Bill
SB 1656
The bill lets the State revoke pretrial release for new offenses while released, with a 72-hour in‑person hearing, mandatory petitions for protective-order violations, and heighten
Status: Introduced (2/5/2025); Referred to Assignments
Primary sponsor: Sen. Suzy Glowiak Hilton. Other listed sponsors: Rhoads, McKelvey, Chang, Richards. Companion: HB 3489.
Purpose
- To expand and clarify when a defendant’s pretrial release may be revoked, to set procedural timelines for revocation proceedings, and to define related hearing and appeal rights.
Key provisions
- Expanded ground for revocation: When a defendant who previously was granted pretrial release is charged with any criminal offense alleged to have been committed while on pretrial release, the State may seek revocation of that pretrial release. (Current law limited some revocations to certain felonies or Class A misdemeanors.)
- Mandatory petition for protective order violations: If the defendant is charged with violating a protective order (or previously was convicted of such and the protected person is the same victim), the State must file a verified petition seeking revocation.
- Transfer and timing: Upon filing of a revocation petition (or on the court’s motion), the defendant and the petition must be transferred to the court before which the earlier matter is pending. The revocation hearing must occur within 72 hours of filing.
- In-person hearings: Revocation hearings generally must be conducted in person (not by two‑way audio/video), except if the defendant waives physical presence, appearance would endanger someone’s health/safety, or the chief judge documents operational challenges and approves AV use; any such operational plan must be reviewed every six months.
- Hearing rights and standards: At the revocation hearing the defendant must be represented by counsel and may present mitigation. The State bears the burden of proof to justify revocation; the draft indicates a heightened proof standard (described in the text as “clear and convincing”) that continued release would not reasonably ensure appearance or prevent further offenses. The court may revoke release or instead modify conditions.
- Post-resolution procedures: If the case that prompted revocation is dismissed, results in acquittal, or the defendant completes any sentence for that case, the court must promptly hold a hearing on conditions of release under Section 110‑5 and release the defendant (with or without modified conditions).
- Appeals: Both the State and the defendant may appeal orders that revoke pretrial release or deny a revocation petition.
- Sanctions framework: The bill retains/clarifies procedures under which courts may impose sanctions (including issuance of warrants and sanction hearings) for other violations of conditions of release.
Who is affected
- Defendants on pretrial release in Illinois (broader exposure to revocation for newly charged offenses allegedly committed while released).
- Prosecutors (expanded authority and mandatory petitions in some cases).
- Trial courts (must schedule expedited hearings, conduct mostly in-person proceedings, and handle transfer requirements).
- Defense counsel, jails, and pretrial services (potential increased detention and scheduling demands).
- Victims of protective order violations (automatic petitioning requirement).
Procedural/timeline impacts and fiscal considerations
- Requires revocation hearings within 72 hours of petition — may increase judicial and detention system workloads and short‑term jail detentions pending transfer/hearing.
- Mandated in‑person hearings and transfer procedures could strain court resources where caseloads are high.
- The bill does not include a fiscal note in the text provided; likely fiscal impact is indeterminate but could include higher short‑term incarceration costs and court staffing/operational impacts.
Notes and next steps
- Text as filed amends 725 ILCS 5/110‑6. Some language in the draft is fragmented; the summary reflects the bill’s central, readable provisions (expanded grounds for revocation, 72‑hour hearing deadline, in‑person hearing preference, State burden of proof, and mandatory petitions for protective‑order violations).
- Current status: introduced and referred; monitor committee assignments and any amendments.
Compiled from official sources — confirm details with the bill’s official record.
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