HB4104 modifies Illinois criminal procedure to allow discretionary denial of pretrial release for felony defendants.
HB4104 amends the Illinois Code of Criminal Procedure to allow courts to deny pretrial release for felony defendants if certain conditions are met. The court may deny release if the defendant poses a threat to public safety or is likely to flee prosecution. Specific factors the court must consider include the nature of the charged offense, the defendant's criminal history, and any risk to victims. The defendant has rights to counsel, to present evidence, and to cross-examine witnesses. The state must prove by clear and convincing evidence that pretrial release poses an unacceptable risk.
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- Core Provisions
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- Legal Framework
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