Defendant was on pretrial release when he was charged with an unrelated offense, resulting in his release being revoked. The charge was subsequently dismissed, but the trial court found it had the inherent authority to order defendant remain in pretrial detention. Defendant appealed. After filing the notice of appeal, defendant was found not fit to stand trial and was placed in a facility to receive mental health treatment. The State argued that this made the appeal either moot or not yet ripe for review. The appellate court reached the merits and vacated and remanded, explaining that because the order denying pretrial release remained in effect it would subject defendant to unauthorized pretrial detention once he was restored to fitness. (NAVARRO and LYLE, concurring)
Illinois Appellate Court
Criminal Court
Pretrial Release