People v. Shannon

Defendant, who was arrested and detained prior to implementation of the Pre-Trial Fairness Act, appealed a trial court order denying him pretrial release under the Act. Defendant argued on appeal that the State did not have the authority to file a petition to deny pretrial release due to the timing requirements of the Act. The appellate court vacated the order and remanded, explaining that defendant had the opportunity to elect to stand on his original pretrial condition to post monetary bail or to file a motion for hearing. Where, as here, defendant did not file a motion for hearing the State’s petition to detain was not timely. (BOIE, concurring and VAUGHAN, dissenting)