HB4428 - 104th General Assembly
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| 1 | AN ACT concerning courts. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Pretrial Services Act is amended by | ||||||
| 5 | changing Sections 0.04 and 25 and by adding Section 25.1 as | ||||||
| 6 | follows: | ||||||
| 7 | (725 ILCS 185/0.04) | ||||||
| 8 | Sec. 0.04. Powers and duties. | ||||||
| 9 | (a) The Office shall provide pretrial services as provided | ||||||
| 10 | in Section 7 to circuit courts or counties without existing | ||||||
| 11 | pretrial services agencies. | ||||||
| 12 | (b) The Office shall develop, establish, adopt, and | ||||||
| 13 | enforce uniform standards for pretrial services in this State. | ||||||
| 14 | (c) The Office may: | ||||||
| 15 | (1) hire and train State employed pretrial personnel; | ||||||
| 16 | (2) establish qualifications for pretrial officers as | ||||||
| 17 | to hiring, promotion, and training; | ||||||
| 18 | (3) establish a system of training and orientation for | ||||||
| 19 | local pretrial services agencies; | ||||||
| 20 | (4) Develop standards and approve employee | ||||||
| 21 | compensation schedules for local pretrial services | ||||||
| 22 | agencies; | ||||||
| 23 | (5) establish a system of uniform forms; | ||||||
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| 1 | (6) develop standards for a system of recordkeeping | ||||||
| 2 | for local pretrial services agencies; | ||||||
| 3 | (7) gather statistics and develop research for | ||||||
| 4 | planning of pretrial services in Illinois; | ||||||
| 5 | (8) establish a means of verifying the conditions for | ||||||
| 6 | reimbursement under this Act for local pretrial services | ||||||
| 7 | agencies and develop criteria for approved costs for | ||||||
| 8 | reimbursement; | ||||||
| 9 | (9) monitor and evaluate all pretrial programs | ||||||
| 10 | operated by local pretrial services agencies; | ||||||
| 11 | (10) review and approve annual plans submitted by | ||||||
| 12 | local pretrial services agencies; and | ||||||
| 13 | (11) establish such other standards and regulations | ||||||
| 14 | and do all acts necessary to carry out the intent and | ||||||
| 15 | purposes of this Act; . | ||||||
| 16 | (12) create and manage grant initiatives that support | ||||||
| 17 | the duties and objectives of this Act and may provide | ||||||
| 18 | financial assistance to eligible counties, public | ||||||
| 19 | agencies, or other qualified entities to strengthen and | ||||||
| 20 | improve pretrial services statewide; and | ||||||
| 21 | (13) reimburse counties for reasonable and necessary | ||||||
| 22 | costs for pretrial expenses, subject to criteria | ||||||
| 23 | established by the Office and available funding. | ||||||
| 24 | (Source: P.A. 103-602, eff. 7-1-25.) | ||||||
| 25 | (725 ILCS 185/25) (from Ch. 38, par. 325) | ||||||
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| 1 | Sec. 25. Pretrial services agency; notification of court | ||||||
| 2 | appearance obligations. | ||||||
| 3 | (a) The pretrial services agency The pretrial services | ||||||
| 4 | agency shall provide written notification to supervised | ||||||
| 5 | persons of court appearance obligations, and may require | ||||||
| 6 | supervised persons to periodically report their periodic | ||||||
| 7 | reporting by letter, telephone, or in person personal | ||||||
| 8 | appearance to verify such compliance with court-ordered | ||||||
| 9 | pretrial release conditions. | ||||||
| 10 | (b) Each agency must provide written notification of court | ||||||
| 11 | appearance obligations to all persons under pretrial services | ||||||
| 12 | supervision as follows: | ||||||
| 13 | (1) the agency shall provide at least 3 text notices | ||||||
| 14 | to the defendant before each court appearance with one | ||||||
| 15 | notice the day before the required court appearance; | ||||||
| 16 | (2) the agency shall provide at least one text message | ||||||
| 17 | to the defendant if the defendant misses a court | ||||||
| 18 | appearance; and | ||||||
| 19 | (3) a copy of the content of the message and a delivery | ||||||
| 20 | receipt shall be maintained as part of the Agency records. | ||||||
| 21 | (c) This Section does not apply if the agency does not have | ||||||
| 22 | the information needed from a defendant to send a text message | ||||||
| 23 | notification to the defendant or if the defendant has opted | ||||||
| 24 | out of text message reminders. | ||||||
| 25 | (d) The agency may provide phone calls, emails, or written | ||||||
| 26 | notifications for defendants that cannot receive text messages | ||||||
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| 1 | or defendants who elect to receive these alternative types of | ||||||
| 2 | notifications. | ||||||
| 3 | (e) For circuit courts and counties with a population | ||||||
| 4 | greater than or equal to 3,000,000 where a local pretrial | ||||||
| 5 | services agency provides pretrial services, the local pretrial | ||||||
| 6 | services agency or any other agency designated by the chief | ||||||
| 7 | judge shall provide notification of court appearance | ||||||
| 8 | obligations to all persons under pretrial services supervision | ||||||
| 9 | or charged with a misdemeanor or felony offense as set forth in | ||||||
| 10 | paragraph (1) of subsection (b) and subsections (c) and (d). | ||||||
| 11 | (f) In this Section, "agency" means a pretrial services | ||||||
| 12 | agency. | ||||||
| 13 | (Source: P.A. 104-2, eff. 6-16-25.) | ||||||
| 14 | (725 ILCS 185/25.1 new) | ||||||
| 15 | Sec. 25.1. Statewide court date reminder system analysis. | ||||||
| 16 | (a) It is the intention of this analysis to identify a | ||||||
| 17 | practical method for the establishment of court date reminders | ||||||
| 18 | for all persons charged with a criminal offense in this State. | ||||||
| 19 | While approximately 80% of Illinois' population is covered by | ||||||
| 20 | a circuit court system with text reminders, there remain | ||||||
| 21 | circuit courts without such reminders. | ||||||
| 22 | (b) The Office of Statewide Pretrial Services shall | ||||||
| 23 | conduct a system analysis regarding the existence, | ||||||
| 24 | utilization, and practices of court date notification systems | ||||||
| 25 | within Illinois' circuit courts. The analysis shall also | ||||||
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| 1 | include a review of existing research on the effectiveness of | ||||||
| 2 | notification methods, cadences, and language. The analysis | ||||||
| 3 | shall also include a review of the availability and | ||||||
| 4 | practicality of notification systems to circuit courts. | ||||||
| 5 | (c) In conducting the analysis, the Office may also | ||||||
| 6 | consult with state and national organizations with expertise | ||||||
| 7 | in court reminder best practices. | ||||||
| 8 | (d) The Office shall report its analysis and findings to | ||||||
| 9 | the General Assembly, Governor, and Supreme Court no later | ||||||
| 10 | than December 31, 2026, with the goal of supporting additional | ||||||
| 11 | legislative changes in 2027. | ||||||
| 12 | Section 99. Effective date. This Act takes effect upon | ||||||
| 13 | becoming law. | ||||||
