2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 725 ILCS 185/ - Pretrial Services Act.

(725 ILCS 185/0.01) (from Ch. 38, par. 300)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Pretrial Services Act.
(Source: P.A. 86-1324.)
(725 ILCS 185/1) (from Ch. 38, par. 301)
Sec. 1. 
		
		Each circuit court shall 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.
(Source: P.A. 84-1449.)
(725 ILCS 185/1.5)
Sec. 1.5. Framework facilitating the hiring and training of new State-employed pretrial services personnel to serve circuit courts or counties without existing pretrial services agencies. Notwithstanding anything in this Act to the contrary, the Supreme Court is encouraged to establish a framework that facilitates the hiring and training of new State-employed pretrial services personnel to serve circuit courts or counties without existing pretrial services agencies, as required by Section 1.
(Source: P.A. 102-694, eff. 1-7-22.)
(725 ILCS 185/2) (from Ch. 38, par. 302)
Sec. 2. 
		
		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 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 agency personnel
on recommendation of the program director.
(Source: P.A. 84-1449.)
(725 ILCS 185/3) (from Ch. 38, par. 303)
Sec. 3. 
		
		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 separate division.
(Source: P.A. 84-1449.)
(725 ILCS 185/4) (from Ch. 38, par. 304)
Sec. 4. 
		
		All pretrial services agency personnel shall be full-time
employees supervised by the director and, except for secretarial staff,
subject to the hiring and training requirements established by the 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 pretrial services agency personnel shall
be commensurate with salaries and other benefits accorded probation department employees.
(Source: P.A. 84-1449.)
(725 ILCS 185/6) (from Ch. 38, par. 306)
Sec. 6. 
		
		Volunteer groups and individuals may be assigned such
interviewing and verification as may be determined by the director.
(Source: P.A. 84-1449.)
(725 ILCS 185/7) (from Ch. 38, par. 307)
Sec. 7. 
Pretrial services agencies shall perform the following duties
for the circuit court:
(a) Interview and assemble verified information and data concerning the
community ties, employment, residency, criminal record, and social
background of arrested persons who are to be, or have been, presented in
court for first appearance on felony charges, to assist the court in
determining the appropriate terms and conditions of pretrial release;
(b) Submit written reports of those investigations to the court along
with such findings and recommendations, if any, as may be necessary to assess appropriate conditions which shall be imposed to protect against the
risks of nonappearance and commission of new offenses or other interference
with the orderly administration of justice before trial;
(c) Supervise compliance with pretrial release
conditions, and promptly report
violations of those conditions to the court and prosecutor to ensure 
effective enforcement;
(d) Cooperate with the court and all other criminal justice agencies in
the development of programs to minimize unnecessary pretrial detention and
protect the public against breaches of pretrial release conditions; and
(e) Monitor the local operations of the pretrial release system
and maintain accurate and comprehensive records of program activities.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 185/8) (from Ch. 38, par. 308)
Sec. 8. 
		
		In addition to the foregoing, 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.)
(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
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 director of the 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.)
(725 ILCS 185/11) (from Ch. 38, par. 311)
Sec. 11. 
No person shall be interviewed by a pretrial services agency
unless he or she has first been apprised of the identity and purpose of the
interviewer, the scope of the interview, the right to secure legal advice,
and the right to refuse cooperation.  Inquiry of the defendant shall
carefully exclude questions concerning the details of the current charge.
Statements made by the defendant during the interview, or evidence derived
therefrom, are admissible in
evidence only when the court is considering the imposition of pretrial or
posttrial conditions of release, denial of pretrial release, or when considering the
modification of a prior release order.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)
(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 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.
(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, and employment circumstances.  The chief
judge or his designee shall assist the 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 Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/16) (from Ch. 38, par. 316)
Sec. 16. 
		
		Pretrial services agencies interviewing arrested persons
shall submit a report of their information and findings to the court in all
cases where the individual remains in custody at the completion of the
verification process, and in such additional cases where the agency
believes that additional or modified conditions are appropriate and shall
be imposed on earlier release orders.
(Source: P.A. 84-1449.)
(725 ILCS 185/17) (from Ch. 38, par. 317)
Sec. 17. 
		
		Reports shall be in writing, signed by an authorized
representative of the pretrial services agency, and prepared on the uniform
reporting form.  Copies of the report shall be provided to all parties and
counsel of record.
(Source: P.A. 84-1449.)
(725 ILCS 185/18) (from Ch. 38, par. 318)
Sec. 18. 
		
		A representative of the pretrial services agency shall where
feasible be present or otherwise available to the court at the first
appearance or such later hearings at which the agency report is to be
considered by the court.  At such hearings, the factual findings,
conclusions and recommendations in the written report may be challenged by
the interviewee, his or her counsel, or the prosecuting
attorney, by the presentation of any relevant evidence.
(Source: P.A. 85-405.)
(725 ILCS 185/19) (from Ch. 38, par. 319)
Sec. 19. 
Written reports under Section 17 shall set forth all
factual findings on which any recommendation and conclusions contained
therein are based together with the source of each fact, and shall contain information
and data relevant to appropriate conditions imposed to protect against the risk of
nonappearance and commission of new offenses or other interference with the
orderly administration of justice before trial.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. 
In preparing and presenting its written reports under
Sections 17 and 19, pretrial services agencies shall in
appropriate cases
include specific recommendations for setting the conditions of
pretrial release; the release of the interviewee on his own recognizance in sums
certain; and the imposition of conditions of pretrial release or recognizance
designed to minimize the risks of nonappearance, the commission of new
offenses while awaiting trial, and other potential interference with the
orderly administration of justice.  In establishing objective internal
criteria of any such recommendation policies, the agency may utilize
so-called "point scales" for evaluating the aforementioned risks,
but no interviewee shall be considered as ineligible for particular agency
recommendations by sole reference to such procedures.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 185/21) (from Ch. 38, par. 321)
Sec. 21. 
		
		Pretrial services agency reports completed following the
first appearance shall be immediately referred to the judge who there
presided; to any judge to whom the proceedings have been assigned for next
hearing or trial; or in the event of their unavailability to a judge or
group of judges designated for that purpose by the chief judge of the
circuit.  At the request of the court, or any party or counsel to the
action, a hearing shall be scheduled with appropriate notice to
review the interviewee's release or detention status.  At the hearing, the
factual findings, conclusions, and recommendations in the report may be
challenged by the interviewee, his or her counsel, or the
prosecuting attorney, by  the  presentation of  any  relevant evidence.
(Source: P.A. 85-405.)
(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 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 185/23) (from Ch. 38, par. 323)
Sec. 23. 
		
		Pretrial services agencies shall have primary responsibility
for reporting non-compliance by interviewees with the terms and conditions of
pretrial release specified in the uniform release order entered under
Section 22, including but not limited to appearances as required for later
court proceedings and the commission of new offenses as evidenced by the
filing of formal charges.
(Source: P.A. 84-1449.)
(725 ILCS 185/24) (from Ch. 38, par. 324)
Sec. 24. 
		
		Where functions of the 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 185/25) (from Ch. 38, par. 325)
Sec. 25. 
		
		The agency shall provide written notification to supervised persons of
court appearance obligations, and may require their periodic reporting by
letter, telephone or personal appearance to verify such compliance.
(Source: P.A. 84-1449.)
(725 ILCS 185/26) (from Ch. 38, par. 326)
Sec. 26. 
		
		Agency personnel shall regularly monitor the arrest records
of local law enforcement agencies to determine whether any supervised person
has been formally charged with the commission of a new offense in violation
of the uniform release order.  In such event, the agency shall prepare a
formal report of that fact and present same to the court.  A copy shall be
provided to the prosecuting officer.
(Source: P.A. 84-1449.)
(725 ILCS 185/27) (from Ch. 38, par. 327)
Sec. 27. 
		
		In addition to the supervisory duties set forth in Sections
25 and 26, the pretrial services agency shall continuously
monitor the conduct and circumstances of supervised persons before trial
and submit reports to the court, defendant and defendant's attorney of
record, and prosecuting officer whenever:
(a) Apparent violations of other conditions imposed by the court under
the uniform release order have occurred; or
(b) Modification of the uniform release order and conditions thereof are
deemed in the best interests of either the accused or the community.
(Source: P.A. 84-1449.)
(725 ILCS 185/28) (from Ch. 38, par. 328)
Sec. 28. 
		
		Whenever an arrest warrant, summons or other process is
issued to compel the appearance of supervised persons before the court
under Sections 25, 26 or 27, the pretrial services agency shall provide
such information to law enforcement authorities as may be necessary to
insure immediate execution of the process.
(Source: P.A. 84-1449.)
(725 ILCS 185/29) (from Ch. 38, par. 329)
Sec. 29. 
		
		Pretrial services agencies shall, with the approval of the
chief judge, offer supervisory services to similar programs operating in
Illinois and other jurisdictions.
(Source: P.A. 84-1449.)
(725 ILCS 185/30) (from Ch. 38, par. 330)
Sec. 30. 
		
		Records and statistics shall be maintained by pretrial
services agencies of their operations and effect upon the criminal justice
system, with monthly reports submitted to the circuit court and the
Supreme Court on a uniform statistical form
developed by the Supreme Court.
(Source: P.A. 84-1449.)
(725 ILCS 185/31) (from Ch. 38, par. 331)
Sec. 31. 
		
		Information and records maintained by the pretrial services
agency which have not been disclosed in open court during a court
proceeding shall not be released by the pretrial services agency to any
individual or organization, other than any employee of a Probation and
Court Service Department, without the express permission of the interviewed
or supervised person at or near the time the information is to be released.
 An individual shall have access to all information and records about
himself or herself maintained by or collected by the pretrial services agency.
The principle of
confidentiality shall not bar a pretrial services agency from making its data
available for research purposes to qualified personnel, provided that no
records or other information shall be made available in which individuals
interviewed or supervised are identified or from which their identities are
ascertainable.
(Source: P.A. 91-357, eff. 7-29-99.)
(725 ILCS 185/32) (from Ch. 38, par. 332)
Sec. 32. 
		
		Pretrial services agencies shall be provided by the circuit
court with adequate facilities and supportive services, including
secretarial staffs or pools, to assure maximum utilization of
resources and effective service to the court.
(Source: P.A. 84-1449.)
(725 ILCS 185/33) (from Ch. 38, par. 333)
Sec. 33. The 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,
telecommunications, postage, commodities, printing and contractual
services.  Costs shall be reimbursed monthly, based on a plan and budget
approved by the Supreme Court.  No
department may be reimbursed for costs which exceed or are not provided for
in the approved 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 185/34)
Sec. 34. Probation and court services departments considered pretrial services agencies. For the purposes of administering the provisions of Public Act 95-773, known as the Cindy Bischof Law,  all probation and court services departments are to be considered pretrial services agencies under this Act and under the pretrial release provisions of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-652, eff. 1-1-23.)