GENERAL ORDER NO. 18.8 - Suggested Procedures for the Setting of Bail First Appearance Hearings

In multiple arrest cases, the following procedures should be used whenever practicable:

A. The prosecuting attorney shall file a separate complaint, together with one copy, for each offense with which the defendant is being charged;

B. The Court shall inform the defendant of the charge or charges placed against him or her and shall furnish the defendant a copy of the complaint;

C. When the hearing is resumed, the court shall determine probable cause for further detention pursuant to Gerstein v. Pugh, 420 U.S. 103 (1974);

D. The Court shall advise the defendant of his or her right to counsel;

E. If the defendant is without counsel, the Court shall appoint the Public Defender of Cook County to defend the defendant;

F. If the defendant requests counsel other than the Public Defender of Cook County, the Court shall appoint a member of the Chicago Bar Association Volunteer Lawyers Committee to represent the defendant;

G. All attorneys appearing on behalf of a defendant shall file their written appearances with the Court. Appointed counsel other than the Public Defender of Cook County may file a special appearance for the sole purpose of representing the defendant in the setting of bail;

H. The defendant shall have a reasonable opportunity to confer with an attorney before the bail hearing shall commence;

I. For the purpose of setting bail, the court shall consider the facts surrounding the defendant's arrest and the defendant's past criminal acts and conduct, if known;

J. The defendant or the defendant's attorney shall have ample opportunity to advise the Court of all mitigating circumstances and other facts tending to show that the defendant will comply with the conditions of the bail bond;

K. After a full hearing, the Court shall set bail in pursuant to 725 ILCS 5/110-5;

L. When the defendant is charged with an offense punishable by fine only, the amount of bail set by the Court shall not exceed double the amount of maximum penalty;

M. The use of recognizance bonds is encouraged in appropriate cases. The Court may impose reasonable conditions and restrictions to assure the defendant's appearance in Court;

N. After setting bail, the Court shall continue the cause to a date certain returnable to the branch of the Court to which the case would normally be returnable pursuant to the key date of the arresting officer.

[Amended, effective August 1, 1996.]

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