(725 ILCS 5/110-6)
(from Ch. 38, par. 110-6)
Modification of bail or conditions.
(a) Upon verified application by
the State or the defendant or on its own motion the court before which the
pending may increase or reduce the amount of bail or may alter the
conditions of the bail bond or grant bail where it has been previously
revoked or denied.
If bail has been previously revoked pursuant to subsection (f) of this
Section or if bail has been denied to the defendant pursuant to subsection
(e) of Section 110-6.1 or subsection (e) of Section 110-6.3, the defendant
be required to present a
verified application setting forth in detail any new facts not known or
obtainable at the time of the previous revocation or denial of bail
proceedings. If the court grants bail where it has been previously revoked
or denied, the court shall state on the record of the proceedings the
findings of facts and conclusion of law upon which such order is based.
(a-5) In addition to any other available motion or procedure under this Code, a person in custody solely for a Category B offense due to an inability to post monetary bail shall be brought before the court at the next available court date or 7 calendar days from the date bail was set, whichever is earlier, for a rehearing on the amount or conditions of bail or release pending further court proceedings. The court may reconsider conditions of release for any other person whose inability to post monetary bail is the sole reason for continued incarceration, including a person in custody for a Category A offense or a Category A offense and a Category B offense. The court may deny the rehearing permitted under this subsection (a-5) if the person has failed to appear as required before the court and is incarcerated based on a warrant for failure to appear on the same original criminal offense.
(b) Violation of the conditions of Section
110-10 of this Code or any special conditions of bail as ordered by the
court shall constitute grounds for the court to increase
the amount of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in Illinois or
a Class 2 or greater offense under the Illinois
Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, revoke bail
pursuant to the appropriate provisions of subsection (e) of this
(c) Reasonable notice of such application by the defendant shall be
given to the State.
(d) Reasonable notice of such application by the State shall be
given to the defendant, except as provided in subsection (e).
(e) Upon verified application by the State stating facts or
circumstances constituting a violation or a threatened
violation of any of the
conditions of the bail bond the court may issue a warrant commanding any
peace officer to bring the defendant without unnecessary delay before
the court for a hearing on the matters set forth in the application. If
the actual court before which the proceeding is pending is absent or
otherwise unavailable another court may issue a warrant pursuant to this
Section. When the defendant is charged with a felony offense and while
free on bail is charged with a subsequent felony offense and is the subject
of a proceeding set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a violation of Section
110-10 (a) (4) of this Code, the court shall without prior notice to the
defendant, grant leave to file such application and shall order the
transfer of the defendant and the application without unnecessary delay to
the court before which the previous felony matter is pending for a hearing
as provided in subsection (b) or this subsection of this Section. The
defendant shall be held
without bond pending transfer to and a hearing before such court. At
the conclusion of the hearing based on a violation of the conditions of
Section 110-10 of this Code or any special conditions of bail as ordered by
the court the court may enter an order
increasing the amount of bail or alter the conditions of bail as deemed
(f) Where the alleged violation consists of the violation of
one or more felony statutes of any jurisdiction which would be a
forcible felony in Illinois or a Class 2 or greater offense under the
Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and the
defendant is on bail for the alleged
commission of a felony, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012), aggravated
domestic battery, aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation
of item (1) of subsection (a) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012
family or household member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against
the same victim the court shall, on the motion of the State
or its own motion, revoke bail
in accordance with the following provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if the defendant is not admitted to bail the hearing shall be commenced within 10 days from the date the defendant is taken into custody or the defendant may not be held any longer without bail, unless delay is occasioned by the defendant. Where defendant occasions the delay, the running of the 10 day period is temporarily suspended and resumes at the termination of the period of delay. Where defendant occasions the delay with 5 or fewer days remaining in the 10 day period, the court may grant a period of up to 5 additional days to the State for good cause shown. The State, however, shall retain the right to proceed to hearing on the alleged violation at any time, upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State
has the burden of going forward and proving the violation by clear and convincing evidence. The evidence shall be presented in open court with the opportunity to testify, to present witnesses in his behalf, and to cross-examine witnesses if any are called by the State, and representation by counsel and if the defendant is indigent to have counsel appointed for him. The rules of evidence applicable in criminal trials in this State shall not govern the admissibility of evidence at such hearing. Information used by the court in its findings or stated in or offered in connection with hearings for increase or revocation of bail may be by way of proffer based upon reliable information offered by the State or defendant. All evidence shall be admissible if it is relevant and reliable regardless of whether it would be admissible under the rules of evidence applicable at criminal trials. A motion by the defendant to suppress evidence or to suppress a confession shall not be entertained at such a hearing. Evidence that proof may have been obtained as a result of an unlawful search and seizure or through improper interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the defendant has committed a forcible felony or a Class 2 or greater offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act while admitted to bail, or where the defendant is on bail for a felony domestic battery (enhanced pursuant to subsection (b) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012), aggravated domestic battery, aggravated battery, unlawful restraint, aggravated unlawful restraint or domestic battery in violation of item (1) of subsection (a) of Section 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012 against a family or household member as defined in Section 112A-3 of this Code and the violation is an offense of domestic battery, against the same victim, the court shall revoke the bail of the defendant and hold the defendant for trial without bail. Neither the finding of the court nor any transcript or other record of the hearing shall be admissible in the State's case in chief, but shall be admissible for impeachment, or as provided in Section 115-10.1 of this Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked pursuant
to paragraph (f) (3) of this Section, the defendant may demand and shall be entitled to be brought to trial on the offense with respect to which he was formerly released on bail within 90 days after the date on which his bail was revoked. If the defendant is not brought to trial within the 90 day period required by the preceding sentence, he shall not be held longer without bail. In computing the 90 day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an unrelated offense and it is subsequently discovered that the defendant is a subject of another warrant or warrants issued pursuant to this Code, the defendant shall be transferred promptly to the court which issued such warrant. If, however, the defendant appears initially before a court other than the court which issued such warrant, the non-issuing court shall not alter the amount of bail set on such warrant unless the court sets forth on the record of proceedings the conclusions of law and facts which are the basis for such altering of another court's bond. The non-issuing court shall not alter another courts bail set on a warrant unless the interests of justice and public safety are served by such action.
(g) The State may appeal any order where the court has increased or reduced
the amount of bail or altered the conditions of the bail bond or granted bail where it has previously been revoked.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19