Illinois Appellate Court
Criminal Court
Pre-Trial Fairness Act
Defendant appealed from a trial court order granting the State’s petition to deny him pretrial release. Defendant, who was arrested and granted pretrial release with electronic monitoring before the Act went into effect but who had not yet been released, argued on appeal that the State’s motion was untimely and lacked merit. The appellate court reversed and remanded, finding that the State’s petition was untimely because defendant was a detainee who was ordered released but who had not actually been released and that the State was not allowed under the Act to petition to detain a person who was already in jail. (LAMPKIN and D.B. WALKER, concurring)