IL
Illinois House Bill HB5120

Illinois 2023-2024 Regular Session

Illinois House Bill HB5120 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5120 Introduced 2/8/2024, by Rep. Patrick Windhorst - Dan Ugaste - Amy L. Grant - John M. Cabello and Dave Severin SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence. LRB103 35871 RLC 65956 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5120 Introduced 2/8/2024, by Rep. Patrick Windhorst - Dan Ugaste - Amy L. Grant - John M. Cabello and Dave Severin SYNOPSIS AS INTRODUCED: 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence. LRB103 35871 RLC 65956 b LRB103 35871 RLC 65956 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5120 Introduced 2/8/2024, by Rep. Patrick Windhorst - Dan Ugaste - Amy L. Grant - John M. Cabello and Dave Severin SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
44 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
55 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Code of Criminal Procedure of 1963 is
1515 5 amended by changing Section 110-6.1 as follows:
1616 6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
1717 7 Sec. 110-6.1. Denial of pretrial release.
1818 8 (a) Upon verified petition by the State, the court shall
1919 9 hold a hearing and may deny a defendant pretrial release only
2020 10 if:
2121 11 (1) the defendant is charged with a felony offense
2222 12 other than a forcible felony for which, based on the
2323 13 charge or the defendant's criminal history, a sentence of
2424 14 imprisonment, without probation, periodic imprisonment or
2525 15 conditional discharge, is required by law upon conviction,
2626 16 and it is alleged that the defendant's pretrial release
2727 17 poses a real and present threat to the safety of any person
2828 18 or persons or the community, based on the specific
2929 19 articulable facts of the case;
3030 20 (1.5) (blank); the defendant's pretrial release poses
3131 21 a real and present threat to the safety of any person or
3232 22 persons or the community, based on the specific
3333 23 articulable facts of the case, and the defendant is
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5120 Introduced 2/8/2024, by Rep. Patrick Windhorst - Dan Ugaste - Amy L. Grant - John M. Cabello and Dave Severin SYNOPSIS AS INTRODUCED:
3838 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
3939 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
4040 Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.
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6868 1 charged with a forcible felony, which as used in this
6969 2 Section, means treason, first degree murder, second degree
7070 3 murder, predatory criminal sexual assault of a child,
7171 4 aggravated criminal sexual assault, criminal sexual
7272 5 assault, armed robbery, aggravated robbery, robbery,
7373 6 burglary where there is use of force against another
7474 7 person, residential burglary, home invasion, vehicular
7575 8 invasion, aggravated arson, arson, aggravated kidnaping,
7676 9 kidnaping, aggravated battery resulting in great bodily
7777 10 harm or permanent disability or disfigurement or any other
7878 11 felony which involves the threat of or infliction of great
7979 12 bodily harm or permanent disability or disfigurement;
8080 13 (2) (blank); the defendant is charged with stalking or
8181 14 aggravated stalking, and it is alleged that the
8282 15 defendant's pre-trial release poses a real and present
8383 16 threat to the safety of a victim of the alleged offense,
8484 17 and denial of release is necessary to prevent fulfillment
8585 18 of the threat upon which the charge is based;
8686 19 (3) the defendant is charged with a violation of an
8787 20 order of protection issued under Section 112A-14 of this
8888 21 Code or Section 214 of the Illinois Domestic Violence Act
8989 22 of 1986, a stalking no contact order under Section 80 of
9090 23 the Stalking No Contact Order Act, or of a civil no contact
9191 24 order under Section 213 of the Civil No Contact Order Act,
9292 25 and it is alleged that the defendant's pretrial release
9393 26 poses a real and present threat to the safety of any person
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104104 1 or persons or the community, based on the specific
105105 2 articulable facts of the case;
106106 3 (4) the defendant is charged with misdemeanor domestic
107107 4 battery or aggravated domestic battery under Section
108108 5 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is
109109 6 alleged that the defendant's pretrial release poses a real
110110 7 and present threat to the safety of any person or persons
111111 8 or the community, based on the specific articulable facts
112112 9 of the case;
113113 10 (5) the defendant is charged with any offense under
114114 11 Article 11 of the Criminal Code of 2012, except for
115115 12 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
116116 13 11-40, and 11-45 of the Criminal Code of 2012, or similar
117117 14 provisions of the Criminal Code of 1961 and it is alleged
118118 15 that the defendant's pretrial release poses a real and
119119 16 present threat to the safety of any person or persons or
120120 17 the community, based on the specific articulable facts of
121121 18 the case;
122122 19 (6) (blank); the defendant is charged with any of the
123123 20 following offenses under the Criminal Code of 2012, and it
124124 21 is alleged that the defendant's pretrial release poses a
125125 22 real and present threat to the safety of any person or
126126 23 persons or the community, based on the specific
127127 24 articulable facts of the case:
128128 25 (A) Section 24-1.2 (aggravated discharge of a
129129 26 firearm);
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140140 1 (B) Section 24-2.5 (aggravated discharge of a
141141 2 machine gun or a firearm equipped with a device
142142 3 designed or use for silencing the report of a
143143 4 firearm);
144144 5 (C) Section 24-1.5 (reckless discharge of a
145145 6 firearm);
146146 7 (D) Section 24-1.7 (armed habitual criminal);
147147 8 (E) Section 24-2.2 (manufacture, sale or transfer
148148 9 of bullets or shells represented to be armor piercing
149149 10 bullets, dragon's breath shotgun shells, bolo shells,
150150 11 or flechette shells);
151151 12 (F) Section 24-3 (unlawful sale or delivery of
152152 13 firearms);
153153 14 (G) Section 24-3.3 (unlawful sale or delivery of
154154 15 firearms on the premises of any school);
155155 16 (H) Section 24-34 (unlawful sale of firearms by
156156 17 liquor license);
157157 18 (I) Section 24-3.5 (unlawful purchase of a
158158 19 firearm);
159159 20 (J) Section 24-3A (gunrunning);
160160 21 (K) Section 24-3B (firearms trafficking);
161161 22 (L) Section 10-9 (b) (involuntary servitude);
162162 23 (M) Section 10-9 (c) (involuntary sexual servitude
163163 24 of a minor);
164164 25 (N) Section 10-9(d) (trafficking in persons);
165165 26 (O) Non-probationable violations: (i) unlawful use
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176176 1 or possession of weapons by felons or persons in the
177177 2 Custody of the Department of Corrections facilities
178178 3 (Section 24-1.1), (ii) aggravated unlawful use of a
179179 4 weapon (Section 24-1.6), or (iii) aggravated
180180 5 possession of a stolen firearm (Section 24-3.9);
181181 6 (P) Section 9-3 (reckless homicide and involuntary
182182 7 manslaughter);
183183 8 (Q) Section 19-3 (residential burglary);
184184 9 (R) Section 10-5 (child abduction);
185185 10 (S) Felony violations of Section 12C-5 (child
186186 11 endangerment);
187187 12 (T) Section 12-7.1 (hate crime);
188188 13 (U) Section 10-3.1 (aggravated unlawful
189189 14 restraint);
190190 15 (V) Section 12-9 (threatening a public official);
191191 16 (W) Subdivision (f)(1) of Section 12-3.05
192192 17 (aggravated battery with a deadly weapon other than by
193193 18 discharge of a firearm);
194194 19 (6.5) (blank); the defendant is charged with any of
195195 20 the following offenses, and it is alleged that the
196196 21 defendant's pretrial release poses a real and present
197197 22 threat to the safety of any person or persons or the
198198 23 community, based on the specific articulable facts of the
199199 24 case:
200200 25 (A) Felony violations of Sections 3.01, 3.02, or
201201 26 3.03 of the Humane Care for Animals Act (cruel
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212212 1 treatment, aggravated cruelty, and animal torture);
213213 2 (B) Subdivision (d)(1)(B) of Section 11-501 of the
214214 3 Illinois Vehicle Code (aggravated driving under the
215215 4 influence while operating a school bus with
216216 5 passengers);
217217 6 (C) Subdivision (d)(1)(C) of Section 11-501 of the
218218 7 Illinois Vehicle Code (aggravated driving under the
219219 8 influence causing great bodily harm);
220220 9 (D) Subdivision (d)(1)(D) of Section 11-501 of the
221221 10 Illinois Vehicle Code (aggravated driving under the
222222 11 influence after a previous reckless homicide
223223 12 conviction);
224224 13 (E) Subdivision (d)(1)(F) of Section 11-501 of the
225225 14 Illinois Vehicle Code (aggravated driving under the
226226 15 influence leading to death); or
227227 16 (F) Subdivision (d)(1)(J) of Section 11-501 of the
228228 17 Illinois Vehicle Code (aggravated driving under the
229229 18 influence that resulted in bodily harm to a child
230230 19 under the age of 16);
231231 20 (7) the defendant is charged with an attempt to commit
232232 21 any charge listed in paragraphs (1) through (5) (6.5), and
233233 22 it is alleged that the defendant's pretrial release poses
234234 23 a real and present threat to the safety of any person or
235235 24 persons or the community, based on the specific
236236 25 articulable facts of the case; or
237237 26 (8) the person has a high likelihood of willful flight
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248248 1 to avoid prosecution and is charged with a felony; or
249249 2 (9) the defendant has been convicted of 2 or more of
250250 3 the same felonies or misdemeanors and either:
251251 4 (A) it is alleged that the defendant's pretrial
252252 5 release poses a real and present threat to the safety
253253 6 of any person or persons or the community, based on the
254254 7 specific articulable facts of the case; or
255255 8 (B) the defendant has a high likelihood of willful
256256 9 flight to avoid prosecution. :
257257 10 (A) Any felony described in subdivisions (a)(1)
258258 11 through (a)(7) of this Section; or
259259 12 (B) A felony offense other than a Class 4 offense.
260260 13 (b) If the charged offense is a felony, as part of the
261261 14 detention hearing, the court shall determine whether there is
262262 15 probable cause the defendant has committed an offense, unless
263263 16 a hearing pursuant to Section 109-3 of this Code has already
264264 17 been held or a grand jury has returned a true bill of
265265 18 indictment against the defendant. If there is a finding of no
266266 19 probable cause, the defendant shall be released. No such
267267 20 finding is necessary if the defendant is charged with a
268268 21 misdemeanor.
269269 22 (c) Timing of petition.
270270 23 (1) A petition may be filed without prior notice to
271271 24 the defendant at the first appearance before a judge, or
272272 25 within the 21 calendar days, except as provided in Section
273273 26 110-6, after arrest and release of the defendant upon
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284284 1 reasonable notice to defendant; provided that while such
285285 2 petition is pending before the court, the defendant if
286286 3 previously released shall not be detained.
287287 4 (2) Upon filing, the court shall immediately hold a
288288 5 hearing on the petition unless a continuance is requested.
289289 6 If a continuance is requested and granted, the hearing
290290 7 shall be held within 48 hours of the defendant's first
291291 8 appearance if the defendant is charged with first degree
292292 9 murder or a Class X, Class 1, Class 2, or Class 3 felony,
293293 10 and within 24 hours if the defendant is charged with a
294294 11 Class 4 or misdemeanor offense. The Court may deny or
295295 12 grant the request for continuance. If the court decides to
296296 13 grant the continuance, the Court retains the discretion to
297297 14 detain or release the defendant in the time between the
298298 15 filing of the petition and the hearing.
299299 16 (d) Contents of petition.
300300 17 (1) The petition shall be verified by the State and
301301 18 shall state the grounds upon which it contends the
302302 19 defendant should be denied pretrial release, including the
303303 20 real and present threat to the safety of any person or
304304 21 persons or the community, based on the specific
305305 22 articulable facts or flight risk, as appropriate.
306306 23 (2) If the State seeks to file a second or subsequent
307307 24 petition under this Section, the State shall be required
308308 25 to present a verified application setting forth in detail
309309 26 any new facts not known or obtainable at the time of the
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320320 1 filing of the previous petition.
321321 2 (e) Eligibility: All defendants shall be presumed eligible
322322 3 for pretrial release, and the State shall bear the burden of
323323 4 proving by a preponderance of the clear and convincing
324324 5 evidence that:
325325 6 (1) the proof is evident or the presumption great that
326326 7 the defendant has committed an offense listed in
327327 8 subsection (a), and
328328 9 (2) for offenses listed in paragraphs (1) through (7)
329329 10 of subsection (a), the defendant poses a real and present
330330 11 threat to the safety of any person or persons or the
331331 12 community, based on the specific articulable facts of the
332332 13 case, by conduct which may include, but is not limited to,
333333 14 a forcible felony, the obstruction of justice,
334334 15 intimidation, injury, or abuse as defined by paragraph (1)
335335 16 of Section 103 of the Illinois Domestic Violence Act of
336336 17 1986, and
337337 18 (3) no condition or combination of conditions set
338338 19 forth in subsection (b) of Section 110-10 of this Article
339339 20 can mitigate (i) the real and present threat to the safety
340340 21 of any person or persons or the community, based on the
341341 22 specific articulable facts of the case, for offenses
342342 23 listed in paragraphs (1) through (7) of subsection (a), or
343343 24 (ii) the defendant's willful flight for offenses listed in
344344 25 paragraph (8) of subsection (a), and
345345 26 (4) for offenses under subsection (b) of Section 407
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356356 1 of the Illinois Controlled Substances Act that are subject
357357 2 to paragraph (1) of subsection (a), no condition or
358358 3 combination of conditions set forth in subsection (b) of
359359 4 Section 110-10 of this Article can mitigate the real and
360360 5 present threat to the safety of any person or persons or
361361 6 the community, based on the specific articulable facts of
362362 7 the case, and the defendant poses a serious risk to not
363363 8 appear in court as required.
364364 9 (f) Conduct of the hearings.
365365 10 (1) Prior to the hearing, the State shall tender to
366366 11 the defendant copies of the defendant's criminal history
367367 12 available, any written or recorded statements, and the
368368 13 substance of any oral statements made by any person, if
369369 14 relied upon by the State in its petition, and any police
370370 15 reports in the prosecutor's possession at the time of the
371371 16 hearing.
372372 17 (2) The State or defendant may present evidence at the
373373 18 hearing by way of proffer based upon reliable information.
374374 19 (3) The defendant has the right to be represented by
375375 20 counsel, and if he or she is indigent, to have counsel
376376 21 appointed for him or her. The defendant shall have the
377377 22 opportunity to testify, to present witnesses on his or her
378378 23 own behalf, and to cross-examine any witnesses that are
379379 24 called by the State. Defense counsel shall be given
380380 25 adequate opportunity to confer with the defendant before
381381 26 any hearing at which conditions of release or the
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392392 1 detention of the defendant are to be considered, with an
393393 2 accommodation for a physical condition made to facilitate
394394 3 attorney/client consultation. If defense counsel needs to
395395 4 confer or consult with the defendant during any hearing
396396 5 conducted via a two-way audio-visual communication system,
397397 6 such consultation shall not be recorded and shall be
398398 7 undertaken consistent with constitutional protections.
399399 8 (3.5) A hearing at which pretrial release may be
400400 9 denied must be conducted in person (and not by way of
401401 10 two-way audio visual communication) unless the accused
402402 11 waives the right to be present physically in court, the
403403 12 court determines that the physical health and safety of
404404 13 any person necessary to the proceedings would be
405405 14 endangered by appearing in court, or the chief judge of
406406 15 the circuit orders use of that system due to operational
407407 16 challenges in conducting the hearing in person. Such
408408 17 operational challenges must be documented and approved by
409409 18 the chief judge of the circuit, and a plan to address the
410410 19 challenges through reasonable efforts must be presented
411411 20 and approved by the Administrative Office of the Illinois
412412 21 Courts every 6 months.
413413 22 (4) If the defense seeks to compel the complaining
414414 23 witness to testify as a witness in its favor, it shall
415415 24 petition the court for permission. When the ends of
416416 25 justice so require, the court may exercise its discretion
417417 26 and compel the appearance of a complaining witness. The
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428428 1 court shall state on the record reasons for granting a
429429 2 defense request to compel the presence of a complaining
430430 3 witness only on the issue of the defendant's pretrial
431431 4 detention. In making a determination under this Section,
432432 5 the court shall state on the record the reason for
433433 6 granting a defense request to compel the presence of a
434434 7 complaining witness, and only grant the request if the
435435 8 court finds by clear and convincing evidence that the
436436 9 defendant will be materially prejudiced if the complaining
437437 10 witness does not appear. Cross-examination of a
438438 11 complaining witness at the pretrial detention hearing for
439439 12 the purpose of impeaching the witness' credibility is
440440 13 insufficient reason to compel the presence of the witness.
441441 14 In deciding whether to compel the appearance of a
442442 15 complaining witness, the court shall be considerate of the
443443 16 emotional and physical well-being of the witness. The
444444 17 pre-trial detention hearing is not to be used for purposes
445445 18 of discovery, and the post arraignment rules of discovery
446446 19 do not apply. The State shall tender to the defendant,
447447 20 prior to the hearing, copies, if any, of the defendant's
448448 21 criminal history, if available, and any written or
449449 22 recorded statements and the substance of any oral
450450 23 statements made by any person, if in the State's
451451 24 Attorney's possession at the time of the hearing.
452452 25 (5) The rules concerning the admissibility of evidence
453453 26 in criminal trials do not apply to the presentation and
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464464 1 consideration of information at the hearing. At the trial
465465 2 concerning the offense for which the hearing was conducted
466466 3 neither the finding of the court nor any transcript or
467467 4 other record of the hearing shall be admissible in the
468468 5 State's case-in-chief, but shall be admissible for
469469 6 impeachment, or as provided in Section 115-10.1 of this
470470 7 Code, or in a perjury proceeding.
471471 8 (6) The defendant may not move to suppress evidence or
472472 9 a confession, however, evidence that proof of the charged
473473 10 crime may have been the result of an unlawful search or
474474 11 seizure, or both, or through improper interrogation, is
475475 12 relevant in assessing the weight of the evidence against
476476 13 the defendant.
477477 14 (7) Decisions regarding release, conditions of
478478 15 release, and detention prior to trial must be
479479 16 individualized, and no single factor or standard may be
480480 17 used exclusively to order detention. Risk assessment tools
481481 18 may not be used as the sole basis to deny pretrial release.
482482 19 (g) Factors to be considered in making a determination of
483483 20 dangerousness. The court may, in determining whether the
484484 21 defendant poses a real and present threat to the safety of any
485485 22 person or persons or the community, based on the specific
486486 23 articulable facts of the case, consider, but shall not be
487487 24 limited to, evidence or testimony concerning:
488488 25 (1) The nature and circumstances of any offense
489489 26 charged, including whether the offense is a crime of
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500500 1 violence, involving a weapon, or a sex offense.
501501 2 (2) The history and characteristics of the defendant
502502 3 including:
503503 4 (A) Any evidence of the defendant's prior criminal
504504 5 history indicative of violent, abusive or assaultive
505505 6 behavior, or lack of such behavior. Such evidence may
506506 7 include testimony or documents received in juvenile
507507 8 proceedings, criminal, quasi-criminal, civil
508508 9 commitment, domestic relations, or other proceedings.
509509 10 (B) Any evidence of the defendant's psychological,
510510 11 psychiatric or other similar social history which
511511 12 tends to indicate a violent, abusive, or assaultive
512512 13 nature, or lack of any such history.
513513 14 (3) The identity of any person or persons to whose
514514 15 safety the defendant is believed to pose a threat, and the
515515 16 nature of the threat.
516516 17 (4) Any statements made by, or attributed to the
517517 18 defendant, together with the circumstances surrounding
518518 19 them.
519519 20 (5) The age and physical condition of the defendant.
520520 21 (6) The age and physical condition of any victim or
521521 22 complaining witness.
522522 23 (7) Whether the defendant is known to possess or have
523523 24 access to any weapon or weapons.
524524 25 (8) Whether, at the time of the current offense or any
525525 26 other offense or arrest, the defendant was on probation,
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536536 1 parole, aftercare release, mandatory supervised release or
537537 2 other release from custody pending trial, sentencing,
538538 3 appeal or completion of sentence for an offense under
539539 4 federal or state law.
540540 5 (9) Any other factors, including those listed in
541541 6 Section 110-5 of this Article deemed by the court to have a
542542 7 reasonable bearing upon the defendant's propensity or
543543 8 reputation for violent, abusive, or assaultive behavior,
544544 9 or lack of such behavior.
545545 10 (h) Detention order. The court shall, in any order for
546546 11 detention:
547547 12 (1) make a written finding summarizing the court's
548548 13 reasons for concluding that the defendant should be denied
549549 14 pretrial release, including why less restrictive
550550 15 conditions would not avoid a real and present threat to
551551 16 the safety of any person or persons or the community,
552552 17 based on the specific articulable facts of the case, or
553553 18 prevent the defendant's willful flight from prosecution;
554554 19 (2) direct that the defendant be committed to the
555555 20 custody of the sheriff for confinement in the county jail
556556 21 pending trial;
557557 22 (3) direct that the defendant be given a reasonable
558558 23 opportunity for private consultation with counsel, and for
559559 24 communication with others of his or her choice by
560560 25 visitation, mail and telephone; and
561561 26 (4) direct that the sheriff deliver the defendant as
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572572 1 required for appearances in connection with court
573573 2 proceedings.
574574 3 (i) Detention. If the court enters an order for the
575575 4 detention of the defendant pursuant to subsection (e) of this
576576 5 Section, the defendant shall be brought to trial on the
577577 6 offense for which he is detained within 90 days after the date
578578 7 on which the order for detention was entered. If the defendant
579579 8 is not brought to trial within the 90-day period required by
580580 9 the preceding sentence, he shall not be denied pretrial
581581 10 release. In computing the 90-day period, the court shall omit
582582 11 any period of delay resulting from a continuance granted at
583583 12 the request of the defendant and any period of delay resulting
584584 13 from a continuance granted at the request of the State with
585585 14 good cause shown pursuant to Section 103-5.
586586 15 (i-5) At each subsequent appearance of the defendant
587587 16 before the court, the judge must find that continued detention
588588 17 is necessary to avoid a real and present threat to the safety
589589 18 of any person or persons or the community, based on the
590590 19 specific articulable facts of the case, or to prevent the
591591 20 defendant's willful flight from prosecution.
592592 21 (j) Rights of the defendant. The defendant shall be
593593 22 entitled to appeal any order entered under this Section
594594 23 denying his or her pretrial release.
595595 24 (k) Appeal. The State may appeal any order entered under
596596 25 this Section denying any motion for denial of pretrial
597597 26 release.
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