HB 5810

Abstract

Amends the Code of Criminal Procedure of 1963. Provides for electronic surveillance risk assessment evaluation hearings which the State's Attorney may initiate after the defendant has been arraigned, or at any other stage in the criminal proceedings, after communication with and upon the request of the victim, if the person is charged with an attempt to commit first degree murder committed against an intimate partner, kidnapping, aggravated kidnaping, unlawful restraint, domestic battery, aggravated domestic battery, stalking, aggravated stalking, cyberstalking, harassment by telephone, or harassment through electronic communications. After the court grants a hearing, and considers various factors of the case, the court may order the defendant to undergo a risk assessment evaluation using a recognized, evidence-based instrument conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency. Using this information and other factors of the case, the court will determine if the defendant shall be placed on electronic surveillance, and shall document appropriate findings in the record. The cost of the electronic surveillance and risk assessment shall be paid by, or on behalf, of the defendant, but under no circumstances shall be paid by the victim. Effective immediately.