2.01 Criminal Division Assignments - Winnebago County 2.02 Felony Judge Status Calls - Winnebago County 2.03 Subpoena for Production of Specified Documents, Objects or Tangible Things 2.04 Responsibilities when Issuing a Subpoena Duces Tecum 2.05 Case Scheduling and Unshackling Requests 2.06 Pending Criminal Misdemeanor and Traffic Arrest Warrants and Complaints 2.07 Genetic Marker Group (DNA) Testing 2.08 DUI Alcohol/Drug Assessments - Drivers Remedial Education Programs 2.08A Drug Education Program (Accountability and Change Track [ACT]) 2.09 Release on Individual Bond Without Posting Cash Security 2.10 Traffic - Traffic Safety Program 2.11 Operation of Uninsured Motor Vehicle - Circuit Clerk and State's Attorney Employees 2.12 Offenses Punishable by Fine Only 2.13 Applications for Waiver of Court Assessments - Criminal Cases 2.14 Bond Assignment & Distribution Orders 2.15 Access to Eighth Floor of Winnebago County Courthouse 2.16 Elections to Withdraw Bond - Written Motion and Order Required 2.17 New Case Assignment, Consolidation and Reassignmnet - Winnebago County 2.18 Protocols in Relation to Bona Fide Doubt as to the Defendant's Fitness to Stand Trial 2.19 Protocols in Relation to Unfitness to Stand Trial 2.01 Criminal Division Assignments - Winnebago County The criminal division shall hear all matters concerning the following matters: Criminal Felony Criminal Misdemeanor Domestic Violence Driving Under the Influence Major Traffic Minor Traffic Miscellaneous Criminal Quasi-Criminal Ordinance Violation Conservation Civil Law All matters in this division shall be subject to the following procedures: Felony cases will be assigned by the Court Administrator's Office according to felony case assignment guidelines. A case is considered to have been "placed on the trial call of a judge" when the parties are first informed of the judge to whom the case is assigned in open court, including at bond court; Discovery is to be substantially completed by the first status following arraignments and further subject to case management orders; A date for the next hearing will always be set each time a matter is before the court, unless an active warrant has been issued for the defendant named on the case; Felony, misdemeanor and traffic jury weeks are identified in the Criminal Jury Calendar which is posted and available on the 17th Circuit's website, www.17thcircuit.illinoiscourts.gov. Judges Assigned to the Division: Judges John S. Lowry, Brendan A. Maher, Ronald J. White, Jennifer J. Clifford, Tamika R. Walker, Philip J. Nicolosi, Debra D. Schafer, Scott R. Paccagnini, Amy K. Peterman and Heidi E. Agustsson are assigned full-time to the Criminal Division. Judges Janet R. Holmgren and John T. Gibbons are assigned part-time to the Criminal Division. In addition to the above assignments, the Chief Judge may also assign any Circuit or Associate Judge to any individual case or call as the Chief Judge deems appropriate. Amended: 4/17/2024 Back to the Top 2.02 Felony Judge Status Calls - Winnebago County A. Judges' felony status calls in Winnebago County are identified on the Felony Status Calendar which is posted and available on the 17th Circuit Court's website. Cases may be set for hearing at the designated times before each judge by continuance from a previous hearing, by agreement of the parties on notice to all parties, or by order of the court as noticed by the clerk. Any matter requiring extended argument or testimony will be specially set for hearing at other available times by the court. Any one of the circuit or associate judges, in the absence of a circuit judge, may be assigned to hear the call of cases for that day. Revised 06/10/2020 Back to the Top 2.03 Subpoena for Production of Specified Documents, Objects or Tangible Things The Clerk of the Court shall issue subpoenas limited to the production of specified documents, objects or tangible things when requested by the prosecutor or the accused. The subpoena shall require the person or entity to which it is directed to produce the designated documents, objects or tangible things. Subpoenas shall be returnable before the judge assigned to the case at a time that the court is normally in session. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules. In cases where the documents, objects, or tangible things sought are protected under the privacy rules of the Federal Health Insurance Portability and Accountability Act (HIPAA), the party seeking the items shall give notice of the issuance of the subpoena, in accordance with subsection (e), to the person who holds the privacy privilege to the documents, objects, or tangible things involved. The person to whom a subpoena is directed who has actual or constructive possession or control of the specified documents, objects or tangible things sought by the subpoena shall respond to any lawful subpoena of which he has actual knowledge. Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least fourteen (14) days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage enclosed. The person to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Court together with a certificate that compliance is complete an accurate on or before the return date listed on the subpoena. Subpoenaed materials shall not be mailed or provided to the Circuit Clerk's Office. A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the action:YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE DUE DATE TO: COURT ADMINISTRATION OFFICE, WINNEBAGO COUNTY COURTHOUSE, 400 W. STATE STREET, ROCKFORD, ILLINOIS 61101. THE CASE NUMBER SHOULD BE IDENTIFIED ON THE OUTSIDE OF THE ENVELOPE.COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE JUDGE PRESIDING STATED ABOVE.Copy of an approved Subpoena Duces Tecum (Appendix KK) is available at the Winnebago County Circuit Clerk's Office, or can be accessed via the 17th Circuit website (http://www.illinois17th.com/). A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects and tangible things attached thereto represent full and complete compliance with said subpoena. Date: __________________________________ Signature: ______________________________ Print Name: ______________________________ Order Entered: 11/26/2008 Back to the Top 2.04 Responsibilities when Issuing a Subpoena Duces Tecum Responsibilities when Issuing a Subpoena Duces Tecum When a subpoena duces tecum is issued by the Circuit Clerk at the request of a party, it shall be given the next regularly scheduled court date for that case as a return date on the subpoena in open court.If the return date for the subpoena duces tecum is for other than the next regularly scheduled court date for that case, the party seeking the issuance of the subpoena duces tecum shall specify a court date for the return of the subpoena duces tecum in open court and shall inform the Circuit Clerk of that next necessary court date at the time of the issuance of the subpoena. If the date for the return of subpoena duces tecum is not on a previously set court date, the party requesting the subpoena shall send notice to all parties indicating the new court date set specifically for the return on the subpoena. Upon receipt of a subpoena duces tecum from a party, if the return date on the subpoena is not for an already scheduled court date, the Circuit Clerk shall schedule the return of the subpoena in open court at a date and time indicated by the party seeking its issuance and the court file shall be present in the courtroom. The date and time for return of the subpoena duces tecum in open court shall be indicated by an entry in the court's docket. If the date for the return of subpoena duces tecum was not on a previously set court date, the party seeking its issuance shall send notice to all parties indicating the new court date set specifically for the return on the subpoena. Last Updated: 4/29/09 Back to the Top 2.05 Case Scheduling and Unshackling Requests In all instances where a party: places a case on the call of a presiding judge, by motion or otherwise, and one party is lodged in the Winnebago County Jail; or seeks the attendance of a witness that is lodged in the Winnebago County Jail it shall be the responsibility of the party to seek and obtain a jail order no later than 5:00 p.m. on the business day immediately prior to the scheduled court date. The Court will not direct the jail to bring an in-custody party to court absent the entry of a timely submitted jail order. Any party seeking to unshackle a defendant or witness who is lodged in the Winnebago County Jail, must bring their request to the attention of the presiding judge. If a court order regarding unshackling was not obtained in advance of a proceeding, and a party intends to make a request on the day of the subject proceeding, then the party must give at least 24 hours advanced notice of their request to Winnebago County Corrections. The provisions in this section do not apply to jury trials or bench trials at which guilt or innocence is being determined. Revised: 5/30/2019 Back to the Top 2.06 Pending Criminal Misdemeanor and Traffic Arrest Warrants and Complaints Criminal misdemeanor and traffic arrest warrants and complaints which have not been served within two (2) years from the date of filing the complaint shall be dismissed with leave to reinstate not later than four (4) years from such date of filing. Criminal misdemeanor and traffic bench warrants wherein the defendant failed to appear for trial and which have not been served within four (4) years from the time of issuance of the bench warrant shall be vacated; all bond forfeitures issued as a result of the defendant's failure to appear for trial shall continue to be in full force and effect; Criminal misdemeanor and traffic bench warrants issued due to the defendant's failure to appear and pay an ordered fine and costs, which have not been served within two (2) years from the time of the issuance of the bench warrant, shall be vacated and a judgment for the amount due and owing shall be entered of record against the defendant. Last Updated: 9/92 Back to the Top 2.07 Genetic Marker Group (DNA) Testing Pursuant to Public Act 92-829 amending Section 5/5-4-3 of the Unified Code of Corrections, any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, convicted or found guilty of any offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given supervision for any offense classified as a felony under the Juvenile Court Act of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood, saliva, or tissue to the Illinois Department of State Police. All persons who are required to submit genetic specimens to the Illinois Department of State Police pursuant to this Act shall, at the time of sentencing, be ordered to submit a blood specimen within 45 days after sentencing or disposition, or within 45 days after seeking transfer to, or residency in, the State of Illinois through the Interstate Compact. Unless the conditions under C-1 have been satisfied, offenders shall be ordered to provide and cooperate with the collection of said specimens, and will be subject to contempt of court if he or she undertakes any deliberate act intended to impede, delay or stop the collection of the said specimen; in addition thereto, any such deliberate act may constitute a Class A misdemeanor. If the State's Attorney's Office has received written verification from the Illinois State Police that the defendant has previously submitted a valid genetic specimen, either as a juvenile or adult, and such written verification is filed in the permanent court file, then an additional genetic specimen from the defendant is not required. Unless the conditions under D-1 have been satisfied, the offender shall be directed to pay to the clerk of the court an analysis fee of $200.00, in addition to any other disposition, penalty, costs or fines imposed. The fee shall be paid at the time of sentencing unless the court establishes, for good cause, the fee cannot be paid forthwith. In such event the court shall establish a collection fee schedule which shall not exceed 24 months from time of sentencing. Upon collection of the full fee, the clerk of the court shall transmit said fee, less $10.00 for administrative costs, to the State Offender DNA Identification System Fund on the first day of the month following full collection of said fee. The Circuit Court Clerk is authorized to reduce the total fines and fees by $200 of a defendant who has been assessed an analysis fee pursuant to 730 ILCS 5/5-4-3 if the defendant has previously submitted a valid genetic specimen, either as a juvenile or adult, when written verification of Illinois State Police provided stating that the defendant has previously submitted a valid genetic specimen, and such written verification is filed in the permanent court file. The Probation and Court Services Department(s) within the circuit shall ensure the obtaining and forwarding of the specimen to the Illinois State Police in all cases except those in which the offender is (either) sentenced to the Department of Corrections (or the county jail). The Probation and Court Services Department(s) within each county of the circuit (or the sheriff, when the offender is sentenced to the county jail) shall ensure the specimens are collected in the form and manner established by the Illinois State Police and allow only medically qualified personnel to collect the said specimens. Order Entered: 11/26/2008 Back to the Top 2.08 DUI Alcohol/Drug Assessments - Drivers Remedial Education Programs The 17th Judicial Circuit Court, in order to insure the proper and efficient processing of those individuals charged with driving under the influence of alcohol/drug offenses (DUI), established the following rules for all licensed service agencies providing alcohol/drug assessments or driver remedial education programs and substance abuse treatment. These rules are in addition to those promulgated by the Illinois Department of Human Service Division of Alcohol and Substance Abuse. Any licensed agency providing mandatory initial alcohol/drug assessments for the court pursuant to the statutory requirements of the DUI statute must meet the following criteria. However, the judge assigned to the DUI/major traffic court will have the authority to appoint an assessment agency to initially assess a specific offender if there is good cause why the agency or agencies meeting the below requirements should not conduct the assessment. The assessment agency must demonstrate competency in the substance abuse field. The assessment agency must be available to testify in court when needed. The assessment agency must charge a fair and reasonable fee. The assessment agency must provide assessments within court ordered and statutory deadlines. The assessment agency must have mutual working agreements with all driver remedial providers. The assessment agency must have working agreements with all other treatment providers providing services to the 17th Judicial Circuit. The assessment agency must not provide substance abuse treatment or education classes to defendants for whom they have completed assessments. The assessment agency must maintain contact with the providers and shall update assessments if new information is provided that would require a change in the initial assessment. The assessment should be amended according to the new information and shall be furnished to the probation department, service provider and offender. A defendant may obtain additional alcohol/drug assessments at an Illinois Department of Human Service Division of Alcohol and Substance Abuse. All licensed programs shall adhere to the Department of Human Services Division of Alcohol and Substance Abuse rules and regulations. An individual may participate in a treatment program once his or her evaluation has been completed. Any licensed agency providing a DUI remedial education program shall comply with the following: The remedial education course shall be a minimum of ten (10) hours in length in accordance with DASA guidelines. The course program shall be at least five (5) weeks in length with two (2) hour class sessions. An individual with a pending DUI case shall not be enrolled in a driver remedial education program without having completed an assessment pursuant to this rule. There shall be random drug testing of all participants, with each participant being tested a minimum of one (1) time during the five (5) week session. The drug testing shall include Ethyl Glucuronide - ETG, THC metabolite, Cocaine, Meth/Amphetamines, Benzos and Opiates. The court encourages further testing at the discretion of the service provider. Licensed agencies shall encourage family members and/or meaningful others to attend classes with the clients, at no additional costs. Last Updated: 9/1/2020 Back to the Top 2.08A Drug Education Program (Accountability and Change Track [ACT]) The Court of the 17th Judicial Circuit in order to ensure the public safety and to properly and efficiently process those individuals charged with criminal misdemeanor or criminal felony offenses establishes the following program. The Accountability and Change Tract (ACT) Program is intended for individuals who have been placed on probation pursuant to 720 ILCS 550/10; 720 ILCS 570/410; 730 ILCS 5/5-6-1 et al, conditional discharge pursuant to 730 ILCS 5/5-6-1 et al, court supervision pursuant to 730 ILCS 5/5-6-3.1 et al, or on deferred prosecution pursuant to the Winnebago County Deferred Prosecution Program who as a condition of the court order are required to submit to random drug and alcohol testing at the discretion of the probation office and to participate in counseling and treatment at the direction of the probation office including all substance abuse counseling and have been found not dependent on cannabis or any controlled substance. The purpose of ACT is to educate individuals about substance abuse and to verify the non-dependent diagnosis and refer to treatment if necessary. (OASA) Any State of Illinois licensed agency authorized to provide substance abuse treatment may conduct the program but must meet the following criteria: The agency must demonstrate competency in the substance abuse field. The agency must monitor each defendant in the educational program on a regular basis and report to the court as to the client's progress on a regular basis. The agency must be available to testify in court when needed. The agency must charge a fair and reasonable fee with a sliding scale for indigent participants. The agency must provide sessions within court ordered deadlines. Any State of Illinois licensed agency providing the program under this rule shall comply with the following: The educational program shall be eight (8) weeks in length with one and one half (1½) hour group sessions meeting once per week. There shall be no more than fifteen (15) participants per group session. No individual shall be enrolled in the program without court order. Each participant shall provide a minimum of one (1) urine analysis up to a maximum of three (3) urine analyses during the eight-week session. Licensed agencies may encourage family members and/or meaningful others to attend classes with the client at no additional cost Last Updated: 4/00 Back to the Top 2.09 Release on Individual Bond Without Posting Cash Security The following provisions are effective July 1, 2020: Pursuant to Supreme Court Rule 553, the court authorizes the issuance of individual bonds, or “I-Bonds,” by authorized law enforcement personnel, for persons 17 years of age or older who are arrested for or charged with an offense covered by Supreme Court Rules 526 (major/minor traffic, truck offenses), 527 (conservation), or 528 (ordinance, petty offenses, business offenses, and certain misdemeanors), who are unable to post bail. This rule does not apply when the accused: Is charged with an offense punishable by imprisonment and will pose a danger to the community; Is unable or unwilling to establish his identity or submit to being fingerprinted as required by law; Is presently on bail or pretrial release for a pending criminal charge; Is in possession of a dangerous weapon at the time of arrest; and Is the subject of an outstanding warrant, detainer or bond forfeiture. Pursuant to Supreme Court Rule 552, the following law enforcement officers, and their deputies or subordinate officers, are authorized to release arrestees on individuals bonds as provided above: The Sheriff of Winnebago County; The Sheriff of Boone County; The Chief of the Rockford Police Department; The Chief of the Loves Park Police Department; and Any other agency which requests and receives permission in writing from the Chief Judge. Persons under 18 years of age who have been charged or arrested for a misdemeanor offense and who cannot post bail may be released on individual bond as provided above if law enforcement cannot, within a reasonable time, locate a parent or adult standing in the place of a parent to execute the bond as surety. Law enforcement agencies whose officers are permitted to issue I-bonds under this rule shall report to the chief judge at least once per year about training undertaken to ensure that decisions in the field are made with knowledge of the pertinent requirements and administered fairly and uniformly. Revised: 6/29/2020 Back to the Top 2.10 Traffic - Traffic Safety Program Pursuant to Supreme Court Rule 529(c), the standards for traffic safety programs promulgated by the Conference of Chief Judges, and any subsequent amendments made thereto, Rock Valley College is hereby authorized to conduct a traffic safety school. On a singular traffic offense, initiated by the issuance of a Uniform Citation and Complaint written in the 17th judicial circuit, effective March 1, 1992, and thereafter, and not requiring a court appearance (as set forth in Supreme Court Rule 551); a written application and plea of guilty may be mailed to the clerk of the circuit court, entering a plea of guilty, requesting an order for supervision and making application to attend the aforesaid traffic safety program; and thereon an order of supervision under 730 ILCS 5/5-6-3.1 may be entered, provided that in order to be eligible the motorist (defendant): Has not been placed on court supervision under SCR 529(c) for any traffic violation committed within twelve months preceding the issuance date of the current citation. "Committed" meaning the date the previous citation issued; Prepays the required fines, costs and program fee; and Successfully completes the traffic safety school and files certificate of successful completion on or before the time set by the court. In all cases where a person charged with a traffic offense files with the clerk of court a written plea of guilty and requests court supervision pursuant to SCR 529 (c); the clerk shall receive the same if all appropriate materials are included with the plea of guilty. The clerk shall then enter said person's name upon a return date 180 days from the date of the violation. Said person shall hence-forward be placed on court supervision subject to the terms and conditions provided by law and subject to completion of the Traffic Safety Program within 160 days from the date of violation.If, by the end of the 160-day period, the clerk does not receive a verification of completion of said program from Rock Valley College; the court supervision shall be revoked and a judgment of conviction shall enter.Upon the verification of completion of said program within the said 160-day period made by Rock Valley College to the clerk, the clerk shall terminate successfully the court supervision and dismiss the case. In all cases where a person has appeared in court, has plead guilty or has been found guilty, has received court supervision and has been ordered to complete a traffic safety program with 160 days from said plea or finding of guilty, the clerk shall enter a return date 180 days from said disposition date. If, by the end of the 160-day period, the clerk does not receive a verification of completion of said program from Rock Valley College, the court supervision shall be revoked and a Judgement of Conviction shall enter.Upon the verification of completion of said program within the said 160-day period made by Rock Valley College to the clerk, the clerk shall terminate successfully the court supervision and dismiss the case. Nothing herein shall prohibit the granting of supervision to individuals in person in court, upon such terms and conditions as the sentencing judge considers appropriate pursuant to statute including, but without limitation, referral to a traffic safety program as a portion of said sentence. To the extent this order may conflict in whole or part with any prior order, this order shall amend or supercede said order or part thereof. The chief judge shall appoint a judge to act as supervising judge for the Traffic Safety Program, who shall have the powers and responsibilities set forth in this general order and who shall serve at the discretion of the chief judge. Last Updated: 2/02 Back to the Top 2.11 Operation of Uninsured Motor Vehicle - Circuit Clerk and State's Attorney Employees Pursuant to 625 ILCS 5/3-707, the following Circuit Clerk and State's Attorney employees and/or the employees in the listed positions are hereby appointed officers of the court designated to review the documentation demonstrating that at the time of arrest, the motor vehicle was covered by liability insurance policy in accordance with section 7-601 of the Vehicle Code. The designees in the Winnebago County Circuit Clerk's Office are Corena Fiorello, Karen Fisher, Robin Bach, Courtney Jumbeck, Samantha Jumbeck, LIndsey Leombruini, Melissa Newton, Dijana Kecojevic, Amy Marquardt, and Kelli Kalina. The designees in the Boone County Circuit Clerk's Office are Pam Coduto, Kelly Boettger, Drew Cook, Jody DalSanto, Kris Pearson, Rebecca Slack, Bryan Sipe, Ray Mitchell and David Vant. The designees in the Winnebago County State's Attorney Office shall include the following personnel: The Winnebago County State's Attorney; All Winnebago County Assistant State's Attorneys; All Winnebago County Special Assistant State's Attorneys. The designees in the Boone County State's Attorney Office shall include the following personnel: The Boone County State's Attorney; All Boone County Assistant State's Attorneys; and All Boone County Special Assistant State's Attorneys. The following policies and procedures shall be followed when reviewing insurance documentation. Acceptable proof of insurance will be limited to: an original Illinois Insurance Card; an original Insurance Policy Declaration Page; a letter from the insurance agent or insurance company stating that on the date charged in the charging document the vehicle described in the charging document was insured; a fax sent directly to either the Circuit Clerk's or State's Attorney's Office from the insurance agent or insurance company stating that on the date charged in the charging document the vehicle described in the charging document was insured; a clear photocopy of any of the above documents that in the discretion of the clerk designee does not show evidence of altering or tampering with or other change in production of the photocopy. The document presented must show the dates of coverage as well as identify the make and year of the covered vehicle. The coverage period must include the date of the arrest on the ticket for a dismissal to occur. Application document and cancellation documents are not acceptable. The proof of insurance must be submitted on or before the next scheduled court date. If there is a question as to coverage, the designee should require the person to appear before the judge on the ticket return date or the next court date. If the uninsured motor vehicle ticket is dismissed and the remaining tickets are then non-must-appear tickets, those remaining tickets may be paid over the counter in the same manner as other non-must appear tickets are presently handled. Only those designees identified in Paragraphs A through D of this General Order No. 2.11 may review insurance documentation for out-of-court dismissals. The court docket entry shall indicate "Proof of Insurance reviewed by (Insert designee's initials) _____________________________,case dismissed." Upon presentation of acceptable proof of insurance as set forth in this General Order 2.11, it is ordered that the uninsured motorist's ticket shall be dismissed. Amended 4/17/2024 Back to the Top 2.12 Offenses Punishable by Fine Only Those defendants who are unable to post bail for non-traffic petty offenses shall be let to bail on fifty dollar ($50.00) personal recognizance bonds. Last Updated: 9/92 Back to the Top 2.13 Applications for Waiver of Court Assessments - Criminal Cases Applications for Waiver of Court Assessments pursuant to 725 ILCS 5/124A-20 and Illinois Supreme Court Rule 404 are applicable for all criminal case types, except for violations charged under the Illinois Vehicle Code. The following provisions shall apply: Applications for Waiver of Court Assessments shall be: Submitted using the form specified and approved by the Illinois Supreme Court for such purpose. Supported with the following documentation: If eligibility is based on a household income of less than 400% of the current Federal Poverty Guidelines, then include a copy of a current year-to-date paystub, last year’s W2, last year’s 1099, and/or last year’s tax return; or If eligibility is based on receipt of Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance to Needy Families (TANF), Food Stamps (SNAP), General Assistance, Traditional Assistance, or State Children and Family Assistance, then include a copy of a document showing your current program eligibility. The factors to be considered in evaluating an Application for Waiver of Assessments are set forth in 725 ILCS 5/124A-20(c). The judge presiding over the case may address an Application for Waiver of Court Assessments at the time of sentencing without any additional notice, and may elect to proceed on oral examination of the defendant in lieu of any supporting documentation as provided in Paragraph A(2) above. Enacted 6/26/2019 Back to the Top 2.14 Bond Assignment & Distribution Orders This General Order governs the presentment, execution and operation of Bond Assignment & Order forms submitted by counsel to the Courts in the Criminal Division of the 17th Judicial Circuit. A fully executed Bond Assignment & Order operates to place a lien on the funds posted by a defendant in a criminal proceeding subject to being enforced at the disposition of the criminal proceeding by the individual to whom bond is assigned, consistent with state statutes and local rules and this General Order. The execution and filing of a Bond Assignment & Order will not result in or cause the pre-disposition release of any or all of the funds posted by a defendant to any individual by the Winnebago County Circuit Clerk’s Office except as set forth in this General Order. If the disposition of a criminal case results in the imposition of restitution, fines, fees, assessments, and/or court costs upon the defendant, the defendant’s posted bond will be applied: (1) to any restitution obligation imposed on the defendant in the disposed case; and then (2) the fines, fees, assessments, and costs imposed on the defendant in the disposed case; and then (3) to the payment of any outstanding restitution, fines, fees, assessments, and costs owed by the defendant; and then (4) to the defendant and/or his/her assignee under a properly executed Bond Assignment and Order. Any request for an Interim Bond Distribution prior to the disposition of the case in which bond has been posted by a defendant shall be in made in a written motion, with notice to the State, identifying a specific need for the pre-disposition release of a specified amount of the defendant’s posted bond. By way of example, specified needs might include: initial installation and monitoring fees associated with a Court’s requirement that a defendant be subject to a SCRAM device; retention of an expert witness in connection with the defendant’s pending case; obtaining a court-ordered evaluation (e.g. substance abuse, mental health, sex offender, etc.). Counsel shall not routinely tender, and Courts shall not routinely accept and sign, “scratch orders” for pre-disposition distribution of a defendant’s posted bond to counsel as full or partial payment for the defendant’s attorneys’ fees. Any request for pre-disposition distribution for that purpose is subject to the filing of a written motion as set forth in Paragraph D, above, of this General Order 2.14. Amended 9/19/2019 Back to the Top 2.15 Access to Eighth Floor of Winnebago County Courthouse In order to assure the secrecy of grand jury proceedings as required by 715 ILCS 5/112-6, IT IS HEREBY ORDERED THAT FROM THE DATE OF THIS ORDER AND THEREAFTER UNTIL REVOKED: All persons not having official business with the eighth floor State's Attorney's office or a scheduled grand jury, are not allowed on the eighth floor when the grand jury is in session. Persons on the eighth floor for official business must exit the floor immediately after completion of said business. Except as provided for in 725 ILCS 5/112-7, no audio, photographic, or video recordings shall be made at the eighth floor location of persons participating in grand jury proceedings. Last Updated: 2/96 Back to the Top 2.16 Elections to Withdraw Bond - Written Motion and Order Required A defendant who has posted cash bond and has been released in a case or cases may choose to withdraw the bond and to be held in custody on the case or cases. People v. Arnhold, 115 Ill. 2d 379, 383, 504 N.E.2d 100, 102 (1987); see also People v. Hatchett, 203 Ill. App. 3d 989, 991, 560 N.E.2d 1347, 1348 (5th Dist. 1990). However, there is no authority for the Clerk to return cash bond absent a court order. Consequently, any defendant seeking to withdraw bond must do so by filing a motion and obtaining an order permitting withdrawal. The judge entering the order will determine whether there are any other obligations to be satisfied out of the posted bond before it is withdrawn. Enacted 12/19/2019 Back to the Top 2.17 New Case Assignment, Consolidation and Reassignment - Winnebago County A. Assignment, consolidation and reassignment of Criminal Felony (CF) cases 1. Generally, new felony cases shall be assigned by Trial Court Administration to one of the felony trial judges. However, when a defendant is charged with a new felony and has a pending felony already assigned to a trial judge, including a problem-solving judge, the new case will be consolidated with the old case before the same trial judge. If not done at the assignment stage, the new case may be reassigned to the trial judge with the previously pending matter without going through the Presiding Judge of the Criminal Division. 2. Co-defendants (charged out of the same set of facts, regardless of when arrested), whether or not charged in the same charging document, shall be assigned or transferred to the trial judge with the lowest case number. Questions concerning the proper assignment (e.g. when multiple codefendants have pending charges before different judges) shall be resolved by the Presiding Judge of the Criminal Division or the Chief Judge should the Presiding Judge be unavailable. 3. Felony Specialty Courts: If, at the time of arrest, the defendant does not have any other pending CF cases which would control the assignment, certain cases shall be assigned as follows: a. Domestic Violence Coordinating Courts (DVCC) – felony cases involving intimate partners, other than aggravated battery to a pregnant person, will be assigned to the presiding judge in Courtroom 467. b. Aggravated battery to a pregnant person involving intimate partners, aggravated battery to a person 60 years or older, criminal abuse or neglect of an elderly person or person with a disability, and financial exploitation of an elderly person or person with a disability shall be assigned to the presiding judge in Courtroom 478. c. Felonies based on the Illinois Vehicle Code and other major traffic cases shall be assigned to the presiding judge in Courtroom C. d. Post-Conviction petitions shall be assigned to the trial judge who presided over the plea or trial. If such assignment is not possible or practicable, the case shall be assigned to the trial judge assigned in the courtroom in which the defendant’s case was previously handled. Any ambiguity as to assignment shall be resolved by the Presiding Judge of the Criminal Division or the Chief Judge should the Presiding Judge be unavailable. e. Sexually Dangerous and Sexually Violent Person petitions initially shall be assigned to the Presiding Judge of the Criminal Division who may retain or reassign them. f. Gun Court - felony cases involving a possession of gun offense as the most serious charged offense, and not otherwise subject to an assignment determination based on one of the above provisions, shall be assigned to the Presiding Judge in Courtroom A. 4. Exceptions to consolidation: A defendant with pending felony charges in Courtroom C who is charged with a non-IVC felony. The cases will be consolidated in C and then, at the discretion of the trial judge in C, transferred to the Presiding Judge of the Criminal Division for reassignment. B. Assignment, consolidation and reassignment of Criminal Misdemeanors (CMs), and misdemeanor Driving under the Influence (DTs) and minor traffic offenses (TRs): 1. Generally, new misdemeanor cases shall be assigned by the Circuit Clerk’s office to a misdemeanor or major traffic courtroom. However, when a defendant is charged with a new misdemeanor or DUI and has a pending misdemeanor or DUI matter already assigned to a trial judge, including a problem-solving judge, the new case will be consolidated with the old case. If not done at the assignment stage, the new case may be reassigned to the trial judge with the previously pending matter without going through the Presiding Judge of the Criminal Division or the Administrative Associate Judge. 2. Generally, minor traffic charges and conservation offenses shall be assigned to the presiding judge in Courtroom 125. However, that judge shall consolidate minor traffic cases with cases pending in other courtrooms when: a. They arise out of the same set of facts; or b. The older pending matter is a CM or DT, not a CF; or c. The State is seeking more than a fine; or d. The defendant is in custody. 3. Except as provided for in paragraph 5 below, for a defendant who is charged with a new felony, any pending misdemeanor and/or DUI charges shall be consolidated with the felony. 4. Co-defendants (charged out of the same set of facts, regardless of when arrested), whether or not charged in the same charging document, shall be assigned or transferred to the trial judge with the lowest case number. Reassignments and questions concerning the proper assignment of CMs, DTs and TR cases shall be resolved by the Administrative Associate Judge, the Presiding Judge of the Criminal Division or the Chief Judge should the Administrative Associate or Presiding Judges be unavailable. 5. Exceptions to consolidation: a. DUIs and minor traffic cases charged by municipalities under local ordinance shall NOT be consolidated with other matters unless they arise out of the same set of facts. b. Unrelated traffic offenses where the defendant is out of custody shall not be consolidated with a felony charge. 6. Misdemeanor Specialty Courts: If, at the time of arrest, the defendant does not have any other pending CM cases which would control the assignment, certain cases shall be assigned as follows: a. Domestic Violence Coordinating Courts (DVCC) - cases involving intimate partners will be assigned to Courtroom 467. b. CM Prostitution and Solicitation of a Prostitute cases shall be assigned to the presiding judge of the PATH Court. c. DUIs charged under state statute shall be assigned to Courtroom C. d. DUIs charged under local ordinance by municipalities shall be assigned to Courtroom 315. C. Definition of “pending” A “pending” matter is one in which a case has an existing court date on a same category of charge (CF, CM or DT, or TR) regardless of whether it is pre- or post-plea, trial or sentencing. If, at the time of arrest, there are no pending matters, but prior to arraignment on the new felony charge the State files a petition to vacate probation or conditional discharge on an old charge that is assigned to a different judge, the new charge shall be reassigned to the trial judge to whom the petition is assigned. If the petition to vacate probation or conditional discharge is filed after the arraignment on the new charge, the petition shall also be heard by the trial judge on the new charge. D. Effect of Substitution Substitution by either party on the new case of the trial judge on the pending (old) case will have no effect on the assignment of the old case. The State’s election will dictate whether the cases are kept with the original judge or sent to the trial judge assigned on the new case. Revised 05/11/2022 Back to the Top 2.18 Protocols in Relation to Bona Fide Doubt as to the Defendant's Fitness to Stand Trial In a criminal case, upon the raising of a bona fide doubt as to the defendant’s fitness to stand trial or upon the defendant’s request to appoint a licensed clinical psychologist for the purpose of ascertaining if there is a bona fide doubt as to a defendant’s fitness to stand trial, and the entry of an order by the court appointing a licensed clinical psychologist to conduct an evaluation as to the defendant’s fitness to stand trial or to ascertain if there is a bona fide doubt as to a defendant’s fitness to stand trial, the following procedures related to the transfer of documents to the appointed licensed clinical psychologist shall apply: 1. The moving party shall gather the following documents and transmit them on the same or next business day to the court appointed evaluator: a. The arrest report b. The charging instrument c. The pretrial services report and the defendant’s arrest record if available 2. The moving party shall send a courtesy email to the appointed evaluator on the same or next business day attaching the order appointing the evaluator to conduct the evaluation as to fitness to stand trial or to determine if a bona fide doubt exists as to the defendant’s fitness to stand trial. 3. If the bona fide doubt as to the defendant’s fitness to stand trial is raised by the Court or the Court appoints a licensed clinical psychologist for the purpose of ascertaining if there is a bona fide doubt as to a defendant’s fitness to stand trial the documents described above shall be transmitted to the appointed evaluator by the defendant’s attorney and the defendant’s attorney shall also send a courtesy email to the appointed evaluator on the same or next business day attaching the order appointing the evaluator to conduct the evaluation as to fitness to stand trial or to determine if a bona fide doubt exists as to the defendant’s fitness to stand trial. 4. The transmission of documents to a court appointed licensed clinical psychologist for the use in conjunction with conducting an evaluation related to fitness to stand trial shall not constitute a violation of a protective order related to dissemination of discovery materials. 5. Upon completion of a court ordered evaluation to determine fitness to stand trial, the evaluator shall forward copies of the evaluation to the court and to counsel. 6. Upon completion of a court ordered evaluation to determine if a bona fide doubt as to the defendant’s fitness to stand trial exists, the evaluator shall forward copies of the evaluation directly to the defendant’s attorney. Enacted: 06/28/2022 Back to the Top 2.19 Protocols in Relation to Unfitness to Stand Trial In a criminal case, upon a finding of unfit to stand trial and entry of order for the defendant to undergo treatment with the Illinois Department of Human Services for the purpose of restoration to fitness to stand trial, the following procedures related to transfer of documents to the Illinois Department of Human Services shall apply (725 ILCS 5/104-17(d)): 1. During the same court appearance wherein the court has found the defendant unfit to stand trial, the attorneys for each party shall coordinate and gather copies of the following documents and hand them directly to the deputy circuit clerk while in court. a. The arrest report b. The charging instrument c. The pretrial services report and the defendant’s arrest record if available d. The evaluation for fitness to stand trial; 2. The Office of the Circuit Clerk shall prepare a certified copy of the order finding the defendant unfit to stand trial and undergo treatment for fitness to stand trial with the Illinois Department of Human Services; 3. The Office of the Circuit Clerk shall email the items indicated in Paragraph 1 and 2 above on the same or next business day to the Illinois Department of Human Services; 4. The Office of the Circuit Clerk shall email a copy of the order finding the defendant unfit to stand trial and undergo treatment for fitness to stand trial to the intake contact at the Illinois Department of Human Services on the same or next business day; and 5. The Office of the Circuit Clerk shall maintain under seal copies of all items sent to the Illinois department of Human Services in paragraph 1 above in the official record/file of the specific case. Enacted: 06/28/2022 Back to the Top
