SB0202 Engrossed LRB099 03372 RLC 23380 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Accelerated Resolution Court Act.
6		Section 5. Accelerated Resolution Court pilot program. The
7		Accelerated Resolution Court pilot program is hereby created in
8		Cook County. Under this pilot program, the Cook County Sheriff
9		or his or her designee, acting in his or her official capacity
10		as Director of the Cook County Department of Corrections, may
11		refer eligible defendants to the Accelerated Resolution Court
12		provided that notice is given to the prosecuting State's
13		Attorney, the defendant's counsel of record, and the Presiding
14		Judge of the Criminal Division of the Circuit Court of Cook
15		County.
16		Section 10. Eligibility.
17		(a) To be eligible for the program the defendant must be:
18		(1) in the custody of the Cook County Department of
19		Corrections 72 hours after bond has been set;
20		(2) unable to post bond or ineligible to be placed on
21		electronic monitoring due to homelessness or a lack of a
22		sufficient host site approved by the Sheriff; and

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1		(3) charged with:
2		(A) retail theft of property the full retail value
3		of which does not exceed $300 under Section 16-25 of
4		the Criminal Code of 2012;
5		(B) criminal trespass to real property under
6		Section 21-3 of the Criminal Code of 2012; or
7		(C) criminal trespass to State supported land
8		under Section 21-5 of the Criminal Code of 2012.
9		(b) A defendant shall be excluded from the program if the
10		defendant has been convicted of a crime of violence in the past
11		10 years excluding incarceration time, specifically first
12		degree murder, second degree murder, predatory criminal sexual
13		assault of a child, aggravated criminal sexual assault,
14		criminal sexual assault, armed robbery, aggravated arson,
15		arson, aggravated kidnaping, kidnapping, aggravated battery
16		resulting in great bodily harm or permanent disability,
17		aggravated stalking, stalking, or any offense involving the
18		discharge of a firearm.
19		Section 15. Procedure.
20		(a) Once referred to the Accelerated Resolution Court by
21		the Cook County Sheriff or his or her designee, notice shall be
22		given by the Sheriff to the prosecuting State's Attorney, the
23		defendant's counsel of record, and the Presiding Judge of the
24		Criminal Division of the Circuit Court of Cook County. Any
25		referred case shall be adjudicated within 30 days.

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1		(b) If a case within the Accelerated Resolution Court is
2		not resolved within 30 days of referral, then the defendant
3		shall be released from custody on his or her own recognizance
4		provided the defendant agrees to the terms and conditions of
5		release provided by the court pending adjudication of the
6		charge.
7		(c) Nothing in this Act shall be construed as prohibiting a
8		defendant from requesting a continuance. Any continuance
9		granted on behalf of the defendant shall toll the 30-day
10		requirement of this Act. Lack of participation by the victim or
11		other continuances required on behalf of the State do not toll
12		the 30-day requirement of this Act.
13		(d) If a person is released on his or her own recognizance,
14		the conditions of the release shall be that he or she shall:
15		(1) appear to answer the charge in the court having
16		jurisdiction on a day certain and thereafter ordered by the
17		court until discharged or final order of the court;
18		(2) submit himself or herself to the orders and process
19		of the court;
20		(3) not depart this State without leave of the court;
21		(4) not violate any criminal statute of any
22		jurisdiction;
23		(5) at a time and place designated by the court,
24		surrender all firearms in his or her possession to a law
25		enforcement officer as required under paragraph (5) of
26		subsection (a) of Section 110-10 of the Code of Criminal

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1		Procedure of 1963; and
2		(6) file written notice with the clerk of the court
3		before which the proceeding is pending of any change in his
4		or her address within 24 hours after the change. The
5		address of a defendant who has been released on his or her
6		own recognizance shall at all times remain a matter of
7		public record with the clerk of the court.
8		(e) The Court may impose other conditions, such as the
9		following, if the court finds that the conditions are
10		reasonably necessary to assure the defendant's appearance in
11		court, protect the public from the defendant, or prevent the
12		defendant's unlawful interference with the orderly
13		administration of justice:
14		(1) refrain from going to certain described
15		geographical areas or premises;
16		(2) refrain from engaging in certain activities or
17		indulging in intoxicating liquors or in certain drugs;
18		(3) undergo treatment for drug addiction or
19		alcoholism;
20		(4) attend or reside in a facility designated by the
21		court; or
22		(5) other reasonable conditions as the court may
23		impose.
24		(f) A failure to appear as required by the recognizance
25		shall constitute an offense subject to the penalty provided in
26		Section 32-10 of the Criminal Code of 2012 for violation of

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1		bail bond.
2		(g) The State may appeal any order permitting release by
3		personal recognizance.
4		Section 20. Repeal. This Act is repealed on June 30, 2017.
5		Section 99. Effective date. This Act takes effect July 1,
6		2015.