(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining which conditions of pretrial release, if
any,
will reasonably ensure 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 |
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(2) the weight of the evidence against the defendant,
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| except that the court may consider the admissibility of any evidence sought to be excluded;
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(3) the history and characteristics of the defendant,
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(A) the defendant's character, physical and
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| 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
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| or arrest, the 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;
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(4) the nature and seriousness of the real and
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| present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, that would be posed by the defendant's release, if applicable, as required under paragraph (7.5) of Section 4 of the Rights of Crime Victims and Witnesses Act;
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(5) the nature and seriousness of the risk of
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| obstructing or attempting to obstruct the criminal justice process that would be posed by the defendant's release, if applicable;
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(6) when a person is charged with a violation of
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| a protective order, domestic battery, aggravated domestic battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, cyberstalking, harassment by telephone, harassment through electronic communications, or an attempt to commit first degree murder committed against a spouse or a current or former partner in a cohabitation or dating relationship, regardless of whether an order of protection has been issued against the person, the court may consider the following additional factors:
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(A) whether the alleged incident involved
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| harassment or abuse, as defined in the Illinois Domestic Violence Act of 1986;
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(B) whether the person has a history of
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| domestic violence, as defined in the Illinois Domestic Violence Act of 1986, or a history of other criminal acts;
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(C) the mental health of the person;
(D) whether the person has a history of
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| violating the orders of any court or governmental entity;
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(E) whether the person has been, or is,
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| potentially a threat to any other person;
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(F) whether the person has access to deadly
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| weapons or a history of using deadly weapons;
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(G) whether the person has a history of
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| abusing alcohol or any controlled substance;
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(H) the severity of the alleged incident that
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| 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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(I) whether a separation of the person from
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| the victim of abuse or a termination of the relationship between the person and the victim of abuse has recently occurred or is pending;
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(J) whether the person has exhibited
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| obsessive or controlling behaviors toward the victim of abuse, including, but not limited to, stalking, surveillance, or isolation of the victim of abuse or the victim's family member or members;
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(K) whether the person has expressed suicidal
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| or homicidal ideations; and
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(L) any other factors deemed by the court to
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| have a reasonable bearing upon the defendant's propensity or reputation for violent, abusive, or assaultive behavior, or lack of that behavior.
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(7) in cases of stalking or aggravated stalking
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| under Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the court may consider the factors listed in paragraph (6) and the following additional factors:
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(A) any evidence of the defendant's prior
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| 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;
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(B) any evidence of the defendant's
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| psychological, psychiatric, or other similar social history that tends to indicate a violent, abusive, or assaultive nature, or lack of any such history;
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(C) the nature of the threat that is the
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| basis of the charge against the defendant;
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(D) any statements made by, or attributed to,
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| the defendant, together with the circumstances surrounding them;
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(E) the age and physical condition of any
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| person allegedly assaulted by the defendant;
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(F) whether the defendant is known to possess
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| or have access to any weapon or weapons; and
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(G) any other factors deemed by the court to have
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| a reasonable bearing upon the defendant's propensity or reputation for violent, abusive, or assaultive behavior, or lack of that behavior.
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(b) The court may use a regularly validated risk assessment tool to aid its determination of appropriate conditions of release as provided under Section 110-6.4. 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.
(c) The court shall impose any conditions that are mandatory under subsection (a) of Section 110-10. The court may impose any conditions that are permissible under subsection (b) of Section 110-10. The conditions of release imposed shall be the least restrictive conditions or combination of conditions necessary to reasonably ensure the appearance of the defendant as required or the safety of any other person or persons or the community.
(d) When a person is charged with a violation of a protective order, the court may order the defendant placed under electronic surveillance as a condition of pretrial release, as provided in Section 5-8A-7 of the Unified Code of Corrections, based on the information collected under paragraph (6) of subsection (a) of this Section, the results of any assessment conducted, or other circumstances of the violation.
(e) If a person remains in pretrial detention 48 hours 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 ensure the appearance of a defendant as required, the safety of any other person, and the likelihood of compliance by the defendant with all the conditions of pretrial release. The inability of the 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, and with sufficient time for meaningful attorney-client contact to gather information in order to advocate effectively for the defendant's pretrial release, 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. Defense counsel shall have access to the same documentary information relied upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant before the court, the judge must find that the current conditions imposed are necessary to reasonably ensure the appearance of the defendant as required, the safety of any other person, and the compliance of the defendant with all the conditions of pretrial release. The court is not required to be presented with new information or a change in circumstance to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home confinement can only be imposed as a 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 home confinement, at the same rate described in subsection (b) of Section 5-4.5-100 of the Unified Code of Corrections. The court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement.
(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 a protective order.
(k) The State and defendants may appeal court orders imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
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 felony offense |
| other than a forcible felony for which, based on the charge or the defendant's criminal history, 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 real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case;
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(1.5) the defendant's pretrial release poses a real
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| and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, and the defendant is charged with a forcible felony, which as used in this Section, means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, burglary where there is use of force against another person, residential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement or any other felony which involves the threat of or infliction of great bodily harm or permanent disability or disfigurement;
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(2) the defendant is charged with stalking or
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| aggravated stalking, and it is alleged that the defendant's pre-trial release poses a real and present threat to the 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 defendant is charged with a violation of an
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| order of protection issued under Section 112A-14 of this Code or Section 214 of the Illinois Domestic Violence Act of 1986, a stalking no contact order under Section 80 of the Stalking No Contact Order Act, or of a civil no contact order under Section 213 of the Civil No Contact Order Act, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case;
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(4) the defendant is charged with domestic battery or
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| 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 safety of any person or persons or the community, based on the specific articulable facts of the case;
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(5) the defendant is charged with any offense under
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| Article 11 of the Criminal Code of 2012, except for Sections 11-14, 11-14.1, 11-18, 11-20, 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 safety of any person or persons or the community, based on the specific articulable facts of the case;
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(6) the defendant is charged with any of the
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| following offenses under the Criminal Code of 2012, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case:
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(A) Section 24-1.2 (aggravated discharge of a
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(B) Section 24-2.5 (aggravated discharge of a
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| 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
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(D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 (manufacture, sale or
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| 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
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(G) Section 24-3.3 (unlawful sale or delivery of
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| firearms on the premises of any school);
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(H) Section 24-34 (unlawful sale of firearms by
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(I) Section 24-3.5 (unlawful purchase of a
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(J) Section 24-3A (gunrunning);
(K) Section 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual
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(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful
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| 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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(P) Section 9-3 (reckless homicide and
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| involuntary manslaughter);
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(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
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(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
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(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
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| (aggravated battery with a deadly weapon other than by discharge of a firearm);
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(6.5) the defendant is charged with any of the
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| following offenses, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case:
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(A) Felony violations of Sections 3.01, 3.02, or
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| 3.03 of the Humane Care for Animals Act (cruel treatment, aggravated cruelty, and animal torture);
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(B) Subdivision (d)(1)(B) of Section 11-501 of
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| the Illinois Vehicle Code (aggravated driving under the influence while operating a school bus with passengers);
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(C) Subdivision (d)(1)(C) of Section 11-501 of
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| the Illinois Vehicle Code (aggravated driving under the influence causing great bodily harm);
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(D) Subdivision (d)(1)(D) of Section 11-501 of
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| the Illinois Vehicle Code (aggravated driving under the influence after a previous reckless homicide conviction);
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(E) Subdivision (d)(1)(F) of Section 11-501 of
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| the Illinois Vehicle Code (aggravated driving under the influence leading to death); or
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(F) Subdivision (d)(1)(J) of Section 11-501 of
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| the Illinois Vehicle Code (aggravated driving under the influence that resulted in bodily harm to a child under the age of 16);
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(7) the defendant is charged with an attempt to
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| commit any charge listed in paragraphs (1) through (6.5), and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or
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(8) the person has a high likelihood of willful
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| flight to avoid prosecution and is charged with:
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(A) Any felony described in subdivisions (a)(1)
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| through (a)(7) of this Section; or
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(B) A felony offense other than a Class 4
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(b) If the charged offense is a felony, as part of the detention hearing, the court shall determine whether there is probable cause the defendant has committed an offense, unless a hearing pursuant to Section 109-3 of this Code has already been held or 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
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| 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) Upon filing, the court shall immediately hold a
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| hearing on the petition unless a continuance is requested. If a continuance is requested and granted, the hearing shall be held within 48 hours of the defendant's first appearance if the defendant is charged with first degree murder or 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 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
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| shall state the grounds upon which it contends the defendant should be denied pretrial release, including the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts or flight risk, as appropriate.
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(2) If the State seeks to file a second or subsequent
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| petition under this Section, the State shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the filing of the previous petition.
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(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
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| that the defendant has committed an offense listed in subsection (a), and
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(2) for offenses listed in paragraphs (1) through (7)
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| of subsection (a), the defendant poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, 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
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| forth in subsection (b) of Section 110-10 of this Article can mitigate (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in paragraphs (1) through (7) of subsection (a), or (ii) the defendant's willful flight for offenses listed in paragraph (8) of subsection (a), and
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(4) for offenses under subsection (b) of Section 407
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| of the Illinois Controlled Substances Act that are subject to paragraph (1) of subsection (a), 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 community, based on the specific articulable facts of the case, and the defendant poses a serious risk to not appear in court as required.
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(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
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| the defendant copies of the 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 prosecutor's possession at the time of the hearing.
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(2) The State or defendant may present evidence at
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| the hearing by way of proffer based upon reliable information.
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(3) The defendant has the right to be represented by
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| 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. Defense counsel shall be given adequate opportunity to confer with the defendant before any hearing at which conditions of release or the detention of the defendant are to be considered, with an accommodation for a physical condition made to facilitate attorney/client consultation. If defense counsel needs to confer or consult with the defendant during any hearing conducted via a two-way audio-visual communication system, such consultation shall not be recorded and shall be undertaken consistent with constitutional protections.
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(3.5) A hearing at which pretrial release may be
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| denied must be conducted in person (and not by way of two-way audio visual communication) unless the accused waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months.
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(4) If the defense seeks to compel the complaining
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| witness to testify 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 only on the issue of the defendant's pretrial detention. 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. The State shall tender to the defendant, prior to the hearing, copies, if any, of the defendant's criminal history, if available, and any written or recorded statements and the substance of any oral statements made by any person, if in the State's Attorney's possession at the time of the hearing.
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(5) The rules concerning the admissibility of
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| 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
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| 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
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| release, and detention prior to trial must be individualized, and no single factor or standard may be used exclusively to order detention. Risk assessment tools may not be used as the sole basis to deny pretrial release.
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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 real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, consider, but
shall not be limited to, evidence or testimony concerning:
(1) The nature and circumstances of any offense
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| 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
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(A) Any evidence of the defendant's prior
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| 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
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| 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
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| 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
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| 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
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(7) Whether the defendant is known to possess or have
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| access to any weapon or weapons.
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(8) Whether, at the time of the current offense or
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| 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
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| 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) make a written finding summarizing the court's
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| reasons for concluding that the defendant should be denied pretrial release, including why less restrictive conditions would not avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or prevent the defendant's willful flight from prosecution;
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(2) direct that the defendant be committed to the
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| 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
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| 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
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| 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 and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or to prevent the defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be entitled to appeal any
order entered under this Section denying his or her pretrial release.
(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) Interest of victims.
(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 a protective order.
(2) If the defendant is denied pretrial release, the court may impose a no contact provision with the victim or other interested party that shall be enforced while the defendant remains in custody.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23 .)
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(725 ILCS 5/110-7.5) Sec. 110-7.5. Previously deposited bail security. (a) On or after January 1, 2023, any person having been previously released pretrial on the condition of the deposit of security shall be allowed to remain on pretrial release under the terms of their original bail bond. This Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6. (b) On or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5. On or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule: (1) For persons charged with offenses under |
| paragraphs (1) through (7) of subsection (a) of Section 110-6.1, the hearing shall be held within 90 days of the person's motion for reconsideration of pretrial release conditions.
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(2) For persons charged with offenses under paragraph
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| (8) of subsection (a) of Section 110-6.1, the hearing shall be held within 60 days of the person's motion for reconsideration of pretrial release conditions.
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(3) For persons charged with all other offenses not
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| listed in subsection (a) of Section 110-6.1, the hearing shall be held within 7 days of the person's motion for reconsideration of pretrial release conditions.
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(c) Processing of previously deposited bail security. The provisions of this Section shall apply to all monetary bonds, regardless of whether they were previously posted in cash or in the form of stocks, bonds, or real estate.
(1) Once security has been deposited and a charge is
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| pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original security in that court or modify the conditions of pretrial release subject to the provisions of Section 110-6.
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(2) After conviction, the court may order that a
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| previously deposited security stand pending appeal, reconsider conditions of release, or deny release subject to the provisions of Section 110-6.2.
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(3) After the entry of an order by the trial court
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| granting or denying pretrial release pending appeal, either party may apply to the reviewing court having jurisdiction or to a justice thereof sitting in vacation for an order modifying the conditions of pretrial release or denying pretrial release subject to the provisions of Section 110-6.2.
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(4) When the conditions of the previously posted bail
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| bond have been performed and the accused has been discharged from all obligations in the cause, the clerk of the court shall return to the accused or to the defendant's designee by an assignment executed at the time the bail amount is deposited, unless the court orders otherwise, 90% of the sum which had been deposited and shall retain as bail bond costs 10% of the amount deposited. However, in no event shall the amount retained by the clerk as bail bond costs be less than $5.
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Notwithstanding the foregoing, in counties with a
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| population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100. Bail bond deposited by or on behalf of a defendant in one case may be used, in the court's discretion, to satisfy financial obligations of that same defendant incurred in a different case due to a fine, court costs, restitution or fees of the defendant's attorney of record. In counties with a population of 3,000,000 or more, the court shall not order bail bond deposited by or on behalf of a defendant in one case to be used to satisfy financial obligations of that same defendant in a different case until the bail bond is first used to satisfy court costs and attorney's fees in the case in which the bail bond has been deposited and any other unpaid child support obligations are satisfied.
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In counties with a population of less than 3,000,000,
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| the court shall not order bail bond deposited by or on behalf of a defendant in one case to be used to satisfy financial obligations of that same defendant in a different case until the bail bond is first used to satisfy court costs in the case in which the bail bond has been deposited.
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At the request of the defendant, the court may order
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| such 90% of the defendant's bail deposit, or whatever amount is repayable to the defendant from such deposit, to be paid to defendant's attorney of record.
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(5) If there is an alleged violation of the
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| conditions of pretrial release in a matter in which the defendant has previously deposited security, the court having jurisdiction shall follow the procedures for revocation of pretrial release or sanctions set forth in Section 110-6. The previously deposited security shall be returned to the defendant following the procedures of paragraph (4) of subsection (a) of this Section once the defendant has been discharged from all obligations in the cause.
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(6) If security was previously deposited for failure
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| to appear in a matter involving enforcement of child support or maintenance, the amount of the cash deposit on the bond, less outstanding costs, may be awarded to the person or entity to whom the child support or maintenance is due.
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(7) After a judgment for a fine and court costs or
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| either is entered in the prosecution of a cause in which a deposit of security was previously made, the balance of such deposit shall be applied to the payment of the judgment.
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(Source: P.A. 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release.
(a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will:
(1) Appear to answer the charge in the court having |
| jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;
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(2) Submit himself or herself to the orders and
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(3) (Blank);
(4) Not violate any criminal statute of any
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(5) At a time and place designated by the court,
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| surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Illinois State Police; all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and
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(6) At a time and place designated by the court,
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| submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 and that violation 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.
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Psychological evaluations ordered pursuant to this Section shall be completed
promptly
and made available to the State, the defendant, and the court. As a further
condition of pretrial release under
these circumstances, the court shall order the defendant to refrain from
entering upon the
property of the school, including 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. Upon receipt of the psychological evaluation,
either the State or the defendant may request a change in the conditions of pretrial release, pursuant to
Section 110-6 of this Code. The court may change the conditions of pretrial release to include a
requirement that the defendant follow the recommendations of the psychological evaluation,
including undergoing psychiatric treatment. The conclusions of the
psychological evaluation and
any statements elicited from the defendant during its administration are not
admissible as evidence
of guilt during the course of any trial on the charged offense, unless the
defendant places his or her
mental competency in issue.
(b) Additional conditions of release shall be set only when it is determined that they are necessary to ensure the defendant's appearance in court, ensure the defendant does not commit any criminal offense, ensure the defendant complies with all conditions of pretrial release,
prevent the defendant's unlawful interference with the orderly administration
of justice, or ensure compliance with the rules and procedures of problem solving courts. However, conditions shall include the least restrictive means and be individualized. Conditions shall not mandate rehabilitative services unless directly tied to the risk of pretrial misconduct. Conditions of supervision shall not include punitive measures such as community service work or restitution. Conditions may include the following:
(0.05) Not depart this State without leave of the
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(1) Report to or appear in person before such person
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| or agency as the court may direct;
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(2) Refrain from possessing a firearm or other
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(3) Refrain from approaching or communicating with
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| particular persons or classes of persons;
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(4) Refrain from going to certain described
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| geographic areas or premises;
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(5) Be placed under direct supervision of the
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| Pretrial Services Agency, Probation Department or Court Services Department in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;
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(6) For persons charged with violating Section 11-501
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| of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1-129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices. Under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;
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(7) Comply with the terms and conditions of an order
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| of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;
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(8) Sign a written admonishment requiring that he or
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| she 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 record with the clerk of the court; and
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(9) Such other reasonable conditions as the court may
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| impose, so long as these conditions are the least restrictive means to achieve the goals listed in subsection (b), are individualized, and are in accordance with national best practices as detailed in the Pretrial Supervision Standards of the Supreme Court.
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The defendant shall receive verbal and written notification of conditions of pretrial release and future court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a
minor under 18 years of age living in the same household with the defendant
at the time of the offense, in releasing the defendant, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not limited to
conditions that he will:
1. Vacate the household.
2. Make payment of temporary support to his
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3. Refrain from contact or communication with the
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| child victim, except as ordered by the court.
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(d) When a person is charged with a criminal offense and the victim is
a family or household member as defined in Article 112A, conditions shall
be imposed at the time of the defendant's release that restrict the
defendant's access to the victim.
Unless provided otherwise by the court, the
restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the
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| victim for a minimum period of 72 hours following the defendant's release; and
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(2) refrain from entering or remaining at the
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| victim's residence for a minimum period of 72 hours following the defendant's release.
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(e) Local law enforcement agencies shall develop standardized pretrial release forms
for use in cases involving family or household members as defined in
Article 112A, including specific conditions of pretrial release as provided in
subsection (d). Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and enforcement of
subsections (d) and (f).
(f) If the defendant is released after conviction following appeal or other post-conviction proceeding, the
conditions of the pretrial release shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
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(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
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| the court may impose; and
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(5) If the judgment is affirmed or the cause reversed
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| and remanded for a new trial, forthwith surrender to the officer from whose custody he was released.
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(g) Upon a finding of guilty for any felony offense, the defendant shall
physically surrender, at a time and place designated by the court,
any and all firearms in his or her possession and his or her Firearm Owner's
Identification Card as a condition of being released pending sentencing.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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