People v. Rios

Illinois Appellate Court
Criminal Court
Pre-Trial Release
Citation
Case Number: 
2023 IL App (5th) 230724
Decision Date: 
Thursday, November 9, 2023
District: 
5th Dist.
Division/County: 
Coles Co.
Holding: 
Reversed and remanded.
Justice: 
MOORE

Defendant appealed from an order of the trial court granting the State’s petition to deny pretrial release. The appellate court reversed and remanded, finding that while the language of the revised statute abolished the requirement of posting monetary bail, it did not eliminate the option to post the previously ordered security and that defendant must be given the option to either stand on the terms of his original pretrial conditions or file a motion under the new section 110-5(e). The appellate court noted that its holding was limited to only those defendants similarly situated to the defendant in the appeal, i.e., those defendants who were arrested and detained prior to the Act taking effect. (WELCH and CATES, concurring)