Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2376 Introduced 2/7/2025, by Sen. Neil Anderson 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, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial. LRB104 09516 RLC 19579 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2376 Introduced 2/7/2025, by Sen. Neil Anderson 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, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial. LRB104 09516 RLC 19579 b LRB104 09516 RLC 19579 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2376 Introduced 2/7/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
3	3	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
4	4	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
5	5	Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.
6	6	LRB104 09516 RLC 19579 b LRB104 09516 RLC 19579 b
7	7	LRB104 09516 RLC 19579 b
8	8	A BILL FOR
9	9	SB2376LRB104 09516 RLC 19579 b SB2376 LRB104 09516 RLC 19579 b
10	10	SB2376 LRB104 09516 RLC 19579 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 110-6.1 as follows:
16	16	6 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
17	17	7 Sec. 110-6.1. Denial of pretrial release.
18	18	8 (a) Except as otherwise provided in subsection (a-1), upon
19	19	9 Upon verified petition by the State, the court shall hold a
20	20	10 hearing and may deny a defendant pretrial release only if:
21	21	11 (1) the defendant is charged with a felony offense
22	22	12 other than a forcible felony for which, based on the
23	23	13 charge or the defendant's criminal history, a sentence of
24	24	14 imprisonment, without probation, periodic imprisonment, or
25	25	15 conditional discharge, is required by law upon conviction,
26	26	16 and it is alleged that the defendant's pretrial release
27	27	17 poses a real and present threat to the safety of any person
28	28	18 or persons or the community, based on the specific
29	29	19 articulable facts of the case;
30	30	20 (1.5) the defendant's pretrial release poses a real
31	31	21 and present threat to the safety of any person or persons
32	32	22 or the community, based on the specific articulable facts
33	33	23 of the case, and the defendant is charged with a forcible
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2376 Introduced 2/7/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
38	38	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
39	39	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
40	40	Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.
41	41	LRB104 09516 RLC 19579 b LRB104 09516 RLC 19579 b
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43	43	A BILL FOR
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49	49	725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
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68	68	1 felony, which as used in this Section, means treason,
69	69	2 first degree murder, second degree murder, predatory
70	70	3 criminal sexual assault of a child, aggravated criminal
71	71	4 sexual assault, criminal sexual assault, armed robbery,
72	72	5 aggravated robbery, robbery, burglary where there is use
73	73	6 of force against another person, residential burglary,
74	74	7 home invasion, vehicular invasion, aggravated arson,
75	75	8 arson, aggravated kidnaping, kidnaping, aggravated battery
76	76	9 resulting in great bodily harm or permanent disability or
77	77	10 disfigurement, or any other felony which involves the
78	78	11 threat of or infliction of great bodily harm or permanent
79	79	12 disability or disfigurement;
80	80	13 (2) the defendant is charged with stalking or
81	81	14 aggravated stalking, and it is alleged that the
82	82	15 defendant's pre-trial release poses a real and present
83	83	16 threat to the safety of a victim of the alleged offense,
84	84	17 and denial of release is necessary to prevent fulfillment
85	85	18 of the threat upon which the charge is based;
86	86	19 (3) the defendant is charged with a violation of an
87	87	20 order of protection issued under Section 112A-14 of this
88	88	21 Code or Section 214 of the Illinois Domestic Violence Act
89	89	22 of 1986, a stalking no contact order under Section 80 of
90	90	23 the Stalking No Contact Order Act, or of a civil no contact
91	91	24 order under Section 213 of the Civil No Contact Order Act,
92	92	25 and it is alleged that the defendant's pretrial release
93	93	26 poses a real and present threat to the safety of any person
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104	104	1 or persons or the community, based on the specific
105	105	2 articulable facts of the case;
106	106	3 (4) the defendant is charged with domestic battery or
107	107	4 aggravated domestic battery under Section 12-3.2 or 12-3.3
108	108	5 of the Criminal Code of 2012 and it is alleged that the
109	109	6 defendant's pretrial release poses a real and present
110	110	7 threat to the safety of any person or persons or the
111	111	8 community, based on the specific articulable facts of the
112	112	9 case;
113	113	10 (5) the defendant is charged with any offense under
114	114	11 Article 11 of the Criminal Code of 2012, except for
115	115	12 Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
116	116	13 11-40, and 11-45 of the Criminal Code of 2012, or similar
117	117	14 provisions of the Criminal Code of 1961 and it is alleged
118	118	15 that the defendant's pretrial release poses a real and
119	119	16 present threat to the safety of any person or persons or
120	120	17 the community, based on the specific articulable facts of
121	121	18 the case;
122	122	19 (6) the defendant is charged with any of the following
123	123	20 offenses under the Criminal Code of 2012, and it is
124	124	21 alleged that the defendant's pretrial release poses a real
125	125	22 and present threat to the safety of any person or persons
126	126	23 or the community, based on the specific articulable facts
127	127	24 of the case:
128	128	25 (A) Section 24-1.2 (aggravated discharge of a
129	129	26 firearm);
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140	140	1 (B) Section 24-1.2-5 24-2.5 (aggravated discharge
141	141	2 of a machine gun or a firearm equipped with a device
142	142	3 designed or used use for silencing the report of a
143	143	4 firearm);
144	144	5 (C) Section 24-1.5 (reckless discharge of a
145	145	6 firearm);
146	146	7 (D) Section 24-1.7 (unlawful possession of a
147	147	8 firearm by a repeat felony offender);
148	148	9 (E) Section 24-2.2 (manufacture, sale, or transfer
149	149	10 of bullets or shells represented to be armor piercing
150	150	11 bullets, dragon's breath shotgun shells, bolo shells,
151	151	12 or flechette shells);
152	152	13 (F) Section 24-3 (unlawful sale or delivery of
153	153	14 firearms);
154	154	15 (G) Section 24-3.3 (unlawful sale or delivery of
155	155	16 firearms on the premises of any school);
156	156	17 (H) Section 24-34 (unlawful sale of firearms by
157	157	18 liquor license);
158	158	19 (I) Section 24-3.5 (unlawful purchase of a
159	159	20 firearm);
160	160	21 (J) Section 24-3A (gunrunning);
161	161	22 (K) Section 24-3B (firearms trafficking);
162	162	23 (L) Section 10-9 (b) (involuntary servitude);
163	163	24 (M) Section 10-9 (c) (involuntary sexual servitude
164	164	25 of a minor);
165	165	26 (N) Section 10-9(d) (trafficking in persons);
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176	176	1 (O) Non-probationable violations: (i) unlawful
177	177	2 possession of weapons by felons or persons in the
178	178	3 Custody of the Department of Corrections facilities
179	179	4 (Section 24-1.1), (ii) aggravated unlawful possession
180	180	5 of a weapon (Section 24-1.6), or (iii) aggravated
181	181	6 possession of a stolen firearm (Section 24-3.9);
182	182	7 (P) Section 9-3 (reckless homicide and involuntary
183	183	8 manslaughter);
184	184	9 (Q) Section 19-3 (residential burglary);
185	185	10 (R) Section 10-5 (child abduction);
186	186	11 (S) Felony violations of Section 12C-5 (child
187	187	12 endangerment);
188	188	13 (T) Section 12-7.1 (hate crime);
189	189	14 (U) Section 10-3.1 (aggravated unlawful
190	190	15 restraint);
191	191	16 (V) Section 12-9 (threatening a public official);
192	192	17 (W) Subdivision (f)(1) of Section 12-3.05
193	193	18 (aggravated battery with a deadly weapon other than by
194	194	19 discharge of a firearm);
195	195	20 (6.5) the defendant is charged with any of the
196	196	21 following offenses, and it is alleged that the defendant's
197	197	22 pretrial release poses a real and present threat to the
198	198	23 safety of any person or persons or the community, based on
199	199	24 the specific articulable facts of the case:
200	200	25 (A) Felony violations of Sections 3.01, 3.02, or
201	201	26 3.03 of the Humane Care for Animals Act (cruel
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212	212	1 treatment, aggravated cruelty, and animal torture);
213	213	2 (B) Subdivision (d)(1)(B) of Section 11-501 of the
214	214	3 Illinois Vehicle Code (aggravated driving under the
215	215	4 influence while operating a school bus with
216	216	5 passengers);
217	217	6 (C) Subdivision (d)(1)(C) of Section 11-501 of the
218	218	7 Illinois Vehicle Code (aggravated driving under the
219	219	8 influence causing great bodily harm);
220	220	9 (D) Subdivision (d)(1)(D) of Section 11-501 of the
221	221	10 Illinois Vehicle Code (aggravated driving under the
222	222	11 influence after a previous reckless homicide
223	223	12 conviction);
224	224	13 (E) Subdivision (d)(1)(F) of Section 11-501 of the
225	225	14 Illinois Vehicle Code (aggravated driving under the
226	226	15 influence leading to death); or
227	227	16 (F) Subdivision (d)(1)(J) of Section 11-501 of the
228	228	17 Illinois Vehicle Code (aggravated driving under the
229	229	18 influence that resulted in bodily harm to a child
230	230	19 under the age of 16);
231	231	20 (7) the defendant is charged with an attempt to commit
232	232	21 any charge listed in paragraphs (1) through (6.5), and it
233	233	22 is alleged that the defendant's pretrial release poses a
234	234	23 real and present threat to the safety of any person or
235	235	24 persons or the community, based on the specific
236	236	25 articulable facts of the case; or
237	237	26 (8) the person has a high likelihood of willful flight
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248	248	1 to avoid prosecution and is charged with:
249	249	2 (A) Any felony described in subdivisions (a)(1)
250	250	3 through (a)(7) of this Section; or
251	251	4 (B) A felony offense other than a Class 4 offense.
252	252	5 (a-1) Notwithstanding any other provision of this Section
253	253	6 to the contrary, a non-citizen of the United States who
254	254	7 entered the United States without a legal visa issued by the
255	255	8 United States Department of State and who has been charged in
256	256	9 this State with an offense for which pretrial detention may be
257	257	10 ordered by the court and, at the time of the commission of the
258	258	11 offense, did not have a legal visa is not eligible for pretrial
259	259	12 release and must be held in pretrial detention pending trial.
260	260	13 (b) If the charged offense is a felony, as part of the
261	261	14 detention hearing, the court shall determine whether there is
262	262	15 probable cause the defendant has committed an offense, unless
263	263	16 a hearing pursuant to Section 109-3 of this Code has already
264	264	17 been held or a grand jury has returned a true bill of
265	265	18 indictment against the defendant. If there is a finding of no
266	266	19 probable cause, the defendant shall be released. No such
267	267	20 finding is necessary if the defendant is charged with a
268	268	21 misdemeanor.
269	269	22 (c) Timing of petition.
270	270	23 (1) A petition may be filed without prior notice to
271	271	24 the defendant at the first appearance before a judge, or
272	272	25 within the 21 calendar days, except as provided in Section
273	273	26 110-6, after arrest and release of the defendant upon
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284	284	1 reasonable notice to defendant; provided that while such
285	285	2 petition is pending before the court, the defendant if
286	286	3 previously released shall not be detained.
287	287	4 (2) Upon filing, the court shall immediately hold a
288	288	5 hearing on the petition unless a continuance is requested.
289	289	6 If a continuance is requested and granted, the hearing
290	290	7 shall be held within 48 hours of the defendant's first
291	291	8 appearance if the defendant is charged with first degree
292	292	9 murder or a Class X, Class 1, Class 2, or Class 3 felony,
293	293	10 and within 24 hours if the defendant is charged with a
294	294	11 Class 4 or misdemeanor offense. The Court may deny or
295	295	12 grant the request for continuance. If the court decides to
296	296	13 grant the continuance, the Court retains the discretion to
297	297	14 detain or release the defendant in the time between the
298	298	15 filing of the petition and the hearing.
299	299	16 (d) Contents of petition.
300	300	17 (1) The petition shall be verified by the State and
301	301	18 shall state the grounds upon which it contends the
302	302	19 defendant should be denied pretrial release, including the
303	303	20 real and present threat to the safety of any person or
304	304	21 persons or the community, based on the specific
305	305	22 articulable facts or flight risk, as appropriate.
306	306	23 (2) If the State seeks to file a second or subsequent
307	307	24 petition under this Section, the State shall be required
308	308	25 to present a verified application setting forth in detail
309	309	26 any new facts not known or obtainable at the time of the
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320	320	1 filing of the previous petition.
321	321	2 (e) Eligibility: All defendants shall be presumed eligible
322	322	3 for pretrial release, and the State shall bear the burden of
323	323	4 proving by clear and convincing evidence that:
324	324	5 (1) the proof is evident or the presumption great that
325	325	6 the defendant has committed an offense listed in
326	326	7 subsection (a), and
327	327	8 (2) for offenses listed in paragraphs (1) through (7)
328	328	9 of subsection (a), the defendant poses a real and present
329	329	10 threat to the safety of any person or persons or the
330	330	11 community, based on the specific articulable facts of the
331	331	12 case, by conduct which may include, but is not limited to,
332	332	13 a forcible felony, the obstruction of justice,
333	333	14 intimidation, injury, or abuse as defined by paragraph (1)
334	334	15 of Section 103 of the Illinois Domestic Violence Act of
335	335	16 1986, and
336	336	17 (3) no condition or combination of conditions set
337	337	18 forth in subsection (b) of Section 110-10 of this Article
338	338	19 can mitigate (i) the real and present threat to the safety
339	339	20 of any person or persons or the community, based on the
340	340	21 specific articulable facts of the case, for offenses
341	341	22 listed in paragraphs (1) through (7) of subsection (a), or
342	342	23 (ii) the defendant's willful flight for offenses listed in
343	343	24 paragraph (8) of subsection (a), and
344	344	25 (4) for offenses under subsection (b) of Section 407
345	345	26 of the Illinois Controlled Substances Act that are subject
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356	356	1 to paragraph (1) of subsection (a), no condition or
357	357	2 combination of conditions set forth in subsection (b) of
358	358	3 Section 110-10 of this Article can mitigate the real and
359	359	4 present threat to the safety of any person or persons or
360	360	5 the community, based on the specific articulable facts of
361	361	6 the case, and the defendant poses a serious risk to not
362	362	7 appear in court as required.
363	363	8 (f) Conduct of the hearings.
364	364	9 (1) Prior to the hearing, the State shall tender to
365	365	10 the defendant copies of the defendant's criminal history
366	366	11 available, any written or recorded statements, and the
367	367	12 substance of any oral statements made by any person, if
368	368	13 relied upon by the State in its petition, and any police
369	369	14 reports in the prosecutor's possession at the time of the
370	370	15 hearing.
371	371	16 (2) The State or defendant may present evidence at the
372	372	17 hearing by way of proffer based upon reliable information.
373	373	18 (3) The defendant has the right to be represented by
374	374	19 counsel, and if he or she is indigent, to have counsel
375	375	20 appointed for him or her. The defendant shall have the
376	376	21 opportunity to testify, to present witnesses on his or her
377	377	22 own behalf, and to cross-examine any witnesses that are
378	378	23 called by the State. Defense counsel shall be given
379	379	24 adequate opportunity to confer with the defendant before
380	380	25 any hearing at which conditions of release or the
381	381	26 detention of the defendant are to be considered, with an
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392	392	1 accommodation for a physical condition made to facilitate
393	393	2 attorney/client consultation. If defense counsel needs to
394	394	3 confer or consult with the defendant during any hearing
395	395	4 conducted via a 2-way two-way audio-visual communication
396	396	5 system, such consultation shall not be recorded and shall
397	397	6 be undertaken consistent with constitutional protections.
398	398	7 (3.5) A hearing at which pretrial release may be
399	399	8 denied must be conducted in person (and not by way of 2-way
400	400	9 two-way audio visual communication) unless the accused
401	401	10 waives the right to be present physically in court, the
402	402	11 court determines that the physical health and safety of
403	403	12 any person necessary to the proceedings would be
404	404	13 endangered by appearing in court, or the chief judge of
405	405	14 the circuit orders use of that system due to operational
406	406	15 challenges in conducting the hearing in person. Such
407	407	16 operational challenges must be documented and approved by
408	408	17 the chief judge of the circuit, and a plan to address the
409	409	18 challenges through reasonable efforts must be presented
410	410	19 and approved by the Administrative Office of the Illinois
411	411	20 Courts every 6 months.
412	412	21 (4) If the defense seeks to compel the complaining
413	413	22 witness to testify as a witness in its favor, it shall
414	414	23 petition the court for permission. When the ends of
415	415	24 justice so require, the court may exercise its discretion
416	416	25 and compel the appearance of a complaining witness. The
417	417	26 court shall state on the record reasons for granting a
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428	428	1 defense request to compel the presence of a complaining
429	429	2 witness only on the issue of the defendant's pretrial
430	430	3 detention. In making a determination under this Section,
431	431	4 the court shall state on the record the reason for
432	432	5 granting a defense request to compel the presence of a
433	433	6 complaining witness, and only grant the request if the
434	434	7 court finds by clear and convincing evidence that the
435	435	8 defendant will be materially prejudiced if the complaining
436	436	9 witness does not appear. Cross-examination of a
437	437	10 complaining witness at the pretrial detention hearing for
438	438	11 the purpose of impeaching the witness' credibility is
439	439	12 insufficient reason to compel the presence of the witness.
440	440	13 In deciding whether to compel the appearance of a
441	441	14 complaining witness, the court shall be considerate of the
442	442	15 emotional and physical well-being of the witness. The
443	443	16 pre-trial detention hearing is not to be used for purposes
444	444	17 of discovery, and the post arraignment rules of discovery
445	445	18 do not apply. The State shall tender to the defendant,
446	446	19 prior to the hearing, copies, if any, of the defendant's
447	447	20 criminal history, if available, and any written or
448	448	21 recorded statements and the substance of any oral
449	449	22 statements made by any person, if in the State's
450	450	23 Attorney's possession at the time of the hearing.
451	451	24 (5) The rules concerning the admissibility of evidence
452	452	25 in criminal trials do not apply to the presentation and
453	453	26 consideration of information at the hearing. At the trial
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464	464	1 concerning the offense for which the hearing was conducted
465	465	2 neither the finding of the court nor any transcript or
466	466	3 other record of the hearing shall be admissible in the
467	467	4 State's case-in-chief, but shall be admissible for
468	468	5 impeachment, or as provided in Section 115-10.1 of this
469	469	6 Code, or in a perjury proceeding.
470	470	7 (6) The defendant may not move to suppress evidence or
471	471	8 a confession, however, evidence that proof of the charged
472	472	9 crime may have been the result of an unlawful search or
473	473	10 seizure, or both, or through improper interrogation, is
474	474	11 relevant in assessing the weight of the evidence against
475	475	12 the defendant.
476	476	13 (7) Decisions regarding release, conditions of
477	477	14 release, and detention prior to trial must be
478	478	15 individualized, and no single factor or standard may be
479	479	16 used exclusively to order detention. Risk assessment tools
480	480	17 may not be used as the sole basis to deny pretrial release.
481	481	18 (g) Factors to be considered in making a determination of
482	482	19 dangerousness. The court may, in determining whether the
483	483	20 defendant poses a real and present threat to the safety of any
484	484	21 person or persons or the community, based on the specific
485	485	22 articulable facts of the case, consider, but shall not be
486	486	23 limited to, evidence or testimony concerning:
487	487	24 (1) The nature and circumstances of any offense
488	488	25 charged, including whether the offense is a crime of
489	489	26 violence, involving a weapon, or a sex offense.
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500	500	1 (2) The history and characteristics of the defendant
501	501	2 including:
502	502	3 (A) Any evidence of the defendant's prior criminal
503	503	4 history indicative of violent, abusive, or assaultive
504	504	5 behavior, or lack of such behavior. Such evidence may
505	505	6 include testimony or documents received in juvenile
506	506	7 proceedings, criminal, quasi-criminal, civil
507	507	8 commitment, domestic relations, or other proceedings.
508	508	9 (B) Any evidence of the defendant's psychological,
509	509	10 psychiatric or other similar social history which
510	510	11 tends to indicate a violent, abusive, or assaultive
511	511	12 nature, or lack of any such history.
512	512	13 (3) The identity of any person or persons to whose
513	513	14 safety the defendant is believed to pose a threat, and the
514	514	15 nature of the threat.
515	515	16 (4) Any statements made by, or attributed to the
516	516	17 defendant, together with the circumstances surrounding
517	517	18 them.
518	518	19 (5) The age and physical condition of the defendant.
519	519	20 (6) The age and physical condition of any victim or
520	520	21 complaining witness.
521	521	22 (7) Whether the defendant is known to possess or have
522	522	23 access to any weapon or weapons.
523	523	24 (8) Whether, at the time of the current offense or any
524	524	25 other offense or arrest, the defendant was on probation,
525	525	26 parole, aftercare release, mandatory supervised release,
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536	536	1 or other release from custody pending trial, sentencing,
537	537	2 appeal, or completion of sentence for an offense under
538	538	3 federal or State state law.
539	539	4 (9) Any other factors, including those listed in
540	540	5 Section 110-5 of this Article deemed by the court to have a
541	541	6 reasonable bearing upon the defendant's propensity or
542	542	7 reputation for violent, abusive, or assaultive behavior,
543	543	8 or lack of such behavior.
544	544	9 (h) Detention order. The court shall, in any order for
545	545	10 detention:
546	546	11 (1) make a written finding summarizing the court's
547	547	12 reasons for concluding that the defendant should be denied
548	548	13 pretrial release, including why less restrictive
549	549	14 conditions would not avoid a real and present threat to
550	550	15 the safety of any person or persons or the community,
551	551	16 based on the specific articulable facts of the case, or
552	552	17 prevent the defendant's willful flight from prosecution;
553	553	18 (2) direct that the defendant be committed to the
554	554	19 custody of the sheriff for confinement in the county jail
555	555	20 pending trial;
556	556	21 (3) direct that the defendant be given a reasonable
557	557	22 opportunity for private consultation with counsel, and for
558	558	23 communication with others of his or her choice by
559	559	24 visitation, mail and telephone; and
560	560	25 (4) direct that the sheriff deliver the defendant as
561	561	26 required for appearances in connection with court
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572	572	1 proceedings.
573	573	2 (i) Detention. If the court enters an order for the
574	574	3 detention of the defendant pursuant to subsection (e) of this
575	575	4 Section, the defendant shall be brought to trial on the
576	576	5 offense for which he is detained within 90 days after the date
577	577	6 on which the order for detention was entered. If the defendant
578	578	7 is not brought to trial within the 90-day period required by
579	579	8 the preceding sentence, he shall not be denied pretrial
580	580	9 release. In computing the 90-day period, the court shall omit
581	581	10 any period of delay resulting from a continuance granted at
582	582	11 the request of the defendant and any period of delay resulting
583	583	12 from a continuance granted at the request of the State with
584	584	13 good cause shown pursuant to Section 103-5.
585	585	14 (i-5) At each subsequent appearance of the defendant
586	586	15 before the court, the judge must find that continued detention
587	587	16 is necessary to avoid a real and present threat to the safety
588	588	17 of any person or persons or the community, based on the
589	589	18 specific articulable facts of the case, or to prevent the
590	590	19 defendant's willful flight from prosecution.
591	591	20 (j) Rights of the defendant. The defendant shall be
592	592	21 entitled to appeal any order entered under this Section
593	593	22 denying his or her pretrial release.
594	594	23 (k) Appeal. The State may appeal any order entered under
595	595	24 this Section denying any motion for denial of pretrial
596	596	25 release.
597	597	26 (l) Presumption of innocence. Nothing in this Section
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