ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/110-2 (2026)

Pretrial release

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
    Sec. 110-2. Pretrial release.
    (a) All persons charged with an offense shall be eligible for pretrial release before conviction. It is presumed that a defendant is entitled to release on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense, and complies with all terms of pretrial release, including, but not limited to, orders of protection under both Section 112A-4 of this Code and Section 214 of the Illinois Domestic Violence Act of 1986, all civil no contact orders, and all stalking no contact orders. Pretrial release may be denied only if a person is charged with an offense listed in Section 110-6.1 and after the court has held a hearing under Section 110-6.1, and in a manner consistent with subsections (b), (c), and (d) of this Section.
    (b) At all pretrial hearings, the prosecution shall have the burden to prove by clear and convincing evidence that any condition of release is necessary.
    (c) When it is alleged that pretrial release should be denied to a person upon the grounds that the person presents 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, the burden of proof of such allegations shall be upon the State.
    (d) When it is alleged that pretrial release should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110-6.3, the burden of proof of those allegations shall be upon the State.
    (e) This Section shall be liberally construed to effectuate the purpose of relying on pretrial release by nonmonetary means to reasonably ensure an eligible person's appearance in court, the protection of the safety of any other person or the community, that the person will not attempt or obstruct the criminal justice process, and the person's compliance with all conditions of release, while authorizing the court, upon motion of a prosecutor, to order pretrial detention of the person under Section 110-6.1 when it finds clear and convincing evidence that no condition or combination of conditions can reasonably ensure the effectuation of these goals.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

    
Notes of Decisions
Cited in 333 cases (320 in the last 5 years), 2007–2026 · leading case: Rowe v. Raoul, 2023 IL 129248 (Ill. 2023).
Sort: Relevance Newest Treatment
Rowe v. Raoul, 2023 IL 129248 (Ill. 2023). · cites it 2× “See 725 ILCS 5/110-2, 110-6.1 (West 2022). The Act requires the court to consider the “nature and seriousness of the real and present threat to the safety of any person or persons *** that would be posed by the defendant’s release.”
People v. Whitmore, 2023 IL App (1st) 231807-B (Ill. App. Ct. 2023). · cites it 3× “” 725 ILCS 5/110-2 (West Supp. 2023). However, the Act grants the State the ability to file a verified petition for the denial of pretrial release under certain circumstances.”
People v. Vingara, 2023 IL App (5th) 230698 (Ill. App. Ct. 2023). · cites it 2× “See 725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Bradford, 2023 IL App (1st) 231785 (Ill. App. Ct. 2023). · cites it 4× “725 ILCS 5/110-2(a) (West 2022). In addition, section 110-5 sets 5 No.”
People v. Swan, 2023 IL App (5th) 230766 (Ill. App. Ct. 2023). · cites it 2× “See 725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Trottier, 2023 IL App (2d) 230317 (Ill. App. Ct. 2023). “725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Rodriguez, 2023 IL App (3d) 230450 (Ill. App. Ct. 2023). · cites it 2× “725 ILCS 5/110-2(a), 110-6.1(e) (West 2022).”
People v. Parker, 2024 IL App (1st) 232164 (Ill. App. Ct. 2024). · cites it 2× “1 of the Code of Criminal Procedure of 1963 (Procedure Code) (725 ILCS 5/110-2, 110-6.1 (West 2022)), as amended by Public Act 101-652 (eff.”
People v. Herrera, 2023 IL App (1st) 231801-B (Ill. App. Ct. 2023). · cites it 2× “at ¶ 5; 725 ILCS 5/110-2(a) (West 2022). But the Act also contained provisions allowing the trial court to impose conditions on that release or, in specific circumstances, deny it No.”
People v. Clark, 2024 IL 130364 (Ill. 2024). · cites it 2× “See 725 ILCS 5/110-2(a) (West 2022). The petition is subject to section 110-6.”
People v. Woods, 2024 IL App (3d) 230592 (Ill. App. Ct. 2024). · cites it 2× “” 725 ILCS 5/110-2(a) (West 2022). However, a defendant may be denied pretrial release if the State, upon a verified petition, proves by clear and convincing evidence the following propositions: “(1) the proof is evident or the presumption great that the defendant has committed…”
People v. Clark, 2019 IL 122891 (Ill. 2019). · cites it 2× “¶ 69 On February 25, 2014, the circuit court modified defendant’s recognizance bond to permit her to reside at a halfway house known as Margaret Stutsman Lodge 3 Section 110-2 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-2 (West 2016)) provides: “When from all the…”
Show all 333 citing cases →
— 725 ILCS 5/110-2(a) — 284 cases
Rowe v. Raoul, 2023 IL 129248 (Ill. 2023). “See 725 ILCS 5/110-2, 110-6.1 (West 2022). The Act requires the court to consider the “nature and seriousness of the real and present threat to the safety of any person or persons *** that would be posed by the defendant’s release.”
People v. Trottier, 2023 IL App (2d) 230317 (Ill. App. Ct. 2023). “725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Rodriguez, 2023 IL App (3d) 230450 (Ill. App. Ct. 2023). “725 ILCS 5/110-2(a), 110-6.1(e) (West 2022).”
People v. Herrera, 2023 IL App (1st) 231801-B (Ill. App. Ct. 2023). “at ¶ 5; 725 ILCS 5/110-2(a) (West 2022). But the Act also contained provisions allowing the trial court to impose conditions on that release or, in specific circumstances, deny it No.”
People v. Vingara, 2023 IL App (5th) 230698 (Ill. App. Ct. 2023). “See 725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
— 725 ILCS 5/110-2(b) — 27 cases
People v. Bradford, 2023 IL App (1st) 231785 (Ill. App. Ct. 2023). “725 ILCS 5/110-2(a) (West 2022). In addition, section 110-5 sets 5 No.”
People v. Thomas, 2024 IL App (1st) 240479 (Ill. App. Ct. 2024).
People v. Singleton, 2024 IL App (4th) 231104-U (Ill. App. Ct. 2024).
People v. Quintero, 2024 IL App (1st) 232129-U (Ill. App. Ct. 2024).
People v. McDonald, 2024 IL App (1st) 232414-U (Ill. App. Ct. 2024).
— 725 ILCS 5/110-2(c) — 4 cases
People v. Finch, 2023 IL App (2d) 230381-U (Ill. App. Ct. 2023).
People v. Benford, 2023 IL App (4th) 231011-U (Ill. App. Ct. 2023).
People v. Shaffer, 2024 IL App (4th) 240085-U (Ill. App. Ct. 2024).
People v. Kelly, 2023 IL App (1st) 231967-U (Ill. App. Ct. 2023).
— 725 ILCS 5/110-2(e) — 11 cases
People v. Whitmore, 2023 IL App (1st) 231807-B (Ill. App. Ct. 2023). “” 725 ILCS 5/110-2 (West Supp. 2023). However, the Act grants the State the ability to file a verified petition for the denial of pretrial release under certain circumstances.”
People v. Vingara, 2023 IL App (5th) 230698 (Ill. App. Ct. 2023). “See 725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Swan, 2023 IL App (5th) 230766 (Ill. App. Ct. 2023). “See 725 ILCS 5/110-2(a), 110-6.1 (West 2022).”
People v. Bradford, 2023 IL App (1st) 231785 (Ill. App. Ct. 2023). “725 ILCS 5/110-2(a) (West 2022). In addition, section 110-5 sets 5 No.”
People v. Clark, 2024 IL 130364 (Ill. 2024). “See 725 ILCS 5/110-2(a) (West 2022). The petition is subject to section 110-6.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.