(725 ILCS 5/Tit. III heading)
(725 ILCS 5/Art. 109 heading)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances.
(a) A person arrested with or without a warrant for an offense for which pretrial release may be denied under paragraphs (1) through (6) of Section 110-6.1 shall be taken without
unnecessary delay before the nearest and most accessible judge
in that county, except when such county is a participant in a
regional jail authority, in which event such person may be taken to the
nearest and most accessible judge, irrespective of the county where such
judge presides,
within 48 hours, and a charge shall be filed.
Whenever a person arrested either with or without a warrant is required
to be taken
before a judge, a charge
may be filed against such person by way of a two-way audio-visual communication system, except that a hearing to deny pretrial release to the defendant may
not be conducted by two-way audio-visual communication system unless the accused waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
(a-1) Law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A misdemeanor unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Nothing in this Section requires arrest in the case of Class A misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.
(a-3) A person arrested with or without a warrant for an offense for which pretrial release may not be denied may, except as otherwise provided in this Code, be released by a law enforcement officer without appearing before a judge. A presumption in favor of pretrial release shall be applied by an arresting officer in the exercise of his or her discretion under this Section.
(a-5) A person charged with an offense shall be allowed counsel at the hearing at which pretrial release is determined under Article 110 of this Code. If the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her.
(b) Upon initial appearance of a person before the court, the judge shall:
(c) The court may issue an order of protection in accordance with
the provisions of Article 112A of this Code. Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (2) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under Article 112A of this Code.
(d) At the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. The court must make a written record of so advising the defendant.
(e) If consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsection (a), (b), or (e) of Section 103-5 of this Code and on the day of the expiration of delay the period shall continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release are determined, the person charged shall be present in person rather than by two-way audio-video communication system unless the accused waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
(g) Defense counsel shall be given adequate opportunity to confer with the defendant prior to any hearing in which conditions of release or the detention of the defendant is to be considered, with a physical accommodation made to facilitate attorney/client consultation. If defense counsel needs to confer or consult with the defendant during any hearing conducted via a two-way audio-visual communication system, such consultation shall not be recorded and shall be undertaken consistent with constitutional protections.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
Sec. 109-1.1.
Whenever a person arrested either with or without a
warrant is taken before a judge as provided for in Sections 107-9(d)(6)
and 109-1(a), the judge shall ask the arrestee whether he or she has any
children under 18 years old living with him or her
who may be neglected as a result of the arrest, incarceration or otherwise.
If the judge has reasonable cause to believe that a child may be a neglected
child as defined in the Abused and Neglected Child Reporting Act, he
shall instruct a probation officer to report it immediately to the Department
of Children and Family Services as provided in that Act.
(Source: P.A. 99-78, eff. 7-20-15.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in which a warrant
for his arrest was issued shall be taken without unnecessary delay before
the nearest and most accessible judge in the county where the arrest was
made or, if no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was issued. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any person
arrested in a county other than the one in which a warrant for his arrest
was issued, may waive the right to be taken before a judge in the county
where the arrest was made. If a person so arrested waives such right, the
arresting agency shall surrender such person to a law enforcement agency of
the county that issued the warrant without unnecessary delay. The
provisions of Section 109-1 shall then apply to the person so arrested.
(c) If a person is taken before a judge in any county and a warrant for arrest issued by another Illinois county exists for that person, the court in the arresting county shall hold for that person a detention hearing under Section 110-6.1, or other hearing under Section 110-5 or Section 110-6.
(d) After the court in the arresting county has determined whether the person shall be released or detained on the arresting offense, the court shall then order the sheriff to immediately contact the sheriff in any county where any warrant is outstanding and notify them of the arrest of the individual.
(e) If a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall do one of the following:
(f) If the issuing county fails to take any action under subsection (e) within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release under Section 110-5 and shall admit the defendant to pretrial release for his or her appearance before the court named in the warrant. Upon releasing the defendant, the circuit judge or associate circuit judge shall certify such a fact on the warrant and deliver the warrant and the acknowledgment by the defendant of his or her receiving the conditions of pretrial release to the officer having charge of the defendant from arrest and without delay deliver such warrant and such acknowledgment by the defendant of his or her receiving the conditions to the court before which the defendant is required to appear.
(g) If a person has a warrant in another county, in lieu of transporting the person to the issuing county as outlined in subsection (e), the issuing county may hold the hearing by way of a two-way audio-visual communication system if the accused waives the right to be physically present in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
(h) If more than 2 Illinois county warrants exist, the judge in the county of arrest shall order that the process described in subsections (d) through (f) occur in each county in whatever order the judge finds most appropriate. Each judge in each subsequent county shall then follow the rules in this Section.
(i) This Section applies only to warrants issued by Illinois state, county, or municipal courts.
(j) When an issuing agency is contacted by an out-of-state agency of a person arrested for any offense, or when an arresting agency is contacted by or contacts an out-of-state issuing agency, the Uniform Criminal Extradition Act shall govern.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
Sec. 109-3. Preliminary examination.
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms commits a Class C misdemeanor.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person released pretrial for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/Art. 110 heading)
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article:
(a)
(b) "Sureties" encompasses the nonmonetary requirements
set by the court as conditions for release either before or after
conviction.
(c) The phrase "for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a consequence
of conviction" means an offense for which a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional discharge, is
required by law upon conviction.
(d)(Blank).
(e) "Protective order" means any order of protection issued under Section 112A-14 of this Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order issued under Section 80 of the Stalking No Contact Order Act, or a civil no contact order issued under Section 213 of the Civil No Contact Order Act.
(f) "Willful flight" means intentional conduct with a purpose to thwart the judicial process to avoid prosecution. Isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. Reoccurrence and patterns of intentional conduct to evade prosecution, along with any affirmative steps to communicate or remedy any such missed court date, may be considered as factors in assessing future intent to evade prosecution.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-1.5)
Sec. 110-1.5. Abolition of monetary bail. On and after January 1, 2023, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act, the Driver License Compact, or the Nonresident Violator Compact which are compacts that have been entered into between this State and its sister states.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Pretrial release.
(a) All persons charged with an offense shall be eligible for pretrial release before conviction. It is presumed that a defendant is entitled to release on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense, and complies with all terms of pretrial release, including, but not limited to, orders of protection under both Section 112A-4 of this Code and Section 214 of the Illinois Domestic Violence Act of 1986, all civil no contact orders, and all stalking no contact orders. Pretrial release may be denied only if a person is charged with an offense listed in Section 110-6.1 and after the court has held a hearing under Section 110-6.1, and in a manner consistent with subsections (b), (c), and (d) of this Section.
(b) At all pretrial hearings, the prosecution shall have the burden to prove by clear and convincing evidence that any condition of release is necessary.
(c) When it is alleged that pretrial release should be denied to a person upon the grounds that the person presents a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, the burden of proof of such allegations shall be upon the State.
(d) When it is alleged that pretrial release should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110-6.3, the burden of proof of those allegations shall be upon the State.
(e) This Section shall be liberally construed to effectuate the purpose of
relying on pretrial release by nonmonetary means to reasonably ensure an eligible person's appearance in court, the protection of the safety of any other person or the community, that the person will not attempt or obstruct the criminal justice process, and the person's compliance with all conditions of release, while authorizing the court, upon motion of a prosecutor, to order pretrial detention of the person under Section 110-6.1 when it finds clear and convincing evidence that no condition or combination of conditions can reasonably ensure the effectuation of these goals.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Options for warrant alternatives.
(a) Upon failure to comply with any condition of pretrial release,
the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a summons or a warrant for the arrest of the person at liberty on pretrial release. This Section shall be construed to effectuate the goal of relying upon summonses rather than warrants to ensure the appearance of the defendant in court whenever possible. The contents of such a summons or warrant shall be the same as required for those issued upon complaint under Section 107-9.
(b) A defendant who appears in court on the date assigned or within 48 hours of service, whichever is later, in response to a summons issued for failure to appear in court, shall not be recorded in the official docket as having failed to appear on the initial missed court date. If a person fails to appear in court on the date listed on the summons, the court may issue a warrant for the person's arrest.
(c) For the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-4)
Sec. 110-4. (Repealed).
(Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining which conditions of pretrial release, if
any,
will reasonably ensure the appearance of a defendant as required or
the safety of any other person or the community and the likelihood of
compliance by the
defendant with all the conditions of pretrial release, the court shall, on the
basis of available information, take into account such matters as:
(b) The court may use a regularly validated risk assessment tool to aid its determination of appropriate conditions of release as provided under Section 110-6.4. If a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. The defendant retains the right to challenge the validity of a risk assessment tool used by the court and to present evidence relevant to the defendant's challenge.
(c) The court shall impose any conditions that are mandatory under subsection (a) of Section 110-10. The court may impose any conditions that are permissible under subsection (b) of Section 110-10. The conditions of release imposed shall be the least restrictive conditions or combination of conditions necessary to reasonably ensure the appearance of the defendant as required or the safety of any other person or persons or the community.
(d) When a person is charged with a violation of a protective order, the court may order the defendant placed under electronic surveillance as a condition of pretrial release, as provided in Section 5-8A-7 of the Unified Code of Corrections, based on the information collected under paragraph (6) of subsection (a) of this Section, the results of any assessment conducted, or other circumstances of the violation.
(e) If a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention. If the reason for continued detention is due to the unavailability or the defendant's ineligibility for one or more pretrial conditions previously ordered by the court or directed by a pretrial services agency, the court shall reopen the conditions of release hearing to determine what available pretrial conditions exist that will reasonably ensure the appearance of a defendant as required, the safety of any other person, and the likelihood of compliance by the defendant with all the conditions of pretrial release. The inability of the defendant to pay for a condition of release or any other ineligibility for a condition of pretrial release shall not be used as a justification for the pretrial detention of that defendant.
(f) Prior to the defendant's first appearance, and with sufficient time for meaningful attorney-client contact to gather information in order to advocate effectively for the defendant's pretrial release, the court shall appoint the public defender or a licensed attorney at law of this State to represent the defendant for purposes of that hearing, unless the defendant has obtained licensed counsel. Defense counsel shall have access to the same documentary information relied upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant before the court, the judge must find that the current conditions imposed are necessary to reasonably ensure the appearance of the defendant as required, the safety of any other person, and the compliance of the defendant with all the conditions of pretrial release. The court is not required to be presented with new information or a change in circumstance to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home confinement can only be imposed as a condition of pretrial release if a no less restrictive condition of release or combination of less restrictive condition of release would reasonably ensure the appearance of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS monitoring, or home confinement, the court shall set forth in the record the basis for its finding. A defendant shall be given custodial credit for each day he or she was subjected to home confinement, at the same rate described in subsection (b) of Section 5-4.5-100 of the Unified Code of Corrections. The court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.
(i) If electronic monitoring, GPS monitoring, or home confinement is imposed, the court shall determine every 60 days if no less restrictive condition of release or combination of less restrictive conditions of release would reasonably ensure the appearance, or continued appearance, of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. If the court finds that there are less restrictive conditions of release, the court shall order that the condition be removed. This subsection takes effect January 1, 2022.
(j) Crime Victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order.
(k) The State and defendants may appeal court orders imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-5.1)
Sec. 110-5.1. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-5.2)
Sec. 110-5.2. Pretrial release; pregnant pre-trial detainee.
(a) It is the policy of this State that a pre-trial detainee shall not be required to deliver a child while in custody absent a finding by the court that continued pre-trial custody is necessary to alleviate a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or prevent the defendant's willful flight.
(b) If the court reasonably believes that a pre-trial detainee will give birth while in custody, the court shall order an alternative to custody unless, after a hearing, the court determines:
(c) Electronic Monitoring may be ordered by the court only if no less restrictive condition of release or combination of less restrictive conditions of release would reasonably ensure the appearance, or continued appearance, of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. All pregnant people or those who have given birth within 6 weeks shall be granted ample movement to attend doctor's appointments and for emergencies related to the health of the pregnancy, infant, or postpartum person.
(d) This Section shall be applicable to a pregnant pre-trial detainee in custody on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Revocation of pretrial release, modification of conditions of pretrial release, and sanctions for violations of conditions of pretrial release.
(a) When a defendant has previously been granted pretrial release under this Section for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State.
When a defendant released pretrial is charged with a violation of a protective order or was previously convicted of a violation of a protective order and the subject of the protective order is the same person as the victim in the current underlying matter, the State shall file a verified petition seeking revocation of pretrial release.
Upon the filing of a petition or upon motion of the court seeking revocation, the court shall order the transfer of the defendant and the petition or motion to the court before which the previous felony or Class A misdemeanor is pending. The defendant may be held in custody pending transfer to and a hearing before such court. The defendant shall be transferred to the court before which the previous matter is pending without unnecessary delay, and the revocation hearing shall occur within 72 hours of the filing of the State's petition or the court's motion for revocation.
A hearing at which pretrial release may be revoked must be conducted in person (and not by way of two-way audio-visual communication) unless the accused waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
The court before which the previous felony matter or Class A misdemeanor is pending may revoke the defendant's pretrial release after a hearing. During the hearing for revocation, the defendant shall be represented by counsel and have an opportunity to be heard regarding the violation and evidence in mitigation. The court shall consider all relevant circumstances, including, but not limited to, the nature and seriousness of the violation or criminal act alleged. The State shall bear the burden of proving, by clear and convincing evidence, that no condition or combination of conditions of release would reasonably ensure the appearance of the defendant for later hearings or prevent the defendant from being charged with a subsequent felony or Class A misdemeanor.
In lieu of revocation, the court may release the defendant pre-trial, with or without modification of conditions of pretrial release.
If the case that caused the revocation is dismissed, the defendant is found not guilty in the case causing the revocation, or the defendant completes a lawfully imposed sentence on the case causing the revocation, the court shall, without unnecessary delay, hold a hearing on conditions of pretrial release pursuant to Section 110-5 and release the defendant with or without modification of conditions of pretrial release.
Both the State and the defendant may appeal an order revoking pretrial release or denying a petition for revocation of release.
(b) If a defendant previously has been granted pretrial release under this Section for a Class B or Class C misdemeanor offense, a petty or business offense, or an ordinance violation and if the defendant is subsequently charged with a felony that is alleged to have occurred during the defendant's pretrial release or a Class A misdemeanor offense that is alleged to have occurred during the defendant's pretrial release, such pretrial release may not be revoked, but the court may impose sanctions under subsection (c).
(c) The court shall follow the procedures set forth in Section 110-3 to ensure the defendant's appearance in court if the defendant:
In response to a violation described in this subsection, the court may issue a warrant specifying that the defendant must appear before the court for a hearing for sanctions and may not be released by law enforcement before that appearance.
(d) When a defendant appears in court pursuant to a summons or warrant issued in accordance with Section 110-3 or after being arrested for an offense that is alleged to have occurred during the defendant's pretrial release, the State may file a verified petition requesting a hearing for sanctions.
(e) During the hearing for sanctions, the defendant shall be represented by counsel and have an opportunity to be heard regarding the violation and evidence in mitigation. The State shall bear the burden of proving by clear and convincing evidence that:
(f) Sanctions for violations of pretrial release may include:
(g) The court may, at any time, after motion by either party or on its own motion, remove previously set conditions of pretrial release, subject to the provisions in this subsection. The court may only add or increase conditions of pretrial release at a hearing under this Section.
The court shall not remove a previously set condition of pretrial release regulating contact with a victim or witness in the case, unless the subject of the condition has been given notice of the hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act. If the subject of the condition of release is not present, the court shall follow the procedures of paragraph (10) of subsection (c-1) of the Rights of Crime Victims and Witnesses Act.
(h) Crime victims shall be given notice by the State's Attorney's office of all hearings under this Section as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at these hearings to obtain a protective order.
(i) Nothing in this Section shall be construed to limit the State's ability to file a verified petition seeking denial of pretrial release under subsection (a) of Section 110-6.1 or subdivision (d)(2) of Section 110-6.1.
(j) At each subsequent appearance of the defendant before the court, the judge must find that continued detention under this Section is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if:
(b) If the charged offense is a felony, as part of the detention hearing, the court shall determine whether there is probable cause the defendant has committed an offense, unless a hearing pursuant to Section 109-3 of this Code has already been held or a grand jury has returned a true bill of indictment against the defendant. If there is a finding of no probable cause, the defendant shall be released. No such finding is necessary if the defendant is charged with a misdemeanor.
(c) Timing of petition.
(d) Contents of petition.
(e) Eligibility: All defendants shall be presumed eligible for pretrial release, and the State shall bear the burden of proving by clear and convincing evidence that:
(f) Conduct of the hearings.
(g) Factors to be considered in making a determination of dangerousness.
The court may, in determining whether the defendant poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, consider, but
shall not be limited to, evidence or testimony concerning:
(h) Detention order. The court shall, in any order for detention:
(i) Detention. If the court enters an order for the detention of the defendant
pursuant to subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for detention was
entered. If the defendant is not brought to trial within the 90-day period
required by the preceding sentence, he shall not be denied pretrial release. In computing the 90-day period, the court shall omit any period of
delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or to prevent the defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be entitled to appeal any
order entered under this Section denying his or her pretrial release.
(k) Appeal. The State may appeal any order entered under this Section denying any
motion for denial of pretrial release.
(l) Presumption of innocence. Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings.
(m) Interest of victims.
(1) Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order.
(2) If the defendant is denied pretrial release, the court may impose a no contact provision with the victim or other interested party that shall be enforced while the defendant remains in custody.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction detention.
(a) The court may order
that a person who has been found guilty of an offense and who is waiting
imposition or execution of sentence be held without release unless the court finds by
clear and convincing evidence that the person is not likely to flee or pose
a danger to any other person or the community if released under Sections
110-5 and 110-10 of this Act.
(b) The court may order that person who has been found guilty of an
offense and sentenced to a term of imprisonment be held without release
unless the court finds by clear and convincing evidence that:
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme Court may establish a statewide risk-assessment tool to be used in proceedings to assist the court in establishing conditions of pretrial release for a defendant by assessing the defendant's likelihood of appearing at future court proceedings or determining if the defendant poses a real and present threat to the physical safety of any person or persons. The Supreme Court shall consider establishing a risk-assessment tool that does not discriminate on the basis of race, gender, educational level, socio-economic status, or neighborhood. If a risk-assessment tool is utilized within a circuit that does not require a personal interview to be completed, the Chief Judge of the circuit or the director of the pretrial services agency may exempt the requirement under Section 9 and subsection (a) of Section 7 of the Pretrial Services Act.
For the purpose of this Section, "risk-assessment tool" means an empirically validated, evidence-based screening instrument that demonstrates reduced instances of a defendant's failure to appear for further court proceedings or prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; 101-652, eff. 1-1-23.)
(725 ILCS 5/110-6.5)
Sec. 110-6.5. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-6.6)
Sec. 110-6.6. Appeals.
(a) Appeals under this Article shall be governed by Supreme Court Rules.
(b) If a hearing under this Article is conducted by means of two-way audio-visual communication or other electronic recording system, the audio-visual recording shall be entered into the record as the transcript for purposes of the appeals described in subsection (a). Nothing in this Section prohibits a transcription by a court reporter from also being entered into the record.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-7.5)
Sec. 110-7.5. Previously deposited bail security.
(a) On or after January 1, 2023, any person having been previously released pretrial on the condition of the deposit of security shall be allowed to remain on pretrial release under the terms of their original bail bond. This Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6.
(b) On or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5.
On or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule:
(c) Processing of previously deposited bail security. The provisions of this Section shall apply to all monetary bonds, regardless of whether they were previously posted in cash or in the form of stocks, bonds, or real estate.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
Sec. 110-8. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
Sec. 110-9. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release.
(a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will:
Psychological evaluations ordered pursuant to this Section shall be completed
promptly
and made available to the State, the defendant, and the court. As a further
condition of pretrial release under
these circumstances, the court shall order the defendant to refrain from
entering upon the
property of the school, including any conveyance owned, leased, or contracted
by a school to
transport students to or from school or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation,
either the State or the defendant may request a change in the conditions of pretrial release, pursuant to
Section 110-6 of this Code. The court may change the conditions of pretrial release to include a
requirement that the defendant follow the recommendations of the psychological evaluation,
including undergoing psychiatric treatment. The conclusions of the
psychological evaluation and
any statements elicited from the defendant during its administration are not
admissible as evidence
of guilt during the course of any trial on the charged offense, unless the
defendant places his or her
mental competency in issue.
(b) Additional conditions of release shall be set only when it is determined that they are necessary to ensure the defendant's appearance in court, ensure the defendant does not commit any criminal offense, ensure the defendant complies with all conditions of pretrial release,
prevent the defendant's unlawful interference with the orderly administration
of justice, or ensure compliance with the rules and procedures of problem solving courts. However, conditions shall include the least restrictive means and be individualized. Conditions shall not mandate rehabilitative services unless directly tied to the risk of pretrial misconduct. Conditions of supervision shall not include punitive measures such as community service work or restitution. Conditions may include the following:
The defendant shall receive verbal and written notification of conditions of pretrial release and future court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a
minor under 18 years of age living in the same household with the defendant
at the time of the offense, in releasing the defendant, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not limited to
conditions that he will:
(d) When a person is charged with a criminal offense and the victim is
a family or household member as defined in Article 112A, conditions shall
be imposed at the time of the defendant's release that restrict the
defendant's access to the victim.
Unless provided otherwise by the court, the
restrictions shall include
requirements that the defendant do the following:
(e) Local law enforcement agencies shall develop standardized pretrial release forms
for use in cases involving family or household members as defined in
Article 112A, including specific conditions of pretrial release as provided in
subsection (d). Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and enforcement of
subsections (d) and (f).
(f) If the defendant is released after conviction following appeal or other post-conviction proceeding, the
conditions of the pretrial release shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(g) Upon a finding of guilty for any felony offense, the defendant shall
physically surrender, at a time and place designated by the court,
any and all firearms in his or her possession and his or her Firearm Owner's
Identification Card as a condition of being released pending sentencing.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Pretrial release on a new trial. If the judgment of conviction is reversed and the cause remanded for a
new trial the trial court may order that the conditions of pretrial release stand pending such trial,
or modify the conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address. A defendant who has been admitted to pretrial release shall file a written notice with the
clerk of the court before which the proceeding is pending of any change in
his or her address within 24 hours after such change, except that a
defendant who
has been admitted to pretrial release for a forcible felony as defined in Section 2-8 of
the Criminal Code of 2012 shall
file a written notice with the clerk of the court before which the proceeding
is pending and the clerk shall immediately deliver a time stamped copy of the
written notice to the prosecutor charged with the prosecution within 24
hours prior to such change. The address of a defendant who has been admitted
to pretrial release shall at all times remain a matter of record with the clerk of
the court.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
Sec. 110-13. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23)
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
Sec. 110-14. Credit toward fines for pretrial incarceration.
(a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense
shall be automatically credited $30 for each day so incarcerated upon application
of the defendant. However,
in no case shall the amount so
credited exceed the amount of the fine.
(b) Subsection (a) does not apply to a person incarcerated for sexual assault as defined in paragraph (1) of subsection (a) of Section 5-9-1.7 of the Unified Code of Corrections.
(c) A person subject to bail on a Category B offense, before January 1, 2023, shall have $30 deducted from his or her 10% cash bond amount every day the person is incarcerated. The sheriff shall calculate and apply this $30 per day reduction and send notice to the circuit clerk if a defendant's 10% cash bond amount is reduced to $0, at which point the defendant shall be released upon his or her own recognizance.
(d) The court may deny the incarceration credit in subsection (c) of this Section if the person has failed to appear as required before the court and is incarcerated based on a warrant for failure to appear on the same original criminal offense.
(e) (Blank).
(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21. P.A. 102-1104, eff. 12-6-22.)
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
Sec. 110-16. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
Sec. 110-17. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
Sec. 110-18. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
(725 ILCS 5/Art. 110A heading)
Structure Illinois Compiled Statutes