|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB3906 Introduced 2/6/2026, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED: | | 725 ILCS 5/110-6 | from Ch. 38, par. 110-6 | 725 ILCS 5/110-6.1 | from Ch. 38, par. 110-6.1 |
| Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Sections 110-6 and 110-6.1 as follows: |
| 6 | | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6) |
| 7 | | Sec. 110-6. Revocation of pretrial release, modification |
| 8 | | of conditions of pretrial release, and sanctions for |
| 9 | | violations of conditions of pretrial release. |
| 10 | | (a) When a defendant previously granted pretrial release |
| 11 | | under this Section is charged with violation of a felony or |
| 12 | | Class A misdemeanor committed while on pretrial release, upon |
| 13 | | the filing of a petition or a motion by the State or the court, |
| 14 | | the court shall order the revocation of the defendant's |
| 15 | | pretrial release. When a defendant has previously been granted |
| 16 | | pretrial release under this Section for a felony or Class A |
| 17 | | misdemeanor, that pretrial release may be revoked only if the |
| 18 | | defendant is charged with a felony or Class A misdemeanor that |
| 19 | | is alleged to have occurred during the defendant's pretrial |
| 20 | | release after a hearing on the court's own motion or upon the |
| 21 | | filing of a verified petition by the State. |
| 22 | | (a-5) When a defendant previously granted pretrial release |
| 23 | | under this Section is charged with violation of a Class B or C |
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| 1 | | misdemeanor committed while on pretrial release, the State may |
| 2 | | seek revocation of the defendant's pretrial release under the |
| 3 | | provisions of this Section. |
| 4 | | When a defendant released pretrial is charged with a |
| 5 | | violation of a protective order or was previously convicted of |
| 6 | | a violation of a protective order and the subject of the |
| 7 | | protective order is the same person as the victim in the |
| 8 | | current underlying matter, the State shall file a verified |
| 9 | | petition seeking revocation of pretrial release. |
| 10 | | When a defendant released pretrial is charged with a |
| 11 | | violation of any criminal offense committed while on pretrial |
| 12 | | release, the State may seek revocation of the defendant's |
| 13 | | pretrial release under the provisions of this Section. |
| 14 | | Upon the filing of a petition or upon motion of the court |
| 15 | | seeking revocation, the court shall order the transfer of the |
| 16 | | defendant and the petition or motion to the court before which |
| 17 | | the previous matter felony or Class A misdemeanor is pending. |
| 18 | | The defendant may be held in custody pending transfer to and a |
| 19 | | hearing before such court. The defendant shall be transferred |
| 20 | | to the court before which the previous matter is pending |
| 21 | | without unnecessary delay, and the revocation hearing shall |
| 22 | | occur within 72 hours of the filing of the State's petition or |
| 23 | | the court's motion for revocation. |
| 24 | | A hearing at which pretrial release may be revoked must be |
| 25 | | conducted in person (and not by way of two-way audio-visual |
| 26 | | communication) unless the accused waives the right to be |
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| 1 | | present physically in court, the court determines that the |
| 2 | | physical health and safety of any person necessary to the |
| 3 | | proceedings would be endangered by appearing in court, or the |
| 4 | | chief judge of the circuit orders use of that system due to |
| 5 | | operational challenges in conducting the hearing in person. |
| 6 | | Such operational challenges must be documented and approved by |
| 7 | | the chief judge of the circuit, and a plan to address the |
| 8 | | challenges through reasonable efforts must be presented and |
| 9 | | approved by the Administrative Office of the Illinois Courts |
| 10 | | every 6 months. |
| 11 | | When a defendant previously granted pretrial release under |
| 12 | | this Section is charged with violation of a Class B or C |
| 13 | | misdemeanor committed while on pretrial release, the The court |
| 14 | | before which the previous felony matter or Class A misdemeanor |
| 15 | | is pending may revoke the defendant's pretrial release after a |
| 16 | | hearing. During the hearing for revocation, the defendant |
| 17 | | shall be represented by counsel and have an opportunity to be |
| 18 | | heard regarding the violation and evidence in mitigation. The |
| 19 | | court shall consider all relevant circumstances, including, |
| 20 | | but not limited to, the nature and seriousness of the |
| 21 | | violation or criminal act alleged and the defendant's criminal |
| 22 | | history. The State shall bear the burden of proving, by clear |
| 23 | | and convincing evidence, that no condition or combination of |
| 24 | | conditions of release would reasonably ensure the appearance |
| 25 | | of the defendant for later hearings or prevent the defendant |
| 26 | | from being charged with a subsequent criminal offense felony |
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| 1 | | or Class A misdemeanor. |
| 2 | | In lieu of revocation, the court may release the defendant |
| 3 | | pre-trial, with or without modification of conditions of |
| 4 | | pretrial release. |
| 5 | | If the case that caused the revocation is dismissed, the |
| 6 | | defendant is found not guilty in the case causing the |
| 7 | | revocation, or the defendant completes a lawfully imposed |
| 8 | | sentence on the case causing the revocation, the court shall, |
| 9 | | without unnecessary delay, hold a hearing on conditions of |
| 10 | | pretrial release pursuant to Section 110-5 and release the |
| 11 | | defendant with or without modification of conditions of |
| 12 | | pretrial release only if the defendant was previously granted |
| 13 | | pretrial release under this Section and was charged with |
| 14 | | violation of a Class B or C misdemeanor committed while on |
| 15 | | pretrial release. |
| 16 | | Both the State and the defendant may appeal an order |
| 17 | | revoking pretrial release or denying a petition for revocation |
| 18 | | of release. |
| 19 | | (b) (Blank). If a defendant previously has been granted |
| 20 | | pretrial release under this Section for a Class B or Class C |
| 21 | | misdemeanor offense, a petty or business offense, or an |
| 22 | | ordinance violation and if the defendant is subsequently |
| 23 | | charged with a felony that is alleged to have occurred during |
| 24 | | the defendant's pretrial release or a Class A misdemeanor |
| 25 | | offense that is alleged to have occurred during the |
| 26 | | defendant's pretrial release, such pretrial release may not be |
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| 1 | | revoked, but the court may impose sanctions under subsection |
| 2 | | (c). |
| 3 | | (c) When a defendant previously granted pretrial release |
| 4 | | under this Section is charged with violation of a Class B or C |
| 5 | | misdemeanor committed while on pretrial release, the The court |
| 6 | | shall follow the procedures set forth in Section 110-3 to |
| 7 | | ensure the defendant's appearance in court if the defendant: |
| 8 | | (1) fails to appear in court as required by the |
| 9 | | defendant's conditions of release; |
| 10 | | (2) is charged with a criminal felony or Class A |
| 11 | | misdemeanor offense that is alleged to have occurred |
| 12 | | during the defendant's pretrial release after having been |
| 13 | | previously granted pretrial release for a Class B or Class |
| 14 | | C misdemeanor, a petty or business offense, or an |
| 15 | | ordinance violation that is alleged to have occurred |
| 16 | | during the defendant's pretrial release; |
| 17 | | (3) (blank); or is charged with a Class B or C |
| 18 | | misdemeanor offense, petty or business offense, or |
| 19 | | ordinance violation that is alleged to have occurred |
| 20 | | during the defendant's pretrial release; or |
| 21 | | (4) violates any other condition of pretrial release |
| 22 | | set by the court. |
| 23 | | In response to a violation described in this subsection, |
| 24 | | the court may issue a warrant specifying that the defendant |
| 25 | | must appear before the court for a hearing for sanctions and |
| 26 | | may not be released by law enforcement before that appearance. |
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| 1 | | (d) When a defendant appears in court pursuant to a |
| 2 | | summons or warrant issued in accordance with Section 110-3 or |
| 3 | | after being arrested for an offense that is alleged to have |
| 4 | | occurred during the defendant's pretrial release, the State |
| 5 | | may file a verified petition requesting a hearing for |
| 6 | | sanctions. |
| 7 | | (e) During the hearing for sanctions, the defendant shall |
| 8 | | be represented by counsel and have an opportunity to be heard |
| 9 | | regarding the violation and evidence in mitigation. The State |
| 10 | | shall bear the burden of proving by clear and convincing |
| 11 | | evidence that: |
| 12 | | (1) the defendant committed an act that violated a |
| 13 | | term of the defendant's pretrial release; |
| 14 | | (2) the defendant had actual knowledge that the |
| 15 | | defendant's action would violate a court order; |
| 16 | | (3) the violation of the court order was willful; and |
| 17 | | (4) the violation was not caused by a lack of access to |
| 18 | | financial monetary resources. |
| 19 | | (f) Sanctions for violations of pretrial release may |
| 20 | | include: |
| 21 | | (1) a verbal or written admonishment from the court; |
| 22 | | (2) imprisonment in the county jail for a period not |
| 23 | | exceeding 30 days; |
| 24 | | (3) (Blank); or |
| 25 | | (4) a modification of the defendant's pretrial |
| 26 | | conditions. |
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| 1 | | (g) The court may, at any time, after motion by either |
| 2 | | party or on its own motion, remove previously set conditions |
| 3 | | of pretrial release, subject to the provisions in this |
| 4 | | subsection. The court may only add or increase conditions of |
| 5 | | pretrial release at a hearing under this Section. |
| 6 | | The court shall not remove a previously set condition of |
| 7 | | pretrial release regulating contact with a victim or witness |
| 8 | | in the case, unless the subject of the condition has been given |
| 9 | | notice of the hearing as required in paragraph (1) of |
| 10 | | subsection (b) of Section 4.5 of the Rights of Crime Victims |
| 11 | | and Witnesses Act. If the subject of the condition of release |
| 12 | | is not present, the court shall follow the procedures of |
| 13 | | paragraph (10) of subsection (c-1) of the Rights of Crime |
| 14 | | Victims and Witnesses Act. |
| 15 | | (h) Crime victims shall be given notice by the State's |
| 16 | | Attorney's office of all hearings under this Section as |
| 17 | | required in paragraph (1) of subsection (b) of Section 4.5 of |
| 18 | | the Rights of Crime Victims and Witnesses Act and shall be |
| 19 | | informed of their opportunity at these hearings to obtain a |
| 20 | | protective order. |
| 21 | | (i) Nothing in this Section shall be construed to limit |
| 22 | | the State's ability to file a verified petition seeking denial |
| 23 | | of pretrial release under subsection (a) of Section 110-6.1 or |
| 24 | | subdivision (d)(2) of Section 110-6.1. |
| 25 | | (j) At each subsequent appearance of the defendant before |
| 26 | | the court, the judge must find that continued detention under |
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| 1 | | this Section is necessary to reasonably ensure the appearance |
| 2 | | of the defendant for later hearings or to prevent the |
| 3 | | defendant from being charged with a subsequent criminal |
| 4 | | offense felony or Class A misdemeanor. |
| 5 | | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) |
| 6 | | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) |
| 7 | | Sec. 110-6.1. Denial of pretrial release. |
| 8 | | (a) Upon verified petition by the State, the court shall |
| 9 | | hold a hearing and may deny a defendant pretrial release only |
| 10 | | if: |
| 11 | | (1) the defendant is charged with a felony offense |
| 12 | | other than a forcible felony for which, based on the |
| 13 | | charge or the defendant's criminal history, a sentence of |
| 14 | | imprisonment, without probation, periodic imprisonment, or |
| 15 | | conditional discharge, is required by law upon conviction, |
| 16 | | and it is alleged that the defendant's pretrial release |
| 17 | | poses a real and present threat to the safety of any person |
| 18 | | or persons or the community, based on the specific |
| 19 | | articulable facts of the case; |
| 20 | | (1.5) the defendant's pretrial release poses a real |
| 21 | | and present threat to the safety of any person or persons |
| 22 | | or the community, based on the specific articulable facts |
| 23 | | of the case, and the defendant is charged with a forcible |
| 24 | | felony, which as used in this Section, means treason, |
| 25 | | first degree murder, second degree murder, predatory |
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| 1 | | criminal sexual assault of a child, aggravated criminal |
| 2 | | sexual assault, criminal sexual assault, armed robbery, |
| 3 | | aggravated robbery, robbery, burglary where there is use |
| 4 | | of force against another person, residential burglary, |
| 5 | | home invasion, vehicular invasion, aggravated arson, |
| 6 | | arson, kidnapping aggravated kidnaping, kidnaping, |
| 7 | | aggravated battery resulting in great bodily harm or |
| 8 | | permanent disability or disfigurement, or any other felony |
| 9 | | which involves the threat of or infliction of great bodily |
| 10 | | harm or permanent disability or disfigurement; |
| 11 | | (2) the defendant is charged with stalking or |
| 12 | | aggravated stalking, and it is alleged that the |
| 13 | | defendant's pre-trial release poses a real and present |
| 14 | | threat to the safety of a victim of the alleged offense, |
| 15 | | and denial of release is necessary to prevent fulfillment |
| 16 | | of the threat upon which the charge is based; |
| 17 | | (3) the defendant is charged with a violation of an |
| 18 | | order of protection issued under Section 112A-14 of this |
| 19 | | Code or Section 214 of the Illinois Domestic Violence Act |
| 20 | | of 1986, a stalking no contact order under Section 80 of |
| 21 | | the Stalking No Contact Order Act, or a civil no contact |
| 22 | | order under Section 213 of the Civil No Contact Order Act, |
| 23 | | and it is alleged that the defendant's pretrial release |
| 24 | | poses a real and present threat to the safety of any person |
| 25 | | or persons or the community, based on the specific |
| 26 | | articulable facts of the case; |
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| 1 | | (4) the defendant is charged with domestic battery or |
| 2 | | aggravated domestic battery under Section 12-3.2 or 12-3.3 |
| 3 | | of the Criminal Code of 2012 and it is alleged that the |
| 4 | | defendant's pretrial release poses a real and present |
| 5 | | threat to the safety of any person or persons or the |
| 6 | | community, based on the specific articulable facts of the |
| 7 | | case; |
| 8 | | (5) the defendant is charged with any offense under |
| 9 | | Article 11 of the Criminal Code of 2012, except for |
| 10 | | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, |
| 11 | | 11-40, and 11-45 of the Criminal Code of 2012, or similar |
| 12 | | provisions of the Criminal Code of 1961 and it is alleged |
| 13 | | that the defendant's pretrial release poses a real and |
| 14 | | present threat to the safety of any person or persons or |
| 15 | | the community, based on the specific articulable facts of |
| 16 | | the case; |
| 17 | | (6) the defendant is charged with any of the following |
| 18 | | offenses under the Criminal Code of 2012, and it is |
| 19 | | alleged that the defendant's pretrial release poses a real |
| 20 | | and present threat to the safety of any person or persons |
| 21 | | or the community, based on the specific articulable facts |
| 22 | | of the case: |
| 23 | | (A) Section 24-1.2 (aggravated discharge of a |
| 24 | | firearm); |
| 25 | | (B) Section 24-1.2-5 (aggravated discharge of a |
| 26 | | machine gun or a firearm equipped with a device |
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| 1 | | designed or used for silencing the report of a |
| 2 | | firearm); |
| 3 | | (C) Section 24-1.5 (reckless discharge of a |
| 4 | | firearm); |
| 5 | | (D) Section 24-1.7 (unlawful possession of a |
| 6 | | firearm by a repeat felony offender); |
| 7 | | (E) Section 24-2.2 (manufacture, sale, or transfer |
| 8 | | of bullets or shells represented to be armor piercing |
| 9 | | bullets, dragon's breath shotgun shells, bolo shells, |
| 10 | | or flechette shells); |
| 11 | | (F) Section 24-3 (unlawful sale or delivery of |
| 12 | | firearms); |
| 13 | | (G) Section 24-3.3 (unlawful sale or delivery of |
| 14 | | firearms on the premises of any school); |
| 15 | | (H) Section 24-34 (unlawful sale of firearms by |
| 16 | | liquor license); |
| 17 | | (I) Section 24-3.5 (unlawful purchase of a |
| 18 | | firearm); |
| 19 | | (J) Section 24-3A (gunrunning); |
| 20 | | (K) Section 24-3B (firearms trafficking); |
| 21 | | (L) Section 10-9 (b) (involuntary servitude); |
| 22 | | (M) Section 10-9 (c) (involuntary sexual servitude |
| 23 | | of a minor); |
| 24 | | (N) Section 10-9(d) (trafficking in persons); |
| 25 | | (O) Non-probationable violations: (i) unlawful |
| 26 | | possession of weapons by felons or persons in the |
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| 1 | | Custody of the Department of Corrections facilities |
| 2 | | (Section 24-1.1), (ii) aggravated unlawful possession |
| 3 | | of a weapon (Section 24-1.6), or (iii) aggravated |
| 4 | | possession of a stolen firearm (Section 24-3.9); |
| 5 | | (P) Section 9-3 (reckless homicide and involuntary |
| 6 | | manslaughter); |
| 7 | | (Q) Section 19-3 (residential burglary); |
| 8 | | (R) Section 10-5 (child abduction); |
| 9 | | (S) Felony violations of Section 12C-5 (child |
| 10 | | endangerment); |
| 11 | | (T) Section 12-7.1 (hate crime); |
| 12 | | (U) Section 10-3.1 (aggravated unlawful |
| 13 | | restraint); |
| 14 | | (V) Section 12-9 (threatening a public official); |
| 15 | | (W) Subdivision (f)(1) of Section 12-3.05 |
| 16 | | (aggravated battery with a deadly weapon other than by |
| 17 | | discharge of a firearm); |
| 18 | | (6.5) the defendant is charged with any of the |
| 19 | | following offenses, and it is alleged that the defendant's |
| 20 | | pretrial release poses a real and present threat to the |
| 21 | | safety of any person or persons or the community, based on |
| 22 | | the specific articulable facts of the case: |
| 23 | | (A) Felony violations of Sections 3.01, 3.02, or |
| 24 | | 3.03 of the Humane Care for Animals Act (cruel |
| 25 | | treatment, aggravated cruelty, and animal torture); |
| 26 | | (B) Subdivision (d)(1)(B) of Section 11-501 of the |
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| 1 | | Illinois Vehicle Code (aggravated driving under the |
| 2 | | influence while operating a school bus with |
| 3 | | passengers); |
| 4 | | (C) Subdivision (d)(1)(C) of Section 11-501 of the |
| 5 | | Illinois Vehicle Code (aggravated driving under the |
| 6 | | influence causing great bodily harm); |
| 7 | | (D) Subdivision (d)(1)(D) of Section 11-501 of the |
| 8 | | Illinois Vehicle Code (aggravated driving under the |
| 9 | | influence after a previous reckless homicide |
| 10 | | conviction); |
| 11 | | (E) Subdivision (d)(1)(F) of Section 11-501 of the |
| 12 | | Illinois Vehicle Code (aggravated driving under the |
| 13 | | influence leading to death); or |
| 14 | | (F) Subdivision (d)(1)(J) of Section 11-501 of the |
| 15 | | Illinois Vehicle Code (aggravated driving under the |
| 16 | | influence that resulted in bodily harm to a child |
| 17 | | under the age of 16); |
| 18 | | (7) the defendant is charged with an attempt to commit |
| 19 | | any charge listed in paragraphs (1) through (6.5), and it |
| 20 | | is alleged that the defendant's pretrial release poses a |
| 21 | | real and present threat to the safety of any person or |
| 22 | | persons or the community, based on the specific |
| 23 | | articulable facts of the case; or |
| 24 | | (8) the person has a high likelihood of willful flight |
| 25 | | to avoid prosecution and is charged with: |
| 26 | | (A) Any felony described in subdivisions (a)(1) |
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| 1 | | through (a)(7) of this Section; or |
| 2 | | (B) A felony offense other than a Class 4 offense. |
| 3 | | (a-5) A court shall deny a defendant charged with a Class X |
| 4 | | felony pretrial release only if: |
| 5 | | (1) the offense with which the defendant has been |
| 6 | | charged is not specifically enumerated in subsection (a) |
| 7 | | of this Section; and |
| 8 | | (2) prior to denial of pretrial release under this |
| 9 | | subsection (a-5), the court has determined there is |
| 10 | | probable cause the defendant has committed a Class X |
| 11 | | felony, pursuant to subsection (b) of this Section. |
| 12 | | (b) If the charged offense is a felony, as part of the |
| 13 | | detention hearing, the court shall determine whether there is |
| 14 | | probable cause the defendant has committed an offense, unless |
| 15 | | a hearing pursuant to Section 109-3 of this Code has already |
| 16 | | been held or a grand jury has returned a true bill of |
| 17 | | indictment against the defendant. If there is a finding of no |
| 18 | | probable cause, the defendant shall be released. No such |
| 19 | | finding is necessary if the defendant is charged with a |
| 20 | | misdemeanor. |
| 21 | | (c) Timing of petition. |
| 22 | | (1) A petition may be filed without prior notice to |
| 23 | | the defendant at the first appearance before a judge, or |
| 24 | | within the 21 calendar days, except as provided in Section |
| 25 | | 110-6, after arrest and release of the defendant upon |
| 26 | | reasonable notice to defendant; provided that while such |
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| 1 | | petition is pending before the court, the defendant if |
| 2 | | previously released shall not be detained. |
| 3 | | (2) Upon filing, the court shall immediately hold a |
| 4 | | hearing on the petition unless a continuance is requested. |
| 5 | | If a continuance is requested and granted, the hearing |
| 6 | | shall be held within 48 hours of the defendant's first |
| 7 | | appearance if the defendant is charged with first degree |
| 8 | | murder or a Class X, Class 1, Class 2, or Class 3 felony, |
| 9 | | and within 24 hours if the defendant is charged with a |
| 10 | | Class 4 or misdemeanor offense. The Court may deny or |
| 11 | | grant the request for continuance. If the court decides to |
| 12 | | grant the continuance, the Court retains the discretion to |
| 13 | | detain or release the defendant in the time between the |
| 14 | | filing of the petition and the hearing. |
| 15 | | (d) Contents of petition. |
| 16 | | (1) The petition shall be verified by the State and |
| 17 | | shall state the grounds upon which it contends the |
| 18 | | defendant should be denied pretrial release, including the |
| 19 | | real and present threat to the safety of any person or |
| 20 | | persons or the community, based on the specific |
| 21 | | articulable facts or flight risk, as appropriate. |
| 22 | | (2) If the State seeks to file a second or subsequent |
| 23 | | petition under this Section, the State shall be required |
| 24 | | to present a verified application setting forth in detail |
| 25 | | any new facts not known or obtainable at the time of the |
| 26 | | filing of the previous petition. |
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| 1 | | (e) Eligibility: All defendants shall be presumed eligible |
| 2 | | for pretrial release, and the State shall bear the burden of |
| 3 | | proving by clear and convincing evidence that: |
| 4 | | (1) the proof is evident or the presumption great that |
| 5 | | the defendant has committed an offense listed in |
| 6 | | subsection (a), and |
| 7 | | (2) for offenses listed in paragraphs (1) through (7) |
| 8 | | of subsection (a), the defendant poses a real and present |
| 9 | | threat to the safety of any person or persons or the |
| 10 | | community, based on the specific articulable facts of the |
| 11 | | case, by conduct which may include, but is not limited to, |
| 12 | | a forcible felony, the obstruction of justice, |
| 13 | | intimidation, injury, or abuse as defined by paragraph (1) |
| 14 | | of Section 103 of the Illinois Domestic Violence Act of |
| 15 | | 1986, and |
| 16 | | (3) no condition or combination of conditions set |
| 17 | | forth in subsection (b) of Section 110-10 of this Article |
| 18 | | can mitigate (i) the real and present threat to the safety |
| 19 | | of any person or persons or the community, based on the |
| 20 | | specific articulable facts of the case, for offenses |
| 21 | | listed in paragraphs (1) through (7) of subsection (a), or |
| 22 | | (ii) the defendant's willful flight for offenses listed in |
| 23 | | paragraph (8) of subsection (a), and |
| 24 | | (4) for offenses under subsection (b) of Section 407 |
| 25 | | of the Illinois Controlled Substances Act that are subject |
| 26 | | to paragraph (1) of subsection (a), no condition or |
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| 1 | | combination of conditions set forth in subsection (b) of |
| 2 | | Section 110-10 of this Article can mitigate the real and |
| 3 | | present threat to the safety of any person or persons or |
| 4 | | the community, based on the specific articulable facts of |
| 5 | | the case, and the defendant poses a serious risk to not |
| 6 | | appear in court as required. |
| 7 | | (f) Conduct of the hearings. |
| 8 | | (1) Prior to the hearing, the State shall tender to |
| 9 | | the defendant copies of the defendant's criminal history |
| 10 | | available, any written or recorded statements, and the |
| 11 | | substance of any oral statements made by any person, if |
| 12 | | relied upon by the State in its petition, and any police |
| 13 | | reports in the prosecutor's possession at the time of the |
| 14 | | hearing. |
| 15 | | (2) The State or defendant may present evidence at the |
| 16 | | hearing by way of proffer based upon reliable information. |
| 17 | | (3) The defendant has the right to be represented by |
| 18 | | counsel, and if he or she is indigent, to have counsel |
| 19 | | appointed for him or her. The defendant shall have the |
| 20 | | opportunity to testify, to present witnesses on his or her |
| 21 | | own behalf, and to cross-examine any witnesses that are |
| 22 | | called by the State. Defense counsel shall be given |
| 23 | | adequate opportunity to confer with the defendant before |
| 24 | | any hearing at which conditions of release or the |
| 25 | | detention of the defendant are to be considered, with an |
| 26 | | accommodation for a physical condition made to facilitate |
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| 1 | | attorney/client consultation. If defense counsel needs to |
| 2 | | confer or consult with the defendant during any hearing |
| 3 | | conducted via a 2-way audio-visual communication system, |
| 4 | | such consultation shall not be recorded and shall be |
| 5 | | undertaken consistent with constitutional protections. |
| 6 | | (3.5) A hearing at which pretrial release may be |
| 7 | | denied must be conducted in person (and not by way of 2-way |
| 8 | | audio visual communication) unless the accused waives the |
| 9 | | right to be present physically in court, the court |
| 10 | | determines that the physical health and safety of any |
| 11 | | person necessary to the proceedings would be endangered by |
| 12 | | appearing in court, or the chief judge of the circuit |
| 13 | | orders use of that system due to operational challenges in |
| 14 | | conducting the hearing in person. Such operational |
| 15 | | challenges must be documented and approved by the chief |
| 16 | | judge of the circuit, and a plan to address the challenges |
| 17 | | through reasonable efforts must be presented and approved |
| 18 | | by the Administrative Office of the Illinois Courts every |
| 19 | | 6 months. |
| 20 | | (4) If the defense seeks to compel the complaining |
| 21 | | witness to testify as a witness in its favor, it shall |
| 22 | | petition the court for permission. When the ends of |
| 23 | | justice so require, the court may exercise its discretion |
| 24 | | and compel the appearance of a complaining witness. The |
| 25 | | court shall state on the record reasons for granting a |
| 26 | | defense request to compel the presence of a complaining |
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| 1 | | witness only on the issue of the defendant's pretrial |
| 2 | | detention. In making a determination under this Section, |
| 3 | | the court shall state on the record the reason for |
| 4 | | granting a defense request to compel the presence of a |
| 5 | | complaining witness, and only grant the request if the |
| 6 | | court finds by clear and convincing evidence that the |
| 7 | | defendant will be materially prejudiced if the complaining |
| 8 | | witness does not appear. Cross-examination of a |
| 9 | | complaining witness at the pretrial detention hearing for |
| 10 | | the purpose of impeaching the witness' credibility is |
| 11 | | insufficient reason to compel the presence of the witness. |
| 12 | | In deciding whether to compel the appearance of a |
| 13 | | complaining witness, the court shall be considerate of the |
| 14 | | emotional and physical well-being of the witness. The |
| 15 | | pre-trial detention hearing is not to be used for purposes |
| 16 | | of discovery, and the post arraignment rules of discovery |
| 17 | | do not apply. The State shall tender to the defendant, |
| 18 | | prior to the hearing, copies, if any, of the defendant's |
| 19 | | criminal history, if available, and any written or |
| 20 | | recorded statements and the substance of any oral |
| 21 | | statements made by any person, if in the State's |
| 22 | | Attorney's possession at the time of the hearing. |
| 23 | | (5) The rules concerning the admissibility of evidence |
| 24 | | in criminal trials do not apply to the presentation and |
| 25 | | consideration of information at the hearing. At the trial |
| 26 | | concerning the offense for which the hearing was conducted |
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| 1 | | neither the finding of the court nor any transcript or |
| 2 | | other record of the hearing shall be admissible in the |
| 3 | | State's case-in-chief, but shall be admissible for |
| 4 | | impeachment, or as provided in Section 115-10.1 of this |
| 5 | | Code, or in a perjury proceeding. |
| 6 | | (6) The defendant may not move to suppress evidence or |
| 7 | | a confession, however, evidence that proof of the charged |
| 8 | | crime may have been the result of an unlawful search or |
| 9 | | seizure, or both, or through improper interrogation, is |
| 10 | | relevant in assessing the weight of the evidence against |
| 11 | | the defendant. |
| 12 | | (7) Decisions regarding release, conditions of |
| 13 | | release, and detention prior to trial must be |
| 14 | | individualized, and no single factor or standard may be |
| 15 | | used exclusively to order detention. Risk assessment tools |
| 16 | | may not be used as the sole basis to deny pretrial release. |
| 17 | | (g) Factors to be considered in making a determination of |
| 18 | | dangerousness. The court may, in determining whether the |
| 19 | | defendant poses a real and present threat to the safety of any |
| 20 | | person or persons or the community, based on the specific |
| 21 | | articulable facts of the case, consider, but shall not be |
| 22 | | limited to, evidence or testimony concerning: |
| 23 | | (1) The nature and circumstances of any offense |
| 24 | | charged, including whether the offense is a crime of |
| 25 | | violence, involving a weapon, or a sex offense. |
| 26 | | (2) The history and characteristics of the defendant |
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| 1 | | including: |
| 2 | | (A) Any evidence of the defendant's prior criminal |
| 3 | | history indicative of violent, abusive, or assaultive |
| 4 | | behavior, or lack of such behavior. Such evidence may |
| 5 | | include testimony or documents received in juvenile |
| 6 | | proceedings, criminal, quasi-criminal, civil |
| 7 | | commitment, domestic relations, or other proceedings. |
| 8 | | (B) Any evidence of the defendant's psychological, |
| 9 | | psychiatric or other similar social history which |
| 10 | | tends to indicate a violent, abusive, or assaultive |
| 11 | | nature, or lack of any such history. |
| 12 | | (3) The identity of any person or persons to whose |
| 13 | | safety the defendant is believed to pose a threat, and the |
| 14 | | nature of the threat. |
| 15 | | (4) Any statements made by, or attributed to the |
| 16 | | defendant, together with the circumstances surrounding |
| 17 | | them. |
| 18 | | (5) The age and physical condition of the defendant. |
| 19 | | (6) The age and physical condition of any victim or |
| 20 | | complaining witness. |
| 21 | | (7) Whether the defendant is known to possess or have |
| 22 | | access to any weapon or weapons. |
| 23 | | (8) Whether, at the time of the current offense or any |
| 24 | | other offense or arrest, the defendant was on probation, |
| 25 | | parole, aftercare release, mandatory supervised release, |
| 26 | | or other release from custody pending trial, sentencing, |
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| 1 | | appeal, or completion of sentence for an offense under |
| 2 | | federal or State law. |
| 3 | | (9) Any other factors, including those listed in |
| 4 | | Section 110-5 of this Article deemed by the court to have a |
| 5 | | reasonable bearing upon the defendant's propensity or |
| 6 | | reputation for violent, abusive, or assaultive behavior, |
| 7 | | or lack of such behavior. |
| 8 | | (h) Detention order. The court shall, in any order for |
| 9 | | detention: |
| 10 | | (1) make a written finding summarizing the court's |
| 11 | | reasons for concluding that the defendant should be denied |
| 12 | | pretrial release, including why less restrictive |
| 13 | | conditions would not avoid a real and present threat to |
| 14 | | the safety of any person or persons or the community, |
| 15 | | based on the specific articulable facts of the case, or |
| 16 | | prevent the defendant's willful flight from prosecution; |
| 17 | | (2) direct that the defendant be committed to the |
| 18 | | custody of the sheriff for confinement in the county jail |
| 19 | | pending trial; |
| 20 | | (3) direct that the defendant be given a reasonable |
| 21 | | opportunity for private consultation with counsel, and for |
| 22 | | communication with others of his or her choice by |
| 23 | | visitation, mail and telephone; and |
| 24 | | (4) direct that the sheriff deliver the defendant as |
| 25 | | required for appearances in connection with court |
| 26 | | proceedings. |
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| 1 | | (i) Detention. If the court enters an order for the |
| 2 | | detention of the defendant pursuant to subsection (e) of this |
| 3 | | Section, the defendant shall be brought to trial on the |
| 4 | | offense for which he is detained within 90 days after the date |
| 5 | | on which the order for detention was entered. If the defendant |
| 6 | | is not brought to trial within the 90-day period required by |
| 7 | | the preceding sentence, he shall not be denied pretrial |
| 8 | | release. In computing the 90-day period, the court shall omit |
| 9 | | any period of delay resulting from a continuance granted at |
| 10 | | the request of the defendant and any period of delay resulting |
| 11 | | from a continuance granted at the request of the State with |
| 12 | | good cause shown pursuant to Section 103-5. |
| 13 | | (i-5) At each subsequent appearance of the defendant |
| 14 | | before the court, the judge must find that continued detention |
| 15 | | is necessary to avoid a real and present threat to the safety |
| 16 | | of any person or persons or the community, based on the |
| 17 | | specific articulable facts of the case, or to prevent the |
| 18 | | defendant's willful flight from prosecution. |
| 19 | | (j) Rights of the defendant. The defendant shall be |
| 20 | | entitled to appeal any order entered under this Section |
| 21 | | denying his or her pretrial release. |
| 22 | | (k) Appeal. The State may appeal any order entered under |
| 23 | | this Section denying any motion for denial of pretrial |
| 24 | | release. |
| 25 | | (l) Presumption of innocence. Nothing in this Section |
| 26 | | shall be construed as modifying or limiting in any way the |
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| 1 | | defendant's presumption of innocence in further criminal |
| 2 | | proceedings. |
| 3 | | (m) Interest of victims. |
| 4 | | (1) Crime victims shall be given notice by the State's |
| 5 | | Attorney's office of this hearing as required in paragraph |
| 6 | | (1) of subsection (b) of Section 4.5 of the Rights of Crime |
| 7 | | Victims and Witnesses Act and shall be informed of their |
| 8 | | opportunity at this hearing to obtain a protective order. |
| 9 | | (2) If the defendant is denied pretrial release, the |
| 10 | | court may impose a no contact provision with the victim or |
| 11 | | other interested party that shall be enforced while the |
| 12 | | defendant remains in custody. |
| 13 | | (Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.) |