People v. Milner

Illinois Appellate Court
Criminal Court
Pretrial Release
Citation
Case Number: 
2024 IL App (1st) 241284
Decision Date: 
Friday, October 4, 2024
District: 
1st Dist.
Division/County: 
5th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
MIKVA

Defendant appealed from a trial court order requiring that he be detained pending trial under the dangerousness standard set out in section 110-6.1 of the Code of Criminal Procedure, arguing that the State’s petition was not timely. The appellate court disagreed and affirmed, finding that the State’s petition was timely where defendant, not the State, initiated proceedings through a petition to re-open a hearing on the conditions of his release and that the code contemplates that one possible result of such a hearing is that no conditions will satisfy the requirements of the statute for release. (ODEN JOHNSON, specially concurring and MITCHELL, specially concurring)