(a) A person arrested with or without a warrant shall be taken without unnecessary delay before the nearest and most accessible judge in that county, except when such county is a participant in a regional jail authority, in which event such person may be taken to the nearest and most accessible judge, irrespective of the county where such judge presides, and a charge shall be filed.  Whenever a person arrested either with or without a warrant is required to be taken before a judge, a charge may be filed against such person by way of a two-way closed circuit television system, except that a hearing to deny bail to the defendant may not be conducted by way of closed circuit television.

    (b) The judge shall:

        (1) Inform the defendant of the charge against him and shall provide him with a copy of the charge.

        (2) Advise the defendant of his right to counsel and if indigent shall appoint a public defender or licensed attorney at law of this State to represent him in accordance with the provisions of Section 113-3 of this Code.

        (3) Schedule a preliminary hearing in appropriate cases; and

        (4) Admit the defendant to bail in accordance with the provisions of Article 110 of this Code.

    (c) The court may issue an order of protection in accordance with the provisions of Article 112A of this Code.

    (a) Upon verified petition by the State, the court shall hold a hearing to determine whether bail should be denied to a defendant who is charged with stalking or aggravated stalking, when it is alleged that the defendant's admission to bail poses a real and present threat to the physical safety of the alleged victim of the offense, and denial of release on bail or personal recognizance is necessary to prevent fulfillment of the threat upon which the charge is based.

        (1) A petition may be filed without prior notice to the defendant at the first appearance before a judge, or within 21 calendar days, except as provided in Section 110-6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while the petition is pending before the court, the defendant if previously released shall not be detained.

        (2) The hearing shall be held immediately upon the defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance.  A continuance on motion of the defendant may not exceed 5 calendar days, and the defendant may be held in custody during the continuance.  A continuance on the motion of the State may not exceed 3 calendar days; however, the defendant may be held in custody during the continuance under this provision if the defendant has been previously found to have violated an order of protection or has been previously convicted of, or granted court supervision for, any of the offenses set forth in Sections 12-2, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, against the same person as the alleged victim of the stalking or aggravated stalking offense.

    (b) The court may deny bail to the defendant when, after the hearing, it is determined that:

        (1) the proof is evident or the presumption great that the defendant has committed the offense of stalking or aggravated stalking; and

        (2) the defendant poses a real and present threat to the physical safety of the alleged victim of the offense; and

        (3) the denial of release on bail or personal recognizance is necessary to prevent fulfillment of the threat upon which the charge is based; and

        (4) the court finds that no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Code, including mental health treatment at a community mental health center, hospital, or facility of the Department of Human Services, can reasonably assure the physical safety of the alleged victim of the offense.

    (c) Conduct of the hearings.

        (1) The hearing on the defendant's culpability and threat to the alleged victim of the offense shall be conducted in accordance with the following provisions:

            (A) Information used by the court in its findings or stated in or offered at the hearing may be by way of proffer based upon reliable information offered by the State or by defendant.  Defendant has the right to be represented by counsel, and if he is indigent, to have counsel appointed for him.  Defendant shall have the opportunity to testify, to present witnesses in his own behalf, and to cross-examine witnesses if any are called by the State.  The defendant has the right to present witnesses in his favor.  When the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness.  The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness.  Cross-examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness.  In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well-being of the witness.  The pretrial detention hearing is not to be used for the purposes of discovery, and the post arraignment rules of discovery do not apply.  The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State.  The rules concerning the admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing.  At the trial concerning the offense for which the hearing was conducted neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115-10.1 of this Code, or in a perjury proceeding.

            (B) A motion by the defendant to suppress evidence or to suppress a confession shall not be entertained.  Evidence that proof may have been obtained as the result of an unlawful search and seizure or through improper interrogation is not relevant to this state of the prosecution.

        (2) The facts relied upon by the court to support a finding that:

            (A) the defendant poses a real and present threat to the physical safety of the alleged victim of the offense; and

            (B) the denial of release on bail or personal recognizance is necessary to prevent fulfillment of the threat upon which the charge is based; shall be supported by clear and convincing evidence presented by the State.

    (d) Factors to be considered in making a determination of the threat to the alleged victim of the offense.  The court may, in determining whether the defendant poses, at the time of the hearing, a real and present threat to the physical safety of the alleged victim of the offense, consider but shall not be limited to evidence or testimony concerning:

        (1) The nature and circumstances of the offense charged;

        (2) The history and characteristics of the defendant including:

            (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;

            (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.

        (3) The nature of the threat which is the basis of the charge against the defendant;

        (4) Any statements made by, or attributed to the defendant, together with the circumstances surrounding them;

        (5) The age and physical condition of any person assaulted by the defendant;

        (6) Whether the defendant is known to possess or have access to any weapon or weapons;

        (7) Whether, at the time of the current offense or any other offense or arrest, the defendant was on probation, parole, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;

        (8) Any other factors, including those listed in Section 110-5 of this Code, 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.

    (e) The court shall, in any order denying bail to a person charged with stalking or aggravated stalking:

        (1) briefly summarize the evidence of the defendant's culpability and its reasons for concluding that the defendant should be held without bail;

        (2) direct that the defendant be committed to the custody of the sheriff for confinement in the county jail pending trial;

        (3) direct that the defendant be given a reasonable opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail and telephone; and

        (4) direct that the sheriff deliver the defendant as required for appearances in connection with court proceedings.

    (f) If the court enters an order for the detention of the defendant under subsection (e) of this Section, the defendant shall be brought to trial on the offense for which he is detained within 90 days after the date on which the order for detention was entered.  If the defendant is not brought to trial within the 90 day period required by this subsection (f), he shall not be held longer without bail.  In computing the 90 day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant.  The court shall immediately notify the alleged victim of the offense that the defendant has been admitted to bail under this subsection.

    (g) Any person shall be entitled to appeal any order entered under this Section denying bail to the defendant.

    (h) The State may appeal any order entered under this Section denying any motion for denial of bail.

    (i)  Nothing in this Section shall be construed as modifying or limiting in any way the defendant's presumption of innocence in further criminal proceedings.

    (d) When a person is charged with a criminal offense and the victim is a family or household member as defined in Article 112A, conditions shall be imposed at the time of the defendant's release on bond that restrict the defendant's access to the victim.  Unless provided otherwise by the court, the restrictions shall include requirements that the defendant do the following:

         (1) refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release; and

         (2) refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release.

D.  Illinois Supreme Court Rule 528: Bail Schedule

    (a) Offenses Punishable by Fine Not to Exceed $1,000.  Bail for offenses (other than traffic or conservation offenses), including ordinance violations, punishable only by a fine which does not exceed $1,000 shall be $75.

    (b) Offenses Punishable by Fine in Excess of $1,000.  Bail for offenses (other than traffic or conservation offenses) punishable only by a fine which exceeds $1,000 shall be $1,000.

    (c) Certain Other Offenses.  Bail for any other offenses, including violation of any ordinance of any unit of local government (other than traffic or conservation offenses) punishable by fine or imprisonment in a penal institution other than the penitentiary, or both, shall be $1,000, except as provided in paragraph (d) of this Rule 528 and except that bail for Class C misdemeanors shall be $75.

    (d) Domestic Violence Offenses.  No bail is established under these rules as provided in section 110-15 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-15) for the offense of domestic battery (720 ILCS 5/12-3.2), a violation of an order of protection (720 ILCS 5/12-30), or any similar violation of a local ordinance.  Bail for these offenses shall be set by the court pursuant to statute.

Chapter 12

 Sentencing Conditions

    (a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding life.  The conditions of every parole and mandatory supervised release are that the subject:

        (1) not violate any criminal statute of any jurisdiction during the parole or release term; and

        (2) refrain from possessing a firearm or other dangerous weapon.

    (b) The Board may in addition to other conditions require that the subject:

* * *

        (2) undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism;

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        (4) support his dependents;

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        (7) comply with the terms and conditions of an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, or an order of protection issued by the court of another state, tribe, or United States territory.

    (a) The conditions of probation and of conditional discharge shall be that the person:

        (1) not violate any criminal statute of any jurisdiction;

        (2) report to or appear in person before such person or agency as directed by the court;

        (3) refrain from possessing a firearm or other dangerous weapon;

        (4) not leave the State without the consent of the court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the person's probation officer; ***

        (5) permit the probation officer to visit him at his home or elsewhere to the extent necessary to discharge his duties;

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    (b) The Court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the Court require that the person:

        (1) serve a term of periodic imprisonment under Article 7 for a period not to exceed that specified in paragraph (d) of Section 5-7-1;

        (2) pay a fine and costs;

        (3) work or pursue a course of study or vocational training;

        (4) undergo medical, psychological or psychiatric treatment; or treatment for drug addiction or alcoholism;

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        (6) support his dependents;

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        (8) make restitution as provided in  Section 5-5-6 of this Code;

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        (11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory.  A copy of the

order of protection shall be transmitted to the probation officer or agency having responsibility for the case;

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        (14) refrain from entering into a designated geographic area except upon such terms as the court finds appropriate.  Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on probation or advance approval by the court, if the defendant was placed on conditional discharge;

        (15) refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;

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    (e) The court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in excess of 6 months.  This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2. ***

    Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections.

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    (a) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of the period.

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    (c) The court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the court require that the person:

* * *

        (2)  pay a fine and costs;

* * *

        (4)  undergo medical, psychological or psychiatric treatment; or treatment for drug addiction or alcoholism;

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        (6)  support his dependents;

        (7)  refrain from possessing a firearm or other dangerous weapon;

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        (9)  make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter.  The court shall determine the amount and conditions of payment;

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        (11)  comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory.  If the court has ordered the defendant to make a report and appear in person under paragraph (1) of this subsection, a copy of the order of protection shall be transmitted to the person or agency so designated by the court;

* * *

        (14)  refrain from entering into a designated geographic area except upon such terms as the court finds appropriate.  Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;

        (15)  refrain from having any contact, directly or indirectly, with certain specified persons or particular types of person, including but not limited to, members of street gangs and drug users or dealers;

* * *

    (a) A sentence of periodic imprisonment is a sentence of imprisonment during which the committed person may be released for periods of time during the day or night or for periods of days, or both, or if convicted of a felony, other than first degree murder, a Class X or Class 1 felony, committed to any county, municipal, or regional correctional or detention institution or facility in this State for such periods of time as the court may direct.  Unless the court orders otherwise, the particular times and conditions of release shall be determined by the Department of Corrections, the sheriff, or the Superintendent of the house of corrections, who is administering the program.

    (b) A sentence of periodic imprisonment may be imposed to permit the defendant to:

        (1) seek employment;

        (2) work;

        (3) conduct a business or other self-employed occupation including housekeeping;

        (4) attend to family needs;

        (5) attend an educational institution, including vocational education;

        (6) obtain medical or psychological treatment;

        (7) perform work duties at a county, municipal, or regional correctional or detention institution or facility;

        (8) continue to reside at home with or without supervision involving the use of an approved electronic monitoring device, subject to Article 8A of Chapter V; or

        (9) for any other purpose determined by the court.

    (c) Except where prohibited by other provisions of this Code, the court may impose a sentence of periodic imprisonment for a felony or misdemeanor on a person who is 17 years of age or older.  The court shall not impose a sentence of periodic imprisonment if it imposes a sentence of imprisonment upon the defendant in excess of 90 days.

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    (e) When the court imposes a sentence of periodic imprisonment, it shall state:

        (1) the term of such sentence;

        (2) the days or parts of days which the defendant is to be confined;

        (3) the conditions.

    (f) The court may issue an order of protection pursuant to the Illinois Domestic Violence Act of 1986 as a condition of a sentence of periodic imprisonment.  The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of orders of protection issued under this Section.  A copy of the order of protection shall be transmitted to the person or agency having responsibility for the case.

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    In addition to any other penalty imposed, a fine of $100 shall be imposed upon any person who pleads guilty or no contest to or who is convicted of murder, voluntary manslaughter, involuntary manslaughter, burglary, residential burglary, criminal trespass to residence, criminal trespass to vehicle, criminal trespass to land, criminal damage to property, telephone harassment, kidnapping, aggravated kidnapping, unlawful restraint, forcible detention, child abduction, indecent solicitation of a child, sexual relations between siblings, exploitation of a child, child pornography, assault, aggravated assault, battery, aggravated battery, heinous battery, aggravated battery of a child, domestic battery, reckless conduct, intimidation, criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, violation of an order of protection, disorderly conduct, endangering the life or health of a child, child abandonment, contributing to dependency or neglect of child, or cruelty to children and others; provided that the offender and victim are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986.  Upon request of the victim or the victim's representative, the court shall determine whether the fine will impose an undue burden on the victim of the offense.  For purposes of this paragraph, the defendant may not be considered the victim's representative.  If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.  The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fine.  The circuit clerk shall remit each fine within one month of its receipt to the State Treasurer for deposit as follows: (i) for sexual assault, as defined in Section 5-9-1.7, when the offender and victim are family members, one-half to the Domestic Violence Shelter and Service Fund, and one-half to the Sexual Assault Services Fund; (ii) for the remaining offenses to the Domestic Violence Shelter and Service Fund.

    There shall be added to every penalty imposed in sentencing for the offense of domestic battery an additional fine in the amount of $10 to be imposed upon a plea of guilty, stipulation of facts or finding of guilty resulting in a judgment of conviction or order of supervision.

    Such additional amount shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case.  Each such additional penalty shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer for deposit into the Domestic Violence Shelter and Service Fund.  The Circuit Clerk shall retain 10% of such penalty to cover the costs incurred in administering and enforcing this Section. Such additional penalty shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.

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    (a) In addition to any other penalty imposed, a fine of $20 shall be imposed upon any person who is convicted of or placed on supervision for violation of an order of protection; provided that the offender and victim are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

    The additional amount shall be assessed by the court imposing sentence and shall be collected by the Circuit Clerk in addition to the fine, if any, and costs in the case.  Each such additional penalty shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer for deposit into the Domestic Violence Abuser Services Fund.  The Circuit Clerk shall retain 10% of the penalty to cover the costs incurred in administering and enforcing this Section.  The additional penalty shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.

    The State Treasurer shall deposit into the Domestic Violence Abuser Services Fund each fine received from circuit clerks under Section 5-9-1.5 of the Unified Code of Corrections.

    Upon request of the victim or the victim's representative, the court shall determine whether the fine will impose an undue burden on the victim of the offense.  For purposes of this paragraph, the defendant may not be considered the victim's representative.  If the court finds that the fine would impose an undue burden on the victim, the court may reduce or waive the fine.  The court shall order that the defendant may not use funds belonging solely to the victim of the offense for payment of the fine.

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      (b) Domestic Violence Abuser Services Fund; administration.  There is created a Domestic Violence Abuser Services Fund in the State Treasury.  Moneys deposited into the Fund under this Section shall be appropriated to the Department of Human Services for the purpose of providing services specified by this Section.  Upon appropriation of moneys from the Domestic Violence Abuser Services Fund, the Department of Human Services shall set aside 10% of all appropriated funds for the purposes of program training, development and assessment.  The Department shall make grants of all remaining moneys from the Fund to qualified domestic violence abuser services programs through a competitive application process.  A "qualified domestic violence abuser services program" is one which the Department determines is in compliance with protocols for abuser services promulgated by the Department.  To the extent possible the Department shall ensure that moneys received from penalties imposed by courts in judicial districts are returned to qualified abuser services programs serving those districts.

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