104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0111 Introduced 1/17/2025, by Sen. Sue Rezin 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 if a continuance is requested and granted for a hearing on pretrial detention, the hearing shall be held within 72 (rather than 48) hours of the defendant's first appearance if the defendant is charged with first degree murder or a Class X, Class 1, Class 2, or Class 3 felony. LRB104 03085 RLC 13103 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0111 Introduced 1/17/2025, by Sen. Sue Rezin 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 if a continuance is requested and granted for a hearing on pretrial detention, the hearing shall be held within 72 (rather than 48) hours of the defendant's first appearance if the defendant is charged with first degree murder or a Class X, Class 1, Class 2, or Class 3 felony. LRB104 03085 RLC 13103 b LRB104 03085 RLC 13103 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0111 Introduced 1/17/2025, by Sen. Sue Rezin 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
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that if a continuance is requested and granted for a hearing on pretrial detention, the hearing shall be held within 72 (rather than 48) hours of the defendant's first appearance if the defendant is charged with first degree murder or a Class X, Class 1, Class 2, or Class 3 felony.
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A BILL FOR
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SB0111 LRB104 03085 RLC 13103 b
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 Section 110-6.1 as follows:
6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
7 (Text of Section before amendment by P.A. 103-822)
8 Sec. 110-6.1. Denial of pretrial release.
9 (a) Upon verified petition by the State, the court shall
10 hold a hearing and may deny a defendant pretrial release only
11 if:
12 (1) the defendant is charged with a felony offense
13 other than a forcible felony for which, based on the
14 charge or the defendant's criminal history, a sentence of
15 imprisonment, without probation, periodic imprisonment or
16 conditional discharge, is required by law upon conviction,
17 and it is alleged that the defendant's pretrial release
18 poses a real and present threat to the safety of any person
19 or persons or the community, based on the specific
20 articulable facts of the case;
21 (1.5) the defendant's pretrial release poses a real
22 and present threat to the safety of any person or persons
23 or the community, based on the specific articulable facts
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0111 Introduced 1/17/2025, by Sen. Sue Rezin 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
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that if a continuance is requested and granted for a hearing on pretrial detention, the hearing shall be held within 72 (rather than 48) hours of the defendant's first appearance if the defendant is charged with first degree murder or a Class X, Class 1, Class 2, or Class 3 felony.
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A BILL FOR
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
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1 of the case, and the defendant is charged with a forcible
2 felony, which as used in this Section, means treason,
3 first degree murder, second degree murder, predatory
4 criminal sexual assault of a child, aggravated criminal
5 sexual assault, criminal sexual assault, armed robbery,
6 aggravated robbery, robbery, burglary where there is use
7 of force against another person, residential burglary,
8 home invasion, vehicular invasion, aggravated arson,
9 arson, aggravated kidnaping, kidnaping, aggravated battery
10 resulting in great bodily harm or permanent disability or
11 disfigurement or any other felony which involves the
12 threat of or infliction of great bodily harm or permanent
13 disability or disfigurement;
14 (2) the defendant is charged with stalking or
15 aggravated stalking, and it is alleged that the
16 defendant's pre-trial release poses a real and present
17 threat to the safety of a victim of the alleged offense,
18 and denial of release is necessary to prevent fulfillment
19 of the threat upon which the charge is based;
20 (3) the defendant is charged with a violation of an
21 order of protection issued under Section 112A-14 of this
22 Code or Section 214 of the Illinois Domestic Violence Act
23 of 1986, a stalking no contact order under Section 80 of
24 the Stalking No Contact Order Act, or of a civil no contact
25 order under Section 213 of the Civil No Contact Order Act,
26 and it is alleged that the defendant's pretrial release
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1 poses a real and present threat to the safety of any person
2 or persons or the community, based on the specific
3 articulable facts of the case;
4 (4) the defendant is charged with domestic battery or
5 aggravated domestic battery under Section 12-3.2 or 12-3.3
6 of the Criminal Code of 2012 and it is alleged that the
7 defendant's pretrial release poses a real and present
8 threat to the safety of any person or persons or the
9 community, based on the specific articulable facts of the
10 case;
11 (5) the defendant is charged with any offense under
12 Article 11 of the Criminal Code of 2012, except for
13 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
14 11-40, and 11-45 of the Criminal Code of 2012, or similar
15 provisions of the Criminal Code of 1961 and it is alleged
16 that the defendant's pretrial release poses a real and
17 present threat to the safety of any person or persons or
18 the community, based on the specific articulable facts of
19 the case;
20 (6) the defendant is charged with any of the following
21 offenses under the Criminal Code of 2012, and it is
22 alleged that the defendant's pretrial release poses a real
23 and present threat to the safety of any person or persons
24 or the community, based on the specific articulable facts
25 of the case:
26 (A) Section 24-1.2 (aggravated discharge of a
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1 firearm);
2 (B) Section 24-2.5 (aggravated discharge of a
3 machine gun or a firearm equipped with a device
4 designed or use for silencing the report of a
5 firearm);
6 (C) Section 24-1.5 (reckless discharge of a
7 firearm);
8 (D) Section 24-1.7 (armed habitual criminal);
9 (E) Section 24-2.2 (manufacture, sale or transfer
10 of bullets or shells represented to be armor piercing
11 bullets, dragon's breath shotgun shells, bolo shells,
12 or flechette shells);
13 (F) Section 24-3 (unlawful sale or delivery of
14 firearms);
15 (G) Section 24-3.3 (unlawful sale or delivery of
16 firearms on the premises of any school);
17 (H) Section 24-34 (unlawful sale of firearms by
18 liquor license);
19 (I) Section 24-3.5 (unlawful purchase of a
20 firearm);
21 (J) Section 24-3A (gunrunning);
22 (K) Section 24-3B (firearms trafficking);
23 (L) Section 10-9 (b) (involuntary servitude);
24 (M) Section 10-9 (c) (involuntary sexual servitude
25 of a minor);
26 (N) Section 10-9(d) (trafficking in persons);
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1 (O) Non-probationable violations: (i) unlawful use
2 or possession of weapons by felons or persons in the
3 Custody of the Department of Corrections facilities
4 (Section 24-1.1), (ii) aggravated unlawful use of a
5 weapon (Section 24-1.6), or (iii) aggravated
6 possession of a stolen firearm (Section 24-3.9);
7 (P) Section 9-3 (reckless homicide and involuntary
8 manslaughter);
9 (Q) Section 19-3 (residential burglary);
10 (R) Section 10-5 (child abduction);
11 (S) Felony violations of Section 12C-5 (child
12 endangerment);
13 (T) Section 12-7.1 (hate crime);
14 (U) Section 10-3.1 (aggravated unlawful
15 restraint);
16 (V) Section 12-9 (threatening a public official);
17 (W) Subdivision (f)(1) of Section 12-3.05
18 (aggravated battery with a deadly weapon other than by
19 discharge of a firearm);
20 (6.5) the defendant is charged with any of the
21 following offenses, and it is alleged that the defendant's
22 pretrial release poses a real and present threat to the
23 safety of any person or persons or the community, based on
24 the specific articulable facts of the case:
25 (A) Felony violations of Sections 3.01, 3.02, or
26 3.03 of the Humane Care for Animals Act (cruel
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1 treatment, aggravated cruelty, and animal torture);
2 (B) Subdivision (d)(1)(B) of Section 11-501 of the
3 Illinois Vehicle Code (aggravated driving under the
4 influence while operating a school bus with
5 passengers);
6 (C) Subdivision (d)(1)(C) of Section 11-501 of the
7 Illinois Vehicle Code (aggravated driving under the
8 influence causing great bodily harm);
9 (D) Subdivision (d)(1)(D) of Section 11-501 of the
10 Illinois Vehicle Code (aggravated driving under the
11 influence after a previous reckless homicide
12 conviction);
13 (E) Subdivision (d)(1)(F) of Section 11-501 of the
14 Illinois Vehicle Code (aggravated driving under the
15 influence leading to death); or
16 (F) Subdivision (d)(1)(J) of Section 11-501 of the
17 Illinois Vehicle Code (aggravated driving under the
18 influence that resulted in bodily harm to a child
19 under the age of 16);
20 (7) the defendant is charged with an attempt to commit
21 any charge listed in paragraphs (1) through (6.5), and it
22 is alleged that the defendant's pretrial release poses a
23 real and present threat to the safety of any person or
24 persons or the community, based on the specific
25 articulable facts of the case; or
26 (8) the person has a high likelihood of willful flight
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1 to avoid prosecution and is charged with:
2 (A) Any felony described in subdivisions (a)(1)
3 through (a)(7) of this Section; or
4 (B) A felony offense other than a Class 4 offense.
5 (b) If the charged offense is a felony, as part of the
6 detention hearing, the court shall determine whether there is
7 probable cause the defendant has committed an offense, unless
8 a hearing pursuant to Section 109-3 of this Code has already
9 been held or a grand jury has returned a true bill of
10 indictment against the defendant. If there is a finding of no
11 probable cause, the defendant shall be released. No such
12 finding is necessary if the defendant is charged with a
13 misdemeanor.
14 (c) Timing of petition.
15 (1) A petition may be filed without prior notice to
16 the defendant at the first appearance before a judge, or
17 within the 21 calendar days, except as provided in Section
18 110-6, after arrest and release of the defendant upon
19 reasonable notice to defendant; provided that while such
20 petition is pending before the court, the defendant if
21 previously released shall not be detained.
22 (2) Upon filing, the court shall immediately hold a
23 hearing on the petition unless a continuance is requested.
24 If a continuance is requested and granted, the hearing
25 shall be held within 48 hours of the defendant's first
26 appearance if the defendant is charged with first degree
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1 murder or a Class X, Class 1, Class 2, or Class 3 felony,
2 and within 24 hours if the defendant is charged with a
3 Class 4 or misdemeanor offense. The Court may deny or
4 grant the request for continuance. If the court decides to
5 grant the continuance, the Court retains the discretion to
6 detain or release the defendant in the time between the
7 filing of the petition and the hearing.
8 (d) Contents of petition.
9 (1) The petition shall be verified by the State and
10 shall state the grounds upon which it contends the
11 defendant should be denied pretrial release, including the
12 real and present threat to the safety of any person or
13 persons or the community, based on the specific
14 articulable facts or flight risk, as appropriate.
15 (2) If the State seeks to file a second or subsequent
16 petition under this Section, the State shall be required
17 to present a verified application setting forth in detail
18 any new facts not known or obtainable at the time of the
19 filing of the previous petition.
20 (e) Eligibility: All defendants shall be presumed eligible
21 for pretrial release, and the State shall bear the burden of
22 proving by clear and convincing evidence that:
23 (1) the proof is evident or the presumption great that
24 the defendant has committed an offense listed in
25 subsection (a), and
26 (2) for offenses listed in paragraphs (1) through (7)
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1 of subsection (a), the defendant poses a real and present
2 threat to the safety of any person or persons or the
3 community, based on the specific articulable facts of the
4 case, by conduct which may include, but is not limited to,
5 a forcible felony, the obstruction of justice,
6 intimidation, injury, or abuse as defined by paragraph (1)
7 of Section 103 of the Illinois Domestic Violence Act of
8 1986, and
9 (3) no condition or combination of conditions set
10 forth in subsection (b) of Section 110-10 of this Article
11 can mitigate (i) the real and present threat to the safety
12 of any person or persons or the community, based on the
13 specific articulable facts of the case, for offenses
14 listed in paragraphs (1) through (7) of subsection (a), or
15 (ii) the defendant's willful flight for offenses listed in
16 paragraph (8) of subsection (a), and
17 (4) for offenses under subsection (b) of Section 407
18 of the Illinois Controlled Substances Act that are subject
19 to paragraph (1) of subsection (a), no condition or
20 combination of conditions set forth in subsection (b) of
21 Section 110-10 of this Article can mitigate the real and
22 present threat to the safety of any person or persons or
23 the community, based on the specific articulable facts of
24 the case, and the defendant poses a serious risk to not
25 appear in court as required.
26 (f) Conduct of the hearings.
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1 (1) Prior to the hearing, the State shall tender to
2 the defendant copies of the defendant's criminal history
3 available, any written or recorded statements, and the
4 substance of any oral statements made by any person, if
5 relied upon by the State in its petition, and any police
6 reports in the prosecutor's possession at the time of the
7 hearing.
8 (2) The State or defendant may present evidence at the
9 hearing by way of proffer based upon reliable information.
10 (3) The defendant has the right to be represented by
11 counsel, and if he or she is indigent, to have counsel
12 appointed for him or her. The defendant shall have the
13 opportunity to testify, to present witnesses on his or her
14 own behalf, and to cross-examine any witnesses that are
15 called by the State. Defense counsel shall be given
16 adequate opportunity to confer with the defendant before
17 any hearing at which conditions of release or the
18 detention of the defendant are to be considered, with an
19 accommodation for a physical condition made to facilitate
20 attorney/client consultation. If defense counsel needs to
21 confer or consult with the defendant during any hearing
22 conducted via a two-way audio-visual communication system,
23 such consultation shall not be recorded and shall be
24 undertaken consistent with constitutional protections.
25 (3.5) A hearing at which pretrial release may be
26 denied must be conducted in person (and not by way of
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1 two-way audio visual communication) unless the accused
2 waives the right to be present physically in court, the
3 court determines that the physical health and safety of
4 any person necessary to the proceedings would be
5 endangered by appearing in court, or the chief judge of
6 the circuit orders use of that system due to operational
7 challenges in conducting the hearing in person. Such
8 operational challenges must be documented and approved by
9 the chief judge of the circuit, and a plan to address the
10 challenges through reasonable efforts must be presented
11 and approved by the Administrative Office of the Illinois
12 Courts every 6 months.
13 (4) If the defense seeks to compel the complaining
14 witness to testify as a witness in its favor, it shall
15 petition the court for permission. When the ends of
16 justice so require, the court may exercise its discretion
17 and compel the appearance of a complaining witness. The
18 court shall state on the record reasons for granting a
19 defense request to compel the presence of a complaining
20 witness only on the issue of the defendant's pretrial
21 detention. In making a determination under this Section,
22 the court shall state on the record the reason for
23 granting a defense request to compel the presence of a
24 complaining witness, and only grant the request if the
25 court finds by clear and convincing evidence that the
26 defendant will be materially prejudiced if the complaining
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1 witness does not appear. Cross-examination of a
2 complaining witness at the pretrial detention hearing for
3 the purpose of impeaching the witness' credibility is
4 insufficient reason to compel the presence of the witness.
5 In deciding whether to compel the appearance of a
6 complaining witness, the court shall be considerate of the
7 emotional and physical well-being of the witness. The
8 pre-trial detention hearing is not to be used for purposes
9 of discovery, and the post arraignment rules of discovery
10 do not apply. The State shall tender to the defendant,
11 prior to the hearing, copies, if any, of the defendant's
12 criminal history, if available, and any written or
13 recorded statements and the substance of any oral
14 statements made by any person, if in the State's
15 Attorney's possession at the time of the hearing.
16 (5) The rules concerning the admissibility of evidence
17 in criminal trials do not apply to the presentation and
18 consideration of information at the hearing. At the trial
19 concerning the offense for which the hearing was conducted
20 neither the finding of the court nor any transcript or
21 other record of the hearing shall be admissible in the
22 State's case-in-chief, but shall be admissible for
23 impeachment, or as provided in Section 115-10.1 of this
24 Code, or in a perjury proceeding.
25 (6) The defendant may not move to suppress evidence or
26 a confession, however, evidence that proof of the charged
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1 crime may have been the result of an unlawful search or
2 seizure, or both, or through improper interrogation, is
3 relevant in assessing the weight of the evidence against
4 the defendant.
5 (7) Decisions regarding release, conditions of
6 release, and detention prior to trial must be
7 individualized, and no single factor or standard may be
8 used exclusively to order detention. Risk assessment tools
9 may not be used as the sole basis to deny pretrial release.
10 (g) Factors to be considered in making a determination of
11 dangerousness. The court may, in determining whether the
12 defendant poses a real and present threat to the safety of any
13 person or persons or the community, based on the specific
14 articulable facts of the case, consider, but shall not be
15 limited to, evidence or testimony concerning:
16 (1) The nature and circumstances of any offense
17 charged, including whether the offense is a crime of
18 violence, involving a weapon, or a sex offense.
19 (2) The history and characteristics of the defendant
20 including:
21 (A) Any evidence of the defendant's prior criminal
22 history indicative of violent, abusive or assaultive
23 behavior, or lack of such behavior. Such evidence may
24 include testimony or documents received in juvenile
25 proceedings, criminal, quasi-criminal, civil
26 commitment, domestic relations, or other proceedings.
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1 (B) Any evidence of the defendant's psychological,
2 psychiatric or other similar social history which
3 tends to indicate a violent, abusive, or assaultive
4 nature, or lack of any such history.
5 (3) The identity of any person or persons to whose
6 safety the defendant is believed to pose a threat, and the
7 nature of the threat.
8 (4) Any statements made by, or attributed to the
9 defendant, together with the circumstances surrounding
10 them.
11 (5) The age and physical condition of the defendant.
12 (6) The age and physical condition of any victim or
13 complaining witness.
14 (7) Whether the defendant is known to possess or have
15 access to any weapon or weapons.
16 (8) Whether, at the time of the current offense or any
17 other offense or arrest, the defendant was on probation,
18 parole, aftercare release, mandatory supervised release or
19 other release from custody pending trial, sentencing,
20 appeal or completion of sentence for an offense under
21 federal or state law.
22 (9) Any other factors, including those listed in
23 Section 110-5 of this Article deemed by the court to have a
24 reasonable bearing upon the defendant's propensity or
25 reputation for violent, abusive, or assaultive behavior,
26 or lack of such behavior.
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1 (h) Detention order. The court shall, in any order for
2 detention:
3 (1) make a written finding summarizing the court's
4 reasons for concluding that the defendant should be denied
5 pretrial release, including why less restrictive
6 conditions would not avoid a real and present threat to
7 the safety of any person or persons or the community,
8 based on the specific articulable facts of the case, or
9 prevent the defendant's willful flight from prosecution;
10 (2) direct that the defendant be committed to the
11 custody of the sheriff for confinement in the county jail
12 pending trial;
13 (3) direct that the defendant be given a reasonable
14 opportunity for private consultation with counsel, and for
15 communication with others of his or her choice by
16 visitation, mail and telephone; and
17 (4) direct that the sheriff deliver the defendant as
18 required for appearances in connection with court
19 proceedings.
20 (i) Detention. If the court enters an order for the
21 detention of the defendant pursuant to subsection (e) of this
22 Section, the defendant shall be brought to trial on the
23 offense for which he is detained within 90 days after the date
24 on which the order for detention was entered. If the defendant
25 is not brought to trial within the 90-day period required by
26 the preceding sentence, he shall not be denied pretrial
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1 release. In computing the 90-day period, the court shall omit
2 any period of delay resulting from a continuance granted at
3 the request of the defendant and any period of delay resulting
4 from a continuance granted at the request of the State with
5 good cause shown pursuant to Section 103-5.
6 (i-5) At each subsequent appearance of the defendant
7 before the court, the judge must find that continued detention
8 is necessary to avoid a real and present threat to the safety
9 of any person or persons or the community, based on the
10 specific articulable facts of the case, or to prevent the
11 defendant's willful flight from prosecution.
12 (j) Rights of the defendant. The defendant shall be
13 entitled to appeal any order entered under this Section
14 denying his or her pretrial release.
15 (k) Appeal. The State may appeal any order entered under
16 this Section denying any motion for denial of pretrial
17 release.
18 (l) Presumption of innocence. Nothing in this Section
19 shall be construed as modifying or limiting in any way the
20 defendant's presumption of innocence in further criminal
21 proceedings.
22 (m) Interest of victims.
23 (1) Crime victims shall be given notice by the State's
24 Attorney's office of this hearing as required in paragraph (1)
25 of subsection (b) of Section 4.5 of the Rights of Crime Victims
26 and Witnesses Act and shall be informed of their opportunity
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1 at this hearing to obtain a protective order.
2 (2) If the defendant is denied pretrial release, the court
3 may impose a no contact provision with the victim or other
4 interested party that shall be enforced while the defendant
5 remains in custody.
6 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
7 (Text of Section after amendment by P.A. 103-822)
8 Sec. 110-6.1. Denial of pretrial release.
9 (a) Upon verified petition by the State, the court shall
10 hold a hearing and may deny a defendant pretrial release only
11 if:
12 (1) the defendant is charged with a felony offense
13 other than a forcible felony for which, based on the
14 charge or the defendant's criminal history, a sentence of
15 imprisonment, without probation, periodic imprisonment or
16 conditional discharge, is required by law upon conviction,
17 and it is alleged that the defendant's pretrial release
18 poses a real and present threat to the safety of any person
19 or persons or the community, based on the specific
20 articulable facts of the case;
21 (1.5) the defendant's pretrial release poses a real
22 and present threat to the safety of any person or persons
23 or the community, based on the specific articulable facts
24 of the case, and the defendant is charged with a forcible
25 felony, which as used in this Section, means treason,
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1 first degree murder, second degree murder, predatory
2 criminal sexual assault of a child, aggravated criminal
3 sexual assault, criminal sexual assault, armed robbery,
4 aggravated robbery, robbery, burglary where there is use
5 of force against another person, residential burglary,
6 home invasion, vehicular invasion, aggravated arson,
7 arson, aggravated kidnaping, kidnaping, aggravated battery
8 resulting in great bodily harm or permanent disability or
9 disfigurement or any other felony which involves the
10 threat of or infliction of great bodily harm or permanent
11 disability or disfigurement;
12 (2) the defendant is charged with stalking or
13 aggravated stalking, and it is alleged that the
14 defendant's pre-trial release poses a real and present
15 threat to the safety of a victim of the alleged offense,
16 and denial of release is necessary to prevent fulfillment
17 of the threat upon which the charge is based;
18 (3) the defendant is charged with a violation of an
19 order of protection issued under Section 112A-14 of this
20 Code or Section 214 of the Illinois Domestic Violence Act
21 of 1986, a stalking no contact order under Section 80 of
22 the Stalking No Contact Order Act, or of a civil no contact
23 order under Section 213 of the Civil No Contact Order Act,
24 and it is alleged that the defendant's pretrial release
25 poses a real and present threat to the safety of any person
26 or persons or the community, based on the specific
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1 articulable facts of the case;
2 (4) the defendant is charged with domestic battery or
3 aggravated domestic battery under Section 12-3.2 or 12-3.3
4 of the Criminal Code of 2012 and it is alleged that the
5 defendant's pretrial release poses a real and present
6 threat to the safety of any person or persons or the
7 community, based on the specific articulable facts of the
8 case;
9 (5) the defendant is charged with any offense under
10 Article 11 of the Criminal Code of 2012, except for
11 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
12 11-40, and 11-45 of the Criminal Code of 2012, or similar
13 provisions of the Criminal Code of 1961 and it is alleged
14 that the defendant's pretrial release poses a real and
15 present threat to the safety of any person or persons or
16 the community, based on the specific articulable facts of
17 the case;
18 (6) the defendant is charged with any of the following
19 offenses under the Criminal Code of 2012, and it is
20 alleged that 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:
24 (A) Section 24-1.2 (aggravated discharge of a
25 firearm);
26 (B) Section 24-2.5 (aggravated discharge of a
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1 machine gun or a firearm equipped with a device
2 designed or use for silencing the report of a
3 firearm);
4 (C) Section 24-1.5 (reckless discharge of a
5 firearm);
6 (D) Section 24-1.7 (unlawful possession of a
7 firearm by a repeat felony offender);
8 (E) Section 24-2.2 (manufacture, sale or transfer
9 of bullets or shells represented to be armor piercing
10 bullets, dragon's breath shotgun shells, bolo shells,
11 or flechette shells);
12 (F) Section 24-3 (unlawful sale or delivery of
13 firearms);
14 (G) Section 24-3.3 (unlawful sale or delivery of
15 firearms on the premises of any school);
16 (H) Section 24-34 (unlawful sale of firearms by
17 liquor license);
18 (I) Section 24-3.5 (unlawful purchase of a
19 firearm);
20 (J) Section 24-3A (gunrunning);
21 (K) Section 24-3B (firearms trafficking);
22 (L) Section 10-9 (b) (involuntary servitude);
23 (M) Section 10-9 (c) (involuntary sexual servitude
24 of a minor);
25 (N) Section 10-9(d) (trafficking in persons);
26 (O) Non-probationable violations: (i) unlawful
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1 possession of weapons by felons or persons in the
2 Custody of the Department of Corrections facilities
3 (Section 24-1.1), (ii) aggravated unlawful possession
4 of a weapon (Section 24-1.6), or (iii) aggravated
5 possession of a stolen firearm (Section 24-3.9);
6 (P) Section 9-3 (reckless homicide and involuntary
7 manslaughter);
8 (Q) Section 19-3 (residential burglary);
9 (R) Section 10-5 (child abduction);
10 (S) Felony violations of Section 12C-5 (child
11 endangerment);
12 (T) Section 12-7.1 (hate crime);
13 (U) Section 10-3.1 (aggravated unlawful
14 restraint);
15 (V) Section 12-9 (threatening a public official);
16 (W) Subdivision (f)(1) of Section 12-3.05
17 (aggravated battery with a deadly weapon other than by
18 discharge of a firearm);
19 (6.5) the defendant is charged with any of the
20 following offenses, and it is alleged that the defendant's
21 pretrial release poses a real and present threat to the
22 safety of any person or persons or the community, based on
23 the specific articulable facts of the case:
24 (A) Felony violations of Sections 3.01, 3.02, or
25 3.03 of the Humane Care for Animals Act (cruel
26 treatment, aggravated cruelty, and animal torture);
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1 (B) Subdivision (d)(1)(B) of Section 11-501 of the
2 Illinois Vehicle Code (aggravated driving under the
3 influence while operating a school bus with
4 passengers);
5 (C) Subdivision (d)(1)(C) of Section 11-501 of the
6 Illinois Vehicle Code (aggravated driving under the
7 influence causing great bodily harm);
8 (D) Subdivision (d)(1)(D) of Section 11-501 of the
9 Illinois Vehicle Code (aggravated driving under the
10 influence after a previous reckless homicide
11 conviction);
12 (E) Subdivision (d)(1)(F) of Section 11-501 of the
13 Illinois Vehicle Code (aggravated driving under the
14 influence leading to death); or
15 (F) Subdivision (d)(1)(J) of Section 11-501 of the
16 Illinois Vehicle Code (aggravated driving under the
17 influence that resulted in bodily harm to a child
18 under the age of 16);
19 (7) the defendant is charged with an attempt to commit
20 any charge listed in paragraphs (1) through (6.5), and it
21 is alleged that the defendant's pretrial release poses a
22 real and present threat to the safety of any person or
23 persons or the community, based on the specific
24 articulable facts of the case; or
25 (8) the person has a high likelihood of willful flight
26 to avoid prosecution and is charged with:
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1 (A) Any felony described in subdivisions (a)(1)
2 through (a)(7) of this Section; or
3 (B) A felony offense other than a Class 4 offense.
4 (b) If the charged offense is a felony, as part of the
5 detention hearing, the court shall determine whether there is
6 probable cause the defendant has committed an offense, unless
7 a hearing pursuant to Section 109-3 of this Code has already
8 been held or a grand jury has returned a true bill of
9 indictment against the defendant. If there is a finding of no
10 probable cause, the defendant shall be released. No such
11 finding is necessary if the defendant is charged with a
12 misdemeanor.
13 (c) Timing of petition.
14 (1) A petition may be filed without prior notice to
15 the defendant at the first appearance before a judge, or
16 within the 21 calendar days, except as provided in Section
17 110-6, after arrest and release of the defendant upon
18 reasonable notice to defendant; provided that while such
19 petition is pending before the court, the defendant if
20 previously released shall not be detained.
21 (2) Upon filing, the court shall immediately hold a
22 hearing on the petition unless a continuance is requested.
23 If a continuance is requested and granted, the hearing
24 shall be held within 72 48 hours of the defendant's first
25 appearance if the defendant is charged with first degree
26 murder or a Class X, Class 1, Class 2, or Class 3 felony,
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1 and within 24 hours if the defendant is charged with a
2 Class 4 or misdemeanor offense. The Court may deny or
3 grant the request for continuance. If the court decides to
4 grant the continuance, the Court retains the discretion to
5 detain or release the defendant in the time between the
6 filing of the petition and the hearing.
7 (d) Contents of petition.
8 (1) The petition shall be verified by the State and
9 shall state the grounds upon which it contends the
10 defendant should be denied pretrial release, including the
11 real and present threat to the safety of any person or
12 persons or the community, based on the specific
13 articulable facts or flight risk, as appropriate.
14 (2) If the State seeks to file a second or subsequent
15 petition under this Section, the State shall be required
16 to present a verified application setting forth in detail
17 any new facts not known or obtainable at the time of the
18 filing of the previous petition.
19 (e) Eligibility: All defendants shall be presumed eligible
20 for pretrial release, and the State shall bear the burden of
21 proving by clear and convincing evidence that:
22 (1) the proof is evident or the presumption great that
23 the defendant has committed an offense listed in
24 subsection (a), and
25 (2) for offenses listed in paragraphs (1) through (7)
26 of subsection (a), the defendant poses a real and present
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1 threat to the safety of any person or persons or the
2 community, based on the specific articulable facts of the
3 case, by conduct which may include, but is not limited to,
4 a forcible felony, the obstruction of justice,
5 intimidation, injury, or abuse as defined by paragraph (1)
6 of Section 103 of the Illinois Domestic Violence Act of
7 1986, and
8 (3) no condition or combination of conditions set
9 forth in subsection (b) of Section 110-10 of this Article
10 can mitigate (i) the real and present threat to the safety
11 of any person or persons or the community, based on the
12 specific articulable facts of the case, for offenses
13 listed in paragraphs (1) through (7) of subsection (a), or
14 (ii) the defendant's willful flight for offenses listed in
15 paragraph (8) of subsection (a), and
16 (4) for offenses under subsection (b) of Section 407
17 of the Illinois Controlled Substances Act that are subject
18 to paragraph (1) of subsection (a), no condition or
19 combination of conditions set forth in subsection (b) of
20 Section 110-10 of this Article can mitigate the real and
21 present threat to the safety of any person or persons or
22 the community, based on the specific articulable facts of
23 the case, and the defendant poses a serious risk to not
24 appear in court as required.
25 (f) Conduct of the hearings.
26 (1) Prior to the hearing, the State shall tender to
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1 the defendant copies of the defendant's criminal history
2 available, any written or recorded statements, and the
3 substance of any oral statements made by any person, if
4 relied upon by the State in its petition, and any police
5 reports in the prosecutor's possession at the time of the
6 hearing.
7 (2) The State or defendant may present evidence at the
8 hearing by way of proffer based upon reliable information.
9 (3) The defendant has the right to be represented by
10 counsel, and if he or she is indigent, to have counsel
11 appointed for him or her. The defendant shall have the
12 opportunity to testify, to present witnesses on his or her
13 own behalf, and to cross-examine any witnesses that are
14 called by the State. Defense counsel shall be given
15 adequate opportunity to confer with the defendant before
16 any hearing at which conditions of release or the
17 detention of the defendant are to be considered, with an
18 accommodation for a physical condition made to facilitate
19 attorney/client consultation. If defense counsel needs to
20 confer or consult with the defendant during any hearing
21 conducted via a two-way audio-visual communication system,
22 such consultation shall not be recorded and shall be
23 undertaken consistent with constitutional protections.
24 (3.5) A hearing at which pretrial release may be
25 denied must be conducted in person (and not by way of
26 two-way audio visual communication) unless the accused
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1 waives the right to be present physically in court, the
2 court determines that the physical health and safety of
3 any person necessary to the proceedings would be
4 endangered by appearing in court, or the chief judge of
5 the circuit orders use of that system due to operational
6 challenges in conducting the hearing in person. Such
7 operational challenges must be documented and approved by
8 the chief judge of the circuit, and a plan to address the
9 challenges through reasonable efforts must be presented
10 and approved by the Administrative Office of the Illinois
11 Courts every 6 months.
12 (4) If the defense seeks to compel the complaining
13 witness to testify as a witness in its favor, it shall
14 petition the court for permission. When the ends of
15 justice so require, the court may exercise its discretion
16 and compel the appearance of a complaining witness. The
17 court shall state on the record reasons for granting a
18 defense request to compel the presence of a complaining
19 witness only on the issue of the defendant's pretrial
20 detention. In making a determination under this Section,
21 the court shall state on the record the reason for
22 granting a defense request to compel the presence of a
23 complaining witness, and only grant the request if the
24 court finds by clear and convincing evidence that the
25 defendant will be materially prejudiced if the complaining
26 witness does not appear. Cross-examination of a
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1 complaining witness at the pretrial detention hearing for
2 the purpose of impeaching the witness' credibility is
3 insufficient reason to compel the presence of the witness.
4 In deciding whether to compel the appearance of a
5 complaining witness, the court shall be considerate of the
6 emotional and physical well-being of the witness. The
7 pre-trial detention hearing is not to be used for purposes
8 of discovery, and the post arraignment rules of discovery
9 do not apply. The State shall tender to the defendant,
10 prior to the hearing, copies, if any, of the defendant's
11 criminal history, if available, and any written or
12 recorded statements and the substance of any oral
13 statements made by any person, if in the State's
14 Attorney's possession at the time of the hearing.
15 (5) The rules concerning the admissibility of evidence
16 in criminal trials do not apply to the presentation and
17 consideration of information at the hearing. At the trial
18 concerning the offense for which the hearing was conducted
19 neither the finding of the court nor any transcript or
20 other record of the hearing shall be admissible in the
21 State's case-in-chief, but shall be admissible for
22 impeachment, or as provided in Section 115-10.1 of this
23 Code, or in a perjury proceeding.
24 (6) The defendant may not move to suppress evidence or
25 a confession, however, evidence that proof of the charged
26 crime may have been the result of an unlawful search or
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1 seizure, or both, or through improper interrogation, is
2 relevant in assessing the weight of the evidence against
3 the defendant.
4 (7) Decisions regarding release, conditions of
5 release, and detention prior to trial must be
6 individualized, and no single factor or standard may be
7 used exclusively to order detention. Risk assessment tools
8 may not be used as the sole basis to deny pretrial release.
9 (g) Factors to be considered in making a determination of
10 dangerousness. The court may, in determining whether the
11 defendant poses a real and present threat to the safety of any
12 person or persons or the community, based on the specific
13 articulable facts of the case, consider, but shall not be
14 limited to, evidence or testimony concerning:
15 (1) The nature and circumstances of any offense
16 charged, including whether the offense is a crime of
17 violence, involving a weapon, or a sex offense.
18 (2) The history and characteristics of the defendant
19 including:
20 (A) Any evidence of the defendant's prior criminal
21 history indicative of violent, abusive or assaultive
22 behavior, or lack of such behavior. Such evidence may
23 include testimony or documents received in juvenile
24 proceedings, criminal, quasi-criminal, civil
25 commitment, domestic relations, or other proceedings.
26 (B) Any evidence of the defendant's psychological,
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1 psychiatric or other similar social history which
2 tends to indicate a violent, abusive, or assaultive
3 nature, or lack of any such history.
4 (3) The identity of any person or persons to whose
5 safety the defendant is believed to pose a threat, and the
6 nature of the threat.
7 (4) Any statements made by, or attributed to the
8 defendant, together with the circumstances surrounding
9 them.
10 (5) The age and physical condition of the defendant.
11 (6) The age and physical condition of any victim or
12 complaining witness.
13 (7) Whether the defendant is known to possess or have
14 access to any weapon or weapons.
15 (8) Whether, at the time of the current offense or any
16 other offense or arrest, the defendant was on probation,
17 parole, aftercare release, mandatory supervised release or
18 other release from custody pending trial, sentencing,
19 appeal or completion of sentence for an offense under
20 federal or state law.
21 (9) Any other factors, including those listed in
22 Section 110-5 of this Article deemed by the court to have a
23 reasonable bearing upon the defendant's propensity or
24 reputation for violent, abusive, or assaultive behavior,
25 or lack of such behavior.
26 (h) Detention order. The court shall, in any order for
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1 detention:
2 (1) make a written finding summarizing the court's
3 reasons for concluding that the defendant should be denied
4 pretrial release, including why less restrictive
5 conditions would not avoid a real and present threat to
6 the safety of any person or persons or the community,
7 based on the specific articulable facts of the case, or
8 prevent the defendant's willful flight from prosecution;
9 (2) direct that the defendant be committed to the
10 custody of the sheriff for confinement in the county jail
11 pending trial;
12 (3) direct that the defendant be given a reasonable
13 opportunity for private consultation with counsel, and for
14 communication with others of his or her choice by
15 visitation, mail and telephone; and
16 (4) direct that the sheriff deliver the defendant as
17 required for appearances in connection with court
18 proceedings.
19 (i) Detention. If the court enters an order for the
20 detention of the defendant pursuant to subsection (e) of this
21 Section, the defendant shall be brought to trial on the
22 offense for which he is detained within 90 days after the date
23 on which the order for detention was entered. If the defendant
24 is not brought to trial within the 90-day period required by
25 the preceding sentence, he shall not be denied pretrial
26 release. In computing the 90-day period, the court shall omit
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1 any period of delay resulting from a continuance granted at
2 the request of the defendant and any period of delay resulting
3 from a continuance granted at the request of the State with
4 good cause shown pursuant to Section 103-5.
5 (i-5) At each subsequent appearance of the defendant
6 before the court, the judge must find that continued detention
7 is necessary to avoid a real and present threat to the safety
8 of any person or persons or the community, based on the
9 specific articulable facts of the case, or to prevent the
10 defendant's willful flight from prosecution.
11 (j) Rights of the defendant. The defendant shall be
12 entitled to appeal any order entered under this Section
13 denying his or her pretrial release.
14 (k) Appeal. The State may appeal any order entered under
15 this Section denying any motion for denial of pretrial
16 release.
17 (l) Presumption of innocence. Nothing in this Section
18 shall be construed as modifying or limiting in any way the
19 defendant's presumption of innocence in further criminal
20 proceedings.
21 (m) Interest of victims.
22 (1) Crime victims shall be given notice by the State's
23 Attorney's office of this hearing as required in paragraph (1)
24 of subsection (b) of Section 4.5 of the Rights of Crime Victims
25 and Witnesses Act and shall be informed of their opportunity
26 at this hearing to obtain a protective order.
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1 (2) If the defendant is denied pretrial release, the court
2 may impose a no contact provision with the victim or other
3 interested party that shall be enforced while the defendant
4 remains in custody.
5 (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25.)
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