(725 ILCS 5/110-2)
(from Ch. 38, par. 110-2)
Release on own recognizance.
When from all the circumstances the court is of the opinion that the
defendant will appear as required either before or after
conviction and the
defendant will not pose a danger to any person or the community
and that the
defendant will comply with all conditions of bond, which
shall include the defendant's current address with a written admonishment to
the defendant that he or she must comply with the provisions of Section 110-12
of this Code regarding any change in his or her address, the defendant may be released on his or her own recognizance. The
defendant's address shall at all times remain a matter of public record with
the clerk of the court. A failure to appear as
required by such recognizance shall constitute an offense subject to the
penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of the
bail bond, and any obligated sum fixed in the recognizance shall be
forfeited and collected in accordance with subsection (g) of Section 110-7
of this Code.
This Section shall be liberally construed to effectuate the purpose of
relying upon contempt of court proceedings or criminal sanctions
instead of financial loss to assure the
appearance of the defendant, and that the defendant will not pose a danger to
any person or the community and that the defendant will comply with all
conditions of bond. Monetary bail should be set only when it is
determined that no other conditions of release will reasonably assure the
defendant's appearance in court, that the defendant does not present a
danger to any person or the community and that the defendant will comply
with all conditions of bond.
The State may appeal any order permitting release by personal recognizance.
(Source: P.A. 97-1150, eff. 1-25-13.)