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Illinois Compiled Statutes
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CRIMINAL PROCEDURE (725 ILCS 5/) Code of Criminal Procedure of 1963. 725 ILCS 5/108B-9
(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
Sec. 108B-9.
Recordings, records and custody.
(a) Any private
communication intercepted in accordance with this Article shall, if
practicable, be recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect it from
editing or other alteration. During an interception, the interception
shall be carried out by an electronic criminal surveillance officer, and,
if practicable, such officer shall keep a signed, written record, including:
(1) the date and hours of surveillance;
(2) the time and duration of each intercepted | |
(3) the parties, if known, to each intercepted
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(4) a summary of the contents of each intercepted
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(b) Immediately upon the expiration of the order or its extensions, the
tapes and other recordings shall be transferred to the chief judge issuing the
order and sealed under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge directs. They
shall not be destroyed except upon an order of a court of competent
jurisdiction and in any event shall be kept for 10 years. Duplicate tapes
or other recordings may be made for disclosure or use under paragraph (a)
of Section 108B-2a of this Article. The presence of the seal provided by
this Section, or a satisfactory explanation for its absence, shall be a
prerequisite for the disclosure of the contents of any private
communication, or evidence derived from it, under
paragraph (b) of Section 108B-2a of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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725 ILCS 5/108B-10
(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
Sec. 108B-10.
Applications, orders, and custody.
(a) Applications made
and orders granted under this Article for the interception of private
communications shall be sealed by the chief judge issuing or denying them and
held in custody as the judge shall direct. The applications and orders
shall be kept for a period of 10 years. Destruction of the applications
and orders prior to the expiration of that period of time may be made only
upon the order of
a court of competent jurisdiction. Disclosure of the applications and orders
may be ordered by a court of competent jurisdiction on a showing of good
cause.
(b) The electronic criminal surveillance officer shall retain a copy of
applications
and orders for the interception of private
communications. The applications
and orders shall be kept for a period of 10 years. Destruction of the
applications
and orders prior to the expiration of that period of time may be made only
upon an order of a
court of competent jurisdiction. Disclosure and use of the applications
and orders may be made by an electronic criminal surveillance officer only
in the proper performance of his official duties.
(c) In addition to any other remedies or penalties provided by law,
any violation of this Section shall be punishable as contempt of court.
(Source: P.A. 92-854, eff. 12-5-02.)
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725 ILCS 5/108B-11
(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
Sec. 108B-11. Inventory.
(a) Within a reasonable period of time but
not later than 90 days after the termination of the period of the order,
or its extensions, or the date of the denial of an application made under
Section 108B-8, the chief judge issuing or denying the order or extension shall
cause an inventory to be served on any person:
(1) named in the order;
(2) arrested as a result of the interception of his | |
(3) indicted or otherwise charged as a result of the
| | interception of his private communication;
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(4) whose private communication was intercepted and
| | who the judge issuing or denying the order or application may in his discretion determine should be informed in the interest of justice.
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(b) The inventory under this Section shall include:
(1) notice of the entry of the order or the
| | application for an order denied under Section 108B-8;
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(2) the date of the entry of the order or the denial
| | of an order applied for under Section 108B-8;
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(3) the period of authorized or disapproved
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(4) the fact that during the period a private
| | communication was or was not intercepted.
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(c) A court of competent jurisdiction, upon filing of a motion, may
in its discretion make available to those persons or their attorneys for
inspection those portions of the intercepted communications, applications
and orders as the court determines to be in the interest of justice.
(d) On an ex parte showing of good cause to a court of competent
jurisdiction, the serving of the inventories required by this Section
may be postponed for a period not to exceed 12 months.
(Source: P.A. 95-331, eff. 8-21-07.)
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725 ILCS 5/108B-12
(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
Sec. 108B-12.
Approval, notice, suppression.
(a) If an electronic
criminal surveillance officer, while intercepting a private
communication
in accordance with the provision of this Article, intercepts a private
communication that relates to an offense other than an
offense enumerated
in Section 108B-3 of the Act, or relates to an offense enumerated in Section
108B-3 but not specified in the order of authorization,
the State's Attorney,
or a person designated in writing or by law to act for him, may, in order
to permit the disclosure or use of the information under Section 108B-2a of
this Act, make a motion for an order
approving the interception. The chief judge of a court of competent
jurisdiction
shall enter an order approving the interception if he finds that at the
time of the application, there existed probable cause to believe that a
person whose private communication was
intercepted
was committing or
had committed an offense and the content of the communication relates to
that offense, and that the communication
was otherwise intercepted in accordance with the provisions of this Article.
(b) An intercepted private communication, or
evidence derived from
it, may not be received in evidence or otherwise disclosed in an official
proceeding unless each aggrieved person who is a party in the official
proceeding,
including any proceeding before a legislative, judicial, administrative
or other governmental agency or official authorized to hear evidence under
oath or other person taking testimony or depositions in any such proceeding,
other than a grand jury, has, not less than 10 days
before the official proceeding, been furnished with a copy of the court
order, and the accompanying application, under which the interception was
authorized or approved. The 10 day period may be waived by the presiding
official if he finds that it was not practicable to furnish the person with
the information 10 days before the proceeding, and that the person will
not be or has not been prejudiced by delay in receiving the information.
(c) An aggrieved person in an official proceeding may make a motion under
this Section to suppress the contents of an intercepted private
communication,
or evidence derived from it, on the grounds that:
(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under | | which it was intercepted is insufficient on its face; or
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(3) the interception was not made in conformity with
| | the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.
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(d) If a motion under this Section duly alleges that the evidence sought
to be suppressed in an official proceeding, including a grand jury, has
been derived from an unlawfully intercepted private
communication,
and if the aggrieved person who is a party has not been served with notice
of the interception
under this Section, the opponent of the allegation shall, after conducting
a thorough search of its files, affirm or deny the occurrence of the alleged
unlawful interception, but no motion shall be considered if the alleged
unlawful interception took place more than 5 years before the event to
which the evidence relates.
(e) Where a motion is duly made under this Section prior to the appearance
of a witness before a grand jury, the opponent of the motion may make such
applications and orders as it has available to the chief judge of a court of
competent
jurisdiction in camera, and if the judge determines that there is no defect
in them sufficient on its face to render them invalid, the judge shall inform
the witness that he has not been the subject of an unlawful interception.
If the judge determines that there is a defect in them sufficient on its
face to render them invalid, he shall enter an order prohibiting any question
being put to the witness based on the unlawful interception.
(f) Motions under this Section shall be made prior to the official
proceeding
unless there was no opportunity to make the motion or unless the aggrieved
person who is a party was not aware of the grounds for the motion. Motions
by co-indictees
shall, on motion of the People, be heard in a single consolidated hearing.
(g) A chief judge of a court of competent jurisdiction, upon the filing of a
motion by an aggrieved person who is a party under this Section, except before
a grand
jury, may make available for inspection by the aggrieved person or his attorney
such portions of the intercepted private communications, applications and
orders
or the evidence derived from them as the judge determines to be in the interest
of justice.
(h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in
evidence in an official proceeding, including a grand jury.
(i) In addition to any other right of appeal, the People shall have the
right to appeal from an order granting a motion to suppress if the official
to whom the order authorizing the interception was granted certifies to
the court that the appeal is not taken for purposes of delay. The appeal
shall otherwise be taken in accordance with the law.
(Source: P.A. 92-854, eff. 12-5-02.)
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725 ILCS 5/108B-13
(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
Sec. 108B-13. Reports concerning use of eavesdropping devices.
(a) Within 30 days after the expiration of an order and each extension
thereof
authorizing an interception, or within 30 days after the denial of an
application or disapproval of an application subsequent to any alleged
emergency situation, the State's Attorney shall report to the Illinois
State Police the following:
(1) the fact that such an order, extension, or | | subsequent approval of an emergency was applied for;
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(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
| | was granted as applied for was modified, or was denied;
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(4) the period authorized by the order or extensions
| | in which an eavesdropping device could be used;
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(5) the offense enumerated in Section 108B-3 which is
| | specified in the order or extension or in the denied application;
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(6) the identity of the applying electronic criminal
| | surveillance officer and agency making the application and the State's Attorney authorizing the application; and
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(7) the nature of the facilities from which or the
| | place where the eavesdropping device was to be used.
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(b) In January of each year the State's Attorney of each county in which
an interception occurred pursuant to the provisions of this Article shall
report to the Illinois State Police the following:
(1) a general description of the uses of
| | eavesdropping devices actually made under such order to overhear or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
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(2) the number of arrests resulting from authorized
| | uses of eavesdropping devices and the offenses for which arrests were made;
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(3) the number of trials resulting from such uses of
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(4) the number of motions to suppress made with
| | respect to such uses, and the number granted or denied; and
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(5) the number of convictions resulting from such
| | uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
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On or before March 1 of each year, the Director of the Illinois
State Police shall submit to the Governor a report of all intercepts as
defined herein conducted pursuant to this Article and terminated during the
preceding calendar year. Such report shall include:
(1) the reports of State's Attorneys forwarded to the
| | Director as required in this Section;
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(2) the number of Illinois State Police personnel
| | authorized to possess, install, or operate electronic, mechanical, or other devices;
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(3) the number of Illinois State Police and other law
| | enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
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(4) the number of electronic criminal surveillance
| | officers trained by the Illinois State Police;
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(5) the total cost to the Illinois State Police of
| | all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Illinois State Police; and
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(6) a summary of the use of eavesdropping devices
| | pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State.
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(d) In April of each year, the Director of the Illinois State
Police and the Governor shall each transmit to the General
Assembly reports including information on the number of applications for
orders authorizing the use of eavesdropping devices, the number of orders
and extensions granted or denied during the preceding calendar year, the
convictions arising out of such uses, and a summary of the information
required by subsections (a) and (b) of this Section.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing
such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/108B-14
(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
Sec. 108B-14. Training.
(a) The Director of the Illinois State Police shall:
(1) Establish a course of training in the legal, | | practical, and technical aspects of the interception of private communications and related investigation and prosecution techniques;
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(2) Issue regulations as he finds necessary for the
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(3) In cooperation with the Illinois Law Enforcement
| | Training Standards Board, set minimum standards for certification and periodic recertification of electronic criminal surveillance officers as eligible to apply for orders authorizing the interception of private communications, to conduct the interceptions, and to use the private communications or evidence derived from them in official proceedings; and
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(4) In cooperation with the Illinois Law Enforcement
| | Training Standards Board, revoke or suspend the certification of any electronic criminal surveillance officer who has violated any law relating to electronic criminal surveillance, or any of the guidelines established by the Illinois State Police for conducting electronic criminal surveillance.
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(b) The Executive Director of the Illinois Law Enforcement Training
Standards Board shall:
(1) Pursuant to the Illinois Police Training Act,
| | review the course of training prescribed by the Illinois State Police for the purpose of certification relating to reimbursement of expenses incurred by local law enforcement agencies participating in the electronic criminal surveillance officer training process, and
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(2) Assist the Illinois State Police in establishing
| | minimum standards for certification and periodic recertification of electronic criminal surveillance officers as being eligible to apply for orders authorizing the interception of private communications, to conduct the interpretations, and to use the communications or evidence derived from them in official proceedings.
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(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/Tit. III
(725 ILCS 5/Tit. III heading)
TITLE III.
PROCEEDINGS AFTER ARREST
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725 ILCS 5/Art. 109
(725 ILCS 5/Art. 109 heading)
ARTICLE 109.
PRELIMINARY EXAMINATION
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725 ILCS 5/109-1
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
(Text of Section before amendment by P.A. 101-652 )
Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant shall be taken without
unnecessary delay before the nearest and most accessible judge
in that county, except when such county is a participant in a
regional jail authority, in which event such person may be taken to the
nearest and most accessible judge, irrespective of the county where such
judge presides,
and a charge shall be filed.
Whenever a person arrested either with or without a warrant is required
to be taken
before a judge, a charge
may be filed against such person by way of a two-way closed circuit
television system, except that a hearing to deny bail to the defendant may
not be conducted by way of closed circuit television.
(a-5) A person charged with an offense shall be allowed counsel at the hearing at which bail is determined under Article 110 of this Code. If the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing. (b) The judge shall:
(1) Inform the defendant of the charge against him | | and shall provide him with a copy of the charge;
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(2) Advise the defendant of his right to counsel and
| | if indigent shall appoint a public defender or licensed attorney at law of this State to represent him in accordance with the provisions of Section 113-3 of this Code;
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(3) Schedule a preliminary hearing in appropriate
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(4) Admit the defendant to bail in accordance with
| | the provisions of Article 110 of this Code; and
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(5) Order the confiscation of the person's passport
| | or impose travel restrictions on a defendant arrested for first degree murder or other violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, if the judge determines, based on the factors in Section 110-5 of this Code, that this will reasonably ensure the appearance of the defendant and compliance by the defendant with all conditions of release.
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the provisions of Article 112A of this Code.
(d) At the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. The court must make a written record of so advising the defendant.
(e) If consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of Section 103-5 of this Code and on the day of the expiration of delay the period shall continue at the point at which it was suspended.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, eff. 1-1-18 .)
(Text of Section after amendment by P.A. 101-652 )
Sec. 109-1. Person arrested; release from law enforcement custody and court appearance; geographical constraints prevent in-person appearances.
(a) A person arrested with or without a warrant for an offense for which pretrial release may be denied under paragraphs (1) through (6) of Section 110-6.1 shall be taken without
unnecessary delay before the nearest and most accessible judge
in that county, except when such county is a participant in a
regional jail authority, in which event such person may be taken to the
nearest and most accessible judge, irrespective of the county where such
judge presides,
and a charge shall be filed.
Whenever a person arrested either with or without a warrant is required
to be taken
before a judge, a charge
may be filed against such person by way of a two-way closed circuit
television system, except that a hearing to deny pretrial release to the defendant may
not be conducted by way of closed circuit television.
(a-1) Law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of traffic and Class B and C criminal misdemeanor offenses, or of petty and business offenses, who pose no obvious threat to the community or any person, or who have no obvious medical or mental health issues that pose a risk to their own safety. Those released on citation shall be scheduled into court within 21 days.
(a-3) A person arrested with or without a warrant for an offense for which pretrial release may not be denied may, except as otherwise provided in this Code, be released by the officer without appearing before a judge. The releasing officer shall issue the person a summons to appear within 21 days. A presumption in favor of pretrial release shall by applied by an arresting officer in the exercise of his or her discretion under this Section.
(a-5) A person charged with an offense shall be allowed counsel at the hearing at which pretrial release is determined under Article 110 of this Code. If the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing.
(b) Upon initial appearance of a person before the court, the judge shall:
(1) inform the defendant of the charge against him
| | and shall provide him with a copy of the charge;
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(2) advise the defendant of his right to counsel and
| | if indigent shall appoint a public defender or licensed attorney at law of this State to represent him in accordance with the provisions of Section 113-3 of this Code;
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(3) schedule a preliminary hearing in appropriate
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(4) admit the defendant to pretrial release in
| | accordance with the provisions of Article 110/5 of this Code, or upon verified petition of the State, proceed with the setting of a detention hearing as provided in Section 110-6.1; and
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(5) Order the confiscation of the person's passport
| | or impose travel restrictions on a defendant arrested for first degree murder or other violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, if the judge determines, based on the factors in Section 110-5 of this Code, that this will reasonably ensure the appearance of the defendant and compliance by the defendant with all conditions of release.
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the provisions of Article 112A of this Code. Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (2) of subsection (b) of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under Article 112A of this Code.
(d) At the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. The court must make a written record of so advising the defendant.
(e) If consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of Section 103-5 of this Code and on the day of the expiration of delay the period shall continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release are determined, the person charged shall be present in person rather than by video phone or any other form of electronic communication, unless the physical health and safety of the person would be endangered by appearing in court or the accused waives the right to be present in person.
(g) Defense counsel shall be given adequate opportunity to confer with Defendant prior to any hearing in which conditions of release or the detention of the Defendant is to be considered, with a physical accommodation made to facilitate attorney/client consultation.
(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)
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725 ILCS 5/109-1.1
(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
Sec. 109-1.1.
Whenever a person arrested either with or without a
warrant is taken before a judge as provided for in Sections 107-9(d)(6)
and 109-1(a), the judge shall ask the arrestee whether he or she has any
children under 18 years old living with him or her
who may be neglected as a result of the arrest, incarceration or otherwise.
If the judge has reasonable cause to believe that a child may be a neglected
child as defined in the Abused and Neglected Child Reporting Act, he
shall instruct a probation officer to report it immediately to the Department
of Children and Family Services as provided in that Act.
(Source: P.A. 99-78, eff. 7-20-15.)
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725 ILCS 5/109-2
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
(Text of Section before amendment by P.A. 101-652 )
Sec. 109-2.
Person arrested in another county.
(a) Any person arrested in a county other than the one in which a warrant
for his arrest was issued shall be taken without unnecessary delay before
the nearest and most accessible judge in the county where the arrest was
made or, if no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was issued. He
shall be admitted to bail in the amount specified in the warrant or, for
offenses other than felonies, in an amount as set by the judge, and such
bail shall be conditioned on his appearing in the court issuing the warrant
on a certain date. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any person
arrested in a county other than the one in which a warrant for his arrest
was issued, may waive the right to be taken before a judge in the county
where the arrest was made. If a person so arrested waives such right, the
arresting agency shall surrender such person to a law enforcement agency of
the county that issued the warrant without unnecessary delay. The
provisions of Section 109-1 shall then apply to the person so arrested.
(Source: P.A. 86-298.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 109-2. Person arrested in another county. (a) Any person arrested in a county other than the one in which a warrant
for his arrest was issued shall be taken without unnecessary delay before
the nearest and most accessible judge in the county where the arrest was
made or, if no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was issued. Upon arrival in the county in which the warrant was issued, the status of the arrested person's release status shall be determined by the release revocation process described in Section 110-6. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any person
arrested in a county other than the one in which a warrant for his arrest
was issued, may waive the right to be taken before a judge in the county
where the arrest was made. If a person so arrested waives such right, the
arresting agency shall surrender such person to a law enforcement agency of
the county that issued the warrant without unnecessary delay. The
provisions of Section 109-1 shall then apply to the person so arrested.
(c) If a defendant is charged with a felony offense, but has a warrant in another county, the defendant shall be taken to the county that issued the warrant within 72 hours of the completion of condition or detention hearing, so that release or detention status can be resolved. This provision shall not apply to warrants issued outside of Illinois. (Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/109-3
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
(Text of Section before amendment by P.A. 101-652 )
Sec. 109-3. Preliminary examination.)
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial, and may provide for the forfeiture of a
sum certain in the event the witness does not appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms shall, in addition to any forfeiture
provided in the recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of bail bond.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 109-3. Preliminary examination.)
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial, and may provide for the forfeiture of a
sum certain in the event the witness does not appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms shall, in addition to any forfeiture
provided in the recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of the conditions of pretrial release.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/109-3.1
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
(Text of Section before amendment by P.A. 101-652 )
Sec. 109-3.1.
Persons charged with felonies.
(a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person on
bail or recognizance for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand | | Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or
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(3) when a competency examination is ordered by the
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(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial
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(6) when the case has been continued by the court
| | under Section 114-4 of this Code after a determination that the defendant is physically incompetent to stand trial.
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(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 83-644.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person on pretrial release
or recognizance for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand
| | Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or
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(3) when a competency examination is ordered by the
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(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial
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(6) when the case has been continued by the court
| | under Section 114-4 of this Code after a determination that the defendant is physically incompetent to stand trial.
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(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/Art. 110
(725 ILCS 5/Art. 110 heading)
(Text of Section before amendment by P.A. 101-652 )
ARTICLE 110.
BAIL
(Text of Section after amendment by P.A. 101-652 ) ARTICLE 110. PRETRIAL RELEASE
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/110-1
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
(Text of Section before amendment by P.A. 101-652 )
Sec. 110-1.
Definitions.
(a) "Security" is that which is required to be
pledged to insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary requirements
set by the court as conditions for release either before or after
conviction. "Surety" is one who executes a bail bond and binds himself to pay
the bail if the person in custody fails to comply with all conditions of
the bail bond.
(c) The phrase "for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a consequence
of conviction" means an offense for which a sentence of imprisonment,
without probation, periodic imprisonment or conditional discharge, is
required by law upon conviction.
(d) "Real and present threat to the physical safety of any person or
persons", as used in this Article, includes a threat to the community,
person, persons or class of persons.
(Source: P.A. 85-892.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-1. Definitions. (a) (Blank).
(b) "Sureties" encompasses the monetary and nonmonetary requirements
set by the court as conditions for release either before or after
conviction.
(c) The phrase "for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a consequence
of conviction" means an offense for which a sentence of imprisonment,
without probation, periodic imprisonment or conditional discharge, is
required by law upon conviction.
(d) (Blank.) (e) Willful flight means planning or attempting to intentionally evade prosecution by concealing oneself. Simple past non-appearance in court alone is not evidence of future intent to evade prosecution.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/110-1.5 (725 ILCS 5/110-1.5) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 110-1.5. Abolition of monetary bail. On and after January 1, 2023, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act, the Driver License Compact, or the Nonresident Violator Compact which are compacts that have been entered into between this State and its sister states.
(Source: P.A. 101-652, eff. 1-1-23.) |
725 ILCS 5/110-2
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
(Text of Section before amendment by P.A. 101-652 )
Sec. 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.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-2. Release on own recognizance. (a) It is presumed that a defendant is entitled to release on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense, and complies with all terms of pretrial release, including, but not limited to, orders of protection under both Section 112A-4 of this Code and Section 214 of the Illinois Domestic Violence Act of 1986, all civil no contact orders, and all stalking no contact orders. (b) Additional conditions of release, including those highlighted above, shall be set only when it is determined that they are necessary to assure the defendant's appearance in court, assure the defendant does not commit any criminal offense, and complies with all conditions of pretrial release. (c) Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight. If the court deems that the defendant is to be released on personal recognizance, the court may require that a written admonishment be signed by
the defendant requiring 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 upon signature. 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 conditions of pretrial release.
(d) If, after the procedures set out in Section 110-6.1, the court decides to detain the defendant, the Court must make a written finding as to why less restrictive conditions would not assure safety to the community and assure the defendant's appearance in court. At each subsequent appearance of the defendant before the Court, the judge must find that continued detention or the current set of conditions imposed are necessary to avoid the specific, real and present threat to any person or of willful flight from prosecution to continue detention of the defendant. The court is not required to be presented with new information or a change in circumstance to consider reconsidering pretrial detention on current conditions. (e) 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 not pose a
danger to any person or the community and that the defendant will comply
with all conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/110-3
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
(Text of Section before amendment by P.A. 101-652 )
Sec. 110-3.
Issuance of warrant.
Upon failure to comply with any condition of a bail bond or recognizance
the court having jurisdiction at the time of such failure may, in addition
to any other action provided by law, issue a warrant for the arrest of the
person at liberty on bail or his own recognizance.
The contents of such a warrant shall be the same as required for an arrest
warrant issued upon complaint. When a defendant is at liberty on bail or
his own recognizance on a
felony charge and fails to appear in court as directed, the court shall
issue a warrant for the arrest of such person. Such warrant shall be noted
with a directive to peace officers to arrest the person and hold such
person without bail and to deliver such person before the court for further
proceedings. A defendant who is arrested or surrenders within 30 days of
the issuance of such warrant shall not be bailable in the case in question
unless he shows by the preponderance of the evidence that his failure to
appear was not intentional.
(Source: P.A. 86-298; 86-984; 86-1028.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-3. Options for warrant alternatives. (a) Upon failure to comply with any condition of pretrial release or recognizance
the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue an order to show cause as to why he or she shall not be subject to revocation of pretrial release, or for sanctions, as provided in Section 110-6. Nothing in this Section prohibits the court from issuing a warrant under subsection (c) upon failure to comply with any condition of pretrial release or recognizance. (b) The order issued by the court shall state the facts alleged to constitute the hearing to show cause or otherwise why the person is subject to revocation of pretrial release. A certified copy of the order shall be served upon the person at least 48 hours in advance of the scheduled hearing. (c) If the person does not appear at the hearing to show cause or absconds, the court may, in addition
to any other action provided by law, issue a warrant for the arrest of the
person at liberty on pretrial release.
The contents of such a warrant shall be the same as required for an arrest
warrant issued upon complaint and may modify any previously imposed conditions placed upon the person, rather than revoking pretrial release or issuing a warrant for the person in accordance with the requirements in subsections (d) and (e) of Section 110-5. When a defendant is at liberty on pretrial release or
his own recognizance on a
felony charge and fails to appear in court as directed, the court may
issue a warrant for the arrest of such person after his or her failure to appear at the show for cause hearing as provided in this Section. Such warrant shall be noted
with a directive to peace officers to arrest the person and hold such
person without pretrial release and to deliver such person before the court for further
proceedings. (d) If the order as described in Subsection B is issued, a failure to appear shall not be recorded until the Defendant fails to appear at the hearing to show cause. For the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a non-appearance in court cured by an appearance at the hearing to show cause shall not be considered as evidence of future likelihood appearance in court.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/110-4
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
(Text of Section before amendment by P.A. 101-652 )
Sec. 110-4. Bailable Offenses.
(a) All persons shall be bailable before conviction, except the
following offenses where the proof is evident or the presumption great that
the defendant is guilty of the offense: capital offenses; offenses for
which a sentence of life imprisonment may be imposed as a consequence of
conviction; felony offenses for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed
by law as a consequence of conviction, where the court after a hearing,
determines that the release of the defendant would pose a real and present
threat to the physical safety of any person or persons; stalking or
aggravated stalking, where the court, after a hearing, determines that the
release of the defendant would pose a real and present threat to the
physical safety of the alleged victim of the offense and denial of bail
is necessary to prevent fulfillment of the threat upon which the charge
is based;
or unlawful use of weapons in violation of item (4) of subsection (a) of
Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 when that offense occurred in a school or in any
conveyance owned,
leased, or contracted by a school to transport students to or from school or a
school-related
activity, or on any public way within 1,000 feet of real property comprising
any school, where
the court, after a hearing, determines that the release of the defendant would
pose a real and
present threat to the physical safety of any person and denial of bail is
necessary to prevent
fulfillment of that threat; or making a terrorist threat in violation of
Section 29D-20 of the Criminal Code of 1961 or the Criminal Code of 2012 or an attempt to commit the offense of making a terrorist threat, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat.
(b) A person seeking release on bail who is charged with a capital
offense or an offense for which a sentence of life imprisonment may be
imposed shall not be bailable until a hearing is held wherein such person
has the burden of demonstrating that the proof of his guilt is not evident
and the presumption is not great.
(c) Where it is alleged that bail should be denied to a person upon the
grounds that the person presents a real and present threat to the physical
safety of any person or persons, the burden of proof of such allegations
shall be upon the State.
(d) When it is alleged that bail should be denied to a person
charged with stalking or aggravated stalking upon the grounds set forth in
Section 110-6.3 of this Code, the burden of proof of those allegations shall be
upon the State.
(Source: P.A. 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-4. Pretrial release.
(a) All persons charged with an offense shall be eligible for pretrial
release before conviction. Pretrial release may only be denied when a
person is charged with an offense listed in Section 110-6.1 or when the defendant has a high likelihood of willful
flight, and after the court has held a hearing under Section
110-6.1.
(b) A person seeking pretrial release who is charged with a capital
offense or an offense for which a sentence of life imprisonment may be
imposed shall not be eligible for release pretrial until a hearing is held wherein such person
has the burden of demonstrating that the proof of his guilt is not evident
and the presumption is not great.
(c) Where it is alleged that pretrial should be denied to a person upon the
grounds that the person presents a real and present threat to the physical
safety of any person or persons, the burden of proof of such allegations
shall be upon the State.
(d) When it is alleged that pretrial should be denied to a person
charged with stalking or aggravated stalking upon the grounds set forth in
Section 110-6.3 of this Code, the burden of proof of those allegations shall be
upon the State.
(Source: P.A. 101-652, eff. 1-1-23.)
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725 ILCS 5/110-5
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
(Text of Section before amendment by P.A. 101-652 )
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining the amount of monetary bail or conditions of release, if
any,
which will reasonably assure the appearance of a defendant as required or
the safety of any other person or the community and the likelihood of
compliance by the
defendant with all the conditions of bail, the court shall, on the
basis of available information, take into account such matters as the
nature and circumstances of the offense charged, whether the evidence
shows that as part of the offense there was a use of violence or threatened
use of violence, whether the offense involved corruption of public
officials or employees, whether there was physical harm or threats of physical
harm to any
public official, public employee, judge, prosecutor, juror or witness,
senior citizen, child, or person with a disability, whether evidence shows that
during the offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or explosive
bomb device or any military or paramilitary armament,
whether the evidence
shows that the offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by the defendant's
membership in or allegiance to an organized gang,
the condition of the
victim, any written statement submitted by the victim or proffer or
representation by the State regarding the
impact which the alleged criminal conduct has had on the victim and the
victim's concern, if any, with further contact with the defendant if
released on bail, whether the offense was based on racial, religious,
sexual orientation or ethnic hatred,
the likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the weight of the evidence
against such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence, education,
or family ties in the local jurisdiction, in another county,
state or foreign country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of alias names or
dates of birth, and length of residence in the community,
the consent of the defendant to periodic drug testing in accordance with
Section 110-6.5,
whether a foreign national defendant is lawfully admitted in the United
States of America, whether the government of the foreign national
maintains an extradition treaty with the United States by which the foreign
government will extradite to the United States its national for a trial for
a crime allegedly committed in the United States, whether the defendant is
currently subject to deportation or exclusion under the immigration laws of
the United States, whether the defendant, although a United States citizen,
is considered under the law of any foreign state a national of that state
for the purposes of extradition or non-extradition to the United States,
the amount of unrecovered proceeds lost as a result of
the alleged offense, the
source of bail funds tendered or sought to be tendered for bail,
whether from the totality of the court's consideration,
the loss of funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the defendant is
engaged in significant
possession, manufacture, or delivery of a controlled substance or cannabis,
either individually or in consort with others,
whether at the time of the offense
charged he or she was on bond or pre-trial release pending trial, probation,
periodic imprisonment or conditional discharge pursuant to this Code or the
comparable Code of any other state or federal jurisdiction, whether the
defendant is on bond or
pre-trial release pending the imposition or execution of sentence or appeal of
sentence for any offense under the laws of Illinois or any other state or
federal jurisdiction, whether the defendant is under parole, aftercare release, mandatory
supervised release, or
work release from the Illinois Department of Corrections or Illinois Department of Juvenile Justice or any penal
institution or corrections department of any state or federal
jurisdiction, the defendant's record of convictions, whether the defendant has been
convicted of a misdemeanor or ordinance offense in Illinois or similar
offense in other state or federal jurisdiction within the 10 years
preceding the current charge or convicted of a felony in Illinois, whether
the defendant was convicted of an offense in another state or federal
jurisdiction that would
be a felony if committed in Illinois within the 20 years preceding the
current charge or has been convicted of such felony and released from the
penitentiary within 20 years preceding the current charge if a
penitentiary sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication of delinquency in any
jurisdiction, any record of appearance or failure to appear by
the defendant at
court proceedings, whether there was flight to avoid arrest or
prosecution, whether the defendant escaped or
attempted to escape to avoid arrest, whether the defendant refused to
identify himself or herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court in its
findings or stated in or
offered in connection with this Section 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.
If the State presents evidence that the offense committed by the defendant
was related to or in furtherance of the criminal activities of an organized
gang or was motivated by the defendant's membership in or allegiance to an
organized gang, and if the court determines that the evidence may be
substantiated, the court shall prohibit the defendant from associating with
other members of the organized gang as a condition of bail or release.
For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of release imposed shall be non-monetary in nature and the court shall impose the least restrictive conditions or combination of conditions necessary to reasonably assure the appearance of the defendant for further court proceedings and protect the integrity of
the judicial proceedings from a specific threat to a witness or
participant. Conditions of release may include, but not be limited to, electronic home monitoring, curfews, drug counseling, stay-away orders, and in-person reporting. The court shall consider the defendant's socio-economic circumstance when setting conditions of release or imposing monetary bail. (b) The amount of bail shall be:
(1) Sufficient to assure compliance with the | | conditions set forth in the bail 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 regarding any change in his or her address. The defendant's address shall at all times remain a matter of public record with the clerk of the court.
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(2) Not oppressive.
(3) Considerate of the financial ability of the
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(4) When a person is charged with a drug related
| | offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, the full street value of the drugs seized shall be considered. "Street value" shall be determined by the court on the basis of a proffer by the State based upon reliable information of a law enforcement official contained in a written report as to the amount seized and such proffer may be used by the court as to the current street value of the smallest unit of the drug seized.
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(b-5) Upon the filing of a written request demonstrating reasonable cause, the State's Attorney may request a source of bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the accused must file a written notice requesting that the court conduct a source of bail hearing. The notice must be accompanied by justifying affidavits stating the legitimate and lawful source of funds for bail. At the hearing, the court shall inquire into any matters stated in any justifying affidavits, and may also inquire into matters appropriate to the determination which shall include, but are not limited to, the following:
(1) the background, character, reputation, and
| | relationship to the accused of any surety; and
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| (2) the source of any money or property deposited by
| | any surety, and whether any such money or property constitutes the fruits of criminal or unlawful conduct; and
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| (3) the source of any money posted as cash bail, and
| | whether any such money constitutes the fruits of criminal or unlawful conduct; and
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| (4) the background, character, reputation, and
| | relationship to the accused of the person posting cash bail.
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| Upon setting the hearing, the court shall examine, under oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to call witnesses and to examine any witness in the proceeding. The court shall, upon request of the State's Attorney, continue the proceedings for a reasonable period to allow the State's Attorney to investigate the matter raised in any testimony or affidavit.
If the hearing is granted after the accused has posted bail, the court shall conduct a hearing consistent with this subsection (b-5). At the conclusion of the hearing, the court must issue an order either approving or disapproving the bail.
(c) When a person is charged with an offense punishable by fine only the
amount of the bail shall not exceed double the amount of the maximum penalty.
(d) When a person has been convicted of an offense and only a fine has
been imposed the amount of the bail shall not exceed double the amount of
the fine.
(e) The State may appeal any order granting bail or setting
a given amount for bail.
(f) When a person is charged with 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 or when a person is charged with domestic battery, aggravated domestic battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, stalking, aggravated stalking, cyberstalking, harassment by telephone, harassment through electronic communications, or an attempt to commit first degree murder committed against an intimate partner regardless whether an order of protection has been issued against the person,
(1) whether the alleged incident involved harassment
| | or abuse, as defined in the Illinois Domestic Violence Act of 1986;
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| (2) whether the person has a history of domestic
| | violence, as defined in the Illinois Domestic Violence Act, or a history of other criminal acts;
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| (3) based on the mental health of the person;
(4) whether the person has a history of violating the
| | orders of any court or governmental entity;
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| (5) whether the person has been, or is, potentially a
| | threat to any other person;
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| (6) whether the person has access to deadly weapons
| | or a history of using deadly weapons;
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| (7) whether the person has a history of abusing
| | alcohol or any controlled substance;
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| (8) based on the severity of the alleged incident
| | that is the basis of the alleged offense, including, but not limited to, the duration of the current incident, and whether the alleged incident involved the use of a weapon, physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
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| (9) whether a separation of the person from the
| | alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
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| (10) whether the person has exhibited obsessive or
| | controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim or victim's family member or members;
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| (11) whether the person has expressed suicidal or
| | (12) based on any information contained in the
| | complaint and any police reports, affidavits, or other documents accompanying the complaint,
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| the court may, in its discretion, order the respondent to undergo a risk assessment evaluation using a recognized, evidence-based instrument conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency. These agencies shall have access to summaries of the defendant's criminal history, which shall not include victim interviews or information, for the risk evaluation. Based on the information collected from the 12 points to be considered at a bail hearing under this subsection (f), the results of any risk evaluation conducted and the other circumstances of the violation, the court may order that the person, as a condition of bail, be placed under electronic surveillance as provided in Section 5-8A-7 of the Unified Code of Corrections. Upon making a determination whether or not to order the respondent to undergo a risk assessment evaluation or to be placed under electronic surveillance and risk assessment, the court shall document in the record the court's reasons for making those determinations. The cost of the electronic surveillance and risk assessment shall be paid by, or on behalf, of the defendant. As used in this subsection (f), "intimate partner" means a spouse or a current or former partner in a cohabitation or dating relationship.
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining which or conditions of pretrial release, if
any,
which will reasonably assure the appearance of a defendant as required or
the safety of any other person or the community and the likelihood of
compliance by the
defendant with all the conditions of pretrial release, the court shall, on the
basis of available information, take into account such matters as:
(1) the nature and circumstances of the offense
| | (2) the weight of the evidence against the eligible
| | defendant, except that the court may consider the admissibility of any evidence sought to be excluded;
|
| (3) the history and characteristics of the eligible
| | (A) the eligible defendant's character, physical
| | and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past relating to drug or alcohol abuse, conduct, history criminal history, and record concerning appearance at court proceedings; and
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| (B) whether, at the time of the current offense
| | or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;
|
| (4) the nature and seriousness of the specific, real
| | and present threat to any person that would be posed by the eligible defendant's release, if applicable; as required under paragraph (7.5) of Section 4 of the Rights of Crime Victims and Witnesses Act; and
|
| (5) the nature and seriousness of the risk of
| | obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable.
|
| (b) The court shall impose any conditions that are mandatory under Section 110-10. The court may impose any conditions that are permissible under Section 110-10.
(b-5) When a person is charged with 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 or when a person is charged with domestic battery, aggravated domestic battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, stalking, aggravated stalking, cyberstalking, harassment by telephone, harassment through electronic communications, or an attempt to commit first degree murder committed against an intimate partner regardless whether an order of protection has been issued against the person,
(1) whether the alleged incident involved harassment
| | or abuse, as defined in the Illinois Domestic Violence Act of 1986;
|
| (2) whether the person has a history of domestic
| | violence, as defined in the Illinois Domestic Violence Act, or a history of other criminal acts;
|
| (3) based on the mental health of the person;
(4) whether the person has a history of violating the
| | orders of any court or governmental entity;
|
| (5) whether the person has been, or is, potentially a
| | threat to any other person;
|
| (6) whether the person has access to deadly weapons
| | or a history of using deadly weapons;
|
| (7) whether the person has a history of abusing
| | alcohol or any controlled substance;
|
| (8) based on the severity of the alleged incident
| | that is the basis of the alleged offense, including, but not limited to, the duration of the current incident, and whether the alleged incident involved the use of a weapon, physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
|
| (9) whether a separation of the person from the
| | victim of abuse or a termination of the relationship between the person and the victim of abuse has recently occurred or is pending;
|
| (10) whether the person has exhibited obsessive or
| | controlling behaviors toward the victim of abuse, including, but not limited to, stalking, surveillance, or isolation of the victim of abuse or victim's family member or members;
|
| (11) whether the person has expressed suicidal or
| | (11.5) any other factors deemed by the court to have
| | a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of that behavior
|
| (c) In cases of stalking or aggravated stalking under Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the court may consider the following additional factors:
(1) Any evidence of the defendant's prior criminal
| | history indicative of violent, abusive or assaultive behavior, or lack of that behavior. The evidence may include testimony or documents received in juvenile proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings;
|
| (2) Any evidence of the defendant's psychological,
| | psychiatric or other similar social history that tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
|
| (3) The nature of the threat which is the basis of
| | the charge against the defendant;
|
| (4) Any statements made by, or attributed to the
| | defendant, together with the circumstances surrounding them;
|
| (5) The age and physical condition of any person
| | allegedly assaulted by the defendant;
|
| (6) Whether the defendant is known to possess or have
| | access to any weapon or weapons;
|
| (7) Any other factors deemed by the court to have a
| | reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of that behavior.
|
| (d) The Court may use a regularly validated risk assessment tool to aid its determination of appropriate conditions of release as provided for in Section 110-6.4. Risk assessment tools may not be used as the sole basis to deny pretrial release. If a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. The defendant retains the right to challenge the validity of a risk assessment tool used by the court and to present evidence relevant to the defendant's challenge.
(e) If a person remains in pretrial detention after his or her pretrial conditions hearing after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention. If the reason for continued detention is due to the unavailability or the defendant's ineligibility for one or more pretrial conditions previously ordered by the court or directed by a pretrial services agency, the court shall reopen the conditions of release hearing to determine what available pretrial conditions exist that will reasonably assure the appearance of a defendant as required or the safety of any other person and the likelihood of compliance by the defendant with all the conditions of pretrial release. The inability of Defendant to pay for a condition of release or any other ineligibility for a condition of pretrial release shall not be used as a justification for the pretrial detention of that Defendant.
(f) Prior to the defendant's first appearance, the Court shall appoint the public defender or a licensed attorney at law of this State to represent the Defendant for purposes of that hearing, unless the defendant has obtained licensed counsel for themselves.
(g) Electronic monitoring, GPS monitoring, or home confinement can only be imposed condition of pretrial release if a no less restrictive condition of release or combination of less restrictive condition of release would reasonably ensure the appearance of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS monitoring, or home confinement the court shall set forth in the record the basis for its finding. A defendant shall be given custodial credit for each day he or she was subjected to that program, at the same rate described in subsection (b) of Section 5-4.5-100 of the unified code of correction.
(i) If electronic monitoring, GPS monitoring, or home confinement is imposed, the court shall determine every 60 days if no less restrictive condition of release or combination of less restrictive conditions of release would reasonably ensure the appearance, or continued appearance, of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. If the court finds that there are less restrictive conditions of release, the court shall order that the condition be removed. This subsection takes effect January 1, 2022.
(j) Crime Victims shall be given notice by the State's Attorney's office of this hearing 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 this hearing to obtain an order of protection under Article 112A of this Code.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
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725 ILCS 5/110-5.1 (725 ILCS 5/110-5.1) (Section scheduled to be repealed on January 1, 2023) Sec. 110-5.1. Bail; certain persons charged with violent crimes against family or household members. (a) Subject to subsection (c), a person who is charged with a violent crime shall appear before the court for the setting of bail if the alleged victim was a family or household member at the time of the alleged offense, and if any of the following applies: (1) the person charged, at the time of the alleged | | offense, was subject to the terms 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 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;
|
| (2) the arresting officer indicates in a police
| | report or other document accompanying the complaint any of the following:
|
| (A) that the arresting officer observed on the
| | alleged victim objective manifestations of physical harm that the arresting officer reasonably believes are a result of the alleged offense;
|
| (B) that the arresting officer reasonably
| | believes that the person had on the person's person at the time of the alleged offense a deadly weapon;
|
| (C) that the arresting officer reasonably
| | believes that the person presents a credible threat of serious physical harm to the alleged victim or to any other person if released on bail before trial.
|
| (b) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before setting bail for a person who appears before the court pursuant to subsection (a):
(1) whether the person has a history of domestic
| | violence or a history of other violent acts;
|
| (2) the mental health of the person;
(3) whether the person has a history of violating the
| | orders of any court or governmental entity;
|
| (4) whether the person is potentially a threat to any
| | (5) whether the person has access to deadly weapons
| | or a history of using deadly weapons;
|
| (6) whether the person has a history of abusing
| | alcohol or any controlled substance;
|
| (7) the severity of the alleged violence that is the
| | basis of the alleged offense, including, but not limited to, the duration of the alleged violent incident, and whether the alleged violent incident involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
|
| (8) whether a separation of the person from the
| | alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;
|
| (9) whether the person has exhibited obsessive or
| | controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim;
|
| (10) whether the person has expressed suicidal or
| | (11) any information contained in the complaint and
| | any police reports, affidavits, or other documents accompanying the complaint.
|
| (c) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by subsection (a) to appear by video conferencing equipment. If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by subsection (a) is not practicable, the court may waive the appearance and release the person on bail on one or both of the following types of bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the
| | amount of the bond in cash;
|
| (2) a surety bond, a bond secured by real estate or
| | securities as allowed by law, or the deposit of cash, at the option of the person.
|
| Subsection (a) does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a violent crime who is not described in subsection (a) from appearing before the court for the setting of bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in
| | Section 3 of the Rights of Crime Victims and Witnesses Act.
|
| (2) "Family or household member" has the meaning
| | ascribed to it in Section 112A-3 of this Code.
|
|
(e) This Section is repealed on January 1, 2023.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21.)
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725 ILCS 5/110-5.2 (725 ILCS 5/110-5.2) (Text of Section before amendment by P.A. 101-652 ) Sec. 110-5.2. Bail; pregnant pre-trial detainee. (a) It is the policy of this State that a pre-trial detainee shall not be required to deliver a child while in custody absent a finding by the court that continued pre-trial custody is necessary to protect the public or the victim of the offense on which the charge is based. (b) If the court reasonably believes that a pre-trial detainee will give birth while in custody, the court shall order an alternative to custody unless, after a hearing, the court determines: (1) that the release of the pregnant pre-trial | | detainee would pose a real and present threat to the physical safety of the alleged victim of the offense and continuing custody is necessary to prevent the fulfillment of the threat upon which the charge is based; or
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| (2) that the release of the pregnant pre-trial
| | detainee would pose a real and present threat to the physical safety of any person or persons or the general public.
|
| (c) The court may order a pregnant or post-partum detainee to be subject to electronic monitoring as a condition of pre-trial release or order other condition or combination of conditions the court reasonably determines are in the best interest of the detainee and the public.
(d) This Section shall be applicable to a pregnant pre-trial detainee in custody on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-630, eff. 1-1-19 .)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-5.2. Pretrial release; pregnant pre-trial detainee.
(a) It is the policy of this State that a pre-trial detainee shall not be required to deliver a child while in custody absent a finding by the court that continued pre-trial custody is necessary to protect the public or the victim of the offense on which the charge is based.
(b) If the court reasonably believes that a pre-trial detainee will give birth while in custody, the court shall order an alternative to custody unless, after a hearing, the court determines:
(1) that the release of the pregnant pre-trial
| | detainee would pose a real and present threat to the physical safety of the alleged victim of the offense and continuing custody is necessary to prevent the fulfillment of the threat upon which the charge is based; or
|
| (2) that the release of the pregnant pre-trial
| | detainee would pose a real and present threat to the physical safety of any person or persons or the general public.
|
| (c) The court may order a pregnant or post-partum detainee to be subject to electronic monitoring as a condition of pre-trial release or order other condition or combination of conditions the court reasonably determines are in the best interest of the detainee and the public.
(d) This Section shall be applicable to a pregnant pre-trial detainee in custody on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-630, eff. 1-1-19; 101-652, eff. 1-1-23.)
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725 ILCS 5/110-6
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
(Text of Section before amendment by P.A. 101-652 )
Sec. 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
proceeding is
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
shall
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
Section.
(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
appropriate.
(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
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, 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.
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|
(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.
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|
(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 )
Sec. 110-6. 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
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| (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.
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| (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.
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| (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.
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| (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.
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| (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.)
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725 ILCS 5/110-6.1
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
(Text of Section before amendment by P.A. 101-652 )
Sec. 110-6.1. Denial of bail in non-probationable felony offenses.
(a) Upon verified petition by the State, the court shall hold a hearing to
determine whether bail should be denied to a defendant who is charged with
a felony offense for which a sentence of imprisonment, without probation,
periodic imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of any person or persons.
(1) A petition may be filed without prior notice to | | the defendant at the first appearance before a judge, or within the 21 calendar days, except as provided in Section 110-6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while such petition is pending before the court, the defendant if previously released shall not be detained.
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(2) The hearing shall be held immediately upon the
| | defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance. A continuance on motion of the defendant may not exceed 5 calendar days, and a continuance on the motion of the State may not exceed 3 calendar days. The defendant may be held in custody during such continuance.
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(b) The court may deny bail to the defendant where, after the hearing, it
is determined that:
(1) the proof is evident or the presumption great
| | that the defendant has committed an offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, must be imposed by law as a consequence of conviction, and
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(2) the defendant poses a real and present threat to
| | the physical safety of any person or persons, by conduct which may include, but is not limited to, a forcible felony, the obstruction of justice, intimidation, injury, physical harm, an offense under the Illinois Controlled Substances Act which is a Class X felony, or an offense under the Methamphetamine Control and Community Protection Act which is a Class X felony, and
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(3) the court finds that no condition or combination
| | of conditions set forth in subsection (b) of Section 110-10 of this Article, can reasonably assure the physical safety of any other person or persons.
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(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
| | dangerousness shall be conducted in accordance with the following provisions:
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(A) Information used by the court in its findings
| | or stated in or offered at such hearing may be by way of proffer based upon reliable information offered by the State or by defendant. Defendant has the right to be represented by counsel, and if he is indigent, to have counsel appointed for him. Defendant shall have the opportunity to testify, to present witnesses in his own behalf, and to cross-examine witnesses if any are called by the State. The defendant has the right to present witnesses in his favor. When the ends of justice so require, the court may exercises its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness. Cross-examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well-being of the witness. The pre-trial detention hearing is not to be used for purposes of discovery, and the post arraignment rules of discovery do not apply. The State shall tender to the defendant, prior to the hearing, copies of defendant's criminal history, if any, if available, and any written or recorded statements and the substance of any oral statements made by any person, if relied upon by the State in its petition. The rules concerning the admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. At the trial concerning the offense for which the hearing was conducted 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.
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(B) A motion by the defendant to suppress
| | evidence or to suppress a confession shall not be entertained. Evidence that proof may have been obtained as the result of an unlawful search and seizure or through improper interrogation is not relevant to this state of the prosecution.
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(2) The facts relied upon by the court to support a
| | finding that the defendant poses a real and present threat to the physical safety of any person or persons shall be supported by clear and convincing evidence presented by the State.
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(d) Factors to be considered in making a determination of dangerousness.
The court may, in determining whether the defendant poses a real and
present threat to the physical safety of any person or persons, consider but
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
| | charged, including whether the offense is a crime of violence, involving a weapon.
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(2) The history and characteristics of the defendant
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(A) Any evidence of the defendant's prior
| | criminal history indicative of violent, abusive or assaultive behavior, or lack of such behavior. Such evidence may include testimony or documents received in juvenile proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings.
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(B) Any evidence of the defendant's
| | psychological, psychiatric or other similar social history which tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
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(3) The identity of any person or persons to whose
| | safety the defendant is believed to pose a threat, and the nature of the threat;
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(4) Any statements made by, or attributed to the
| | defendant, together with the circumstances surrounding them;
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(5) The age and physical condition of any person
| | assaulted by the defendant;
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(6) Whether the defendant is known to possess or have
| | access to any weapon or weapons;
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(7) Whether, at the time of the current offense or
| | any other offense or arrest, the defendant was on probation, parole, aftercare release, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
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(8) Any other factors, including those listed in
| | Section 110-5 of this Article deemed by the court to have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of such behavior.
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(e) Detention order. The court shall, in any order for detention:
(1) briefly summarize the evidence of the defendant's
| | culpability and its reasons for concluding that the defendant should be held without bail;
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(2) direct that the defendant be committed to the
| | custody of the sheriff for confinement in the county jail pending trial;
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(3) direct that the defendant be given a reasonable
| | opportunity for private consultation with counsel, and for communication with others of his choice by visitation, mail and telephone; and
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(4) direct that the sheriff deliver the defendant as
| | required for appearances in connection with court proceedings.
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(f) If the court enters an order for the detention of the defendant
pursuant to subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for detention was
entered. 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.
(g) Rights of the defendant. Any person shall be entitled to appeal any
order entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this Section denying any
motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings.
(Source: P.A. 98-558, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-652 )
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if:
(1) the defendant is charged with a forcible felony
| | offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction, and it is alleged that the defendant's pretrial release poses a specific, real and present threat to any person or the community.;
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(2) the defendant is charged with stalking or
| | aggravated stalking and it is alleged that the defendant's pre-trial release poses a real and present threat to the physical safety of a victim of the alleged offense, and denial of release is necessary to prevent fulfillment of the threat upon which the charge is based;
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| (3) the victim of abuse was a family or household
| | member as defined by paragraph (6) of Section 103 of the Illinois Domestic Violence Act of 1986, and the person charged, at the time of the alleged offense, was subject to the terms 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 or a violent crime if the victim was a family or household member as defined by paragraph (6) of the Illinois Domestic Violence Act of 1986 at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member as defined by paragraph (6) of Section 103 of the Illinois Domestic Violence Act of 1986 at the time of the offense, and it is alleged that the defendant's pre-trial release poses a real and present threat to the physical safety of any person or persons;
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| (4) the defendant is charged with domestic battery or
| | aggravated domestic battery under Section 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is alleged that the defendant's pretrial release poses a real and present threat to the physical safety of any person or persons;
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| (5) the defendant is charged with any offense under
| | Article 11 of the Criminal Code of 2012, except for Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal Code of 2012, or similar provisions of the Criminal Code of 1961 and it is alleged that the defendant's pretrial release poses a real and present threat to the physical safety of any person or persons;
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| (6) the defendant is charged with any of these
| | violations under the Criminal Code of 2012 and it is alleged that the defendant's pretrial releases poses a real and present threat to the physical safety of any specifically identifiable person or persons.
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| (A) Section 24-1.2 (aggravated discharge of a
| | (B) Section 24-2.5 (aggravated discharge of a
| | machine gun or a firearm equipped with a device designed or use for silencing the report of a firearm);
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| (C) Section 24-1.5 (reckless discharge of a
| | (D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 2 (manufacture, sale or
| | transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells or flechette shells);
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| (F) Section 24-3 (unlawful sale or delivery of
| | (G) Section 24-3.3 (unlawful sale or delivery of
| | firearms on the premises of any school);
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| (H) Section 24-34 (unlawful sale of firearms by
| | (I) Section 24-3.5 {unlawful purchase of a
| | (J) Section 24-3A (gunrunning); or
(K) Section on 24-3B (firearms trafficking );
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual
| | (N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) (unlawful
| | use or possession of weapons by felons or persons in the Custody of the Department of Corrections facilities (Section 24-1.1), (ii) aggravated unlawful use of a weapon (Section 24-1.6, or (iii) aggravated possession of a stolen firearm (Section 24-3.9);
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| (7) the person has a high likelihood of willful
| | flight to avoid prosecution and is charged with:
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| (A) Any felony described in Sections (a)(1)
| | through (a)(5) of this Section; or
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| (B) A felony offense other than a Class 4
| | (b) If the charged offense is a felony, the Court shall hold a hearing pursuant to 109-3 of this Code to determine whether there is probable cause the defendant has committed an offense, unless a grand jury has returned a true bill of indictment against the defendant. If there is a finding of no probable cause, the defendant shall be released. No such finding is necessary if the defendant is charged with a misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to
| | the defendant at the first appearance before a judge, or within the 21 calendar days, except as provided in Section 110-6, after arrest and release of the defendant upon reasonable notice to defendant; provided that while such petition is pending before the court, the defendant if previously released shall not be detained.
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(2) (2) Upon filing, the court shall immediately hold
| | a hearing on the petition unless a continuance is requested. If a continuance is requested, the hearing shall be held within 48 hours of the defendant's first appearance if the defendant is charged with a Class X, Class 1, Class 2, or Class 3 felony, and within 24 hours if the defendant is charged with a Class 4 or misdemeanor offense. The Court may deny and or grant the request for continuance. If the court decides to grant the continuance, the Court retains the discretion to detain or release the defendant in the time between the filing of the petition and the hearing.
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| (d) Contents of petition.
(1) The petition shall be verified by the State and
| | shall state the grounds upon which it contends the defendant should be denied pretrial release, including the identity of the specific person or persons the State believes the defendant poses a danger to.
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| (2) Only one petition may be filed under this Section.
(e) Eligibility: All defendants shall be presumed eligible for pretrial release, and the State shall bear the burden of proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great
| | that the defendant has committed an offense listed in paragraphs (1) through (6) of subsection (a), and
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(2) the defendant poses a real and present threat to
| | the safety of a specific, identifiable person or persons, by conduct which may include, but is not limited to, a forcible felony, the obstruction of justice, intimidation, injury, or abuse as defined by paragraph (1) of Section 103 of the Illinois Domestic Violence Act of 1986, and
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(3) no condition or combination of conditions set
| | forth in subsection (b) of Section 110-10 of this Article can mitigate the real and present threat to the safety of any person or persons or the defendant's willful flight.
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(f) Conduct of the hearings.
(1) Prior to the hearing the State shall tender to
| | the defendant copies of defendant's criminal history available, any written or recorded statements, and the substance of any oral statements made by any person, if relied upon by the State in its petition, and any police reports in the State's Attorney's possession at the time of the hearing that are required to be disclosed to the defense under Illinois Supreme Court rules.
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(2) The State or defendant may present evidence at
| | the hearing by way of proffer based upon reliable information.
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| (3) The defendant has the right to be represented by
| | counsel, and if he or she is indigent, to have counsel appointed for him or her. The defendant shall have the opportunity to testify, to present witnesses on his or her own behalf, and to cross-examine any witnesses that are called by the State.
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| (4) If the defense seeks to call the complaining
| | witness as a witness in its favor, it shall petition the court for permission. When the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness. The court shall state on the record reasons for granting a defense request to compel the presence of a complaining witness. In making a determination under this section, the court shall state on the record the reason for granting a defense request to compel the presence of a complaining witness, and only grant the request if the court finds by clear and convincing evidence that the defendant will be materially prejudiced if the complaining witness does not appear. Cross-examination of a complaining witness at the pretrial detention hearing for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness. In deciding whether to compel the appearance of a complaining witness, the court shall be considerate of the emotional and physical well-being of the witness. The pre-trial detention hearing is not to be used for purposes of discovery, and the post arraignment rules of discovery do not apply.
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| (5) The rules concerning the admissibility of
| | evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. At the trial concerning the offense for which the hearing was conducted 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.
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(6) The defendant may not move to suppress evidence
| | or a confession, however, evidence that proof of the charged crime may have been the result of an unlawful search or seizure, or both, or through improper interrogation, is relevant in assessing the weight of the evidence against the defendant.
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| (7) Decisions regarding release, conditions of
| | release and detention prior trial should be individualized, and no single factor or standard should be used exclusively to make a condition or detention decision.
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(g) Factors to be considered in making a determination of dangerousness.
The court may, in determining whether the defendant poses a specific, imminent threat of serious physical harm to an identifiable person or persons, consider but
shall not be limited to evidence or testimony concerning:
(1) The nature and circumstances of any offense
| | charged, including whether the offense is a crime of violence, involving a weapon, or a sex offense.
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(2) The history and characteristics of the defendant
| |
(A) Any evidence of the defendant's prior
| | criminal history indicative of violent, abusive or assaultive behavior, or lack of such behavior. Such evidence may include testimony or documents received in juvenile proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings.
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(B) Any evidence of the defendant's
| | psychological, psychiatric or other similar social history which tends to indicate a violent, abusive, or assaultive nature, or lack of any such history.
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(3) The identity of any person or persons to whose
| | safety the defendant is believed to pose a threat, and the nature of the threat;
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(4) Any statements made by, or attributed to the
| | defendant, together with the circumstances surrounding them;
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(5) The age and physical condition of the defendant;
(6) The age and physical condition of any victim or
| | (7) Whether the defendant is known to possess or have
| | access to any weapon or weapons;
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(8) Whether, at the time of the current offense or
| | any other offense or arrest, the defendant was on probation, parole, aftercare release, mandatory supervised release or other release from custody pending trial, sentencing, appeal or completion of sentence for an offense under federal or state law;
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(9) Any other factors, including those listed in
| | Section 110-5 of this Article deemed by the court to have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive or assaultive behavior, or lack of such behavior.
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(h) Detention order. The court shall, in any order for detention:
(1) briefly summarize the evidence of the defendant's
| | guilt or innocence, and the court's reasons for concluding that the defendant should be denied pretrial release;
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(2) direct that the defendant be committed to the
| | custody of the sheriff for confinement in the county jail pending trial;
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(3) direct that the defendant be given a reasonable
| | opportunity for private consultation with counsel, and for communication with others of his or her choice by visitation, mail and telephone; and
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(4) direct that the sheriff deliver the defendant as
| | required for appearances in connection with court proceedings.
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(i) Detention. If the court enters an order for the detention of the defendant
pursuant to subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for detention was
entered. If the defendant is not brought to trial within the 90 day period
required by the preceding sentence, he shall not be denied pretrial release. 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.
(j) Rights of the defendant. Any person shall be entitled to appeal any
order entered under this Section denying pretrial release to the defendant.
(k) Appeal. The State may appeal any order entered under this Section denying any
motion for denial of pretrial release.
(l) Presumption of innocence. Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings.
(m) Victim notice.
(1) Crime victims shall be given notice by the
| | State's Attorney's office of this hearing 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 this hearing to obtain an order of protection under Article 112A of this Code.
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(Source: P.A. 101-652, eff. 1-1-23.)
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