People v. Castillo

Defendant appealed from a circuit court order continuing her pretrial detention under the Pre-Trial Fairness Act. Defendant argued on appeal that the State failed to demonstrate that no condition or combination of conditions could protect the community from the any real and present threat posed by her release and that the State failed to demonstrate that there were no conditions of release that would reasonably ensure defendant’s appearance. The appellate court reversed and remanded for new proceedings, finding that the trial court abused its discretion when the trial court failed to explain reasons why less restrictive conditions would not mitigate the risk to victims or of willful flight. (ODEN JOHNSON and HYMAN, concurring)