable where no such screening instrument is used or where SB1706 Engrossed - 5 - LRB096 10309 RLC 20479 b the probation officer, detention officer (or other public officer designated by the court conductin a sourcecounty ofhaving bail3,000,000 hearing.or more inhabitants) deviates from the screening instrument.

The(b-5) noticeSubject mustto bethe accompaniedprovisions byof justifyingsubsection affidavits(b-4), statingif a probation officer or detention officer (or other public officer designated by the legitimatecourt andin lawfula sourcecounty ofhaving funds3,000,000 or more inhabitants) does not intend to detain a minor for bail.an offense which constitutes one of the following offenses he or she shall consult with the State's Attorney's Office prior to the release of the minor:

Atfirst thedegree hearing,murder, thesecond courtdegree shallmurder, inquireinvoluntary intomanslaughter, anycriminal matterssexual statedassault, inaggravated anycriminal justifyingsexual affidavits,assault, andaggravated maybattery alsowith inquirea intofirearm, mattersaggravated appropriateor toheinous thebattery determinationinvolving whichpermanent shalldisability include,or butdisfigurement areor notgreat limitedbodily to,harm, therobbery, following:aggravated robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, arson, aggravated arson, kidnapping, aggravated kidnapping, home invasion, burglary, or residential burglary.

(1)(c) theExcept background,as character,otherwise reputation,provided andin relationshipparagraph to(a), (d), or (e), no minor shall be detained in a county jail or municipal lockup for more than 12 hours, unless the accusedoffense is a crime of anyviolence surety;in which case the minor may be detained up to 24 hours.

andFor (2) the sourcepurpose of anythis moneyparagraph, or"crime propertyof depositedviolence" byhas anythe surety,meaning andascribed whetherto anyit suchin moneySection or1-10 propertyof constitutes the fruitsAlcoholism ofand criminalOther orDrug unlawfulAbuse conduct;and Dependency Act.

and(i) The period of detention is deemed to have begun SB1706 Engrossed - 76 - LRB096 10309 RLC 20479 b (3)once the sourceminor ofhas anybeen moneyplaced postedin asa cashlocked bail,room andor whethercell anyor suchhandcuffed moneyto constitutesa thestationary fruitsobject ofin criminala building housing a county jail or unlawfulmunicipal conduct;lockup.

andTime (4)spent thetransporting background,a character,minor reputation,is andnot relationshipconsidered to thebe accusedtime ofin thedetention personor postingsecure cashcustody. bail.

Upon(ii) settingAny theminor hearing,so theconfined court shall examine,be under oath,periodic anysupervision personsand whoshall maynot possessbe materialpermitted information.to come into or remain in contact with adults in custody in the building.

The(iii) State'sUpon Attorneyplacement hasin secure custody in a rightjail toor attendlockup, the hearing,minor toshall callbe witnessesinformed andof the purpose of the detention, the time it is expected to examinelast anyand witnessthe infact that it cannot exceed the proceeding.time specified under this Act.

The(iv) courtA shall,log uponshall requestbe ofkept which shows the State'soffense Attorney,which continueis the proceedingsbasis for athe reasonabledetention, periodthe toreasons allowand thecircumstances State'sfor Attorneythe decision to investigatedetain and the matterlength raisedof intime anythe testimonyminor orwas affidavit.in detention.

If(v) Violation of the hearingtime islimit grantedon afterdetention thein accuseda hascounty postedjail bail,or themunicipal courtlockup shall conductnot, in and of itself, render inadmissible evidence obtained as a hearingresult consistentof withthe violation of this subsectiontime (b-5).limit.

AtMinors theunder conclusion17 years of theage hearing,shall thebe courtkept mustseparate issuefrom anconfined orderadults eitherand approvingmay ofnot disapprovingat any time be kept in the bail.same cell, room or yard with adults confined pursuant to criminal law.

(c)Persons When17 ayears personof isage chargedand witholder anwho offensehave punishablea bypetition fine only the amount of thedelinquency bailfiled shallagainst notthem exceedmay doublebe theconfined amountin ofan theadult maximumdetention penalty.facility.

(d)In Whenmaking a persondetermination haswhether beento convictedconfine ofa anSB1706 offenseEngrossed and- only7 a- fineLRB096 has10309 beenRLC imposed20479 theb amountperson of17 theyears bailof shallage notor exceedolder doublewho thehas amounta petition of delinquency filed against the fine.person, these factors, among other matters, shall be considered: