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5 Illinois opinions name it 1 courts 2024–2026 5 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Dyergreen1 sentence2025See Dyer, 2024 IL App (4th) 231524, ¶ 21 (“if a petition to revoke probation alleges a violation that constitutes a criminal offense, pretrial release pending the revocation hearing is governed by” the Act); 730 ILCS 5/5-6-4(b) (West 2022) (“The court shall admit the offender to pretrial release pending the hearing unless the alleged violation is itself a criminal offense, in which case the offender shall be admitted to pretrial release on such terms as are provided” in the Act). ¶ 27 Schwedler is essentially arguing he should be released because the State did not file two verified petitions, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Morgan
green
2 sentences2026Section 5-6-4(b) requires the court to conduct a VOP hearing and provides that “[t]he court shall admit the offender to pretrial release pending the hearing unless the alleged violation is itself a criminal offense in which case the offender shall be admitted to pretrial release on such terms as are provided in the Code of Criminal Procedure of 1963, as amended.” Id. § 5-6-4(b). 2026Section 5-6-4(b) requires the court to conduct a VOP hearing and provides that “[t]he court shall admit the offender to pretrial release pending the hearing unless the alleged violation is itself a criminal offense in which case the offender shall be admitted to pretrial release on such terms as are provided in the Code of Criminal Procedure of 1963, as amended.” Id. § 5-6-4(b). | 2 | 2026–2026 |
People v. Kastman
green
1 sentence2024Additionally, it states “[t]he court shall admit the offender to pretrial release pending the hearing unless the alleged violation is itself a criminal offense in which case the offender shall be admitted to pretrial release on such terms as are provided in the Code ***, as amended.” Id. | 1 | 2024–2024 |
People v. O'BRIEN
green
1 sentence2024Despite the fact that our supreme court has stated that the legislature’s use of the word “shall” is “a clear expression of legislative intent to impose a mandatory obligation” (People v. O’Brien, 197 Ill. 2d 88 , 93 (2001)), the majority has interpreted section 5-6-4(b) as meaning that an offender who has been accused of violating his or her probation by committing a criminal offense may be denied pretrial release 10 pursuant to article 110 of the Code. | 1 | 2024–2024 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.