Bill Amendment: IL HB3347 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ABOLISH MONETARY BAIL

Status: 2020-12-22 - Added Co-Sponsor Rep. Ann M. Williams [HB3347 Detail]

Download: Illinois-2019-HB3347-House_Amendment_001.html

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Rep. Justin Slaughter

Filed: 3/20/2019

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AMENDMENT TO HOUSE BILL 3347
AMENDMENT NO. ______. Amend House Bill 3347 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Criminal Justice Information Act
is amended by adding Sections 7.7 and 7.8 as follows:
(20 ILCS 3930/7.7 new)
Sec. 7.7. Pretrial Order Report.
(a) The Authority shall produce a monthly Pretrial Order
Report for the circuit court of each county with aggregated
data about the initial pretrial release hearings completed in
each county within the previous month. The Authority shall
collect the data needed for the Report and shall provide a data
submission form for the clerks of the circuit courts and the
sheriffs of each county to use for their submissions.
(b) The Authority shall post each county's monthly Pretrial
Order Report and Pretrial Custody and Release Report on the

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Authority's website on a monthly basis and those reports shall
remain on the website for at least 5 years after being posted.
(c) The monthly Pretrial Order Report for the circuit court
of each county shall include the total number of initial
pretrial bond hearings conducted in that county, and of those
hearings:
(1) The number of hearings in which the court ordered
release on personal recognizance. Of the number of hearings
in which the court ordered release on personal
recognizance, the Report shall include the following:
(A) the number of hearings in which the court
ordered release on personal recognizance without any
of the other conditions under subsection (b) of Section
110-10 of the Code of Criminal Procedure of 1963;
(B) the number of hearings in which the court
ordered release on personal recognizance with any
other conditions under subsection (b) of Section
110-10 of the Code of Criminal Procedure of 1963;
(C) the number of hearings in which the court
ordered release on personal recognizance with the
condition under paragraph (12) of subsection (b) of
Section 110-10 of the Code of Criminal Procedure of
1963;
(D) the number of hearings in which the court
ordered release on personal recognizance with the
condition of electronic monitoring;

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(E) the number of hearings in which the court
ordered release on personal recognizance with the
condition under paragraph (14) of subsection (b) of
Section 110-10 of the Code of Criminal Procedure of
1963 or a sheriff's office; and
(F) the number of hearings in which the court
ordered release on personal recognizance with the
condition under paragraph (16) of subsection (b) of
Section 110-10 of the Code of Criminal Procedure of
1963.
(2) The number of hearings in which the court denied
bail and ordered detention.
(3) Anonymously by judge, the number of bail orders by
type:
(A) release on personal recognizance;
(B) release on personal recognizance with
electronic monitoring as a condition of release under
Section 110-10 of the Code of Criminal Procedure of
1963; and
(C) denied bail.
(20 ILCS 3930/7.8 new)
Sec. 7.8. Pretrial Custody and Release Report.
(a) The Authority shall produce a monthly Pretrial Custody
and Release Report for each county with aggregated data about
the individuals in jail custody awaiting trial or on electronic

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monitoring awaiting trial in each county within the previous
month. The Authority shall collect data needed for the Report
from county sheriffs and shall provide a data submission form
for the sheriffs to use for their submissions. The Authority
shall post each county's monthly Report on the Authority's
website on a monthly basis and the Report shall remain on the
website for at least 5 years after being posted.
(b) The monthly Pretrial Custody and Release Report shall
record the following pretrial admissions data for defendants
admitted into the sheriff's custody during the previous month:
(1) the number of defendants admitted to jail, broken
down by demographic variables including race or ethnicity,
age, and sex;
(2) the number of defendants admitted whose most
serious current charge is a forcible felony as defined
under Section 2-8 of the Criminal Code of 2012;
(3) the number of defendants admitted whose most
serious current charge is a felony;
(4) the number of defendants admitted whose most
serious current charge is a misdemeanor; and
(5) the number of defendants who were denied bail.
(c) The monthly Pretrial Custody and Release Report shall
record the following jail population data as of the last day of
the prior month:
(1) the total jail population, broken down by
demographic variables including race or ethnicity, age,

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and sex;
(2) the number of individuals detained in jail pretrial
and the number of individuals detained in jail for all
other reasons;
(3) the number of defendants admitted whose most
serious current charge is a forcible felony as defined
under Section 2-8 of the Criminal Code of 2012;
(4) the number of individuals detained in jail pretrial
whose most serious current charge is a felony;
(5) the number of individuals detained in jail pretrial
whose most serious current charge is a misdemeanor; and
(6) the total pretrial jail population by average and
median length in custody.
(d) The monthly Pretrial Custody and Release Report shall
record the following discharge data for pretrial defendants
released from the sheriff's custody during the previous month:
(1) the number of pretrial defendants discharged by the
following disposition types:
(A) convicted of a felony and sent to the Illinois
Department of Corrections;
(B) convicted of a misdemeanor and released on time
served;
(C) convicted of a felony or misdemeanor and given
a sentence of probation, conditional discharge, or
supervision;
(D) released on personal recognizance bond or

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electronic monitoring;
(E) released under earned credit, as defined in
Section 110-14 of the Code of Criminal Procedure of
1963;
(F) charged dismissed or any other non-conviction
resolution, including, but not limited to, deferred
prosecution;
(2) the average and median length of stay of pretrial
defendants; and
(3) the number of individuals discharged after
spending 2 days or less in jail.
(e) The monthly Pretrial Custody and Release Report shall
record the following data from the sheriff's electronic
monitoring program as of the last day of the prior month:
(1) the total number of individuals under the sheriff's
supervision on electronic monitoring;
(2) the demographics of the individuals on electronic
monitoring including breakdowns of race or ethnicity, age,
and sex;
(3) the number of individuals on electronic monitoring
whose most serious current charge is a felony;
(4) the number of individuals on electronic monitoring
whose most serious current charge is a misdemeanor; and
(5) the average and median length of time spent on
electronic monitoring.
(f) In order to determine the effectiveness of pretrial

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release policies, the monthly Pretrial Custody and Release
Report shall include information about defendants released
from custody while awaiting trial. The Report shall include the
following data for the previous month:
(1) the number of pretrial defendants released within
24 hours of the bail hearing;
(2) the number of pretrial defendants released during
the month prior to the reporting month, and of those
defendants:
(A) the number of defendants who failed to appear
at least one court hearing within 30 days of their
release;
(B) the number of defendants who had at least one
new charge within 30 days of their release with the
most serious new charge being a misdemeanor or traffic
offense;
(C) the number of defendants who had at least one
new charge within 30 days of their release with the
most serious new charge being a felony; and
(D) the number of defendants who had at least one
new charge within 30 days of their release with the
most serious new charge being a forcible felony as
defined under Section 2-8 of the Criminal Code of 2012;
(3) the number of pretrial defendants released during
the month 180 days prior to the reporting month, and of
those defendants:

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(A) the number of defendants who failed to appear
at least one court hearing within 180 days of their
release;
(B) the number of defendants who had at least one
new charge within 180 days of their release with the
most serious new charge being a misdemeanor or traffic
offense;
(C) the number of defendants who had at least one
new charge within 180 days of their release with the
most serious new charge being a felony;
(D) the number of defendants who had at least one
new charge within 30 days of their release with the
most serious new charge being a forcible felony as
defined under Section 2-8 of the Criminal Code of 2012;
and
(4) the number of pretrial defendants released during
the month that fell one year prior to the reporting month,
and of those defendants:
(A) the number of defendants who failed to appear
at least one court hearing within one year of their
release;
(B) the number of defendants who had at least one
new charge within one year of their release with the
most serious new charge being a misdemeanor or traffic
offense;
(C) the number of defendants who had at least one

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new charge within one year of their release with the
most serious new charge being a felony; and
(D) the number of defendants who had at least one
new charge within 30 days of their release with the
most serious new charge being a forcible felony as
defined under Section 2-8 of the Criminal Code of 2012.
Section 10. The Counties Code is amended by adding Sections
3-6041 and 3-6403 as follows:
(55 ILCS 5/3-6041 new)
Sec. 3-6041. Sheriff and county clerk data submission. Each
month, the sheriff, or the sheriff in consultation with the
clerk of the court of each county, shall submit to the Illinois
Criminal Justice Information Authority a data set with
information needed for the Illinois Criminal Justice
Information Authority to complete the report described in
Section 7.7 of the Illinois Criminal Justice Information Act.
The sheriff, or the sheriff in consultation with the clerk of
the court, shall submit the data in the form specified by the
Illinois Criminal Justice Information Authority.
(55 ILCS 5/3-6403 new)
Sec. 3-6403. Sheriff data submission for Pretrial Custody
and Release Reports. Each month, the sheriff of each county
shall submit to the Illinois Criminal Justice Information

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Authority a data set with information needed for the Illinois
Criminal Justice Information Authority to complete the report
described in Section 7.8 of the Illinois Criminal Justice
Information Act. The sheriff shall submit the data in the form
specified by the Illinois Criminal Justice Information
Authority.
Section 15. The Clerks of Courts Act is amended by adding
Section 30 as follows:
(705 ILCS 105/30 new)
Sec. 30. Report to Illinois Criminal Justice Information
Authority. Each month, the clerk of the circuit court of each
county shall submit to the Illinois Criminal Justice
Information Authority a data set with information needed for
the Illinois Criminal Justice Information Authority to
complete the reports described in Sections 7.7 and 7.8 of the
Illinois Criminal Justice Information Act. The clerk of the
circuit court shall submit the data in the form specified by
the Illinois Criminal Justice Information Authority.
Section 20. The Criminal Code of 2012 is amended by
changing Section 32-10 as follows:
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pre-trial release

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bail bond.
(a) Whoever, having been released under conditions of
pre-trial release admitted to bail for appearance before any
court of this State, incurs a violation of conditions of
pre-trial release forfeiture of the bail and knowingly fails to
surrender himself or herself within 30 days following the date
of the violation forfeiture, commits, if the conditions of
pre-trial bail was given in connection with a charge of felony
or pending appeal or certiorari after conviction of any
offense, a Class A misdemeanor if the underlying offense is a
felony. If a felony of the next lower Class or a Class A
misdemeanor if the underlying offense was a Class 4 felony; or,
if the conditions of pre-trial release were bail was given in
connection with a charge of committing a misdemeanor, or for
appearance as a witness, commits a misdemeanor of the next
lower Class, but not less than a Class C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pre-trial release bail bond by possessing a firearm in
violation of his or her conditions of pre-trial release bail
commits a Class 4 felony for a first violation and a Class 3
felony for a second or subsequent violation.
(b) Whoever, having been admitted to release under
conditions of pre-trial release bail for appearance before any
court of this State, while charged with a criminal offense in
which the victim is a family or household member as defined in
Article 112A of the Code of Criminal Procedure of 1963,

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knowingly violates a condition of that release as set forth in
Section 110-10, subsection (d) of the Code of Criminal
Procedure of 1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to release under
conditions of pre-trial release bail for appearance before any
court of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family or household
member as defined in Article 112A of the Code of Criminal
Procedure of 1963, is charged with any other felony, Class A
misdemeanor, or a criminal offense in which the victim is a
family or household member as defined in Article 112A of the
Code of Criminal Procedure of 1963 while on this release, must
appear before the court before bail is statutorily set.
(d) Nothing in this Section shall interfere with or prevent
the exercise by any court of its power to punishment for
contempt. Any sentence imposed for violation of this Section
shall be served consecutive to the sentence imposed for the
charge for which bail had been granted and with respect to
which the defendant has been convicted.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 25. The Code of Criminal Procedure of 1963 is
amended by changing Sections 109-1, 110-1, 110-2, 110-3, 110-4,
110-5, and 110-5.1 and by adding Section 110-1.5 as follows:
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)

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Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance.
(a) A person arrested with or without a warrant on an
offense for which pre-trial release may be denied, unless
released by the arresting officer 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. An arresting officer may release a person arrested on an
offense for which pre-trial release may be denied, other than
first degree murder, attempted first degree murder, or violent
sexual offense, without an appearance before a judge if release
of the person is in the public interest. 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 pre-trial release bail to the defendant
may not be conducted by way of closed circuit television.
(a-3) A person arrested with or without a warrant on an
offense for which pre-trial release may not be denied shall,
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 or a personal
recognizance bond that may be conditioned on a promise to pay a

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sum, as set by Supreme Court Rule, for willful failure to
appear.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pre-trial release 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.
(a-7) A presumption in favor of pre-trial release of a
person shall be applied by an arresting officer in the exercise
of his or her discretion under this Section.
(b) Upon initial appearance of a person before the court,
the The judge shall:
(1) inform Inform the defendant of the charge against
him and shall provide him with a copy of the charge;
(2) advise 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;
(3) schedule Schedule a preliminary hearing in
appropriate cases;
(4) release or detain the defendant under Admit the
defendant to bail in accordance with the provisions of
Article 110 of this Code; and

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(5) order 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.
(b-5) A presumption in favor of pre-trial release of a
person shall be applied by a judge in exercising his or her
discretion under this Section.
(c) The court may issue an order of protection in
accordance with 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.

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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 bail is 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.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
eff. 1-1-18.)
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions.
(a) "Bail" means a security, which may include a bond
without monetary conditions, required by a court for the
release of a person in custody set to provide reasonable
assurance of public safety and court appearance. "Security" is
that which is required to be pledged to insure the payment of
bail.
(a-5) "Forcible felony" has the meaning ascribed to the
term in Section 2-8 of the Criminal Code of 2012.
(b) "Sureties" encompasses the monetary and nonmonetary

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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.)
(725 ILCS 5/110-1.5 new)
Sec. 110-1.5. Abolishment of monetary bail. Under this
amendatory Act of the 101st General Assembly, the requirement
of posting monetary bail is abolished, except as provided in
the Uniform Criminal Extradition Act which is a compact that
has been entered into between this State and its sister states.
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance. It should be
presumed that a defendant is entitled to release on personal
recognizance on the condition that he or she attend all

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required court proceedings and the defendant does not commit
any criminal offense. Detention or additional conditions
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. If the court deems
that the defendant is to be released on personal recognizance,
the court may require 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 that a written
admonishment be signed by the defendant requiring to the
defendant that he or she must comply with the provisions of
Section 110-12 of this Code. The 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
conditions of pre-trial release 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

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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 pre-trial release
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.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Issuance of warrant. Upon failure of a person
to comply with any condition of pre-trial release a bail bond
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 found in contempt of court or subject to revocation or
forfeiture of pre-trial release. 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 or

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forfeiture of pre-trial release. A certified copy of the order
shall be served upon the person at least 48 hours in advance of
the scheduled hearing. 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 pre-trial release bail or
his or her own recognizance. 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 pre-trial release
or issuing a warrant for the person. When a defendant is at
liberty on pre-trial release 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 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 pre-trial release bail and to deliver such
person before the court for further proceedings. The court may
not revoke pre-trial release and order the defendant detained
pending trial unless, after considering all relevant
circumstances including, but not limited to, the nature and
seriousness of the violation or criminal act alleged, 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 and protect

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the integrity of the judicial proceedings from a specific
threat to a witness or participant. 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.)
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses for which pre-trial release
may be denied.
(a) All persons shall be presumed to be subject to release
bailable before conviction, but the presumption may be overcome
by clear and convincing evidence for except the following
offenses where the proof is evident or the presumption great
that the defendant is guilty of the offense:
(1) capital offenses;
(2) offenses for which a sentence of life imprisonment
may be imposed as a consequence of conviction;
(3) forcible 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;
(4) a forcible felony without mandatory imprisonment

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as a consequence of a conviction of 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 release bail is necessary to prevent
fulfillment of the threat upon which the charge is based;
or
(5) 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 or felony
unlawful use of weapons, 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 release bail is necessary to prevent
fulfillment of that threat; or
(6) 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 release bail is necessary to prevent

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fulfillment of that threat; or
(7) a felony other than a forcible felony, if 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
that denial of release is necessary to prevent fulfillment
of the threat upon which that charge is based.
(b) (Blank). 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 pre-trial release 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 to overcome by clear and convincing evidence
that no condition or combination of conditions short of
detention could protect the community and preserve the
integrity of the judicial proceedings from an articulable
threat to a witness or participant.
(d) When it is alleged that pre-trial release 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

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the State.
(e) If pre-trial release is denied, the court must issue in
writing a statement of reasons explaining the specific risks
posed by the person and findings of fact concerning why no
condition or combination of conditions could reasonably
mitigate those risks.
(f) If pre-trial release is denied, the defendant shall be
granted the right to an appeal upon motion of the defendant.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of pre-trial release.
(a) In determining the amount of monetary bail or
conditions of pre-trial 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
pre-trial release bail, the court may shall, on the basis of
available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(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

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defendant, including:
(A) the eligible defendant's character, physical
and mental condition, family ties, employment,
financial resources, length of residence in the
community, community ties, past conduct, history
relating to drug or alcohol abuse, criminal history,
and record concerning appearance at court proceedings;
and
(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 danger to any
other person or the community that would be posed by the
eligible defendant's release, if applicable;
(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; and
(6) the release recommendation of the pretrial
services program obtained using a risk assessment
instrument under subsection (b-5) of Section 110-5.1. 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

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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,

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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

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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

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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

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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.
(a-10) Access to money shall not be a factor in what
conditions are made available to the defendant nor shall
inability to pay fees or costs prevent a defendant from being
eligible for or accessing the least restrictive conditions
ordered by the court.
(b) (Blank). 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.
(2) Not oppressive.
(3) Considerate of the financial ability of the

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accused.
(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.
(b-5) (Blank). 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:

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(1) the background, character, reputation, and
relationship to the accused of any surety; and
(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
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
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 of disapproving the
bail.
(c) (Blank). 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.

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(d) (Blank). 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) (Blank). 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;
(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

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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 alleged
victim or a termination of the relationship between the
person and the alleged victim has recently occurred or is
pending;
(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;
(11) whether the person has expressed suicidal or
homicidal ideations;
(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 pre-trial
release 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 pre-trial release 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.)
(725 ILCS 5/110-5.1)

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Sec. 110-5.1. Pre-trial release 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 conditions of pre-trial release 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

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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 determining conditions of
pre-trial release setting bail for a person who appears before
the court under 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
other person;
(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

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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
homicidal ideations;
(11) any information contained in the complaint and any
police reports, affidavits, or other documents
accompanying the complaint.
(b-5) The court may use a regularly validated risk
assessment tool to determine conditions of release. Risk
assessment tools may not be used as the basis to deny pre-trial
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

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validity of a risk assessment tool used by the court and to
present evidence relevant to the defendant's challenge.
(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 determining conditions of pre-trial
release 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.
(c-5) The pre-trial release hearing may be reopened before
or after a determination by the court under this Section before
trial begins at the request of the defendant if 2 court days

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notice is given to the State.
(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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".