DENIAL OF PRETRIAL RELEASE

Session: 103rd General Assembly
Year: 2024
Bill #: SB3390
Category: Public Safety and Law Enforcement
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Criminal Code of 2012. Deletes a provision that a person shall not be subject to arrest for resisting arrest unless there is an underlying offense for which the person was initially subject to arrest. Amends the Pretrial Release Article of the Code of Criminal Procedure of 1963. In provisions concerning denial of pretrial release, provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if (instead of only if) specified conditions are met. In provisions concerning the specified conditions to deny pretrial release to a defendant, provides that one of the conditions is if the defendant is charged with a felony offense and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (instead of specifying that the defendant is charged with a felony offense other than a forcible felony for which, based on the charge or the defendant's criminal history, a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction). Makes other changes concerning detainable offenses. Amends the Unified Code of Corrections. Deletes a provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. Provides that a participant in electronic monitoring for home detention may have approved absences from home detention to purchase groceries, food, or other basic necessities with the prior approval of the supervising authority. Effective immediately.



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