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(725 ILCS 5/110-6)
(from Ch. 38, par. 110-6)
(Text of Section before amendment by P.A. 101-652
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
(Text of Section after amendment by P.A. 101-652
Revocation of pretrial release, modification of conditions of pretrial release, and sanctions for violations of conditions of pretrial release.
(a) When a defendant is granted pretrial release under this section, that pretrial release may be revoked only under the following conditions:
(1) if the defendant is charged with a detainable
felony as defined in 110-6.1, a defendant may be detained after the State files a verified petition for such a hearing, and gives the defendant notice as prescribed in 110-6.1; or
(2) in accordance with subsection (b) of this section.
(b) Revocation due to a new criminal charge: If an individual, while on pretrial release for a Felony or Class A misdemeanor under this Section, is charged with a new felony or Class A misdemeanor under the Criminal Code of 2012, the court may, on its own motion or motion of the state, begin proceedings to revoke the individual's' pretrial release.
(1) When the defendant is charged with a felony or
class A misdemeanor offense and while free on pretrial release bail is charged with a subsequent felony or class A misdemeanor offense that is alleged to have occurred during the defendant's pretrial release, the state may file a verified petition for revocation of pretrial release.
(2) When a defendant on pretrial release is charged
with a violation of an order of protection issued under Section 112A-14 of this Code, or Section 214 of the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, and the subject of the order of protection is the same person as the victim in the underlying matter, the state shall file a verified petition for revocation of pretrial release.
(3) Upon the filing of this petition, the court shall
order the transfer of the defendant and the application to the court before which the previous felony matter is pending. The defendant shall be held without bond pending transfer to and a hearing before such court. The defendant shall be transferred to the court before which the previous matter is pending without unnecessary delay. In no event shall the time between the filing of the state's petition for revocation and the defendant's appearance before the court before which the previous matter is pending exceed 72 hours.
(4) The court before which the previous felony matter
is pending may revoke the defendant's pretrial release only if it finds, after considering all relevant circumstances including, but not limited to, the nature and seriousness of the violation or criminal act alleged, by the court finds clear and convincing evidence that no condition or combination of conditions of release would reasonably assure the appearance of the defendant for later hearings or prevent the defendant from being charged with a subsequent felony or class A misdemeanor.
(5) In lieu of revocation, the court may release the
defendant pre-trial, with or without modification of conditions of pretrial release.
(6) If the case that caused the revocation is
dismissed, the defendant is found not guilty in the case causing the revocation, or the defendant completes a lawfully imposed sentence on the case causing the revocation, the court shall, without unnecessary delay, hold a hearing on conditions of release pursuant to section 110-5 and release the defendant with or without modification of conditions of pretrial release.
(7) Both the state and the defense may appeal an
order revoking pretrial release or denying a petition for revocation of release.
(c) Violations other than re-arrest for a felony or class A misdemeanor. If a defendant:
(1) fails to appear in court as required by their
(2) is charged with a class B or C misdemeanor, petty
offense, traffic offense, or ordinance violation that is alleged to have occurred during the defendant's pretrial release; or
(3) violates any other condition of release set by
the court shall follow the procedures set forth in Section 110-3 to ensure the defendant's appearance in court to address the violation.
(d) When a defendant appears in court for a notice to show cause hearing, or after being arrested on a warrant issued because of a failure to appear at a notice to show cause hearing, or after being arrested for an offense other than a felony or class A misdemeanor, the state may file a verified petition requesting a hearing for sanctions.
(e) During the hearing for sanctions, the defendant shall be represented by counsel and have an opportunity to be heard regarding the violation and evidence in mitigation. The court shall only impose sanctions if it finds by clear and convincing evidence that:
1. The defendant committed an act that violated a
term of their pretrial release;
2. The defendant had actual knowledge that their
action would violate a court order;
3. The violation of the court order was willful; and
4. The violation was not caused by a lack of access
to financial monetary resources.
(f) Sanctions: sanctions for violations of pretrial release may include:
1. A verbal or written admonishment from the court;
2. Imprisonment in the county jail for a period not
3. A fine of not more than $200; or
4. A modification of the defendant's pretrial
(g) Modification of Pretrial Conditions
(a) The court may, at any time, after motion by
either party or on its own motion, remove previously set conditions of pretrial release, subject to the provisions in section (e). The court may only add or increase conditions of pretrial release at a hearing under this Section, in a warrant issued under Section 110-3, or upon motion from the state.
(b) Modification of conditions of release regarding
contact with victims or witnesses. The court shall not remove a previously set condition of bond regulating contact with a victim or witness in the case, unless the subject of the condition has been given notice of the hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act. If the subject of the condition of release is not present, the court shall follow the procedures of paragraph (10) of subsection (c-1) of the Rights of Crime Victims and Witnesses Act.
(h) Notice to Victims: Crime Victims shall be given notice by the State's Attorney's office of all hearings in this section as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at these hearing to obtain an order of protection under Article 112A of this Code.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; 101-652, eff. 1-1-23.)