What offenses are detainable under the Illinois Pretrial Fairness Act (725 ILCS 5/110-6.1)?

Under 725 ILCS 5/110-6.1, detainable offenses fall into 5 core statutory categories: (1) Non-probationable forcible felonies (including Murder, Class X felonies, Vehicular Hijacking, and Home Invasion); (2) Domestic Violence offenses (Domestic Battery 720 ILCS 5/12-3.2, Aggravated Domestic Battery 12-3.3, and Violation of an Order of Protection 12-3.4); (3) Specific Firearm & Deadly Weapons offenses (Armed Habitual Criminal, Aggravated UUW 24-1.6, and UUW by Felon); (4) Sex offenses and child sexual exploitation; and (5) Any Class 3 Felony or higher where the defendant presents a high likelihood of willful flight.

Can a defendant charged with Misdemeanor Domestic Battery be detained pretrial in Illinois?

Yes. Under 725 ILCS 5/110-6.1(a)(4), Domestic Battery (even as a Class A misdemeanor) is an eligible detainable offense if the State files a verified petition and proves by clear and convincing evidence that the defendant poses a real and present threat to the physical safety of the victim, family member, or specific person.

What is the legal burden of proof required for pretrial detention in Illinois?

The State must prove three elements by Clear and Convincing Evidence: (1) The proof is evident or presumption great that the defendant committed a qualifying detainable offense; (2) The defendant poses a real and present threat to the physical safety of any person or persons or the community, or a high risk of willful flight; and (3) No condition or combination of conditions of release (such as GPS monitoring, stay-away orders, or firearm surrender) can reasonably mitigate that threat or flight risk.

Are firearm offenses detainable under the SAFE-T Act?

Yes. Qualifying firearm offenses under 725 ILCS 5/110-6.1(a)(6) include Armed Habitual Criminal (720 ILCS 5/24-1.7), Aggravated Unlawful Use of a Weapon (720 ILCS 5/24-1.6), Unlawful Use of a Weapon by a Felon (720 ILCS 5/24-1.1), Gunrunning (720 ILCS 5/24-3A), Reckless Discharge of a Firearm (720 ILCS 5/24-1.5), and Defacing Identification Marks on Firearms (720 ILCS 5/24-5).

What constitutes 'willful flight' under the Pretrial Fairness Act?

Under 725 ILCS 5/110-6.1(a)(8), willful flight means intentional conduct with a purpose to evade prosecution, such as fleeing the jurisdiction, using aliases, or actively concealing one's whereabouts. Mere failure to appear due to lack of transportation, childcare, or illness does not constitute willful flight.

Statutory Bail Reform & Detention Standards

Illinois Pretrial Fairness Act (PFA) & Detainable Offenses Guide

Tactical field and legal reference for 725 ILCS 5/110-6.1 pretrial detention eligibility, non-probationable forcible felonies, domestic violence detention standards, and safety threat assessments.

Illinois Pretrial Fairness Act (PFA) Detention Framework

Under 725 ILCS 5/110-6.1, cash bail is eliminated across Illinois. Defendants are presumed eligible for pretrial release unless the State's Attorney files a verified petition for detention under one of the specific statutory eligibility categories below.

Category 1 · 725 ILCS 5/110-6.1(a)(1.5)

Non-Probationable Forcible Felonies

Offenses where sentence of imprisonment without probation is mandatory under 730 ILCS 5/5-5-3.

Qualifying Statutory Offenses

First & Second Degree Murder (720 ILCS 5/9-1, 9-2)
Class X Felonies (Armed Robbery, Home Invasion, Aggravated Vehicular Hijacking, Aggravated Battery with Firearm)
Predatory & Aggravated Criminal Sexual Assault (720 ILCS 5/11-1.40, 11-1.30)
Aggravated Kidnapping & Kidnapping (720 ILCS 5/10-2, 10-1)
Aggravated Arson & Arson (720 ILCS 5/20-1.1, 20-1)
Vehicular Hijacking (720 ILCS 5/18-3)
Residential Burglary (720 ILCS 5/19-3) when non-probationable

Category 2 · 725 ILCS 5/110-6.1(a)(4)

Domestic Violence & Protective Orders

Detention eligible for domestic offenses where defendant poses real & present threat to victim or family.

Qualifying Statutory Offenses

Domestic Battery (Misdemeanor or Felony) (720 ILCS 5/12-3.2)
Aggravated Domestic Battery (720 ILCS 5/12-3.3)
Violation of an Order of Protection (OP) (720 ILCS 5/12-3.4)
Violation of a Civil No Contact Order (740 ILCS 22/219)
Violation of a Stalking No Contact Order (740 ILCS 21/125)
Stalking & Aggravated Stalking (720 ILCS 5/12-7.3, 12-7.4)

Category 3 · 725 ILCS 5/110-6.1(a)(6) & (a)(7)

Firearms & Deadly Weapons

Detention eligible when defendant is charged with non-probationable weapons offense or poses specific community threat.

Qualifying Statutory Offenses

Armed Habitual Criminal (720 ILCS 5/24-1.7)
Aggravated Unlawful Use of a Weapon (Agg UUW) (720 ILCS 5/24-1.6)
Unlawful Use of Weapon by Felon (UUW / Felon) (720 ILCS 5/24-1.1)
Gunrunning (720 ILCS 5/24-3A)
Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)
Defacing Identification Marks on Firearm (720 ILCS 5/24-5)
Unlawful Purchase / Straw Purchasing of Firearms (720 ILCS 5/24-3.5)

Category 4 · 725 ILCS 5/110-6.1(a)(8)

Willful Flight / Flight Risk

Applicable to any Class 3 Felony or higher where defendant has high likelihood of intentional flight.

Statutory Criteria

Charge must be a Class 3 Felony or higher.
Evidence of intentional flight to evade prosecution (e.g. crossing borders, aliases).
Non-appearance due to poverty or lack of transit cannot be scored as flight risk.
Proof by clear and convincing evidence that no conditions can prevent flight.

Pretrial Detention Hearing Checklist

Clear & Convincing Evidence: Proof is evident that defendant committed the qualifying offense.
Specific Threat Assessment: Articulable facts showing real and present threat to specific person(s) or community.
Least Restrictive Conditions: State must demonstrate why electronic monitoring, curfew, or stay-away orders are insufficient.
Appeal Right: Under Supreme Court Rule 604(h), detention decisions are immediately appealable within 14 days.