Bill Text: IL HB4621 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill. In the amendatory changes to the Pretrial Services Act, deletes a provision which specifies that the Mandatory Arbitration Fund may be used to reimburse approved costs for pretrial services. Amends the Substance Use Disorder Act. Provides that a State or local government agency that employs a probation officer, as defined in the Probation and Probation Officers Act, shall be exempt from the provisions requiring the officer to possess opioid antagonists and from requiring the agency to establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and from providing training in the administration of opioid antagonists. In the amendatory changes to the Pretrial Services Act, provides that nothing in the amendatory Act shall be constructed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement or representation rights under the Illinois Public Labor Relations Act, if applicable. Provides that pretrial services shall be provided by a local pretrial services agency or the Office of Statewide Pretrial Services. Provides that if a report of a pretrial services agency is filed with the court, the court shall deny public access to the report. Effective immediately, except that the amendatory changes to the Pretrial Services Act take effect on July 1, 2025.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2024-07-01 - Some provisions effective 7/01/2024; some provisions effective 07/01/2025 [HB4621 Detail]

Download: Illinois-2023-HB4621-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4621 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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Amends the Pretrial Services Act. Establishes in the judicial branch of State government an office to be known as the Office of Statewide Pretrial Services. Provides that the office shall be under the supervision and direction of a Director who shall be appointed by a vote of a majority of the Illinois Supreme Court Justices for a 4-year term and until a successor is appointed and qualified. Provides that the Director shall adopt rules, instructions, and orders, consistent with the Act, further defining the organization of this office and the duties of its employees. Provides that the Illinois Supreme Court shall approve or modify an operational budget submitted to it by the Office of Statewide Pretrial Services and set the number of employees each year. Provides that the Chief Judge of each circuit court shall elect to receive pretrial services either through the Office or through a local pretrial services agency (rather than each circuit shall establish a pretrial service agency). Provides that the pretrial services agency has a duty to provide the court with accurate background data regarding the pretrial release of persons charged with felonies and effective supervision of compliance with the terms and conditions imposed on release. Effective immediately.
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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 Pretrial Services Act is amended by
changing Sections 1, 2, 3, 4, 5, 8, 9, 10, 12, 13, 14, 15, 22,
24, 30, and 33 and by adding Sections 0.02, 0.03, and 0.04 as
follows:
(725 ILCS 185/0.02 new)
Sec. 0.02. Definitions. In this Act:
"Director" means the Director of the Office of Statewide
Pretrial Services.
"Local pretrial services " means a pretrial services other
than the Office who is providing pretrial services.
"Pretrial services " means any providing services to the
circuit court as provided for in this Act, including the
Office.
"Office" means the Office of Statewide Pretrial Services.
(725 ILCS 185/0.03 new)
Sec. 0.03. Office of Statewide Pretrial Services;
establishment. There is established in the judicial branch of
State government an office to be known as the Office of
Statewide Pretrial Services. This office shall be under the

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supervision and direction of a Director who shall be appointed
by a vote of a majority of the Illinois Supreme Court Justices
for a 4-year term and until a successor is appointed and
qualified. The Director shall adopt rules, instructions, and
orders, consistent with this Act, further defining the
organization of this office and the duties of its employees.
The Illinois Supreme Court shall approve or modify an
operational budget submitted to it by the Office of Statewide
Pretrial Services and set the number of employees each year.
(725 ILCS 185/0.04 new)
Sec. 0.04. Powers and duties.
(a) The Office shall provide pretrial services as provided
in Section 7 to circuit courts or counties without existing
pretrial services agencies.
(b) The Office shall develop, establish, adopt, and
enforce uniform standards for pretrial services in this State.
(c) The Office may:
(1) hire and train State employed pretrial personnel;
(2) establish qualifications for pretrial officers as
to hiring, promotion, and training;
(3) establish a system of training and orientation for
local pretrial services agencies;
(4) Develop standards and approve employee
compensation schedules for local pretrial services
agencies;

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(5) establish a system of uniform forms;
(6) develop standards for a system of recordkeeping
for local pretrial services agencies;
(7) gather statistics and develop research for
planning of pretrial services in Illinois;
(8) establish a means of verifying the conditions for
reimbursement under this Act for local pretrial services
agencies and develop criteria for approved costs for
reimbursement;
(9) monitor and evaluate all pretrial programs
operated by local pretrial services agencies;
(10) review and approve annual plans submitted by
local pretrial services agencies; and
(11) establish such other standards and regulations
and do all acts necessary to carry out the intent and
purposes of this Act.
(725 ILCS 185/1) (from Ch. 38, par. 301)
Sec. 1. The Chief Judge of each Each circuit court shall
elect to receive pretrial services either through the Office
or through a local pretrial services agency. The pretrial
services agency has a duty establish a pretrial services
agency to provide the court with accurate background data
regarding the pretrial release of persons charged with
felonies and effective supervision of compliance with the
terms and conditions imposed on release.

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(Source: P.A. 84-1449.)
(725 ILCS 185/2) (from Ch. 38, par. 302)
Sec. 2. Local pretrial Pretrial services agencies may be
independent divisions of the circuit courts accountable to the
chief judge or his designee for program activities. The
agencies shall be supervised by a program director appointed
by the chief judge and removable for cause. The chief judge or
his designee shall have the authority to hire, terminate or
discipline local pretrial services agency personnel on
recommendation of the program director.
(Source: P.A. 84-1449.)
(725 ILCS 185/3) (from Ch. 38, par. 303)
Sec. 3. Pretrial services shall be provided by the Office
The functions of the pretrial services agency shall be
assigned to the Department of Probation and Court Services or
other arm of the court where the volume of criminal
proceedings does not justify the establishment of a local
pretrial services agency separate division.
(Source: P.A. 84-1449.)
(725 ILCS 185/4) (from Ch. 38, par. 304)
Sec. 4. All local pretrial services agency personnel shall
be full-time employees supervised by the director and, except
for secretarial staff, subject to the hiring and training

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requirements established by the Office Supreme Court as
provided in "An Act providing for a system of probation, for
the appointment and compensation of probation officers, and
authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain
defined crimes and offenses, and legalizing their ultimate
discharge without punishment", approved June 10, 1911, as
amended.
(Source: P.A. 84-1449.)
(725 ILCS 185/5) (from Ch. 38, par. 305)
Sec. 5. The compensation for local pretrial services
agency personnel shall be commensurate with salaries and other
benefits accorded probation department employees.
(Source: P.A. 84-1449.)
(725 ILCS 185/8) (from Ch. 38, par. 308)
Sec. 8. In addition to the foregoing, local pretrial
services agencies may with the approval of the chief judge
provide one or more of the following services to the circuit
court:
(a) Supervise compliance with the terms and conditions
imposed by the courts for appeal bonds; and
(b) Assist in such other pretrial services activities as
may be delegated to the agency by the court.
(Source: P.A. 84-1449.)

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(725 ILCS 185/9) (from Ch. 38, par. 309)
Sec. 9. Pretrial services agencies shall have standing
court authority to interview and process all persons charged
with non-capital felonies either before or after first
appearance if the person is in custody. The chief judge and
program director of the pretrial services agency may establish
interviewing priorities where resources do not permit total
coverage, but no other criteria shall be employed to exclude
categories of offenses or offenders from program operations.
(Source: P.A. 84-1449.)
(725 ILCS 185/10) (from Ch. 38, par. 310)
Sec. 10. The chief judge and program director of the local
pretrial services agency shall continuously assess the
benefits of agency intervention before or after the first
appearance of accused persons. In determining the best
allocation of available resources, consideration shall be
given to current release practices of first appearance judges
in misdemeanor and lesser felony cases; the logistics of
pre-first appearance intervention where decentralized
detention facilities are utilized; the availability of
verification resources for pre-first appearance intervention;
and the ultimate goal of prompt and informed determinations of
pretrial release conditions.
(Source: P.A. 84-1449.)

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(725 ILCS 185/12) (from Ch. 38, par. 312)
Sec. 12. Interviews shall be individually conducted by
agency personnel in facilities or locations which assure an
adequate opportunity for discussion, consistent with security
needs.
The chief judge or his designee shall maintain a
continuous liaison between the pretrial services agency
director and the sheriff, or other affected law enforcement
agencies, to assure that pretrial services interviewers have
prompt access consistent with security and law enforcement
needs to all prisoners after booking.
(Source: P.A. 84-1449.)
(725 ILCS 185/13) (from Ch. 38, par. 313)
Sec. 13. Information received from the arrested person as
a result of the agency interview shall be recorded on uniform
interview forms created by the Office.
(Source: P.A. 84-1449.)
(725 ILCS 185/14) (from Ch. 38, par. 314)
Sec. 14. The pretrial services agency shall, after
interviewing arrestees, immediately verify and supplement the
information required by the uniform interview form before
submitting its report to the court. Minimum verification shall
include the interviewee's prior criminal record, residency,

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and employment circumstances. The chief judge or his designee
shall assist the pretrial services agency program director in
establishing and maintaining cooperation with the circuit
clerk and law enforcement information systems to assure the
prompt verification of prior criminal records.
(Source: P.A. 84-1449.)
(725 ILCS 185/15) (from Ch. 38, par. 315)
Sec. 15. Verified and supplemental information assembled
by the pretrial services agency shall be recorded on a uniform
reporting form established by the Office Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. If so ordered by the court, the pretrial services
agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Office Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of pretrial release. A copy of the
uniform release order shall be provided to the defendant and
defendant's attorney of record, and the prosecutor.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 185/24) (from Ch. 38, par. 324)

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Sec. 24. Where functions of the local pretrial services
agency have been delegated to a probation department or other
arm of the court under Section 3, their records shall be
segregated from other records. Two years after the date of the
first interview with a pretrial services agency
representative, the defendant may apply to the chief circuit
judge, or a judge designated by the chief circuit judge for
these purposes, for an order expunging from the records of the
pretrial services agency all files pertaining to the
defendant.
(Source: P.A. 84-1449.)
(725 ILCS 185/30) (from Ch. 38, par. 330)
Sec. 30. Records and statistics shall be maintained by
local pretrial services agencies of their operations and
effect upon the criminal justice system, with monthly reports
submitted to the circuit court and the Office Supreme Court on
a uniform statistical form developed by the Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/33) (from Ch. 38, par. 333)
Sec. 33. The Office Supreme Court shall pay from funds
appropriated to it for this purpose 100% of all approved costs
for pretrial services, including pretrial services officers,
necessary support personnel, travel costs reasonably related
to the delivery of pretrial services, space costs, equipment,

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telecommunications, postage, commodities, printing and
contractual services. Costs shall be reimbursed monthly, based
on an annual a plan and budget approved by the Office Supreme
Court. No department may be reimbursed for costs which exceed
or are not provided for in the approved annual plan and budget.
The Mandatory Arbitration Fund may be used to reimburse
approved costs for pretrial services.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
eff. 8-21-07; 95-707, eff. 1-11-08.)
(725 ILCS 185/1.5 rep.)
(725 ILCS 185/6 rep.)
Section 10. The Pretrial Services Act is amended by
repealing Sections 1.5 and 6.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance