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Illinois SAFE-T Act Detainable Offenses

Statutory provisions subject to petition for denial of pretrial release pursuant to 725 ILCS 5/110-6.1.

Statutory Standard: The State must prove by clear and convincing evidence that the proof is evident or presumption great that the defendant committed the detainable offense, AND that the defendant poses a specific, real, and present threat to the safety of any person or community (or willful flight risk).
625 ILCS 5/4-103.3 Class X

Organizer of an aggravated vehicle theft conspiracy – Class X felony

Specific, real, and present threat to safety of any person or community
720 ILCS 5/9-1 Class X

Murder

Specific, real, and present threat to safety of any person or community
720 ILCS 5/9-1.2 Class X

Intentional homicide of unborn child

Specific, real, and present threat to safety of any person or community
720 ILCS 5/9-2 Forcible Felony

Second degree murder

Real and present threat to physical safety
720 ILCS 5/9-2.1 Forcible Felony

Voluntary manslaughter of unborn child

Real and present threat to physical safety
720 ILCS 5/9-3 Forcible Felony

Involuntary manslaughter

Real and present threat to physical safety
720 ILCS 5/9-3.2 Forcible Felony

Involuntary manslaughter and reckless homicide of unborn child

Real and present threat to physical safety
720 ILCS 5/9-3.3 Class X

Drug induced homicide

Specific, real, and present threat to safety of any person or community
720 ILCS 5/9-3.4 Forcible Felony

Concealment of homicidal death

Real and present threat to physical safety
720 ILCS 5/9-3.5 Forcible Felony

Concealment of death

Real and present threat to physical safety
720 ILCS 5/10-1 Forcible Felony

Kidnapping

Real and present threat to physical safety
720 ILCS 5/10-2 Class X

Aggravated kidnapping

Specific, real, and present threat to safety of any person or community
720 ILCS 5/11-1.20 Forcible Felony

Criminal sexual assault

Real and present threat to physical safety
720 ILCS 5/11-1.30 Class X

Aggravated criminal sexual assault

Specific, real, and present threat to safety of any person or community
720 ILCS 5/11-1.40 Class X

Predatory criminal sexual assault of a child

Specific, real, and present threat to safety of any person or community
720 ILCS 5/11-1.50 Sex Offense

Second or subsequent conviction

Real and present threat to safety of victim or community
720 ILCS 5/11-1.60 Sex Offense

Aggravated criminal sexual abuse

Real and present threat to safety of victim or community
720 ILCS 5/11-9.1 Sex Offense

Sexual exploitation of a child

Real and present threat to safety of victim or community
720 ILCS 5/11-9.1A Sex Offense

Permitting sexual abuse of a child

Real and present threat to safety of victim or community
720 ILCS 5/11-9.1B Sex Offense

Failure to report sexual abuse of a child

Real and present threat to safety of victim or community
720 ILCS 5/11-20.1 Sex Offense

Child pornography

Real and present threat to safety of victim or community
720 ILCS 5/12-3.05 Forcible Felony

Aggravated battery

Real and present threat to physical safety
720 ILCS 5/12-3.2 Domestic Risk

Domestic battery

Real and present threat to safety of a family or household member
720 ILCS 5/12-3.3 Forcible Felony

Aggravated domestic battery

Real and present threat to physical safety
720 ILCS 5/12-3.4 Domestic Risk

Violating order of protection

Real and present threat to safety of a family or household member
720 ILCS 5/12-3.5 Domestic Risk

Interfering with domestic violence report

Real and present threat to safety of a family or household member
720 ILCS 5/12-3.6 Domestic Risk

Disclosure of location of domestic violence victim

Real and present threat to safety of a family or household member
720 ILCS 5/12-7.3 Domestic Risk

Stalking

Real and present threat to safety of a family or household member
720 ILCS 5/12-7.4 Domestic Risk

Aggravated stalking

Real and present threat to safety of a family or household member
720 ILCS 5/12-7.5 Domestic Risk

Cyberstalking

Real and present threat to safety of a family or household member
720 ILCS 5/18-1 Forcible Felony

Robbery; aggravated robbery

Real and present threat to physical safety
720 ILCS 5/18-2 Class X

Armed robbery

Specific, real, and present threat to safety of any person or community
720 ILCS 5/18-3 Forcible Felony

Vehicular hijacking

Real and present threat to physical safety
720 ILCS 5/18-4 Class X

Aggravated hijacking

Specific, real, and present threat to safety of any person or community
720 ILCS 5/19-1 Forcible Felony

Burglary

Real and present threat to physical safety
720 ILCS 5/19-3 Forcible Felony

Residential burglary

Real and present threat to physical safety
720 ILCS 5/19-6 Class X

Home invasion

Specific, real, and present threat to safety of any person or community
720 ILCS 5/20-1 Forcible Felony

Arson; residential arson; place of worship arson

Real and present threat to physical safety
720 ILCS 5/20-1.1 Class X

Aggravated arson

Specific, real, and present threat to safety of any person or community
720 ILCS 5/20-2 Forcible Felony

Possession of explosives or incendiary device

Real and present threat to physical safety
720 ILCS 5/24-1.1 Firearm

Unlawful use of weapons by felons or persons in custody of Department of Corrections

Real and present threat to physical safety of any person
720 ILCS 5/24-1.2 Firearm

Aggravated discharge of firearm

Real and present threat to physical safety of any person
720 ILCS 5/24-1.5 Firearm

Reckless discharge of firearm

Real and present threat to physical safety of any person
720 ILCS 5/24-3A Firearm

Gunrunning

Real and present threat to physical safety of any person
720 ILCS 5/24-3.5 Firearm

Unlawful purchase of a firearm

Real and present threat to physical safety of any person
720 ILCS 5/24-3.6 Firearm

Unlawful use of firearm – shape of cellphone

Real and present threat to physical safety of any person
720 ILCS 5/29D-14.9 Class X

Terrorism

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-15.1 Class X

Causing a catastrophe

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-15.2 Class X

Possession of a deadly substance

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-20 Class X

Making terrorist threat

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-25 Class X

Falsely making terrorist threat

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-29.9 Class X

Material support for terrorism

Specific, real, and present threat to safety of any person or community
720 ILCS 5/29D-35 Class X

Hindering prosecution of terrorism

Specific, real, and present threat to safety of any person or community
720 ILCS 5/30-1 Class X

Treason

Specific, real, and present threat to safety of any person or community
720 ILCS 5/30-2 Class X

Misprision of treason

Specific, real, and present threat to safety of any person or community
720 ILCS 5/33A-2 Class X

Armed violence

Specific, real, and present threat to safety of any person or community
720 ILCS 550/5.1 Class X

Cannabis trafficking

Specific, real, and present threat to safety of any person or community
720 ILCS 570/401 Class X

Manufacture or delivery

Specific, real, and present threat to safety of any person or community
720 ILCS 570/401.1 Class X

Controlled substances trafficking

Specific, real, and present threat to safety of any person or community
720 ILCS 570/401.5 Class X

Chemical break down of illicit controlled substances

Specific, real, and present threat to safety of any person or community
720 ILCS 570/402 Class X

Possession – Manufacture or delivery of cannabis – not more than controlled or counterfeit substances

Specific, real, and present threat to safety of any person or community
720 ILCS 570/405 Class X

Calculated criminal drug conspiracy

Specific, real, and present threat to safety of any person or community
720 ILCS 570/405.2 Class X

Street gang criminal drug conspiracy

Specific, real, and present threat to safety of any person or community
720 ILCS 570/407 Class X

Manufacture, delivery or sales – school property, other aggravations

Specific, real, and present threat to safety of any person or community
720 ILCS 570/407.1 Class X

Delivery of controlled or counterfeit substances by persons under age 18

Specific, real, and present threat to safety of any person or community
720 ILCS 570/407.2 Class X

Delivery of controlled substances to a pregnant woman

Specific, real, and present threat to safety of any person or community
720 ILCS 5/24-1.6 Firearm

Aggravated unlawful use of a weapon

Real and present threat to physical safety of any person
720 ILCS 646/15 Class X

Methamphetamine manufacturing

Specific, real, and present threat to safety of any person or community
720 ILCS 646/20 Class X

Aggravated methamphetamine manufacturing

Specific, real, and present threat to safety of any person or community
720 ILCS 646/35 Class X

Methamphetamine delivery

Specific, real, and present threat to safety of any person or community
720 ILCS 646/60 Class X

Methamphetamine possession

Specific, real, and present threat to safety of any person or community