Bill
HB 5757
Allows revoking pretrial release with electronic monitoring if a defendant commits a new felony during release, with defined hearings, detention rules, and appeals.
HB5757 (104th General Assembly, Illinois) – CRIM PRO-REVOC PRETRIAL RELEAS
Overview
- Purpose: Tighten the revocation framework for pretrial release when a defendant previously released on electronic monitoring commits new offenses during release, and clarify related procedures for revocation hearings and sanctions.
- Jurisdiction: Illinois, Code of Criminal Procedure of 1963 (amends 725 ILCS 5/110-6)
Key Provisions and Changes
1) Revocation upon new felony during pretrial release with electronic monitoring
- If a defendant has previously been granted pretrial release for a felony or Class A misdemeanor and is on electronic monitoring, the pretrial release may be revoked upon a finding of probable cause that the defendant committed a felony during pretrial release.
- Revocation hearing triggers: either the court on its own motion or the State’s verified petition.
- After revocation is found, pretrial detention continues pending resolution of the new charges.
2) Exceptions and related processes
- The language requiring continued detention at each subsequent appearance (to ensure appearance or deter subsequent charges) does not apply to defendants whose pretrial release has been revoked under this new provision.
3) Transmission and timing for revocation actions
- If revocation is sought due to a violation involving a protective order (same victim as the underlying matter), the State must file a verified petition for revocation.
- Upon filing, the case and petition are transferred to the court handling the previous felony/Class A matter. The defendant may be held in custody during transfer.
- Revocation hearing must occur within 72 hours of filing the petition or court motion.
- Hearings must generally be in person (not via two-way audio-visual) unless:
- the defendant waives in-person appearance,
- physical health/safety concerns prevent attendance, or
- the chief judge orders use of remote proceedings due to operational challenges (documentation and semiannual plan updates required).
4) Standards and process at revocation hearing
- The prior felony/Class A misdemeanor matter’s court may revoke pretrial release after a hearing.
- Defendant must have counsel and be heard; the State bears the burden of clear and convincing evidence that:
- the defendant committed an act violating pretrial release,
- the defendant had actual knowledge of the violation,
- the violation was willful, and
- the violation was not caused by lack of financial resources.
- In lieu of revocation, the court may continue pretrial release with modified conditions.
5) Post-revocation outcomes and appeals
- If the underlying revocation case is dismissed, the defendant is acquitted, or completes a lawful sentence, the court must promptly hold a hearing on pretrial release conditions and release with or without modified conditions.
- Both State and defendant may appeal the revocation order or denial of a revocation petition.
6) Additional subsections and governance
- Subsection (a-5) confirms revocation when electronic monitoring is in place and probable cause finds a felony during pretrial release; pretrial detention continues during resolution.
- Subsections (b)-(j) cover related sanctions under 110-3, notice to crime victims, and procedural safeguards.
Who is Affected
- Defendants previously released on pretrial release for felony or Class A misdemeanor, especially those on electronic monitoring.
- Courts handling revocation hearings and related transfer of cases.
- State’s Attorneys and defense counsel, victims (notice requirements), and the Administrative Office of the Illinois Courts (operational planning).
Procedural/Timeline Aspects
- Revocation hearing must occur within 72 hours of filing/motion.
- In-person hearings preferred unless waivers or health/safety/operational exceptions apply; exceptions require documentation and semiannual plan updates.
- Transfers to the court of the prior matter are to occur without unnecessary delay.
- Appeals available for revocation decisions or denials.
- If a revocation triggers new detention, detention remains pending resolution of the new charges.
Notes
- The bill explicitly clarifies that the ongoing-detention-finding requirement at each appearance does not apply to revocations under this new revocation mechanism.
- It preserves other pretrial-release sanction mechanisms for non-revocation scenarios (e.g., sanctions under Section 110-3) for certain categories of offenses.
Overall Impact
- The bill strengthens enforcement by enabling revocation of pretrial release with electronic monitoring when a defendant allegedly commits a new felony during release, while outlining precise procedural steps, timelines, and safeguards for hearings, detention, and appeals.
Compiled from official sources — confirm details with the bill’s official record.
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