Bill Text: IL SB3906 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-02-06 - Referred to Assignments [SB3906 Detail]

Download: Illinois-2025-SB3906-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3906 Introduced 2/6/2026, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-6 from Ch. 38, par. 110-6
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes.
LRB104 19606 RLC 33055 b
A BILL FOR
SB3906 LRB104 19606 RLC 33055 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6 and 110-6.1 as follows:
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Revocation of pretrial release, modification
of conditions of pretrial release, and sanctions for
violations of conditions of pretrial release.
(a) When a defendant previously granted pretrial release
under this Section is charged with violation of a felony or
Class A misdemeanor committed while on pretrial release, upon
the filing of a petition or a motion by the State or the court,
the court shall order the revocation of the defendant's
pretrial release. When a defendant has previously been granted
pretrial release under this Section for a felony or Class A
misdemeanor, that pretrial release may be revoked only if the
defendant is charged with a felony or Class A misdemeanor that
is alleged to have occurred during the defendant's pretrial
release after a hearing on the court's own motion or upon the
filing of a verified petition by the State.
(a-5) When a defendant previously granted pretrial release
under this Section is charged with violation of a Class B or C

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misdemeanor committed while on pretrial release, the State may
seek revocation of the defendant's pretrial release under the
provisions of this Section.
When a defendant released pretrial is charged with a
violation of a protective order or was previously convicted of
a violation of a protective order and the subject of the
protective order is the same person as the victim in the
current underlying matter, the State shall file a verified
petition seeking revocation of pretrial release.
When a defendant released pretrial is charged with a
violation of any criminal offense committed while on pretrial
release, the State may seek revocation of the defendant's
pretrial release under the provisions of this Section.
Upon the filing of a petition or upon motion of the court
seeking revocation, the court shall order the transfer of the
defendant and the petition or motion to the court before which
the previous matter felony or Class A misdemeanor is pending.
The defendant may be held in custody pending transfer to and a
hearing before such court. The defendant shall be transferred
to the court before which the previous matter is pending
without unnecessary delay, and the revocation hearing shall
occur within 72 hours of the filing of the State's petition or
the court's motion for revocation.
A hearing at which pretrial release may be revoked must be
conducted in person (and not by way of two-way audio-visual
communication) unless the accused waives the right to be

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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.
When a defendant previously granted pretrial release under
this Section is charged with violation of a Class B or C
misdemeanor committed while on pretrial release, the The court
before which the previous felony matter or Class A misdemeanor
is pending may revoke the defendant's pretrial release after a
hearing. During the hearing for revocation, the defendant
shall be represented by counsel and have an opportunity to be
heard regarding the violation and evidence in mitigation. The
court shall consider all relevant circumstances, including,
but not limited to, the nature and seriousness of the
violation or criminal act alleged and the defendant's criminal
history. The State shall bear the burden of proving, by clear
and convincing evidence, that no condition or combination of
conditions of release would reasonably ensure the appearance
of the defendant for later hearings or prevent the defendant
from being charged with a subsequent criminal offense felony

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or Class A misdemeanor.
In lieu of revocation, the court may release the defendant
pre-trial, with or without modification of conditions of
pretrial release.
If the case that caused the revocation is dismissed, the
defendant is found not guilty in the case causing the
revocation, or the defendant completes a lawfully imposed
sentence on the case causing the revocation, the court shall,
without unnecessary delay, hold a hearing on conditions of
pretrial release pursuant to Section 110-5 and release the
defendant with or without modification of conditions of
pretrial release only if the defendant was previously granted
pretrial release under this Section and was charged with
violation of a Class B or C misdemeanor committed while on
pretrial release.
Both the State and the defendant may appeal an order
revoking pretrial release or denying a petition for revocation
of release.
(b) (Blank). If a defendant previously has been granted
pretrial release under this Section for a Class B or Class C
misdemeanor offense, a petty or business offense, or an
ordinance violation and if the defendant is subsequently
charged with a felony that is alleged to have occurred during
the defendant's pretrial release or a Class A misdemeanor
offense that is alleged to have occurred during the
defendant's pretrial release, such pretrial release may not be

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revoked, but the court may impose sanctions under subsection
(c).
(c) When a defendant previously granted pretrial release
under this Section is charged with violation of a Class B or C
misdemeanor committed while on pretrial release, the The court
shall follow the procedures set forth in Section 110-3 to
ensure the defendant's appearance in court if the defendant:
(1) fails to appear in court as required by the
defendant's conditions of release;
(2) is charged with a criminal felony or Class A
misdemeanor offense that is alleged to have occurred
during the defendant's pretrial release after having been
previously granted pretrial release for a Class B or Class
C misdemeanor, a petty or business offense, or an
ordinance violation that is alleged to have occurred
during the defendant's pretrial release;
(3) (blank); or is charged with a Class B or C
misdemeanor offense, petty or business offense, or
ordinance violation that is alleged to have occurred
during the defendant's pretrial release; or
(4) violates any other condition of pretrial release
set by the court.
In response to a violation described in this subsection,
the court may issue a warrant specifying that the defendant
must appear before the court for a hearing for sanctions and
may not be released by law enforcement before that appearance.

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(d) When a defendant appears in court pursuant to a
summons or warrant issued in accordance with Section 110-3 or
after being arrested for an offense that is alleged to have
occurred during the defendant's pretrial release, the State
may file a verified petition requesting a hearing for
sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The State
shall bear the burden of proving by clear and convincing
evidence that:
(1) the defendant committed an act that violated a
term of the defendant's pretrial release;
(2) the defendant had actual knowledge that the
defendant's action would violate a court order;
(3) the violation of the court order was willful; and
(4) the violation was not caused by a lack of access to
financial monetary resources.
(f) Sanctions for violations of pretrial release may
include:
(1) a verbal or written admonishment from the court;
(2) imprisonment in the county jail for a period not
exceeding 30 days;
(3) (Blank); or
(4) a modification of the defendant's pretrial
conditions.

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(g) The court may, at any time, after motion by either
party or on its own motion, remove previously set conditions
of pretrial release, subject to the provisions in this
subsection. The court may only add or increase conditions of
pretrial release at a hearing under this Section.
The court shall not remove a previously set condition of
pretrial release regulating contact with a victim or witness
in the case, unless the subject of the condition has been given
notice of the hearing as required in paragraph (1) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act. If the subject of the condition of release
is not present, the court shall follow the procedures of
paragraph (10) of subsection (c-1) of the Rights of Crime
Victims and Witnesses Act.
(h) Crime victims shall be given notice by the State's
Attorney's office of all hearings under this Section as
required in paragraph (1) of subsection (b) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act and shall be
informed of their opportunity at these hearings to obtain a
protective order.
(i) Nothing in this Section shall be construed to limit
the State's ability to file a verified petition seeking denial
of pretrial release under subsection (a) of Section 110-6.1 or
subdivision (d)(2) of Section 110-6.1.
(j) At each subsequent appearance of the defendant before
the court, the judge must find that continued detention under

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this Section is necessary to reasonably ensure the appearance
of the defendant for later hearings or to prevent the
defendant from being charged with a subsequent criminal
offense felony or Class A misdemeanor.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(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;
(1.5) 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, and the defendant is charged with a forcible
felony, which as used in this Section, means treason,
first degree murder, second degree murder, predatory

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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, kidnapping 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;
(2) the defendant is charged with stalking or
aggravated stalking, and it is alleged that the
defendant's pre-trial release poses a real and present
threat to the 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;
(3) the defendant is charged with a violation of an
order of protection issued under Section 112A-14 of this
Code or Section 214 of the Illinois Domestic Violence Act
of 1986, a stalking no contact order under Section 80 of
the Stalking No Contact Order Act, or 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
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;
(5) the defendant is charged with any offense under
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;
(6) the defendant is charged with any of the 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:
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-1.2-5 (aggravated discharge of a
machine gun or a firearm equipped with a device

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designed or used for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (unlawful possession of a
firearm by a repeat felony offender);
(E) Section 24-2.2 (manufacture, sale, or transfer
of bullets or shells represented to be armor piercing
bullets, dragon's breath shotgun shells, bolo shells,
or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 (unlawful purchase of a
firearm);
(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 servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful
possession of weapons by felons or persons in the

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Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful possession
of a weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);
(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) the defendant is charged with any of the
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:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the

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Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);
(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child
under the age of 16);
(7) the defendant is charged with an attempt to 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
(8) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in subdivisions (a)(1)

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through (a)(7) of this Section; or
(B) A felony offense other than a Class 4 offense.
(a-5) A court shall deny a defendant charged with a Class X
felony pretrial release only if:
(1) the offense with which the defendant has been
charged is not specifically enumerated in subsection (a)
of this Section; and
(2) prior to denial of pretrial release under this
subsection (a-5), the court has determined there is
probable cause the defendant has committed a Class X
felony, pursuant to subsection (b) of this Section.
(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
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

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petition is pending before the court, the defendant if
previously released shall not be detained.
(2) Upon filing, the court shall immediately hold a
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.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
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.
(2) If the State seeks to file a second or subsequent
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 that
the defendant has committed an offense listed in
subsection (a), and
(2) for offenses listed in paragraphs (1) through (7)
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
(3) no condition or combination of conditions set
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
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject
to paragraph (1) of subsection (a), no condition or

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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.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
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.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State. 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

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attorney/client consultation. If defense counsel needs to
confer or consult with the defendant during any hearing
conducted via a 2-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of 2-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.
(4) If the defense seeks to compel the complaining
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

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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.
(5) The rules concerning the admissibility of evidence
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted

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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.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of
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.
(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
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant

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including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive, or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat.
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them.
(5) The age and physical condition of the defendant.
(6) The age and physical condition of any victim or
complaining witness.
(7) Whether the defendant is known to possess or have
access to any weapon or weapons.
(8) Whether, at the time of the current offense or any
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release,
or other release from custody pending trial, sentencing,

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appeal, or completion of sentence for an offense under
federal or State law.
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) make a written finding summarizing the court's
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;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.

SB3906 - 23 - LRB104 19606 RLC 33055 b
(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

SB3906 - 24 - LRB104 19606 RLC 33055 b
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. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)