725 ILCS 5/110-4
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title III - Proceedings After Arrest

 (from Ch. 38, par. 110-4)(Text of Section before amendment by P.A. 101-652)Sec. 110-4. Bailable Offenses.(a) All persons shall be bailable before conviction, except the  following offenses where the proof is evident or the presumption great that  the defendant is guilty of the offense:  capital offenses; offenses for  which a sentence of life imprisonment may be imposed as a consequence of  conviction; felony offenses for which a sentence of imprisonment,  without conditional and revocable release, shall be imposed  by law as a consequence of conviction, where the court after a hearing,  determines that the release of the defendant would pose a real and present  threat to the physical safety of any person or persons; stalking or  aggravated stalking, where the court, after a hearing, determines that the  release of the defendant would pose a real and present threat to the  physical safety of the alleged victim of the offense and denial of bail  is necessary to prevent fulfillment of the threat upon which the charge  is based;  or unlawful use of weapons in violation of item (4) of subsection (a) of  Section 24-1 of the  Criminal Code of 1961 or the Criminal Code of 2012 when that offense occurred in a school or in any  conveyance owned,  leased, or contracted by a school to transport students to or from school or a  school-related  activity, or on any public way within 1,000 feet of real property comprising  any school, where  the court, after a hearing, determines that the release of the defendant would  pose a real and  present threat to the physical safety of any person and denial of bail is  necessary to prevent  fulfillment of that threat; or making a terrorist threat in violation of    Section 29D-20 of the Criminal Code of 1961 or the Criminal Code of 2012 or an attempt to commit the offense of making a terrorist threat, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat.(b) A person seeking release on bail who is charged with a capital  offense or an offense for which a sentence of life imprisonment may be  imposed shall not be bailable until a hearing is held wherein such person  has the burden of demonstrating that the proof of his guilt is not evident  and the presumption is not great.(c) Where it is alleged that bail should be denied to a person upon the  grounds that the person presents a real and present threat to the physical  safety of any person or persons, the burden of proof of such allegations  shall be upon the State.(d) When it is alleged that bail should be denied to a person  charged with stalking or aggravated stalking upon the grounds set forth in  Section 110-6.3 of this Code, the burden of proof of those allegations shall be  upon the State.  (Source: P.A. 97-1150, eff. 1-25-13.)(Text of Section after amendment by P.A. 101-652)Sec. 110-4. Pretrial release.(a) All persons charged with an offense shall be eligible for pretrial  release before conviction. Pretrial release may only be denied when a  person is charged with an offense listed in Section 110-6.1 or when the defendant has a high likelihood of willful  flight, and after the court has held a hearing under Section  110-6.1.(b) A person seeking pretrial release who is charged with a capital  offense or an offense for which a sentence of life imprisonment may be  imposed shall not be eligible for release pretrial until a hearing is held wherein such person  has the burden of demonstrating that the proof of his guilt is not evident  and the presumption is not great.(c) Where it is alleged that pretrial should be denied to a person upon the  grounds that the person presents a real and present threat to the physical  safety of any person or persons, the burden of proof of such allegations  shall be upon the State.(d) When it is alleged that pretrial should be denied to a person  charged with stalking or aggravated stalking upon the grounds set forth in  Section 110-6.3 of this Code, the burden of proof of those allegations shall be  upon the State.  (Source: P.A. 101-652, eff. 1-1-23.)