Release After an Arrest
725 ILCS 5/110-1.5 — no cash bail since January 1, 2023, release presumed, and detention only after a hearing
On and after January 1, 2023, the requirement of posting monetary bail is abolished in Illinois, except under the interstate compacts on extradition and drivers' violations.
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- Everyone charged with an offense is eligible for pretrial release before conviction.
- A defendant is presumed entitled to release on personal recognizance, on the conditions of attending court, committing no offense, and following the terms of release, including any protective order.
- At every pretrial hearing the prosecution has to prove by clear and convincing evidence that any condition of release is necessary.
Release may be denied only on the State's verified petition, after a hearing, for an offense the denial section lists, such as a forcible felony where the defendant's release poses a real and present threat to the safety of any person or the community, based on the specific articulable facts of the case.
Before a judge without unnecessary delay. A person arrested for an offense for which release may be denied is taken without unnecessary delay before the nearest and most accessible judge in the county, and a charge is filed. Where the county belongs to a regional jail authority, that is within 48 hours.
Sources for this section (4)
- 725 ILCS 5/110-1.5 — Abolition of monetary bail
- 725 ILCS 5/110-2 — Pretrial release
- 725 ILCS 5/110-6.1 — Denial of pretrial release
- 725 ILCS 5/109-1 — Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.