725 ILCS 5/110-10
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. 110-10)(Text of Section before amendment by P.A. 101-652)Sec. 110-10. Conditions of bail bond.(a) If a person is released prior to conviction, either upon payment of  bail security or on his or her own recognizance, the conditions of the bail  bond shall be that he or she will:(1) Appear to answer the charge in the court having     jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;(2) Submit himself or herself to the orders and     process of the court;(3) Not depart this State without leave of the court;(4) Not violate any criminal statute of any     jurisdiction;(5) At a time and place designated by the court,     surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court  when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Illinois State Police; all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and(6) At a time and place designated by the court,     submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 and that violation 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.Psychological evaluations ordered pursuant to this Section shall be completed  promptly  and made available to the State, the defendant, and the court.  As a further  condition of bail under  these circumstances, the court shall order the defendant to refrain from  entering upon the  property of the school, including 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.  Upon receipt of the psychological evaluation,  either the State or the defendant may request a change in the conditions of bail, pursuant to  Section 110-6 of this Code.  The court may change the conditions of bail to include a  requirement that the defendant follow the recommendations of the psychological evaluation,  including undergoing psychiatric treatment.  The conclusions of the  psychological evaluation and  any statements elicited from the defendant during its administration are not  admissible as evidence  of guilt during the course of any trial on the charged offense, unless the  defendant places his or her  mental competency in issue.(b) The court may impose other conditions, such as the following, if the  court finds that such conditions are reasonably necessary to assure the  defendant's appearance in court, protect the public from the defendant, or  prevent the defendant's unlawful interference with the orderly administration  of justice:(1) Report to or appear in person before such person     or agency as the court may direct;(2) Refrain from possessing a firearm or other     dangerous weapon;(3) Refrain from approaching or communicating with     particular persons or classes of persons;(4) Refrain from going to certain described     geographical areas or premises;(5) Refrain from engaging in certain activities or     indulging in intoxicating liquors or in certain drugs;(6) Undergo treatment for drug addiction or     alcoholism;(7) Undergo medical or psychiatric treatment;(8) Work or pursue a course of study or vocational     training;(9) Attend or reside in a facility designated by the     court;(10) Support his or her dependents;(11) If a minor resides with his or her parents or in     a foster home, attend school, attend a non-residential program for youths, and contribute to his or her own support at home or in a foster home;(12) Observe any curfew ordered by the court;(13) Remain in the custody of such designated person     or organization agreeing to supervise his release.  Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court;(14) Be placed under direct supervision of the     Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;(14.1) The court shall impose upon a defendant who is     charged with any alcohol, cannabis, methamphetamine, or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee that represents costs incidental to the electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.  The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.  The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.The Chief Judge of the circuit court of the county     may by administrative order establish a program for electronic monitoring of offenders with regard to drug-related and alcohol-related offenses, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county.  The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.The Chief Judge of the circuit court may  suspend any     additional charges or fees for late payment, interest, or damage to any device;(14.2) The court shall impose upon all defendants,     including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial bond home supervision capacity with the use of an approved monitoring device, as a condition of such bail bond, a fee which shall represent costs incidental to such electronic monitoring for each day of such bail supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.  The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.  The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections.  The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section  6-29002 of the Counties Code, as the case may be, except as provided in an administrative order of the Chief Judge of the circuit court.The Chief Judge of the circuit court of the county     may by administrative order establish a program for electronic monitoring of offenders with regard to drug-related and alcohol-related offenses, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county.  The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.The Chief Judge of the circuit court may  suspend any     additional charges or fees for late payment, interest, or damage to any device;(14.3) The Chief Judge of the Judicial Circuit may     establish reasonable fees to be paid by a person receiving pretrial services while under supervision of a pretrial services agency, probation department, or court services department. Reasonable fees may be charged for pretrial services including, but not limited to, pretrial supervision, diversion programs, electronic monitoring, victim impact services, drug and alcohol testing, DNA testing, GPS electronic monitoring, assessments and evaluations related to domestic violence and other victims, and victim mediation services.  The person receiving pretrial services may be ordered to pay all costs incidental to pretrial services in accordance with his or her ability to pay those costs;(14.4) For persons charged with violating Section     11-501 of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1-129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices.  Under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;(15) Comply with the terms and conditions of an order     of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;(16) Under Section 110-6.5 comply with the conditions     of the drug testing program; and(17) Such other reasonable conditions as the court     may impose.(c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,  12-14.1,  12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a  minor under 18 years of age living in the same household with the defendant  at the time of the offense, in granting bail or releasing the defendant on  his own recognizance, the judge shall impose conditions to restrict the  defendant's access to the victim which may include, but are not limited to  conditions that he will:1. Vacate the household.2. Make payment of temporary support to his     dependents.3. Refrain from contact or communication with the     child victim, except as ordered by the court.(d) When a person is charged with a criminal offense and the victim is  a family or household member as defined in Article 112A, conditions shall  be imposed at the time of the defendant's release on bond that restrict the  defendant's access to the victim.  Unless provided otherwise by the court, the  restrictions shall include  requirements that the defendant do the following:(1) refrain from contact or communication with the     victim for a minimum period of 72 hours following the defendant's release; and(2) refrain from entering or remaining at the     victim's residence for a minimum period of 72 hours following the defendant's release.(e) Local law enforcement agencies shall develop standardized bond forms  for use in cases involving family or household members as defined in  Article 112A, including specific conditions of bond as provided in  subsection (d).  Failure of any law enforcement department to develop or use  those forms shall in no way limit the applicability and enforcement of  subsections (d) and (f).(f) If the defendant is admitted to bail after conviction the  conditions of the bail bond shall be that he will, in addition to the  conditions set forth in subsections (a) and (b) hereof:(1) Duly prosecute his appeal;(2) Appear at such time and place as the court may     direct;(3) Not depart this State without leave of the court;(4) Comply with such other reasonable conditions as     the court may impose; and(5) If the judgment is affirmed or the cause reversed     and remanded for a new trial, forthwith surrender to the officer from whose custody he was bailed.(g) Upon a finding of guilty for any felony offense, the defendant shall  physically surrender, at a time and place designated by the court,  any and all firearms in his or her possession and his or her Firearm Owner's  Identification Card as a condition of remaining on bond pending sentencing.(h) In the event the defendant is unable to post bond, the court may impose a no contact provision with the victim or other interested party that shall be  enforced while the defendant remains in custody. (Source: P.A. 101-138, eff. 1-1-20.)(Text of Section after amendment by P.A. 101-652)Sec. 110-10. Conditions of pretrial release.(a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will:(1) Appear to answer the charge in the court having     jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;(2) Submit himself or herself to the orders and     process of the court;(3) (Blank);(4) Not violate any criminal statute of any     jurisdiction;(5) At a time and place designated by the court,     surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court  when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Illinois State Police; all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and(6) At a time and place designated by the court,     submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 and that violation 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.Psychological evaluations ordered pursuant to this Section shall be completed  promptly  and made available to the State, the defendant, and the court.  As a further  condition of pretrial release under  these circumstances, the court shall order the defendant to refrain from  entering upon the  property of the school, including 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.  Upon receipt of the psychological evaluation,  either the State or the defendant may request a change in the conditions of pretrial release, pursuant to  Section 110-6 of this Code.  The court may change the conditions of pretrial release to include a  requirement that the defendant follow the recommendations of the psychological evaluation,  including undergoing psychiatric treatment.  The conclusions of the  psychological evaluation and  any statements elicited from the defendant during its administration are not  admissible as evidence  of guilt during the course of any trial on the charged offense, unless the  defendant places his or her  mental competency in issue.(b) The court may impose other conditions, such as the following, if the  court finds that such conditions are reasonably necessary to assure the  defendant's appearance in court, protect the public from the defendant, or  prevent the defendant's unlawful interference with the orderly administration  of justice:(0.05) Not depart this State without leave of the     court;(1) Report to or appear in person before such person     or agency as the court may direct;(2) Refrain from possessing a firearm or other     dangerous weapon;(3) Refrain from approaching or communicating with     particular persons or classes of persons;(4) Refrain from going to certain described     geographical areas or premises;(5) Refrain from engaging in certain activities or     indulging in intoxicating liquors or in certain drugs;(6) Undergo treatment for drug addiction or     alcoholism;(7) Undergo medical or psychiatric treatment;(8) Work or pursue a course of study or vocational     training;(9) Attend or reside in a facility designated by the     court;(10) Support his or her dependents;(11) If a minor resides with his or her parents or in     a foster home, attend school, attend a non-residential program for youths, and contribute to his or her own support at home or in a foster home;(12) Observe any curfew ordered by the court;(13) Remain in the custody of such designated person     or organization agreeing to supervise his release.  Such third party custodian shall be responsible for notifying the court if the defendant fails to observe the conditions of release which the custodian has agreed to monitor, and shall be subject to contempt of court for failure so to notify the court;(14) Be placed under direct supervision of the     Pretrial Services Agency, Probation Department or Court Services Department in a pretrial  home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;(14.1) The court may impose upon a defendant who is     charged with any alcohol, cannabis, methamphetamine, or controlled substance violation and is placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial home supervision capacity with the use of an approved monitoring device, as a condition of such pretrial monitoring, a fee that represents costs incidental to the electronic monitoring for each day of such pretrial supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.  The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.  The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.The Chief Judge of the circuit court of the county     may by administrative order establish a program for electronic monitoring of offenders with regard to drug-related and alcohol-related offenses, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county.  The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.The Chief Judge of the circuit court may  suspend any     additional charges or fees for late payment, interest, or damage to any device;(14.2) The court may impose upon all defendants,     including those defendants subject to paragraph (14.1) above, placed under direct supervision of the Pretrial Services Agency, Probation Department or Court Services Department in a pretrial home supervision capacity with the use of an approved monitoring device, as a condition of such release, a fee which shall represent costs incidental to such electronic monitoring for each day of such supervision ordered by the court, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.  The fee shall be collected by the clerk of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.  The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections.  The county treasurer shall deposit the fee collected in the county working cash fund under Section 6-27001 or Section  6-29002 of the Counties Code, as the case may be, except as provided in an administrative order of the Chief Judge of the circuit court.The Chief Judge of the circuit court of the county     may by administrative order establish a program for electronic monitoring of offenders with regard to drug-related and alcohol-related offenses, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county.  The program shall include provisions for indigent offenders and the collection of unpaid fees. The program shall not unduly burden the offender and shall be subject to review by the Chief Judge.The Chief Judge of the circuit court may  suspend any     additional charges or fees for late payment, interest, or damage to any device;(14.3) The Chief Judge of the Judicial Circuit may     establish reasonable fees to be paid by a person receiving pretrial services while under supervision of a pretrial services agency, probation department, or court services department. Reasonable fees may be charged for pretrial services including, but not limited to, pretrial supervision, diversion programs, electronic monitoring, victim impact services, drug and alcohol testing, DNA testing, GPS electronic monitoring, assessments and evaluations related to domestic violence and other victims, and victim mediation services.  The person receiving pretrial services may be ordered to pay all costs incidental to pretrial services in accordance with his or her ability to pay those costs;(14.4) For persons charged with violating Section     11-501 of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1-129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices.  Under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;(15) Comply with the terms and conditions of an order     of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;(16) (Blank); and(17) Such other reasonable conditions as the court     may impose.(c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,  12-14.1,  12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a  minor under 18 years of age living in the same household with the defendant  at the time of the offense, in releasing the defendant, the judge shall impose conditions to restrict the  defendant's access to the victim which may include, but are not limited to  conditions that he will:1. Vacate the household.2. Make payment of temporary support to his     dependents.3. Refrain from contact or communication with the     child victim, except as ordered by the court.(d) When a person is charged with a criminal offense and the victim is  a family or household member as defined in Article 112A, conditions shall  be imposed at the time of the defendant's release that restrict the  defendant's access to the victim.  Unless provided otherwise by the court, the  restrictions shall include  requirements that the defendant do the following:(1) refrain from contact or communication with the     victim for a minimum period of 72 hours following the defendant's release; and(2) refrain from entering or remaining at the     victim's residence for a minimum period of 72 hours following the defendant's release.(e) Local law enforcement agencies shall develop standardized pretrial release forms  for use in cases involving family or household members as defined in  Article 112A, including specific conditions of pretrial release as provided in  subsection (d).  Failure of any law enforcement department to develop or use  those forms shall in no way limit the applicability and enforcement of  subsections (d) and (f).(f) If the defendant is released after conviction following appeal or other post-conviction proceeding, the  conditions of the pretrial release shall be that he will, in addition to the  conditions set forth in subsections (a) and (b) hereof:(1) Duly prosecute his appeal;(2) Appear at such time and place as the court may     direct;(3) Not depart this State without leave of the court;(4) Comply with such other reasonable conditions as     the court may impose; and(5) If the judgment is affirmed or the cause reversed     and remanded for a new trial, forthwith surrender to the officer from whose custody he was released.(g) Upon a finding of guilty for any felony offense, the defendant shall  physically surrender, at a time and place designated by the court,  any and all firearms in his or her possession and his or her Firearm Owner's  Identification Card as a condition of being released pending sentencing.(h) In the event the defendant is denied pretrial release, the court may impose a no contact provision with the victim or other interested party that shall be  enforced while the defendant remains in custody. (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23.)