Bail & Pretrial Release in Illinois (SAFE-T Act)

Illinois eliminated cash bail on January 1, 2023, becoming the first state to completely end the money-based bail system. Under the Pretrial Fairness Act (part of the SAFE-T Act), pretrial release is now based on risk assessment rather than ability to pay. At Stavros Law Offices, we help clients navigate the new pretrial system and fight detention when appropriate.

The End of Cash Bail

Under the old system:

• Judges set a bail amount based on the charge
• Defendants who could pay were released
• Those who couldn't afford bail sat in jail pending trial

Under the new system:

• No money bail — ability to pay is irrelevant
• Most defendants are released with conditions
• Detention is reserved for those who pose specific risks
• Hearings determine release or detention based on evidence

How Pretrial Release Works Now

Presumption of Release

The default is release. Most people arrested for criminal offenses will be released pending trial with conditions such as:

• Check-ins with pretrial services
• GPS/electronic monitoring
• No contact with victims or witnesses
• Stay-away orders from certain locations
• Drug/alcohol testing
• Surrender of passport
• Employment or education requirements

Risk Assessment

Courts consider:

• Nature and circumstances of the charged offense
• Criminal history
• History of violence
• Ties to the community
• Employment and family circumstances
• History of court appearance compliance
• Any pending cases

When Detention Is Possible

The State can petition to detain a defendant pretrial, but only for certain offenses and only if specific criteria are met.

Detainable Offenses

Detention can be sought for:

• Non-probationable forcible felonies:
  • First degree murder
  • Attempted first degree murder
  • Criminal sexual assault
  • Aggravated criminal sexual assault
  • Predatory criminal sexual assault of a child
  • Robbery
  • Burglary
  • Residential burglary
  • Home invasion
  • Aggravated kidnapping
  • Aggravated battery with firearm
• Certain other offenses:
  • Domestic violence offenses posing threat to victim
  • Aggravated DUI
  • Certain weapons offenses
  • Stalking and aggravated stalking
  • Certain drug offenses
• New felony while on pretrial release for another felony

What the State Must Prove

Even for detainable offenses, the State must prove by clear and convincing evidence that:

1. The proof is evident or presumption great that the defendant committed the offense, AND
2. The defendant poses a real and present threat to the safety of any person or the community, OR
3. The defendant poses a high likelihood of willful flight

AND that no condition or combination of conditions can mitigate the threat or flight risk.

The Detention Hearing

Timing

• Within 48 hours of arrest if the State seeks detention
• Can be continued for good cause

Your Rights

• Right to an attorney
• Right to be heard
• Right to present evidence
• Right to cross-examine State's witnesses

The Hearing

1. State presents evidence supporting detention
2. Defense presents evidence supporting release
3. Judge determines whether detention is warranted
4. If detention denied, judge sets release conditions

Challenging Detention

At the Initial Hearing

We argue that:

• The offense isn't detainable
• The State hasn't met its burden of proof
• You don't pose a threat to any person
• You're not a flight risk
• Conditions exist that can mitigate any risk

Appeal / Review

Detention orders can be appealed to a higher court. Circumstances may also change, allowing for a new hearing.

Violations of Pretrial Release

If you violate conditions of pretrial release:

• You can be arrested
• The State can petition for detention
• The court can modify (tighten) conditions
• Willful violations can result in additional charges

Sanctions for Violations

• First violation: Warning, modified conditions, or brief detention
• Subsequent violations: Detention petition, additional charges
• New offense: Detention petition almost certain

Frequently Asked Questions

Does "no cash bail" mean everyone gets released?

No. People charged with serious offenses who pose a danger or flight risk can still be detained — just without having to pay money. The decision is based on risk, not wealth.

What if I was arrested before January 1, 2023?

People detained under the old system had the right to request a detention hearing under the new rules.

Can I be held in jail while my case is pending?

Yes, if the court finds you meet the criteria for detention. However, the State must prove its case, and you have the right to challenge detention.

What conditions might be imposed for release?

Common conditions include check-ins, GPS monitoring, no contact orders, drug testing, and travel restrictions. The conditions should be the least restrictive necessary to address any risk.

What if I can't comply with a condition (like GPS costs)?

Conditions cannot be based on ability to pay. If a condition imposes financial hardship, the court should consider alternatives.

Get Help with Pretrial Release

The new pretrial system presents opportunities and challenges. At Stavros Law Offices, we advocate for release with appropriate conditions and fight detention when the State overreaches.

← Back to What Happens After Arrest