The County of DuPage
Wheaton, Illinois
 

Court Rules  - Criminal Proceedings - Arrest, Preliminary Examination and Bail

IV. CRIMINAL PROCEEDINGS

ARTICLE 31: ARREST, PRELIMINARY EXAMINATION AND BAIL

31.01 WARRANT, SUMMONS AND NOTICE TO APPEAR

(a) A summons or warrant of arrest shall issue only upon a complaint presented on the appropriate form approved by the Chief Judge.

(b) Every warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-9 of the Code of Criminal Procedure and shall issue on the appropriate approved form.

(c) Every summons issued in lieu of a warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-11 of the Code of Criminal Procedure and shall be issued on the appropriate approved form.

(d) Every notice to appear shall conform to the requirements set forth in 725 ILCS 5/107-12 of the Code of Criminal Procedure and should, where practical, be made on the applicable approved form.

(e) Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

31.02 PROCESSING RETURNS ON BENCH WARRANTS

Traffic and Misdemeanor Charges:

(a) If a defendant is served with a bench warrant and taken into the custody of the Sheriff during regular work hours, and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows:

(1) If the warrant was issued by a judge regularly assigned to the Misdemeanor Division, then the accused shall be brought before the judge who issued the warrant, if practicable. If the judge who issued the warrant is absent or unable to act, then the accused shall be taken before the judge sitting in Bond Court at the next available time. [Code of Criminal Procedure 725 ILCS 5/109-2(a)].

(2) If the warrant was issued by a judge not regularly assigned to the Felony or Misdemeanor Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

(b) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows:

(1) If the bench warrant was issued by a judge not regularly assigned to the Misdemeanor Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.

(2) If the bench warrant was issued by a judge regularly assigned to the Misdemeanor Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court day to hear such matters.

If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.

Felony Charges:

(a) If a defendant is served with a bench warrant and taken into custody of the Sheriff during regular working hours and charged with at least one felony, said defendant shall be brought before the Court as follows:

(1) If the warrant was issued by a judge regularly assigned to the Felony Division, then the accused shall be brought before the judge who issued the warrant. If the judge who issued the warrant is absent or unable to act, then the accused shall be taken before the judge sitting in Bond Court at the next available time. [Code of Criminal Procedure 725 ILCS 5/109-2(a)].

(2) If the warrant was issued by a judge not regularly assigned to the Felony Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

(b) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours, said defendant shall be brought before the Court as follows:

(1) If the bench warrant was issued by a judge not regularly assigned to the Felony Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.

(2) If the bench warrant was issued by a judge regularly assigned to the Felony Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court date set to hear such matters. However, where the bond has been set as "no bond", the defendant shall be held without bail and brought before the judge who issued the warrant or to whom the case is assigned on the next available date, in accordance with 725 ILCS 5/110-3.

If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.

31.03 BAIL

(a) If it is deemed necessary to post bail money in accordance with 725 ILCS 5/110-1 et seq. of the Code of Criminal Procedure, an appropriate bail amount shall be indicated on an approved bail bond form setting forth all conditions of the bail bond.

(b) If the arrest was made pursuant to warrant, the amount of bail shall be that set forth on the arrest warrant, unless the Court orders otherwise.

(c) If the arrest was made without warrant and relates to non-felony charges, the bail shall be set in accordance with Supreme Court Rules 526, 527 and 528, unless the accused is brought before a judge and the Court determines a different bail. For purposes of this Rule, the amount of cash bail for a violation of Section 12-603.1 of the Illinois Vehicle Code (625 ILCS 5/12-603.1) shall be as set forth in Supreme Court Rule 526(a).

(d) The highest ranking officer on duty of any law enforcement agency located within the 18th Judicial Circuit may authorize the release, except as provided in Rule 31.03(e), by giving individual bonds in the amount required by law persons charged with:

(1) Traffic offenses as set forth in Supreme Court Rule 526;

(2) Conservation offenses as set forth in Supreme Court Rule 527;

(3) Ordinance offenses, petty offenses, business offenses and certain misdemeanor offenses as set forth in Supreme Court Rule 528;

(4) Persons required to deposit both bail and driver's license under Rule 526(e) may be released on $1,000 cash bail.

(e) The provisions of Rule 31.03(d) shall not apply to cases in which:

(1) The accused is unable or unwilling to establish his or her identity or submit to being fingerprinted as required by law;

(2) Where the accused is charged with an offense punishable by imprisonment and will pose a danger to any person or the community;

(3) Where the accused elects release on separate bail under Rule 503(a)(3) or 503(a)(4).

(f) If the arrested person is under the age of seventeen (17) years, individual bond release shall be ordered by the highest raking officer on duty in accordance with Supreme Court Rule 553.

(g) If the arrested person fails to give bail as provided, the person shall remain in custody upon a written order in accordance with 2-1801 of the Code of Civil Procedure (735 ILCS 5/2-1801), such order may be in the form of a mittimus.

(h) After a preliminary examination at which the Court finds no probable cause:

(1) The Clerk is authorized to refund the bond posted, less statutory fees, to the persons legally entitled thereto; or

(2) The Court may by appropriate order determine the person or persons to whom bond is to be refunded; or

(3) The Court may, with the concurrence of the accused and the accused's attorney, allow the defendant's bond to stand for a reasonable period of time.

31.04 SETTING OF BAIL BOND IN FELONY CASES

All persons charged with a felony who, upon arrest, are not brought before a judge immediately because of the hour of the arrest shall be brought before a bond judge at the earliest time practicable.

31.05 BOND COURT

(a) Bond Court shall be convened as set forth in the Administrative Order of the Chief Judge.

(b) Bond hearings in all traffic, misdemeanor and felony cases, in which bond has not been set previously, shall be conducted in the Bond Court.

(c) At the bond hearing, each CF case along with companion CM and TR cases, shall be randomly assigned to one of the courtrooms designated in the Felony Division, on a pro rata basis.

(d) Where practicable, all cases assigned to a given judge at Bond Court shall be set for preliminary hearing on the motion day of the assigned judge.

(e) Any DT, DV or CM bond status date shall be held in the courtroom to which the case has been assigned.

31.06 (RESERVED)

31.07 (RESERVED)

31.08 ARRAIGNMENT AND PLEA

(a) When all of the following circumstances exist, misdemeanor and traffic cases shall be set for arraignment not less than thirty (30) days from the date of the defendant's arrest:

(1) The case has been assigned to the Misdemeanor Division; and

(2) The defendant has been released on bail.

(b) Arraignment in every type of criminal case other than as provided in (a) above shall be set as ordered by the Court.

(c) The pre-plea report of the Court Services Department shall be prepared in accordance with Rule 32.04.

31.09 ANALYSIS REPORT OF FIELD TESTS

For those charged under the Controlled Substance Act or the Cannabis Control Act, which requires evidence as to the chemical makeup and the quantity of a substance, the following evidence shall be admissible in a preliminary hearing:

(a) The analysis resulting from the conduct of "field tests," when conducted by a witness qualified to conduct such tests;

(b) The weights as determined by a scale used for the purpose of determining the quantity of such substances by the arresting department or law enforcement agency;

(c) Laboratory reports from qualified analyst, if available. If unavailable at the time of the preliminary hearing, a copy of it shall be forwarded to the defendant's attorney, or the defendant if unrepresented, upon receipt by the State's Attorney's Office, without the necessity of a formal discovery motion.