ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/110-4 (2026)

(Repealed)

✓ current as of May 2026
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(725 ILCS 5/110-4)
    Sec. 110-4. (Repealed).
(Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)

    
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2006–2025 · leading case: People v. Gil, 2019 IL App (1st) 192419 (Ill. App. Ct. 2020).
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People v. Gil, 2019 IL App (1st) 192419 (Ill. App. Ct. 2020). “” 725 ILCS 5/110-4(a) (West 2016). ¶ 14 Section 110-6.”
People v. Watkins-Romaine, 2025 IL 130618 (Ill. 2025). “The State’s position was that Watkins-Romaine was “mandatory no bail” pursuant to section 110-4(a) of the Code (725 ILCS 5/110-4(a) (West 2020) (“All persons shall be bailable before conviction, except the following offenses where the proof is evident or the presumption great…”
United States v. Swanson, 635 F.3d 995 (7th Cir. 2011). · cites it 2× “It bears noting that the crime Swanson was arrested for was a misdemeanor, and under Illinois law he had a right to receive bond.”
People v. Rivera, 882 N.E.2d 1169 (Ill. App. Ct. 2008). · cites it 2× “According to the State, the presumption that "[a]ll persons shall be bailable before conviction" (725 ILCS 5/110-4(a) (West 2000)) is rebutted once an accused has been found guilty.”
People v. Clark, 2023 IL App (1st) 231770 (Ill. App. Ct. 2023). “See 725 ILCS 5/110-4 (superseded by Act). ¶ 17 Under subsection (c)(1), “the first appearance before a judge” includes, as here, an ex parte appearance by the State to begin the prosecution by filing a felony complaint and then seek an order setting bail.”
People v. Morrison, 874 N.E.2d 896 (Ill. App. Ct. 2007). “In this case, the charged offense of possession of a controlled substance was bailable (725 ILCS 5/110-4(a) (West 2004)), and the record establishes that defendant served 186 days in jail prior to his sentencing.”
People v. Suggs, 2020 IL App (1st) 161632-U (Ill. App. Ct. 2020). “See 725 ILCS 5/110-4(a) (West 2014). The factors courts use to determine the amount of bail or conditions of release are too numerous to list.”
People v. Maldonado (Ill. App. Ct. 2010). · cites it 7× “725 ILCS 5/110-4 (West 2006); Ill. Const.”
People v. Jones (Ill. App. Ct. 2009). · cites it 3× “725 ILCS 5/110-4 (West 2008). The statute states that “[a]ll persons shall be bailable before conviction,” unless an exception listed in the statute applies.”
People v. Caballero, 885 N.E.2d 1044 (Ill. 2008). “The State contends, however: (1) that section 110-14 states that "[a]ny person incarcerated on a bailable offense" shall be allowed the $5-per-day credit and section 110-4(a) of the Code of Criminal Procedure of 1963 defines bailable offenses as "[a]ll persons shall be bailable…”
People v. Graham, 2025 IL App (4th) 250016-U (Ill. App. Ct. 2025). “See 725 ILCS 5/110-4(a)(4) (West 2022). - 14 - ¶ 39 We next consider defendant’s argument in his memorandum that both the trial court’s initial detention order and the order on his motion for relief contain insufficient written findings.”
People v. Morrison (Ill. App. Ct. 2006). “In this case, the charged offense of possession of a controlled substance was bailable (725 ILCS 5/110-4(a) (West 2004)), and the record establishes that defendant served 186 days in jail prior to his sentencing.”
— 725 ILCS 5/110-4(a) — 9 cases
People v. Gil, 2019 IL App (1st) 192419 (Ill. App. Ct. 2020). “” 725 ILCS 5/110-4(a) (West 2016). ¶ 14 Section 110-6.”
People v. Watkins-Romaine, 2025 IL 130618 (Ill. 2025). “The State’s position was that Watkins-Romaine was “mandatory no bail” pursuant to section 110-4(a) of the Code (725 ILCS 5/110-4(a) (West 2020) (“All persons shall be bailable before conviction, except the following offenses where the proof is evident or the presumption great…”
People v. Rivera, 882 N.E.2d 1169 (Ill. App. Ct. 2008). “According to the State, the presumption that "[a]ll persons shall be bailable before conviction" (725 ILCS 5/110-4(a) (West 2000)) is rebutted once an accused has been found guilty.”
People v. Morrison, 874 N.E.2d 896 (Ill. App. Ct. 2007). “In this case, the charged offense of possession of a controlled substance was bailable (725 ILCS 5/110-4(a) (West 2004)), and the record establishes that defendant served 186 days in jail prior to his sentencing.”
People v. Suggs, 2020 IL App (1st) 161632-U (Ill. App. Ct. 2020). “See 725 ILCS 5/110-4(a) (West 2014). The factors courts use to determine the amount of bail or conditions of release are too numerous to list.”
— 725 ILCS 5/110-4(a)(4) — 1 case
People v. Graham, 2025 IL App (4th) 250016-U (Ill. App. Ct. 2025). “See 725 ILCS 5/110-4(a)(4) (West 2022). - 14 - ¶ 39 We next consider defendant’s argument in his memorandum that both the trial court’s initial detention order and the order on his motion for relief contain insufficient written findings.”
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