The change in the Illinois cash bail system stems from the Safety, Accountability, Fairness and Equity-Today Act, commonly known as the SAFE-T Act. Within the act is the termination of cash bail articles, commonly known as the Pretrial Fairness act.
Under the Pretrial Fairness act, some offenses are not possible to be detained on, these include traffic, business, Class C and Class B misdemeanor offenses. For these matters, law enforcement officers are expected to ticket the defendant and release them. If you are arrested for a detainable offense, you will be held until court the following morning when you will see a Judge and see if the state is requesting Pretrial detention. For anyone being held to see a Judge, a public defender will be appointed for the bond hearing.
Furthermore, court services is required to complete a public safety assessment for the initial court appearance for all defendants who are detained until their first court appearance. This assessment does not require any information and/or interview with the defendant. The clerks office provides a copy to the judge, the states attorney and the public defenders offices before the initial hearing. If the defendant is charged with a detainable offense, for the state to request to detain the defendant, they must file a verified petition seeking pretrial detention of the defendant. If the state does not file said petition, the court will not detain the defendant and will only look to set Pretrial bond conditions.
If the state files the petition, they will tender the complaint, verified petition, synopsis, criminal history and any other information they plan to use at the detention hearing to the public defender. If the hearing is requested, it may occur that day but it must occur within 24 hours for misdemeanors and class 4 felonies. Within 48 hours for any class 3 felony or more serious charge. For the Judge to grant the states motion to detain, the state must prove by clear and convincing evidence that the proof is evident and there is a great presumption the defendant committed the offense AND the defendant poses a real and present threat to the safety of any person/s or the community based on specific articulable facts of the case and no conditions of release could negate the threat or willful flight of the defendant. If the Judge finds the state meets their burden, the Judge will detain the defendant. If the Judge determines the state failed to meet their burden, the defendant will be released on bond with pretrial conditions.
No matter the criminal charge, Polcyn McHugh Law can guide you through the process, help you understand the choices involved, and fight your matter as you direct us.
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