Illinois Compiled Statutes

725 ILCS 5/110-1 (2026)

Definitions

✓ current as of May 2026
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(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
    Sec. 110-1. Definitions. As used in this Article:
    (a) (Blank).
    (b) "Sureties" encompasses the nonmonetary requirements set by the court as conditions for release either before or after conviction.
    (c) The phrase "for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction" means an offense for which a sentence of imprisonment in the Department of Corrections, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction.
    (d)(Blank).
    (e) "Protective order" means any order of protection issued under Section 112A-14 of this Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order issued under Section 80 of the Stalking No Contact Order Act, or a civil no contact order issued under Section 213 of the Civil No Contact Order Act.
    (f) "Willful flight" means intentional conduct with a purpose to thwart the judicial process to avoid prosecution. Isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. Reoccurrence and patterns of intentional conduct to evade prosecution, along with any affirmative steps to communicate or remedy any such missed court date, may be considered as factors in assessing future intent to evade prosecution.
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23; 103-154, eff. 6-30-23.)

    
Notes of Decisions
Cited in 124 cases (120 in the last 5 years), 2019–2026 · leading case: People v. Trottier, 2023 IL App (2d) 230317 (Ill. App. Ct. 2023).
People v. Trottier, 2023 IL App (2d) 230317 (Ill. App. Ct. 2023). “725 ILCS 5/110-1 et seq. (West 2022). Under the Code, as amended, a defendant’s pretrial release may be denied only in certain statutorily limited situations (qualifying offenses).”
People v. Davis, 2023 IL App (1st) 231856 (Ill. App. Ct. 2023). “See Rowe, 2023 IL 129248, ¶¶ 5, 52 ; see also 725 ILCS 5/110-1 et seq. (West 2022). However, the State may petition the trial court for pretrial detention in certain statutorily limited situations.”
People v. Mancilla, 2024 IL App (2d) 230505 (Ill. App. Ct. 2024). “725 ILCS 5/110-1 et seq. (West 2022). Under the Act, a defendant’s pretrial release may be denied only for certain charged offenses.”
People v. Harris, 2024 IL App (2d) 240070 (Ill. App. Ct. 2024). “725 ILCS 5/110-1 et seq. (West 2022). Under the Code, a defendant’s pretrial release may be denied only for certain charged offenses.”
People v. Brown, 2023 IL App (1st) 231890 (Ill. App. Ct. 2023). “OPINION ¶1 Defendant Richard Brown appeals the trial court’s order granting the State’s petition to deny him pretrial release pursuant to article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-1 et seq. (West 2022)), as amended by Public Act 101-652 (eff.”
People v. Clark, 2019 IL 122891 (Ill. 2019). “Likewise, we are invited to consider the meaning of “custody” in the context of statutes pertaining to bail (725 ILCS 5/110-1 et seq. (West 2014)), violation of bail bond (720 ILCS 5/32-10 (West 2014)), speedy trial (725 ILCS 5/103-5 (West 2014)), and presentence credit (730…”
People v. Clark, 2019 IL 122891 (Ill. 2019). “Likewise, we are invited to consider the meaning of “custody” in the context of statutes pertaining to bail (725 ILCS 5/110-1 et seq. (West 2014)), violation of bail bond (720 ILCS 5/32-10 (West 2014)), speedy trial (725 ILCS 5/103-5 (West 2014)), and presentence credit (730…”
People v. Quintero, 2024 IL App (1st) 232129-U (Ill. App. Ct. 2024). · cites it 5× “¶ 14 Pretrial release is governed by Article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-1 et seq (West 2022)). Under the Code, all persons charged with an offense are eligible for pretrial release before conviction.”
People v. Slaten, 2024 IL App (2d) 240015 (Ill. App. Ct. 2024). · cites it 2× “The reviewing court explained that, while evading arrest could be viewed as obstructing the criminal justice system, it did not reflect a “thwart[ing of] the judicial process to avoid prosecution” within the meaning of section 110-1(f) of the Code (725 ILCS 5/110-1(f) (West…”
People v. Collins, 2024 IL App (2d) 230577-U (Ill. App. Ct. 2024). “Collins, timely appeals the December 6, 2023, order of the circuit court of De Kalb County granting the State’s petition to deny him pretrial release pursuant to article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-1 et seq. (West 2022)), commonly known…”
People v. O'Neal, 2024 IL App (5th) 231111 (Ill. App. Ct. 2024). “Clair County circuit court’s order regarding his pretrial release pursuant to article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-1 et seq. (West 2022)), as amended by Public Act 101-652 (eff.”
People v. Perez, 2024 IL App (4th) 230967-U (Ill. App. Ct. 2024). · cites it 2× “” 725 ILCS 5/110-1(f) (West 2022). -5- Besides this definition, the only other guidance the Code gives to courts for evaluating “willful flight” is in section 110-3(c), which tells us “a nonappearance in court cured by an appearance in response to a summons shall not be…”
— 725 ILCS 5/110-1(f) — 13 cases
People v. Slaten, 2024 IL App (2d) 240015 (Ill. App. Ct. 2024). “The reviewing court explained that, while evading arrest could be viewed as obstructing the criminal justice system, it did not reflect a “thwart[ing of] the judicial process to avoid prosecution” within the meaning of section 110-1(f) of the Code (725 ILCS 5/110-1(f) (West…”
People v. Quintero, 2024 IL App (1st) 232129-U (Ill. App. Ct. 2024). “¶ 14 Pretrial release is governed by Article 110 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-1 et seq (West 2022)). Under the Code, all persons charged with an offense are eligible for pretrial release before conviction.”
People v. Perez, 2024 IL App (4th) 230967-U (Ill. App. Ct. 2024). “” 725 ILCS 5/110-1(f) (West 2022). -5- Besides this definition, the only other guidance the Code gives to courts for evaluating “willful flight” is in section 110-3(c), which tells us “a nonappearance in court cured by an appearance in response to a summons shall not be…”
People v. Rios, 2025 IL App (1st) 250950 (Ill. App. Ct. 2025).
People v. Jones, 2024 IL App (2d) 230546-U (Ill. App. Ct. 2024).
— 725 ILCS 5/110-1(g) — 3 cases
People v. French, 2025 IL App (2d) 250035-U (Ill. App. Ct. 2025).
People v. Moore, 2025 IL App (2d) 250121-U (Ill. App. Ct. 2025).
People v. Hare, 2025 IL App (2d) 250132-U (Ill. App. Ct. 2025).
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