How does bail work in Illinois?

1. Constitutional Framework

Ill. Const. art. I, § 9 was effectively reinterpreted by the Illinois Supreme Court in Rowe v. Raoul, 2023 IL 129248, upholding the Pretrial Fairness Act (PFA) under the SAFE-T Act.

2. Cash, Surety, Property, OR Bonds — ABOLISHED

Illinois COMPLETELY ABOLISHED cash bail effective 9/18/2023. No defendant can be held due to inability to pay. The court must release on conditions OR grant a state petition for pretrial detention based on dangerousness or willful flight (725 ILCS 5/110-6.1).

3. Bail Hearing (Now "Pretrial Release Hearing")

Under 725 ILCS 5/109-1, the defendant must appear before a judge within 48 hours of arrest. If the State seeks detention, a hearing must be held within 48 hours of the first appearance.

4. Bail Schedules — ELIMINATED

With cash bail abolished, preset money schedules no longer apply.

5. Bail Bond Agent / Bondsman — EFFECTIVELY ELIMINATED

Commercial bail bonding is functionally extinct in Illinois since 2023; the state had already banned for-profit bondsmen in 1963.

6. Conditions

Section 110-10 lists conditions: no-contact, electronic monitoring, drug testing, curfew, and supervised release.

7. Bail Forfeiture — N/A

No money bond means no forfeiture; willful flight is a basis for revocation and detention under § 110-6.

8. Reconsideration

Section 110-6 governs modification motions and review hearings.

9. Pretrial Release Programs

Counties operate pretrial services divisions managing risk assessment and supervision.

This is legal information, not legal advice.