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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5249

Introduced 2/10/2026, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

20 ILCS 3930/7.7
725 ILCS 5/110-6.1

from Ch. 38, par. 110-6.1

Amends the Illinois Criminal Justice Information Act. Provides that
the quarterly data collected by the Pretrial Practices Data Oversight
Board shall include the identity of the judges who preside over the
pretrial detention hearings and the number of detention petitions each
judge grants and denies. Amends the Code of Criminal Procedure of 1963.
Provides that the court shall, in any order denying detention, make a
written finding summarizing the court's reasons for concluding that the
defendant should not be denied pretrial release, including why the
defendant has been determined not to be 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 that the defendant does not have a high
likelihood of willful flight from prosecution.
LRB104 17141 RLC 30560 b

A BILL FOR

HB5249
LRB104 17141 RLC 30560 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Criminal Justice Information Act
5
is amended by changing Section 7.7 as follows:

6

(20 ILCS 3930/7.7)
7

Sec. 7.7.
Pretrial data collection.
8

(a) The Administrative Director of the Administrative
9
Office of the Illinois Courts shall convene an oversight board
10
to be known as the Pretrial Practices Data Oversight Board to
11
oversee the collection and analysis of data regarding pretrial
12
practices in circuit court systems. The Board shall include,
13
but is not limited to, designees from the Administrative
14
Office of the Illinois Courts, the Illinois Criminal Justice
15
Information Authority, and other entities that possess
16
knowledge of pretrial practices and data collection issues.
17
Members of the Board shall serve without compensation.
18

(b) The Oversight Board shall:
19

(1) identify existing pretrial data collection
20

processes in local jurisdictions;
21

(2) define, gather and maintain records of pretrial
22

data relating to the topics listed in subsection (c) from
23

circuit clerks' offices, sheriff's departments, law

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1

enforcement agencies, jails, pretrial departments,
2

probation department, prosecutors' offices, public
3

defenders' offices and other applicable criminal justice
4

system agencies;
5

(3) identify resources necessary to systematically
6

collect and report data related to the topics listed in
7

subsection (c); and
8

(4) develop a plan to implement data collection
9

processes sufficient to collect data on the topics listed
10

in subsection (c) no later than one year after July 1, 2021
11

(the effective date of Public Act 101-652). The plan and,
12

once implemented, the reports and analysis shall be
13

published and made publicly available on the
14

Administrative Office of the Illinois Courts (AOIC)
15

website.
16

(c) The Pretrial Practices Data Oversight Board shall
17
develop a strategy to collect quarterly, county-level data on
18
the following topics; which collection of data shall begin
19
starting one year after July 1, 2021 (the effective date of
20
Public Act 101-652):
21

(1) information on all persons arrested and charged
22

with misdemeanor or felony charges, or both, including
23

information on persons released directly from law
24

enforcement custody;
25

(2) information on the outcomes of pretrial conditions
26

and pretrial detention hearings in the county courts,

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1

including
,
but not limited to
, the identity of the judges
2

who preside over the pretrial detention hearings, the
3

number of detention petitions each judge grants and
4

denies,
the number of hearings held, the number of
5

defendants detained, the number of defendants released,
6

the number of defendants released with electronic
7

monitoring, and, beginning January 1, 2023, information
8

comparing detention hearing outcomes when the hearing is
9

held in person and by two-way audio-visual communication;
10

(3) information regarding persons detained in the
11

county jail pretrial, including, but not limited to, the
12

number of persons detained in the jail pretrial and the
13

number detained in the jail for other reasons, the
14

demographics of the pretrial jail population, race, sex,
15

sexual orientation, gender identity, age, and ethnicity,
16

the charges including on which pretrial defendants are
17

detained, the average length of stay of pretrial
18

defendants;
19

(4) information regarding persons placed on electronic
20

monitoring programs pretrial, including, but not limited
21

to, the number of participants, the demographics of the
22

participant population, including race, sex, sexual
23

orientation, gender identity, age, and ethnicity, the
24

charges on which participants are ordered to the program,
25

and the average length of participation in the program;
26

(5) discharge data regarding persons detained pretrial

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LRB104 17141 RLC 30560 b
1

in the county jail, including, but not limited to, the
2

number who are sentenced to the Illinois Department of
3

Corrections, the number released after being sentenced to
4

time served, the number who are released on probation,
5

conditional discharge, or other community supervision, the
6

number found not guilty, the number whose cases are
7

dismissed, the number whose cases are dismissed as part of
8

diversion or deferred prosecution program, and the number
9

who are released pretrial after a hearing re-examining
10

their pretrial detention;
11

(6) information on the pretrial rearrest of
12

individuals released pretrial, including the number
13

arrested and charged with a new misdemeanor offense while
14

released, the number arrested and charged with a new
15

felony offense while released, and the number arrested and
16

charged with a new forcible felony offense while released,
17

and how long after release these arrests occurred;
18

(7) information on the pretrial failure to appear
19

rates of individuals released pretrial, including the
20

number who missed one or more court dates, how many
21

warrants for failures to appear were issued, and how many
22

individuals were detained pretrial or placed on electronic
23

monitoring pretrial after a failure to appear in court;
24

(8) what, if any, validated pretrial risk assessment
25

tools are in use in each jurisdiction, and comparisons of
26

the pretrial release and pretrial detention decisions of

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1

judges as compared to and the risk assessment scores of
2

individuals; and
3

(9) any other information the Pretrial Practices Data
4

Oversight Board considers important and probative of the
5

effectiveness of pretrial practices in the State of
6

Illinois.
7

(d) Circuit clerks' offices, sheriff's departments, law
8
enforcement agencies, jails, pretrial departments, probation
9
department, State's Attorneys' offices, public defenders'
10
offices and other applicable criminal justice system agencies
11
are mandated to provide data to the Administrative Office of
12
the Illinois Courts as described in subsection (c).
13
(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22;
14
102-1104, eff. 1-1-23.)

15

Section 10.
The Code of Criminal Procedure of 1963 is
16
amended by changing Section 110-6.1 as follows:

17

(725 ILCS 5/110-6.1)

(from Ch. 38, par. 110-6.1)
18

Sec. 110-6.1.
Denial of pretrial release.
19

(a) Upon verified petition by the State, the court shall
20
hold a hearing and may deny a defendant pretrial release only
21
if:
22

(1) the defendant is charged with a felony offense
23

other than a forcible felony for which, based on the
24

charge or the defendant's criminal history, a sentence of

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1

imprisonment, without probation, periodic imprisonment, or
2

conditional discharge, is required by law upon conviction,
3

and it is alleged that the defendant's pretrial release
4

poses a real and present threat to the safety of any person
5

or persons or the community, based on the specific
6

articulable facts of the case;
7

(1.5) the defendant's pretrial release poses a real
8

and present threat to the safety of any person or persons
9

or the community, based on the specific articulable facts
10

of the case, and the defendant is charged with a forcible
11

felony, which as used in this Section, means treason,
12

first degree murder, second degree murder, predatory
13

criminal sexual assault of a child, aggravated criminal
14

sexual assault, criminal sexual assault, armed robbery,
15

aggravated robbery, robbery, burglary where there is use
16

of force against another person, residential burglary,
17

home invasion, vehicular invasion, aggravated arson,
18

arson, aggravated kidnaping, kidnaping, aggravated battery
19

resulting in great bodily harm or permanent disability or
20

disfigurement, or any other felony which involves the
21

threat of or infliction of great bodily harm or permanent
22

disability or disfigurement;
23

(2) the defendant is charged with stalking or
24

aggravated stalking, and it is alleged that the
25

defendant's pre-trial release poses a real and present
26

threat to the safety of a victim of the alleged offense,

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LRB104 17141 RLC 30560 b
1

and denial of release is necessary to prevent fulfillment
2

of the threat upon which the charge is based;
3

(3) the defendant is charged with a violation of an
4

order of protection issued under Section 112A-14 of this
5

Code or Section 214 of the Illinois Domestic Violence Act
6

of 1986, a stalking no contact order under Section 80 of
7

the Stalking No Contact Order Act, or a civil no contact
8

order under Section 213 of the Civil No Contact Order Act,
9

and it is alleged that the defendant's pretrial release
10

poses a real and present threat to the safety of any person
11

or persons or the community, based on the specific
12

articulable facts of the case;
13

(4) the defendant is charged with domestic battery or
14

aggravated domestic battery under Section 12-3.2 or 12-3.3
15

of the Criminal Code of 2012 and it is alleged that the
16

defendant's pretrial release poses a real and present
17

threat to the safety of any person or persons or the
18

community, based on the specific articulable facts of the
19

case;
20

(5) the defendant is charged with any offense under
21

Article 11 of the Criminal Code of 2012, except for
22

Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
23

11-40, and 11-45 of the Criminal Code of 2012, or similar
24

provisions of the Criminal Code of 1961 and it is alleged
25

that the defendant's pretrial release poses a real and
26

present threat to the safety of any person or persons or

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LRB104 17141 RLC 30560 b
1

the community, based on the specific articulable facts of
2

the case;
3

(6) the defendant is charged with any of the following
4

offenses under the Criminal Code of 2012, and it is
5

alleged that the defendant's pretrial release poses a real
6

and present threat to the safety of any person or persons
7

or the community, based on the specific articulable facts
8

of the case:
9

(A) Section 24-1.2 (aggravated discharge of a
10

firearm);
11

(B) Section 24-1.2-5 (aggravated discharge of a
12

machine gun or a firearm equipped with a device
13

designed or used for silencing the report of a
14

firearm);
15

(C) Section 24-1.5 (reckless discharge of a
16

firearm);
17

(D) Section 24-1.7 (unlawful possession of a
18

firearm by a repeat felony offender);
19

(E) Section 24-2.2 (manufacture, sale, or transfer
20

of bullets or shells represented to be armor piercing
21

bullets, dragon's breath shotgun shells, bolo shells,
22

or flechette shells);
23

(F) Section 24-3 (unlawful sale or delivery of
24

firearms);
25

(G) Section 24-3.3 (unlawful sale or delivery of
26

firearms on the premises of any school);

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LRB104 17141 RLC 30560 b
1

(H) Section 24-34 (unlawful sale of firearms by
2

liquor license);
3

(I) Section 24-3.5 (unlawful purchase of a
4

firearm);
5

(J) Section 24-3A (gunrunning);
6

(K) Section 24-3B (firearms trafficking);
7

(L) Section 10-9 (b) (involuntary servitude);
8

(M) Section 10-9 (c) (involuntary sexual servitude
9

of a minor);
10

(N) Section 10-9(d) (trafficking in persons);
11

(O) Non-probationable violations: (i) unlawful
12

possession of weapons by felons or persons in the
13

Custody of the Department of Corrections facilities
14

(Section 24-1.1), (ii) aggravated unlawful possession
15

of a weapon (Section 24-1.6), or (iii) aggravated
16

possession of a stolen firearm (Section 24-3.9);
17

(P) Section 9-3 (reckless homicide and involuntary
18

manslaughter);
19

(Q) Section 19-3 (residential burglary);
20

(R) Section 10-5 (child abduction);
21

(S) Felony violations of Section 12C-5 (child
22

endangerment);
23

(T) Section 12-7.1 (hate crime);
24

(U) Section 10-3.1 (aggravated unlawful
25

restraint);
26

(V) Section 12-9 (threatening a public official);

HB5249
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LRB104 17141 RLC 30560 b
1

(W) Subdivision (f)(1) of Section 12-3.05
2

(aggravated battery with a deadly weapon other than by
3

discharge of a firearm);
4

(6.5) the defendant is charged with any of the
5

following offenses, and it is alleged that the defendant's
6

pretrial release poses a real and present threat to the
7

safety of any person or persons or the community, based on
8

the specific articulable facts of the case:
9

(A) Felony violations of Sections 3.01, 3.02, or
10

3.03 of the Humane Care for Animals Act (cruel
11

treatment, aggravated cruelty, and animal torture);
12

(B) Subdivision (d)(1)(B) of Section 11-501 of the
13

Illinois Vehicle Code (aggravated driving under the
14

influence while operating a school bus with
15

passengers);
16

(C) Subdivision (d)(1)(C) of Section 11-501 of the
17

Illinois Vehicle Code (aggravated driving under the
18

influence causing great bodily harm);
19

(D) Subdivision (d)(1)(D) of Section 11-501 of the
20

Illinois Vehicle Code (aggravated driving under the
21

influence after a previous reckless homicide
22

conviction);
23

(E) Subdivision (d)(1)(F) of Section 11-501 of the
24

Illinois Vehicle Code (aggravated driving under the
25

influence leading to death); or
26

(F) Subdivision (d)(1)(J) of Section 11-501 of the

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LRB104 17141 RLC 30560 b
1

Illinois Vehicle Code (aggravated driving under the
2

influence that resulted in bodily harm to a child
3

under the age of 16);
4

(7) the defendant is charged with an attempt to commit
5

any charge listed in paragraphs (1) through (6.5), and it
6

is alleged that the defendant's pretrial release poses a
7

real and present threat to the safety of any person or
8

persons or the community, based on the specific
9

articulable facts of the case; or
10

(8) the person has a high likelihood of willful flight
11

to avoid prosecution and is charged with:
12

(A) Any felony described in subdivisions (a)(1)
13

through (a)(7) of this Section; or
14

(B) A felony offense other than a Class 4 offense.
15

(b) If the charged offense is a felony, as part of the
16
detention hearing, the court shall determine whether there is
17
probable cause the defendant has committed an offense, unless
18
a hearing pursuant to Section 109-3 of this Code has already
19
been held or a grand jury has returned a true bill of
20
indictment against the defendant. If there is a finding of no
21
probable cause, the defendant shall be released. No such
22
finding is necessary if the defendant is charged with a
23
misdemeanor.
24

(c) Timing of petition.
25

(1) A petition may be filed without prior notice to
26

the defendant at the first appearance before a judge, or

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LRB104 17141 RLC 30560 b
1

within the 21 calendar days, except as provided in Section
2

110-6, after arrest and release of the defendant upon
3

reasonable notice to defendant; provided that while such
4

petition is pending before the court, the defendant if
5

previously released shall not be detained.
6

(2) Upon filing, the court shall immediately hold a
7

hearing on the petition unless a continuance is requested.
8

If a continuance is requested and granted, the hearing
9

shall be held within 48 hours of the defendant's first
10

appearance if the defendant is charged with first degree
11

murder or a Class X, Class 1, Class 2, or Class 3 felony,
12

and within 24 hours if the defendant is charged with a
13

Class 4 or misdemeanor offense. The Court may deny or
14

grant the request for continuance. If the court decides to
15

grant the continuance, the Court retains the discretion to
16

detain or release the defendant in the time between the
17

filing of the petition and the hearing.
18

(d) Contents of petition.
19

(1) The petition shall be verified by the State and
20

shall state the grounds upon which it contends the
21

defendant should be denied pretrial release, including the
22

real and present threat to the safety of any person or
23

persons or the community, based on the specific
24

articulable facts or flight risk, as appropriate.
25

(2) If the State seeks to file a second or subsequent
26

petition under this Section, the State shall be required

HB5249
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LRB104 17141 RLC 30560 b
1

to present a verified application setting forth in detail
2

any new facts not known or obtainable at the time of the
3

filing of the previous petition.
4

(e) Eligibility: All defendants shall be presumed eligible
5
for pretrial release, and the State shall bear the burden of
6
proving by clear and convincing evidence that:
7

(1) the proof is evident or the presumption great that
8

the defendant has committed an offense listed in
9

subsection (a), and
10

(2) for offenses listed in paragraphs (1) through (7)
11

of subsection (a), the defendant poses a real and present
12

threat to the safety of any person or persons or the
13

community, based on the specific articulable facts of the
14

case, by conduct which may include, but is not limited to,
15

a forcible felony, the obstruction of justice,
16

intimidation, injury, or abuse as defined by paragraph (1)
17

of Section 103 of the Illinois Domestic Violence Act of
18

1986, and
19

(3) no condition or combination of conditions set
20

forth in subsection (b) of Section 110-10 of this Article
21

can mitigate (i) the real and present threat to the safety
22

of any person or persons or the community, based on the
23

specific articulable facts of the case, for offenses
24

listed in paragraphs (1) through (7) of subsection (a), or
25

(ii) the defendant's willful flight for offenses listed in
26

paragraph (8) of subsection (a), and

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LRB104 17141 RLC 30560 b
1

(4) for offenses under subsection (b) of Section 407
2

of the Illinois Controlled Substances Act that are subject
3

to paragraph (1) of subsection (a), no condition or
4

combination of conditions set forth in subsection (b) of
5

Section 110-10 of this Article can mitigate the real and
6

present threat to the safety of any person or persons or
7

the community, based on the specific articulable facts of
8

the case, and the defendant poses a serious risk to not
9

appear in court as required.
10

(f) Conduct of the hearings.
11

(1) Prior to the hearing, the State shall tender to
12

the defendant copies of the defendant's criminal history
13

available, any written or recorded statements, and the
14

substance of any oral statements made by any person, if
15

relied upon by the State in its petition, and any police
16

reports in the prosecutor's possession at the time of the
17

hearing.
18

(2) The State or defendant may present evidence at the
19

hearing by way of proffer based upon reliable information.
20

(3) The defendant has the right to be represented by
21

counsel, and if he or she is indigent, to have counsel
22

appointed for him or her. The defendant shall have the
23

opportunity to testify, to present witnesses on his or her
24

own behalf, and to cross-examine any witnesses that are
25

called by the State. Defense counsel shall be given
26

adequate opportunity to confer with the defendant before

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1

any hearing at which conditions of release or the
2

detention of the defendant are to be considered, with an
3

accommodation for a physical condition made to facilitate
4

attorney/client consultation. If defense counsel needs to
5

confer or consult with the defendant during any hearing
6

conducted via a 2-way audio-visual communication system,
7

such consultation shall not be recorded and shall be
8

undertaken consistent with constitutional protections.
9

(3.5) A hearing at which pretrial release may be
10

denied must be conducted in person (and not by way of 2-way
11

audio visual communication) unless the accused waives the
12

right to be present physically in court, the court
13

determines that the physical health and safety of any
14

person necessary to the proceedings would be endangered by
15

appearing in court, or the chief judge of the circuit
16

orders use of that system due to operational challenges in
17

conducting the hearing in person. Such operational
18

challenges must be documented and approved by the chief
19

judge of the circuit, and a plan to address the challenges
20

through reasonable efforts must be presented and approved
21

by the Administrative Office of the Illinois Courts every
22

6 months.
23

(4) If the defense seeks to compel the complaining
24

witness to testify as a witness in its favor, it shall
25

petition the court for permission. When the ends of
26

justice so require, the court may exercise its discretion

HB5249
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LRB104 17141 RLC 30560 b
1

and compel the appearance of a complaining witness. The
2

court shall state on the record reasons for granting a
3

defense request to compel the presence of a complaining
4

witness only on the issue of the defendant's pretrial
5

detention. In making a determination under this Section,
6

the court shall state on the record the reason for
7

granting a defense request to compel the presence of a
8

complaining witness, and only grant the request if the
9

court finds by clear and convincing evidence that the
10

defendant will be materially prejudiced if the complaining
11

witness does not appear. Cross-examination of a
12

complaining witness at the pretrial detention hearing for
13

the purpose of impeaching the witness' credibility is
14

insufficient reason to compel the presence of the witness.
15

In deciding whether to compel the appearance of a
16

complaining witness, the court shall be considerate of the
17

emotional and physical well-being of the witness. The
18

pre-trial detention hearing is not to be used for purposes
19

of discovery, and the post arraignment rules of discovery
20

do not apply. The State shall tender to the defendant,
21

prior to the hearing, copies, if any, of the defendant's
22

criminal history, if available, and any written or
23

recorded statements and the substance of any oral
24

statements made by any person, if in the State's
25

Attorney's possession at the time of the hearing.
26

(5) The rules concerning the admissibility of evidence

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1

in criminal trials do not apply to the presentation and
2

consideration of information at the hearing. At the trial
3

concerning the offense for which the hearing was conducted
4

neither the finding of the court nor any transcript or
5

other record of the hearing shall be admissible in the
6

State's case-in-chief, but shall be admissible for
7

impeachment, or as provided in Section 115-10.1 of this
8

Code, or in a perjury proceeding.
9

(6) The defendant may not move to suppress evidence or
10

a confession, however, evidence that proof of the charged
11

crime may have been the result of an unlawful search or
12

seizure, or both, or through improper interrogation, is
13

relevant in assessing the weight of the evidence against
14

the defendant.
15

(7) Decisions regarding release, conditions of
16

release, and detention prior to trial must be
17

individualized, and no single factor or standard may be
18

used exclusively to order detention. Risk assessment tools
19

may not be used as the sole basis to deny pretrial release.
20

(g) Factors to be considered in making a determination of
21
dangerousness. The court may, in determining whether the
22
defendant poses a real and present threat to the safety of any
23
person or persons or the community, based on the specific
24
articulable facts of the case, consider, but shall not be
25
limited to, evidence or testimony concerning:
26

(1) The nature and circumstances of any offense

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1

charged, including whether the offense is a crime of
2

violence, involving a weapon, or a sex offense.
3

(2) The history and characteristics of the defendant
4

including:
5

(A) Any evidence of the defendant's prior criminal
6

history indicative of violent, abusive, or assaultive
7

behavior, or lack of such behavior. Such evidence may
8

include testimony or documents received in juvenile
9

proceedings, criminal, quasi-criminal, civil
10

commitment, domestic relations, or other proceedings.
11

(B) Any evidence of the defendant's psychological,
12

psychiatric or other similar social history which
13

tends to indicate a violent, abusive, or assaultive
14

nature, or lack of any such history.
15

(3) The identity of any person or persons to whose
16

safety the defendant is believed to pose a threat, and the
17

nature of the threat.
18

(4) Any statements made by, or attributed to the
19

defendant, together with the circumstances surrounding
20

them.
21

(5) The age and physical condition of the defendant.
22

(6) The age and physical condition of any victim or
23

complaining witness.
24

(7) Whether the defendant is known to possess or have
25

access to any weapon or weapons.
26

(8) Whether, at the time of the current offense or any

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1

other offense or arrest, the defendant was on probation,
2

parole, aftercare release, mandatory supervised release,
3

or other release from custody pending trial, sentencing,
4

appeal, or completion of sentence for an offense under
5

federal or State law.
6

(9) Any other factors, including those listed in
7

Section 110-5 of this Article deemed by the court to have a
8

reasonable bearing upon the defendant's propensity or
9

reputation for violent, abusive, or assaultive behavior,
10

or lack of such behavior.
11

(h) Detention order. The court shall, in any order for
12
detention:
13

(1) make a written finding summarizing the court's
14

reasons for concluding that the defendant should be denied
15

pretrial release, including why less restrictive
16

conditions would not avoid a real and present threat to
17

the safety of any person or persons or the community,
18

based on the specific articulable facts of the case, or
19

prevent the defendant's willful flight from prosecution;
20

(2) direct that the defendant be committed to the
21

custody of the sheriff for confinement in the county jail
22

pending trial;
23

(3) direct that the defendant be given a reasonable
24

opportunity for private consultation with counsel, and for
25

communication with others of his or her choice by
26

visitation, mail and telephone; and

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1

(4) direct that the sheriff deliver the defendant as
2

required for appearances in connection with court
3

proceedings.
4

(h-5) Pretrial release order. The court shall, in any
5
order denying detention, make a written finding summarizing
6
the court's reasons for concluding that the defendant should
7
not be denied pretrial release, including why the defendant
8
has been determined not to be a real and present threat to the
9
safety of any person or persons or the community, based on the
10
specific articulable facts of the case, or that the defendant
11
does not have a high likelihood of willful flight from
12
prosecution.

13

(i) Detention. If the court enters an order for the
14
detention of the defendant pursuant to subsection (e) of this
15
Section, the defendant shall be brought to trial on the
16
offense for which he is detained within 90 days after the date
17
on which the order for detention was entered. If the defendant
18
is not brought to trial within the 90-day period required by
19
the preceding sentence, he shall not be denied pretrial
20
release. In computing the 90-day period, the court shall omit
21
any period of delay resulting from a continuance granted at
22
the request of the defendant and any period of delay resulting
23
from a continuance granted at the request of the State with
24
good cause shown pursuant to Section 103-5.
25

(i-5) At each subsequent appearance of the defendant
26
before the court, the judge must find that continued detention

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1
is necessary to avoid a real and present threat to the safety
2
of any person or persons or the community, based on the
3
specific articulable facts of the case, or to prevent the
4
defendant's willful flight from prosecution.
5

(j) Rights of the defendant. The defendant shall be
6
entitled to appeal any order entered under this Section
7
denying his or her pretrial release.
8

(k) Appeal. The State may appeal any order entered under
9
this Section denying any motion for denial of pretrial
10
release.
11

(l) Presumption of innocence. Nothing in this Section
12
shall be construed as modifying or limiting in any way the
13
defendant's presumption of innocence in further criminal
14
proceedings.
15

(m) Interest of victims.
16

(1) Crime victims shall be given notice by the State's
17

Attorney's office of this hearing as required in paragraph
18

(1) of subsection (b) of Section 4.5 of the Rights of Crime
19

Victims and Witnesses Act and shall be informed of their
20

opportunity at this hearing to obtain a protective order.
21

(2) If the defendant is denied pretrial release, the
22

court may impose a no contact provision with the victim or
23

other interested party that shall be enforced while the
24

defendant remains in custody.
25
(Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.)

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