This Circuit Court rule governs Petitions to Rescind Statutory Summary Suspensions (625 ILCS 5/2-118.1) and shall be effective in all Municipal District of the Circuit Court of Cook County.
(A) Place and Method of Filing
(i)Mailing
The petition may be filed by mail with the Clerk of the Circuit Court addressed only to the office in the Municipal District of venue as provided in paragraph (D) below.
(ii) In Person
(a) Prior to the First Appearance Date
If the petition is filed prior to the first appearance date on the Uniform Traffic Citation issued pursuant to the accompanying violation of 625 ILCS 5/11-501 or a similar provision of a local ordinance ("the accompanying DUI charge") it may be filed in the office in any Municipal District designated by the Clerk of he Circuit Court to accept such filings.
(b) Subsequent to the First Appearance Date
If the petition is filed subsequent to the first appearance date as defined in paragraph (A)(ii)(a) above, it must be filed in the Office of the Clerk of the Circuit Court in the Municipal District of venue as provided in paragraph (E) below.
(B) Date of Filing
The date of actual receipt by the Clerk of the Circuit Court as documented by its filing stamp shall constitute the date of filing.
(C) Service of Petition to Rescind Statutory Summary Suspension
The petition shall be served upon the proper prosecuting authority in accordance with Supreme Court Rule 11 no later than close of the next business day after the date of filing.
(D) Documents Required to be Filed
(i)The petition shall be accompanied by a copy of the notice of statutory summary suspension served upon the defendant pursuant to 625 ILCS 5/11-501.1 (f), or,
(ii)In absence of a copy of the notice of statutory suspension, the petition shall contain the additional following information:
1. DUI citation number, date and time set for appearance;
2. Law Enforcement Office Sworn Report Number, if available;
3. Courtroom number;
4. Defendant's name, including middle initial;
5. Defendant's address;
6. Defendant's gender;
7. Defendant's date of birth;
8. Arrest date, officer's star number and department;
9. Defendant's driver's license number and state of issuance;
10. Municipal District violation.
(iii) The petition shall also be accompanied by either a pro se appearance or, if represented by counsel, an executed attorney's appearance.
(iv) The petition shall also be accompanied by a notice of filing and certificate of service by Supreme Court Rule 12.
(E) Venue
The hearing on the petition shall be conducted in the Municipal District in which the accompanying DUI charge arose.
(F) Hearings
(i) If the petition is filed on or prior to the first appearance date on the Uniform Traffic Citation issued pursuant to the accompanying DUI charge, the hearing shall be set by the Clerk for the first appearance date.
(ii) If the first appearance date is more than 46 days after service of the notice of summary suspension, the petitioner may request an earlier hearing date upon proper notice of motion to the prosecuting authority pursuant to Circuit Rule 2.1.
(iii) If the petition is filed after the first appearance date as defined in paragraph (i) above, the matter shall be set for hearing on the next court date, if any, for the accompanying DUI charge unless that date is more than 30 days after the date of filing of the Petition to Rescind.
If the next date is more than 30 days, or there is no pending court date on the accompanying DUI charge, the hearing shall be set by the clerk for the date between 15-25 days from the date of said filing. The petitioner may waive the right to a hearing within 30 days by executing a waiver in writing at the time of filing, in which case the hearing shall be held on the next court date for the accompanying DUI charge or, if not date is pending, then on a date to be set by the Clerk. Petitioner shall provide notice of such waiver to the prosecuting authority.
(iv) The Clerk shall provide written notice by mail to the petitioner, petitioner's counsel (if any) and the prosecuting authority of the date, time and courtroom where the hearing will be conducted. In the event the hearing is set for a date other than the first appearance date appearing on the Uniform Traffic Ticket on the accompanying DUI charge, this written notice shall be mailed not less than five business days prior to the hearing date.
[Amended, effective February 15, 1998.]
(a) An alcohol and drug evaluation and recidivist background check shall be made available to the court prior to disposition in the following:
(i) All driving under the influence of alcohol or drug cases.
(ii) Any charge of reckless driving that is a reduced charge of a DUI.
(b) All evaluations shall be filed with the Clerk of the Court. The Clerk shall keep and maintain evaluations separate from general access files and shall release the evaluation as prescribed by law or upon appropriate order of court. The Clerk shall return all evaluations to the evaluation program upon completion of sentence.
[Amended, effective March 26, 1992.]
(a) Supervision -- Prior to considering a disposition of supervision for a defendant who has been charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, 625 ILCS 5/11-501, or a similar provision of a local ordinance, the court shall first review and have made part of the record each of the following:
(i) The facts and circumstances of the violation with specific attention to the concentration of alcohol or presence of substances described in 625 ILCS 5/11-501(a) in the defendant's breath, blood, urine, or other bodily substance and to whether personal injury or property damage occurred in conjunction with the violation.
(ii) The written alcohol/drug evaluation of the defendant prepared by the court’s Adult Probation Department (A.P.D.), Social Service Department (S.S.D.), or a designee of the department (collectively “evaluation program”). The evaluation program shall be duly certified by the Division of Substance Use Prevention and Recovery (SUPR of the Illinois Department of Human Services (DHS). The evaluation shall include a determination of the risk to public safety that the defendant presents if he/she continues to drive a motor vehicle. Risk means the specific level (minimal, moderate, significant, or high) assigned to a D.U.I. defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. The assigned level shall be based upon the following factors: the nature and extent of the defendant's alcohol or drug use; the blood alcohol content (BAC) level at the time of arrest; prior dispositions for D.U.I.; and other factors which may include any physical, emotional and/or social dysfunction arising from the use of alcohol or other drugs.
(iii) Any alcohol or drug related driving offenses contained in the defendant's driving abstract, as recorded by the Secretary of State's Office preceding the date of the alleged offense(s).
(iv) A D.U.I. recidivist check (a record of any prior order(s) of supervision entered by the Circuit Court of Cook County, and a statement whether the defendant has participated in an alcohol or drug intervention program for a D.U.I. offense) shall be conducted by the evaluation program as part of the evaluation process.
(v) Whether, in connection with the circumstances of the violation, the driving privileges of the defendant have been suspended as a result of a refusal to submit to a chemical or other test described in 625 ILCS 5/11-501.2.
(vi) Evidence of all other elements required by law.
(vii) A defendant requesting the sentence of supervision shall establish that:
1. an order of supervision is in the best interests of the public.
2. an order of supervision is in the best interests of the defendant and his or her family; and,
3. other matters to be considered in mitigation.
(viii) Any other factors deemed relevant by the court, including, but not limited to, those brought to the court’s attention by either the defendant, the prosecutor, or the victim(s).
(b) Evaluation Program -- The evaluation program shall perform all alcohol and drug evaluations for the court pursuant to the statutory requirements of the Illinois Vehicle Code, 625 ILCS 5/6-206.1, 5/11-501, similar provisions of a local ordinance, or court order for other misdemeanors wherein the nature of the charge, the conduct of the defendant, or a factor to be considered in sentencing is alcohol or drug related.
(c) Evaluation Program Requirements-- The evaluation program shall comply with the following requisites:
(i) The evaluation program shall demonstrate competency in the substance abuse field.
(ii) A representative of the evaluation program shall be present and available to testify on all scheduled court dates.
(iii) All monitoring of misdemeanor cases pursuant to this rule, regardless of the defendant’s Risk Level, shall be supervised by the A.P.D., S.S.D., or its designee.
(iv) The evaluation program shall charge a fair and reasonable fee. The evaluation program shall have a written policy, approved by the chief judge, concerning the eligibility and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the SUPR, and fees shall be as specified in the standard probation fee guide approved by the chief judge for determining an offender’s ability to pay probation fees.
(v) The evaluation program shall establish a network of agencies funded by DHS or SUPR for the purpose of providing intervention services, including inpatient or outpatient treatment and aftercare services to indigent defendants.
(vi) The evaluation program shall provide reports, for both fee paying and indigent clients, within statutory guidelines and on scheduled court dates or as otherwise directed by the court.
(vii) Reports by the evaluation program shall contain a statement concerning the defendant's recidivism, including a record of any prior orders of supervision not contained in the Secretary of State's driving abstract, and a statement whether the defendant has participated in an alcohol or drug intervention program for a prior D.U.I. offense.
(viii) The evaluation program shall not refer or accept a D.U.I. defendant classified as Minimal, Moderate, Significant, or High Risk into a risk education program provided within the same program or service.
(ix) The evaluation program shall have referral agreements with service agencies that provide comprehensive treatment services and adhere to the Rules of the Circuit Court of Cook County DHS regulations, and shall have established procedures protecting the identity of program participants and the confidentiality of their records.
(d) Remedial Service Providers -- (x) The evaluation program shall refer defendants classified as Minimal Risk to a risk education program that maintains that population separate from defendants classified as –Moderate, Significant, or High Risk. Risk has the meaning set forth in subsection (a)(ii) of this rule. Any licensed program providing a risk education course of study for a defendant charged with D.U.I., in violation 625 ILCS 5/11-501, or a similar provision of a local ordinance, shall comply with the following:
(i) The risk education course shall be conducted as prescribed by DHS/SUPR regulations.
(ii) The risk education program shall charge a fair and reasonable fee.
(iii) The risk education program shall have a written policy, approved by the chief judge, concerning the eligibility and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by Ill. S. Ct. R. 298.
(iv) The risk education program shall maintain classes for defendants classified as Minimal Risk, separate from defendants classified as –Moderate, Significant, or High Risk.
(v) The risk education program shall encourage family members to attend classes with the defendants at no additional cost.
(vi) The risk education program shall report to the court or to the evaluation program as to the defendant’s progress. Written progress reports, as required by the court, shall be made in a timely manner for all defendants.
(vii) The risk education program shall notify the appropriate prosecuting authority and the designated evaluation program of a defendant’s failure to attend or complete court ordered risk education classes. The program shall communicate this information, in writing, to the court within thirty (30) days after said noncompliance.
(viii) Any evaluation program or risk education program providing services pursuant to this rule must comply with all requirements contained herein, maintain all necessary licenses required by state statute or regulations, and comply with any agreement it executes with or on behalf of the Circuit Court of Cook County.
[Amended, effective March 7, 2022.]
(a) All defendants sentenced to community service shall be processed as follows:
(i) The defendant shall be directed to contact the Social Service Department. The Social Service Department will direct the defendant to the appropriate community service program pursuant to the court order. All defendants who are subject by statute to mandatory community service sentences shall be directed to the Sheriff's Community Service Program.
(ii) If a defendant is evaluated as inappropriate for either community service program, the Social Service Department will immediately notify the prosecuting authority. The case will be recalled for reconsideration of the sentence.
(iii) A progress report shall be made to the court regarding the defendant's placement and progress in the community service program as required by the court.
(iv) On the termination date of sentence, the defendant shall appear in court with evidence of the successful completion of all aspects of the court's order.
(b) The defendant shall pay the reasonable costs associated with community service activities ordered by the court whether the agency providing the community service activity is the Sheriff of Cook County or the Social Service Department of the Circuit Court of Cook County. Each community service agency shall establish a schedule of fees and shall uniformly assess fees based upon the defendant's ability to pay.
(c) Defendants who have not satisfactorily completed community service may be resentenced to community service at the discretion of the court and with such modifications as the court deems appropriate.
[Amended, effective March 26, 1992.]
(a) Whenever a defendant is charged with a crime that has the potential of a jail sentence, he shall be required to return to court on the date set for the termination of supervision.
(b) The court, on the record, shall inquire of the prosecuting authority whether or not there is any objection to the termination.
[Amended, effective March 26, 1992.]
(a) In all cases where a defendant is placed on Supervision or Conditional Discharge for an alcohol/drug-related misdemeanor driving offense, the Sentencing Order shall indicate that the defendant is to be monitored on a reporting basis by the Social Service Department or their designee. The defendant placed on Supervision or Conditional Discharge shall pay all reasonable costs assessed by the monitoring agency for such monitoring, in addition to fines, costs, surcharges and/or restitution as ordered by the sentencing court.
(b) The monitoring agency shall provide written reports to the sentencing court pursuant to the sentencing order. A final report shall be filed with the court on the scheduled date for termination.
(c) The monitoring agency shall promptly report in writing to the prosecuting authority any violation of the sentencing order or the requirements of the monitoring agency. All violations shall be reported as soon as discovered or no later than thirty (30) days prior to the date of termination of sentence. Nothing herein shall prevent the filing of a violation at any time prior to the termination of the sentence. Upon filing of a Petition for Violation, said petition shall be set for hearing within the period prescribed by law.
[Amended, effective March 26, 1992.]