People v. Clarke

I respectfully dissent. I believe, as does the majority, that a person held to answer for a crime punishable by imprisonment in the penitentiary is entitled to a prompt preliminary hearing.

Under section 109 — 3.1(b) of the Code, effective January 1, 1984, “[e]very person in custody in this State for the alleged commission of a felony shall receive either a preliminary examination *** or an indictment by Grand Jury *** within 30 days from the date he or she was taken into custody.” (Ill. Rev. Stat. 1989, ch. 38, par. 109 — 3.1(b).) A “prompt” preliminary hearing is thus one which is held…