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Electronic Monitoring by Sheriff

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Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
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Date Introduced: 10/16/2007
Date Passed:

Sponsors:
Maldonado, Suffredin
Co-Sponsors:

Summary:

Ordinance to establish the Sheriff of Cook County as supervising authority for electronic monitoring of pretrial home-supervision detainees.


Activity Log:

10/16/2007
Referred to Committee on Law Enforcement.

Full Text of Legislation:

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 46 Law Enforcement, Article V, Section 46-308 through Section 46-313 of the Cook County Code is hereby enacted as follows:

 

ARTICLE V. ELECTRONIC MONITORING BY COOK COUNTY SHERIFF

 

Sec. 46-308. Purpose.

 

The purpose of this chapter is to designate the Sheriff of Cook County as a supervising authority under whose direct supervision a pretrial detainee may be placed by order of court in a pretrial home supervision capacity with the use of an approved electronic monitoring device. The following factors support this proposition.

 

(a) The Public Safety Budget is the largest portion of the Cook County Budget; and

 

(b) Cook County operates the largest integrated court system and has the largest single site jail in the United States; and

 

(c) The Public Safety Budget is essential to the safety, health and welfare of all Cook County residents; and

 

(d) The 2008 Budget for Public Safety must have increased revenue from Court fees, participant fees, private electronic monitoring, fees; and

 

(e) the Cook County Sheriff’s Office is responsible for the care, custody and control of the jail and prisoners of the jail pursuant to 55 ILCS 5/3-6017 and 730 ILCS 125/2; and

 

(f) The Illinois Constitution of 1970, Article 6, Section 1 places judicial powers in the courts; and

 

(g) The Illinois Constitution of 1970, Article 2, Section 1, separates the government’s power into three branches and no branch may exercise the power belonging to another; and

 

(h) Judicial powers includes the adjudication and the application of law and the administration of the courts pursuant to People v. Bainter, 126 Ill.2d 292, 303 (Illinois Supreme Court 1989); and

 

(i) Determining the amount of bail and conditions of release clearly fall under the powers of the judiciary. 725 ILCS 5/110-5, 5/110-10 (2007); and

 

(j) Judicial placement of detainees on electronic monitoring is authorized by state statute pursuant to 725 ILCS 5/110-10 and Article 8A of Chapter V of the Unified Code of Corrections (730 ILCS 5/5-8A); and

 

(k) Judicial placement of detainees permits the imposition and collection of fees for electronic monitoring.

 

Sec. 46-309. Sheriff as Supervising Authority.

 

The Cook County Board of Commissioners designates the Sheriff of Cook County as a supervising authority under whose direct supervision a pretrial detainee may be placed by order of court in a pretrial home supervision capacity with the use of an approved electronic monitoring device.

 

Sec. 46-310. Court Orders and Payment of Fees.

 

The Court shall impose upon a defendant placed under the direct supervision of the Sheriff in a pretrial home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee that represents costs incidental to the electronic monitoring for each day of such bail supervision ordered by the Court, unless after determining the inability of the defendant to pay the fee, the Court assesses a lesser fee or no fee as the case may be. The fee shall be collected by the Sheriff and deposited in the Cook County General Revenue Fund.

 

Sec. 46-311. Jail capacity.

 

The Court in determining the amount of bail and conditions of release may take into consideration whether there is sufficient capacity in the County Jail to house the defendant.

 

Sec. 46-312. Judicial Approval.

 

It shall be improper for the Sheriff of Cook County to place detainees in a pretrial home supervision capacity with the use of an approved electronic monitoring device without the express written order of a Cook County Circuit judge suggesting or recommending such placement.

 

Sec. 46-313. Request for Bail Rehearing

 

The Sheriff of Cook County may petition the Court for a rehearing on the setting of bail upon notice by the Sheriff to the State’s Attorney and the defendant and upon a showing by the Sheriff that a reconsideration of bail or placement in an alternative release program is necessary to alleviate overcrowding in the County Jail.


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