725 ILCS 5/110-2 – Pretrial Release
This law explains when and how a person charged with a crime can be released before their trial.
This law says that people accused of crimes usually can go home before their trial if they promise to come back to court and follow the rules. The court can keep someone in jail only in special cases when it’s proven they are dangerous or might not follow the law.
(a) Everyone charged with a crime can ask to be released before their trial. The person is usually allowed to go free if they promise to come to court and stay out of trouble. The court can only deny release if the person is accused of certain serious crimes and there’s a special hearing to prove that keeping them in jail is necessary.
(b) During hearings about pretrial release, the prosecutor has to show clear proof that certain release rules are important and needed.
(c) If the prosecutor says someone shouldn’t be released because they might be dangerous or a threat to others, the prosecutor must prove this with real evidence from the case.
(d) If the person is accused of stalking or aggravated stalking and the prosecutor asks to deny release, the prosecutor must also prove those claims to the court.
(e) This law should be understood in a way that allows people to stay free before their trial when possible, without needing to pay money. The court’s goal is to make sure people come to court, stay safe, don’t break the law, and follow the rules. But if the court finds strong proof that no rules or conditions could make sure of those things, it can keep the person in jail.
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