In this appeal, the Illinois Supreme Court considered the Pretrial Fairness Act and how its enactment impacted defendants whose cases commenced prior to its effective date. Defendant was arrested and ordered released pending trial subject to monetary bail, which defendant did not satisfy. After the Act went into effect, defendant petitioned for release and the State responded with a petition to detain. The issue before the supreme court was whether the State may petition to detain in response to a defendant’s petition to remove the condition of monetary bail. The supreme court reversed the appellate court’s judgment, holding that the trial court did not commit error when it considered defendant’s petition for release and the State’s responding petition for pretrial detention. (THEIS, OVERSTREET, HOLDER WHITE, and CUNNNINGHAM, concurring and ROCHFORD and O’BRIEN, specially concurring)
Illinois Supreme Court
Criminal Court
Pretrial Release