What Is Pretrial Release in Illinois?

The Short Answer

It depends on the charge and the facts. Illinois abolished ordinary monetary bail and generally starts from a presumption that a person charged with an offense is eligible for pretrial release. In some cases, however, the State may ask the court to impose conditions or deny release after the required hearing and findings.

Does Illinois Still Use Cash Bail?

For most Illinois criminal cases, no. Illinois law abolished the requirement of posting monetary bail. That does not mean every person is automatically released without conditions, and it does not prevent detention in the categories of cases where the statute permits the State to seek it.

Is Pretrial Release Presumed?

Yes. Illinois law provides that all persons charged with an offense are eligible for pretrial release before conviction and presumes that a defendant is entitled to release on personal recognizance, subject to the statutory conditions and any other lawful conditions imposed by the court.

When Can the State Seek Detention?

Only in circumstances authorized by Illinois law. The State must file the required petition and carry the burden imposed by statute. The court then considers the evidence and whether legally permitted conditions could address the concerns identified in the case.

What Kinds of Conditions Can Be Ordered?

Conditions vary with the case. They can address court attendance, contact with particular people, travel, weapons, substance use, electronic monitoring or other concerns permitted by law. The specific conditions depend on the alleged offense and the facts before the court.

Can Release Conditions Change Later?

Sometimes. Illinois law provides procedures for modification, sanctions or revocation in certain circumstances. A later arrest, an alleged violation of release conditions or new information can affect the analysis, but the applicable procedure depends on the situation.

Bottom Line

Illinois pretrial release is not simply “cash bail without cash.” It is a statutory process that can involve release on recognizance, conditions, or detention after a hearing in eligible cases. A criminal-defense attorney can review the charge, the State’s petition, the evidence and the conditions actually at issue in a particular case.