Board of Commissioners of Cook County - File #: 19-0768

• File #: 19-0768
• Version: 2
• Name: Charitable Bond Fund Ordinance
• Type: Ordinance
• Status: Approved
• File created: 12/12/2018
• In control: Criminal Justice Committee
• On agenda: 12/12/2018
• Final action: 9/26/2019
• Title: PROPOSED AMENDMENT File 19-0768 AS SUBSTITUED PROPOSED ORDINANCE ARTICLE III. - PROTECTIONS FOR CHARITABLE ROTATING CRIMINAL BOND FUNDS AND THIRD-PARTY SURETIES BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 18 COURTS, ARTICLE III. - CHARITABLE ROTATING CRIMINAL BOND FUNDS AND THIRD-PARTY SURETIES, SECTION NUMBER(S) 18-45 - 18-50, of the Cook County Code is hereby enacted as Follows: Sec. 18-45. - Definitions The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Charitable Bond Fund means a not-for-profit 501c3, as defined by the Internal Revenue Service, organization that uses its funds to post bond for individuals who are detained at the Cook County Jail. Third Party Surety means any individual who posts bond for an accused person and who does not have a legal duty to support the accused person. Explicit Voluntary Con...
• Sponsors: LARRY SUFFREDIN, STANLEY MOORE, PETER N. SILVESTRI, BRANDON JOHNSON, JEFFREY R. TOBOLSKI

Date	Ver.	Action By	Motion	Result
9/26/2019	2	Board of Commissioners	approve as substituted	Pass
9/25/2019	1	Criminal Justice Committee	accept as substituted	Pass
9/25/2019	2	Criminal Justice Committee	recommend for approval as substituted	Pass
9/4/2019	2	Criminal Justice Committee	recommend for deferral
7/24/2019	2	Criminal Justice Committee	recommend for deferral as substituted	Pass
6/26/2019	1	Criminal Justice Committee	accept as substituted	Pass
6/26/2019	1	Criminal Justice Committee	recommend for deferral as substituted	Pass
12/12/2018	1	Board of Commissioners	refer	Pass

title
PROPOSED AMENDMENT File 19-0768 AS SUBSTITUED

PROPOSED ORDINANCE

ARTICLE III. - PROTECTIONS FOR CHARITABLE ROTATING CRIMINAL BOND FUNDS AND THIRD-PARTY SURETIES

BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 18 COURTS, ARTICLE III. - CHARITABLE ROTATING CRIMINAL BOND FUNDS AND THIRD-PARTY SURETIES, SECTION NUMBER(S) 18-45 - 18-50, of the Cook County Code is hereby enacted as Follows:

Sec. 18-45. - Definitions
The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable Bond Fund means a not-for-profit 501c3, as defined by the Internal Revenue Service, organization that uses its funds to post bond for individuals who are detained at the Cook County Jail.

Third Party Surety means any individual who posts bond for an accused person and who does not have a legal duty to support the accused person.

Explicit Voluntary Consent means actual and informed consent and does not include consenting as a predicate to being allowed to post the bond.

Sec. 18-46. -Encourage posting of bond by Charitable Bond Funds and Third-Party Sureties

Cook County encourages Charitable Bond Funds and Third-Party Sureties to post bond for individuals who cannot afford to post bond. This policy will allow for more resources to be put toward Pre-Trial Services and less toward housing individuals at the Cook County Jail. Further, Cook County will work with the Chief Judge of Cook County to revise the local rules to encourage Judges to do the following:

(a) Not deem a criminal defendant whose deposit or cash bond is posted by a Charitable Bond Fund or Third-Party Surety to be ineligible for representation by the Cook County Public Defender's Office due to the posting of bond.

(b) Not order any bonds posted by a Charitable Bond Fund or Third-Party Surety to be used to pay attorney's fees without the surety's explicit...