Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 5/110-2

(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

(Text of Section before amendment by P.A. 101-652)

Sec. 110-2. Release on own recognizance.

When from all the circumstances the court is of the opinion that the
defendant will appear as required either before or after
conviction and the
defendant will not pose a danger to any person or the community
and that the
defendant will comply with all conditions of bond, which
shall include the defendant's current address with a written admonishment to
the defendant that he or she must comply with the provisions of Section 110-12
of this Code regarding any change in his or her address, the defendant may be released on his or her own recognizance. The
defendant's address shall at all times remain a matter of public record with
the clerk of the court. A failure to appear as
required by such recognizance shall constitute an offense subject to the
penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of the
bail bond, and any obligated sum fixed in the recognizance shall be
forfeited and collected in accordance with subsection (g) of Section 110-7
of this Code.

This Section shall be liberally construed to effectuate the purpose of
relying upon contempt of court proceedings or criminal sanctions
instead of financial loss to assure the
appearance of the defendant, and that the defendant will not pose a danger to
any person or the community and that the defendant will comply with all
conditions of bond. Monetary bail should be set only when it is
determined that no other conditions of release will reasonably assure the
defendant's appearance in court, that the defendant does not present a
danger to any person or the community and that the defendant will comply
with all conditions of bond.

The State may appeal any order permitting release by personal recognizance.

(Source: P.A. 97-1150, eff. 1-25-13.)

(Text of Section after amendment by P.A. 101-652)

Sec. 110-2. Release on own recognizance.

(a) 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.

(b) Additional conditions of release, including those highlighted above, shall be set only when it is determined that they are necessary to assure the defendant's appearance in court, assure the defendant does not commit any criminal offense, and complies with all conditions of pretrial release.

(c) Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight. If the court deems that the defendant is to be released on personal recognizance, the court may require that a written admonishment be signed by 
the defendant requiring that he or she must comply with the provisions of Section 110-12
of this Code regarding any change in his or her address. The defendant may be released on his or her own recognizance upon signature. The
defendant's address shall at all times remain a matter of public record with
the clerk of the court. A failure to appear as
required by such recognizance shall constitute an offense subject to the
penalty provided in Section 32-10 of the Criminal Code of 2012 for violation of the conditions of pretrial release.

(d) If, after the procedures set out in  Section 110-6.1, the court decides to detain the defendant, the Court must make a written finding as to why less restrictive conditions would not assure safety to the community and assure the defendant's appearance in court. At each subsequent appearance of the defendant before the Court, the judge must find that continued detention or the current set of conditions imposed are necessary to avoid the specific, real and present threat to any person or of willful flight from prosecution to continue detention of the defendant. The court is not required to be presented with new information or a change in circumstance to consider reconsidering pretrial detention on current conditions.

(e) This Section shall be liberally construed to effectuate the purpose of
relying upon contempt of court proceedings or criminal sanctions
instead of financial loss to assure the
appearance of the defendant, and that the defendant will not pose a danger to
any person or the community and that the defendant will not pose a
danger to any person or the community and that the defendant will comply
with all conditions of pretrial release.

(Source: P.A. 101-652, eff. 1-1-23.)