People v. Davis

Defendant appealed from a trial court order denying him pretrial release. Defendant argued on appeal that the State did not charge him with a detainable offense and that the State did not prove by clear and convincing evidence that no conditions of release could mitigate the danger he posed to the community. The appellate court agreed with defendant that he was not charged with a detainable offense. The court explained that the charge of disorderly conduct based on the defendant knowingly transmitting a false report that a crime would be committed was not a forcible felony and, as a result, vacated the trial court’s order and remanded for a hearing on the appropriate conditions of release. (BRENNAN and ALBRECHT, concurring)