2024 IL App (1st) 232275-U 

No. 1-23-2275B

FIRST DIVISION

March 25, 2024 

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the 

limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT

________________________________________________________________________________ 

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

 v. 

RAYVON PARKER, 

Defendant-Appellant. 

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Appeal from the

Circuit Court of

Cook County. 

Nos. CR 0886201 

23 CR 088301 

Honorable 

Timothy J. Joyce, 

Judge presiding.

JUSTICE PUCINSKI delivered the judgment of the court.

Presiding Justice Fitzgerald Smith and Justice Lavin concurred in the judgment.

ORDER

Held: We reverse and remand for the trial court to make express findings as to why no 

condition of release was appropriate under the Pretrial Fairness Act. 

¶ 1 Defendant-appellant Rayvon Parker appeals from the circuit court’s orders granting the 

State’s petitions for pretrial detention and denying defendant’s motion to reconsider. For 

the following reasons, we reverse and remand for further proceedings.

¶ 2 BACKGROUND
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¶ 3 This appeal concerns detention orders entered in two separate cases, which stem from 

defendant’s alleged involvement in a May 2023 shooting and his eventual arrest in July 2023.

In case 23 CR 886201, defendant was charged with several counts of attempt murder, as well 

as aggravated battery with discharge of firearm. In that case, the State filed a petition for 

detention premised on the attempt murder, alleging defendant posed a real and present threat 

to the safety or any person or to the community. 

¶ 4 In case 23 CR 886301, defendant was charged with armed habitual criminal, as well as 

unlawful use of a weapon by a felon and aggravated unlawful use of a weapon. The State filed 

a separate petition for pretrial detention in that case, premised on the armed habitual offense. 

The State alleged that defendant was a convicted felon and “armed with a loaded 40 caliber 

semi-automatic handgun that was used in a shooting which occurred on 5/28/23 where he was 

identified as the shooter.”

¶ 5 The record reflects that prior to the filing of the petitions for detention, defendant waived 

his right to appointed counsel and elected to proceed pro se. 

¶ 6 On October 6, 2023, the court held a hearing at which defendant argued in support of a 

number of pro se motions, including a motion to dismiss and a “motion to review bond.” 

¶ 7 In support of the motion to review bond, defendant stated that he is the owner of a 

publishing company, a “philanthropist,” and the father of two eight-year-old girls. He also 

alleged that the State relied on “false testimony” to connect him to the May 2023 shooting. He

denied he was a threat and asked the court to release him with conditions.

¶ 8 Asked by the court to respond to defendant’s motion to review bond, the State proceeded

by way of proffer on its petitions for detention, noting that the facts of both cases were 

“intermingled.”
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¶ 9 The State proffered that evidence would show that in the afternoon of May 28, 2023, the 

male shooting victim went to a house on the 8600 block of South Loomis Boulevard. A girl at 

the home “got water on the victim” with a hose. The victim “confronted the girl, who 

apologized.” The victim told “other people in the backyard what happened” and then got into 

an argument about his interaction with the girl.

¶ 10 The victim then went “into the alley where he observed the defendant” in a car. The 

defendant exited the car with a gun and “patted the victim down” before driving away. A few 

minutes later, the victim saw defendant return to the backyard with a gun. The victim turned, 

and the defendant shot him eight times. The victim was paralyzed as a result of the shooting.

¶ 11 The State proffered that Chicago police recovered six spent shell casings “near a gate 

leading to the gangway where the victim was shot.” In July 2023, the victim identified 

defendant as the shooter.

¶ 12 On July 25, 2023, Chicago police arrested defendant for attempt murder. At that time, 

police recovered from defendant’s waistband a loaded Ruger 40 caliber semiautomatic 

handgun. That gun was sent to the Chicago Police firearms lab, where it was compared with 

cartridge casings from the site of the shooting. The State proffered that “preliminary testing” 

showed that the casings matched the handgun recovered from defendant. 

¶ 13 As to criminal background, the State proffered that defendant had: (1) a 2020 conviction 

for unlawful use of a weapon by a felon (UUWF); (2) a 2018 criminal damage to government 

property conviction; (3) a conviction for aggravated battery to a police officer causing great 

bodily harm; (4) a 2009 UUWF conviction; and (5) a 2009 conviction for possession of a 

controlled substance.
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¶ 14 The State argued that defendant posed a real and present threat to “to the safety of any 

person or persons in the community based on the facts of the attempted murder that he shot 

this victim eight times, he is now paralyzed, and the defendant continued to carry that gun, 

which was recovered from him about two months later.” 

¶ 15 When the court asked defendant to respond, he urged that the State’s proffer that the victims 

identified him was “contradictory” insofar as the victim claimed to have turned away. 

Defendant asked the court to “grant me bond *** and apply any conditions you see fit to ensure 

that I return.”

¶ 16 The court proceeded to find that the State had “shown by clear and convincing evidence 

that the proof is evident and the presumption great” that defendant committed the eligible 

offenses of attempt first degree murder with a firearm as well as armed habitual criminal. The 

court also found that defendant posed a “real and present threat to the safety of persons in the 

community, including the alleged victim”, citing defendant’s criminal history. 

¶ 17 The court further stated:

“I believe further that no [condition] or combination of conditions 

set forth in the Pretrial Fairness Act, specifically under 110-10(b) 

can mitigate the real and present threat to the safety of any person 

or person in the community based on the articulable specific facts 

of this case *** and a less restrictive condition will not avoid the 

real and present threat to the safety of any person[] or persons in 

the community.” 

The court thus ordered defendant detained under the Pretrial Fairness Act in both cases.
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¶ 18 On October 16, 2023, defendant filed a pro se “Motion for Reconsideration of Order 

Denying Bail” in which he stated that his two daughters depended on him. He indicated that 

he resided for a time in San Diego before he returned to Chicago in March 2023 to help care 

for his father. He stated that after serving several years in prison, he did volunteer work with 

First Defense Legal Aid and founded a small publishing business. He described himself as a 

“philanthropist” who worked against homelessness and to promote public safety awareness.

¶ 19 In the same motion, defendant accused the State of “perjury.” He said the State had “no 

documentation” or testimony to show that he was arrested with the weapon used in the May 

2023 shooting. Defendant further stated he posed no threat to any person, noting that that the 

victim in the shooting has “around the clock police and security present” in a hospital.

¶ 20 The court heard argument on the motion to reconsider at a hearing on October 30, 2023

and then denied the motion.1 In doing so, it remarked “there are no combination of 

circumstances or conditions which would protect the safety of the public and any number of 

numerous persons who may have something to do with this case,” including the victim. The 

court also remarked that defendant “carries substantial risk of flight because of his ability to 

travel outside the city as has been indicated by a statement he was living in San Diego.”

¶ 21 On November 13, 2023, defendant filed a handwritten notice of appeal, referencing 

“Illinois Supreme Court Rule 604(c)” and setting forth numerous arguments indicating he 

1 Before ruling, the court acknowledged it had made a mistake when it told defendant of potential 

sentence he faced at a prior hearing. Specifically, the court had said he faced a maximum of 55 years, 

when he actually faced a sentence of up to natural life. After the court confirmed that defendant 

understood that he could be sentenced to natural life, the court asked if defendant still wished to proceed 

pro se. He indicated he did.
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sought to challenge the October 16 detention order as well as the October 30, 2023 denial of his 

motion for reconsideration. 

¶ 22 Three days later, defendant filed a notice of appeal using the preprinted Supreme Court 

form for a Notice of Pretrial Fairness Act Appeal pursuant to Rule 604(h). That notice of appeal 

indicate that he wished to challenge pretrial detention on the grounds that: (1) the State failed 

to prove by clear and convincing evidence that the proof is evident or the presumption great 

that defendant committed the detainable offenses; (2) the State failed to prove that defendant 

posed a real and present threat to the safety of any person or to the community based on the 

specific, articulable facts of this case; (3) the State failed to meet its burden to prove that no 

condition or combination of conditions could mitigate the real and present threat; (4) the court 

erred in determining “no condition or combination of conditions would reasonably ensure the 

appearance of defendant for later hearings”; (5) he was denied a fair hearing prior to the 

detention order because he was not provided discovery by the State and his right to have 

witnesses testify on his behalf was ignored”; and (6) it was inappropriate for the judge to “find 

defendant poses a flight risk” where the State did not argue or present evidence that he was a 

flight risk. 

¶ 23 In December 2023, on this court’s own motion, the Office of the State Appellate Defender 

was appointed to represent defendant. Defendant’s counsel has filed a brief whose argument is 

focused on a single claim of error: that the State failed prove by clear and convincing evidence 

that no condition or combination of conditions could mitigate the threat posed to any person 

or the community. See 725 ILCS 5/110-6.1(e)(3) (West 2022). The brief otherwise states that 

defendant “stands on the remaining issues detailed in his pro se notice of appeal.” 
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¶ 24 The State has filed a response brief in which it argues that defendant has forfeited any claim 

that the State failed to meet its its burden to show that (1) the proof was evident that defendant 

committed the offenses at issue and (2) that defendant presented a danger to any person or the 

community. See 725 ILCS 5/110-6.1(e)(1,2) (West 2022). Forfeiture aside, the State argues 

that it met these first two threshold requirements.

¶ 25 Nevertheless, the State’s brief acknowledges there was error with respect to the separate 

statutory prerequisite for detention under section 110-6.1(e)(3), conceding that the trial court 

“erroneously found that no conditions would mitigate defendant’s threat to any person or the 

community.” See 725 ILCS 5/110-6.1(e)(3) (West 2022). The State acknowledges the State 

“did not offer any evidence on this element.” Citing People v. Stock, 2023 IL App (1st) 231753, 

the State asks that we remand the matter for additional proceedings. 

¶ 26 For the following reasons, while we reject the State’s concession, we ultimately reverse the 

pretrial detention orders and remand for further proceedings consistent with this decision. 

¶ 27 ANALYSIS

¶ 28 As threshold matter, we note that we have jurisdiction because defendant filed a 

handwritten notice of appeal on November 13, 2023, within 14 days of the October 30 order 

denying his motion for reconsideration from the detention order. See Ill. S. Ct. R. 604(h)(2) 

(Dec. 7, 2023) (“Review shall be by Notice of Appeal filed in the circuit court within 14 days 

of the entry or denial of the order form which review is being sought.”) The State suggest that 

the November 13 notice of appeal was “deficient on its face” because it mistakenly referred to 

Rule 604(c) and not Rule 604(h) and because it did not use the supreme court form for a notice 

of appeal pursuant to Rule 604(h). However, liberally construed, the original handwritten 

notice of appeal made clear that defendant sought to challenge the pretrial detention order. See 
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People v. Smith, 228 Ill. 2d 95, 104-05 (2008) (a notice of appeal is to be “construed liberally” 

and will be sufficient to confer jurisdiction when taken as a whole, it identifies the judgment 

complained of and advises the appellee of the nature of the appeal.”); see also People v. 

Gathing, 2023 IL App (3d) (the “failure to comply with Rule 604(h)(2)’s requirement that the 

notice of appeal describe the relief requested and the grounds for that relief is not jurisdictional. 

[Citations.]”). Thus, the first pro se notice of appeal conferred appellate jurisdiction.

¶ 29 The second pro se notice of appeal, filed November 16, 2023, is not the controlling notice 

of appeal. We note that standing alone, that notice of appeal would be untimely to confer 

jurisdiction, as it was not filed within 14 days. See Ill. S. Ct. R. 604(h)(2) (“Review shall be 

by Notice of Appeal filed in the circuit court within 14 days of the entry or denial of the order 

from which review is being sought.”) Rather, it appears that defendant was attempting to 

amend his original November 13 handwritten notice of appeal by adding new arguments on 

the designated Rule 604(h) form he filed three days later. Although this action was 

understandable, our supreme court rules simply do not contemplate an amended notice of 

appeal from a detention order. Rule 604(h) does not mention any manner in which a defendant 

may amend a notice of appeal from a pretrial detention order. And Rule 606(d) now explicitly 

excludes such Pretrial Fairness Act appeals from the procedure for filing an amended notice of 

appeal set forth in Rule 303(b)(5). See Rule 606 (d) (eff. Dec. 7, 2023) (“Except as provided 

in Rule 604(h), the notice of appeal may be amended as provided in Rule 303(b)(5).”) 

¶ 30 We now turn to the merits. Pretrial release is governed by article 110 of the Code of 

Criminal Procedure of 1963 (Code), as amended by Public Act 101-652 (eff. Jan. 1, 2023), 

sometimes referred to as the “Safety, Accountability, Fairness and Equity-Today (SAFE-T) 
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Act” or the “Pretrial Fairness Act.”2 Under article 110 of the Code, a defendant’s pretrial 

release may only be denied in certain limited situations. See 725 ILCS 5/110-2(a), 110-6.1 

(West 2022). 

¶ 31 “Section 110-6.1(e) of the Code presumes that all defendants are eligible for pretrial release 

and places the burden of justifying pretrial detention by clear and convincing evidence on the 

State.” People v. Stock, 2023 IL (1st) 231753, ¶ 11; 725 ILCS 5/110-6.1(e) (West 2022). If the 

State files a petition requesting denial of pretrial release, “the State has the burden to prove by 

clear and convincing evidence that the proof is evident or the presumption great that a 

defendant has committed a qualifying offense, that the defendant’s pretrial release poses a real 

and present threat to the safety of another person or the community or a flight risk, and that 

less restrictive conditions would not avoid a real and present threat to the safety of any person 

or the community and/or prevent the defendant’s willful flight from prosecution.” People v. 

Vingara, 2023 IL App (5th) 230968, ¶ 7; 725 ILCS 5/110-6.1(e), (f) (West 2022). 

¶ 32 Applicable Standard of Review

¶ 33 Appellate decisions conflict as to the standard of review to be applied to the trial court’s 

determinations that the State met its burden to prove the three threshold requirements that “the 

proof is evident or the presumption great that the defendant has committed” a qualifying 

detainable offense (725 ILCS 5/110-6.1(e)(1)); that the “defendant poses a real and present 

threat to the safety of any person or persons or the community, based on the specific articulable

facts of the case” ( id § 110-6.1(e)(2); and that “no condition or combination of conditions set 

2 Our supreme court has recognized that “[n]either name is official, as neither appears in the Illinois 

Compiled Statutes or public acts.” Rowe v. Raoul, 2023 IL 129248, ¶ 4 n. 1.
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forth in subsection (b) of Section 110-10 of this Article can mitigate” the safety threat or the 

risk of willful flight. Id. §110-6.1(e)(3). 

¶ 34 Certain decisions have held that an abuse of discretion standard of review applies to these

findings. See People v. Whitmore, 2023 IL App (1st) 231807, ¶ 18 ;People v. Inman, 2023 IL 

App (4th) 230864, ¶ 11. Other appellate decisions have applied the “manifest weight of the 

evidence” standard of review to the trial court’s findings as to whether the State proved the 

threshold requirements of section 110-6.1(e) by clear and convincing evidence. See, e.g., 

People v. Pitts, 2024 IL App (1st) 232336, ¶ 15 (recognizing some courts have used abuse of 

discretion standard but “We think the most appropriate standard by which to review this 

sufficienty question is whether the trial court’s findings were against the manifest weight of 

the evidence.”); Stock, 2023 IL App (1st) 231753, ¶¶ 12-14 (applying manifest weight standard 

to court’s findings that “proof was evident or the presumption was great” that defendant 

committed offense and that defendant posed a real and present threat). 

¶ 35 A number of recent decisions in this district have reasoned that a mixed standard applies, 

depending on which section 110-6.1(e) prerequisite to pretrial detention is at issue.

Specifically, these decisions have found that the manifest weight of the evidence standard 

applies to the trial court’s determination as to whether the State met its burden to prove that

the “proof is evident or the presumption great” that defendant committed a qualifying offense

or that defendant “poses a real and present threat” to a person or the community. See People 

v. Saucedo, 2024 IL App (1st) 232020, at ¶ 35 (“Because the first two propositions involve 

factual findings, we will review those two determinations under the manifest weight of the 

evidence standard of review.”); People v. Whitaker, 2024 IL App (1st) 232009, ¶¶ 61-62 (these

two determinations “are highly intensive factual questions” and “this court will review the trial 
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court’s factual findings after a detention hearing for the manifest weight of the evidence”).

However, these decisions have applied abuse of discretion review to the trial court’s 

determination that no conditions besides pretrial detention could mitigate the threat. See

Saucedo, 2024 IL App (1st) 232020, ¶ 36 (explaining this determination “involves a trial 

judge’s reasoning and opinion” as the trial court “must exercise a degree of discretion to 

determine whether any less restrictive means will mitigate the threat a defendant poses to a 

person or the community.”); Whitaker, 2024 IL App (1st) 232009, ¶ 63 (“the trial court must 

exercise discretion” in determining whether less restrictive means will mitigate the threat); see 

also People v. Trottier, 2023 IL App (2d) 230317, ¶ 13 (applying manifest weight standard to 

trial court’s factual findings regarding dangerousness, but ultimate detention decision is 

reviewed for an abuse of discretion).

¶ 36 We find the mixed approach is well-reasoned. Insofar as the State must prove by “clear 

and convincing evidence” that “the proof is evident or the presumption great” that the 

defendant committed a qualifying offense and that defendant poses a real and present 

threat.725 ILCS 5/110-6.1(e) (West 2022), those factual findings are properly reviewed under 

the manifest weight of the evidence standard. However, a determination that no less restrictive 

conditions could mitigate the threat involves an exercise of discretion. See Saucedo, 2024 IL 

App (1st) 232020, ¶ 36. Thus, “we review for an abuse of discretion the trial court’s ultimate 

determination regarding pretrial release.” Trottier, 2023 IL App (2d) 230317, ¶ 13.

¶ 37 The Trial Court’s Findings on the First Two Requirements for Pretrial Detention Under Section 

110-6.1(e) Were Not Against the Manifest Weight of the Evidence

¶ 38 We note that the brief filed by defendant’s counsel argues only a single claim of error 

regarding the court’s determination under section 110-6.1(e)(3) that no conditions short of 
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pretrial detention could mitigate the threat. See 725 ILCS 5/110-6.1(e)(3). The brief otherwise 

says defendant “stands on the remaining issues detailed in his pro se notice of appeal.” The 

State thus urges that defendant has forfeited any claims of error as to the trial court’s

determination that the State met the first two threshold requirements for pretrial detention 

under section 110-6.1(e)(1) regarding proof of the underlying offenses and (e)(2), regarding 

proof that he posed a real and present threat. That is, the State suggests that if a defendant 

elects to file a brief, he must present all his claims there and cannot simply refer back to 

arguments contained in a notice of appeal pursuant to Rule 604(h). There is case law support 

for the State’s forfeiture position. See People v. Forthenberry, 2024 IL App (5th), ¶¶ 42-44 

(argument forfeited where memorandum “attempts to incorporate arguments in the [Rule 

604(h)] notice of appeal into the memorandum by way of reference”); People v. Acosta, 2024 

IL App 230475, ¶16 (declining to “address the issues raised only in the notices of appeal and 

not included in OSAD’s memoranda” but noting forfeiture is a limitation on the parties and 

not the court).

¶ 39 In any event, even if we could consider the arguments in defendant’s notice of appeal, we 

would still find that it was not against the manifest weight of the evidence for the trial court to 

determine that the State met its burden to show by clear and convincing evidence that the 

“proof is evident or the presumption great” that the defendant committed the underlying 

offenses. 725 ILCS 5/110-6.1(e)(2) (West 2022). 

¶ 40 According to defendant, when responding officers arrived at the scene of the shooting, the 

victim “refused” to tell them what happened. Defendant also claims the State “misled” the

court because it did not “tender[] any evidence” to support that he was arrested with the firearm 

used in the May 2023 shooting. These contentions are unavailing. Insofar as defendant 
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complains the State did not tender evidence, the State is expressly statutorily permitted to 

proceed by way of proffer, as it did in this case. 725 ILCS 5/110-6.1(f)(2)(West 2022). Here, 

the State proffered that six shell casings were recovered at the site of the shooting, and lab 

testing showed the shell casings came from the same handgun found on defendant at his arrest. 

Separately, if the victim initially “refused” to speak to responding officers, the mere fact that 

the victim did not immediately name defendant would not, in itself, preclude the court from 

finding that the State met its burden to show the “proof was evident” that defendant was the 

shooter. Thus, we cannot say it was against the manifest weight of the evidence when the trial 

court determined that the State met its burden to show that the “proof is evident or the 

presumption great” that the defendant committed the offenses that formed the basis of the 

petitions for detention. 725 ILCS 5/110-6.1(e)(1).

¶ 41 Defendant’s November 16 notice of appeal also disputed that the State met its burden to 

prove he posed a real and present threat to the safety or any person or person or the community, 

based on the specific, articulable fact of the case. See id. § 110-6.1(e)(2). However, he did not 

attempt to argue why the finding was unreasonable, but merely recited defendant’s 

understanding of the factual allegations surrounding the shooting.

3 In any event, given the 

State’s proffer indicating that defendant shot and paralyzed the victim following an argument, 

3 Defendant filled out this portion of the notice of appeal as follows: “Although [defendant] has 

yet to be tendered any of the statements of any witnesses * ** the specific articulable facts of the case 

know to him are from testimony given to a grand jury. Alleged victim confronted a little girl whom told 

people at the house what happen[ed]. Victim is then involved in argument with multiple people. Victim 

then alleges defendant approached him with a gun, then left. The victim does not allege to [have] contact[ed] 

police, but admits to return to confront an armed offender.”
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we cannot say that it was against the manifest weight of the evidence for the trial court to 

determine that the State met its burden of proof as to a “real and present threat.” See id.

¶ 42 No Mitigating Conditions

¶ 43 This brings us to the contention set forth in defendant’s brief—that the State failed to prove 

by clear and convincing evidence that "no condition or combination of conditions” could

mitigate the real and present threat presented by defendant “based on the specific articulable 

facts of the case.” 725 ILCS 5/110-6.1(e)(3). Defendant contends the State “presented no 

evidence about conditions of release” and “never discussed any possible conditions of release” 

or why such conditions could not mitigate any threat. In its brief, the State “concedes that the 

trial court incompletely and thus erroneously found that no conditions would mitigate 

defendant’s threat” and that the State “did not offer any evidence on this element.” We 

disagree.

¶ 44 Section 7(a) of the Pretrial Services Act, which supports the Pretrial Fairness Act, states 

that “[p]retrial services agencies shall *** [i]nterview and assemble verified information and 

data concerning the community ties, employment, residency, criminal record, and social 

background of arrested persons who are to be, or have been, presented in court for first 

appearance on felony charges, to assist the court in determining the appropriate terms and 

conditions of pretrial release[.]” (Emphasis added.) 725 ILCS 185/7 (West 2022). It is unclear 

from this record the degree to which pretrial services were involved in this case, potentially 

because defendant was arrested and confined prior to the Pretrial Fairness Act taking effect 

and prior to defendant’s initial hearing under that act. We also note that while section 6.4 of 

the Pretrial Fairness Act permits the use of an assessment risk tool to help the court decide

upon a defendant’s release, that act does not require it. In any event, the record contains ample 
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evidence supporting the trial court’s determination that “no condition or combination of 

conditions set forth in subsection (b) of Section 110-10 of this Article can mitigate (i) the real 

and present threat to the safety of any person or persons or the community, based on the specific 

articulable facts of the case, for offenses listed in paragraphs (1) through (7) of subsection 

(a)[.]” 725 ILCS 6/110-6.1(e)(3) (West 2022). The potential conditions set forth in section 110-

10 include, among other things, reporting in person, refraining from possessing a firearm, 

refraining from communicating with particular persons, refraining from going to certain areas, 

being under home supervision with or without electronic monitoring. 725 ILCS 6/110-10(b) 

(West 2022). All of these conditions, however, require that a defendant be able and willing to 

comply with and respect the government actors and property necessary to enforce these 

conditions. 

¶ 45 Below, the State proffered that defendant had: (1) a 2020 conviction for unlawful use of a 

weapon by a felon (UUWF); (2) a 2018 criminal damage to government property conviction; 

(3) a conviction for aggravated battery to a police officer causing great bodily harm; (4) a 2009 

UUWF conviction; and (5) a 2009 conviction for possession of a controlled substance. 

Collectively, the first four of those offenses demonstrates that defendant is unwilling to 

relinquish a firearm, despite law requiring him to do so, and that he will use force against 

government actors and property when it suits him to do so. See, e.g., People v. Hurtado, 2024 

IL App (2d) 230517-U, ¶ 12 (in determining whether pretrial release conditions can mitigate 

the threat to people and/or the community, courts may consider (1) the nature and 

circumstances of the offense[s] charged, (2) the weight of the evidence against the defendant, 

(3) the history and characteristics of the defendant, (4) the nature and seriousness of the 

specific, real and present threat to any person that would be posed by the defendant’s release, 
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and (5) the risk that the defendant will obstruct or attempt to obstruct the criminal justice 

process). This is the antithesis of the ability and willingness to comply with the aforementioned 

conditions of pretrial release, notwithstanding defendant’s contrary statements made to the trial 

court. Cf. Stock, 2023 IL App (1st) 231753, ¶¶ 7, 17, 19 (finding the State failed to prove that 

less restrictive conditions would not avoid a real and present threat where pretrial services 

found defendant scored 1 out of 6 on the new criminal activity and failure to appear scales and 

had no criminal history, and finding that “the bare allegations that defendant has committed a 

violent offense are not sufficient to establish this element”). We cannot accept the State’s 

concession that the evidence did not exclude the appropriateness of release with some 

combination of conditions. See People v. Andino-Acosta, 2024 IL App (2d) 230463, ¶ 17 

(observing that the purpose of the Pretrial Fairness Act “is to effectuate the goal of utilizing 

pretrial release by nonmonetary means to reasonably ensure an eligible person’s appearance in 

court, the safety of the community, and compliance with the law and with pretrial conditions, 

while authorizing the court, upon motion of the prosecutor, to detain when it finds by clear and 

convincing evidence that no condition or combination of conditions can reasonably ensure 

those goals” (emphasis added.)). 

¶ 46 Defendant also asserts, and the State agrees, that the court did not make the statutorily 

required “written finding summarizing the court’s reasons for concluding that the defendant 

should be denied pretrial release, including why less restrictive conditions would not avoid a 

real and present threat.” 725 ILCS 110-6.1(h)(1) (West 2022). This is borne out by the record. 

Yet, defendant has cited no authority showing that the remedy for this particular violation must 

be his release.
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¶ 47 In Stock, unlike this case, the State presented no evidence showing that no conditions of 

release were available, but the trial court ordered him to be detained. Stock, 2023 IL App (1st) 

231753, ¶ 17. In the space provided on the form order to describe why no condition or 

combination of conditions could mitigate the real and present threat, the court wrote only that 

“ ‘The defendant shot a firearm at the complaining witness.’ ” Id. ¶ 8. The reviewing court 

found that the trial court’s written order did not meet the statutory requirement of an 

explanation of why less restrictive conditions would not avoid a real and present threat. Id. ¶ 

20 (citing 725 ILCS 5/110-6.1(h)(1)). Moreover, it’s important to note that in Stock, unlike this 

case, the defendant had no other criminal history beyond that case and the record demonstrated 

that the defendant was otherwise a “law-abiding member of the community.” Stock, 2023 IL 

App (1st) 231753, ¶ 19. 

¶ 48 Having already determined that evidence was insufficient to show no conditions of release 

were available, the reviewing court, as a remedy, reversed and remanded, directing the trial 

court to “enter an order consistent with this opinion with the caveat that we express no opinion 

about what conditions of pretrial release should or should not be imposed upon defendant and 

leave that to the discretion of the trial court.” Id. ¶ 22. 

¶ 49 As stated, in the instant case, we find the record amply supports the determination that 

anything less than detention would not avoid a real and present threat. Thus, Stock is 

meaningfully distinguishable. In addition, the Act’s purpose of protecting the public would be 

undermined by holding that this error alone compelled defendant’s release. See Andino-Acosta, 

2024 IL App (2d) 230463, ¶ 17. We reverse and remand solely for the trial court to comply 

with section 110-6.1(h)(1). While nothing precludes the court from reevaluating whether 

release is appropriate, the record here does not compel that finding. 
No. 1-23-2275B 

- 18 - 

¶ 50 CONCLUSION

¶ 51 For the foregoing reasons, we reverse and remand for further proceedings consistent with 

this order.

¶ 52 Reversed and remanded.