When someone is arrested for a felony in Illinois, they are typically subject to pretrial detention during the duration of their case. The first court hearing that any person charged with a felony attends is a bond hearing. A bond hearing is to determine how much money a person may need to post to be released from pretrial detention during the pendency of their case. There are three different types of bonds in Illinois. These bonds are known as:
- An I-Bond, also known as an individual recognizance bond (signature bond) does not require the defendant to post any money for release.
- The defendant is released on his own recognizance and is not required to pay anything unless he violates the conditions of his I-Bond.
- A D-Bond, also known as a deposit bond requires the individual to post 10% of the total amount of the bond set by the Judge.
- And a C-Bond, also known as cash bond requires an individual to post the entire amount of the bond set by the Judge.
Regardless of the type the bond ordered, when someone is released on any of the aforementioned bonds, there are various conditions and requirements imposed upon the individual while on pretrial release. Some of the conditions imposed are standard and are required of everyone who posts a bond. Other conditions are specialized that are imposed for specific reasons. These reasons can range from the nature of the charged offense to the defendant’s criminal background.
Standard conditions of bond are typically imposed on all individuals out on pretrial release regardless of the type of offense. These standard conditions include:
- The defendant must not violate any State or Federal criminal law while on bond.
- The person is not allowed to leave the State of Illinois without permission of the court.
- The Defendant must ask permission from the court through their attorney to leave the State of Illinois for a specified reason
- The attorney will typically file a formal motion to expand conditions of bond with the court to seek the Judge’s approval.
- A Defendant also cannot possess any firearms in their household during the pendency of their case.
- A defendant is also required to report to Pretrial Services of the Adult Probation Department on an ongoing reporting schedule set by the assigned Adult Probation Officer.
- The defendant may also be required to pay a monthly probation fee
Specialized conditions of bond are imposed under specific facts and or circumstances but are not imposed in every felony case. Examples of these specialized conditions include but are not limited to:
- If an offense is drug related, a specialized condition of bond could require an individual to submit to random drug testing.
- A no contact order could be required as a specialized condition of bond when the case involves a civilian complaining witness or domestic violence.
- An individual could also be prohibited from going near a certain area or premises if it is an area a complaining witness frequents or is the subject of the charged offense.
- A curfew could also be imposed upon the individual as a specialized condition of bond which requires the individual to be home by a specific mandated time each day.
- An individual’s access to a cellphone or to the internet can also be prohibited and restricted.
- Typically, this condition is imposed when an individual is charged with an internet related crime such as possession of child pornography or hacking.
Additionally, specialized conditions of bond could require an individual to submit to a form of pretrial monitoring. The types of pretrial monitoring include:
- Electronic Home Monitoring (EHM)
- Global Position System (GPS)
- Secure Continuous Remote Alcohol Monitor (SCRAM)
Electronic Home Monitoring (EHM)
- When a specialized condition of EHM is imposed, the defendant is typically required to remain in his residence during the pendency of their case. EHM can also be known as “House Arrest” “Home Confinement” and “Home Detention.” The defendant is fitted with an ankle bracelet which is continuously monitored by the Adult Probation Department. Limited movement can accompany this specialized condition allowing the individual to go to and from work or attend required doctor’s appointments. The defendant can also request permission from either the Judge or the EHM administrators for additional movement for a specified reason. Otherwise, the defendant must remain in his residence at all times with the exception of required court appearances. Any deviation from the set limitations of movement will result in a violation which immediately alerts the Adult Probation Department.
Global Position System (GPS)
- When a specialized condition of GPS is imposed, the defendant is required to wear an ankle bracelet subject to continuous monitoring by the Adult Probation Department. GPS allows the Adult Probation Department to constantly monitor a Defendant’s location allowing them to see where they are at all times. Additionally, the defendant is also required to carry a cellphone with them at all times to allow the probation department to call the defendant at any time to inquire about his or her current location. This specialized condition is frequently imposed in cases of domestic violence and violations of an order of protection. The inception of this method is to be able to ensure that the defendant will stay away from the complaining witness during the pendency of the case.
Secure Continuous Remote Alcohol Monitor (SCRAM)
- When a specialized condition of SCRAM is imposed, the defendant is required to wear an ankle bracelet subject to continuous monitoring. The electronic bracelet is monitored directly by the SCRAM Agency. The specific purpose of the SCRAM ankle bracelet is to detect any alcohol use by the defendant. This specialized condition is typically resulting from an order prohibiting the Defendant from consuming any alcohol during the pendency of the case. The specialized condition is imposed typically in DUI cases but can also be imposed in cases where substance abuse is an underlying issue to the pending charges. If the device detects any amount of alcohol, an alert will be sent and immediately detected by the SCRAM Agency. Any detection of alcohol is considered a violation and a representative of Scram refers the violation to the police and adult probation department.
Any violations of any of these aforementioned forms of pretrial monitoring typically result in a hearing before the Judge. The purpose of the hearing is for the Judge to determine if a violation occurred. If the Judge determines that a violation occurred, it will be at his discretion whether to violate the defendant’s bond. This could result in the defendant’s bond being revoked and being placed into pretrial custody until the case is resolved.
This is why that it is very important for an individual subject to pretrial monitoring to comply with all imposed conditions of bond. Conditions of bond can be over emphasized or mischaracterized. An individual should consult with their experienced criminal defense attorney in regards to these issues. Wigell Criminal Defense has over 40 years of experience handling issues arising from conditions of bond. Don’t hesitate to contact Wigell Criminal Defense in regards to matters involving violation of bond or any criminal matter that you may have.