ILCS INDEX

Illinois SAFE-T Act Detainable Offenses

Statutory provisions subject to petition for denial of pretrial release pursuant to 725 ILCS 5/110-6.1. Monetary bail is abolished across Illinois. Pretrial detention requires the State to prove by clear and convincing evidence that proof is evident or presumption great that the defendant committed a qualifying offense and poses a specific, real, and present threat to public safety.

BURDEN OF PROOF & STATUTORY TEST

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 under 725 ILCS 5/110-6.1).

01 / DETAINABLE OFFENSES

Pretrial Fairness Act catalog

Showing 71 detainable offenses

ILCS section

720 ILCS 570/401

Class X Felony PFA Detainable Court Required

Manufacture or delivery

Sec. 401. Manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog. Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Section 16-0.1 of the Criminal Code of 2012, a counterfeit substance, or a controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.

Drugs & public health • Drugs & Controlled Substances

Official ILGA Statute · 720 ILCS 570/401 ->
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ILCS section

720 ILCS 570/402

Class X Felony PFA Detainable Court Required

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

Sec. 402. Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance, other than a controlled substance, which is not approved by the United States Food and Drug Administration or, if approved, is not dispensed or possessed in accordance with State or federal law, and that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar.

Common Name: Possession of Controlled Substance, PCS, Drug Possession, Cocaine, Heroin, Fentanyl, Meth

Drugs & public health • Drugs & Controlled Substances

Official ILGA Statute · 720 ILCS 570/402 ->
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ILCS section

720 ILCS 570/405

Class X Felony PFA Detainable Court Required

Calculated criminal drug conspiracy

Sec. 405. (a) Any person who engages in a calculated criminal drug conspiracy, as defined in subsection (b), is guilty of a Class X felony. The fine for violation of this Section shall not be more than $500,000, and the offender shall be subject to the forfeitures prescribed in subsection (c).

Drugs & public health • Drugs & Controlled Substances

Official ILGA Statute · 720 ILCS 570/405 ->
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ILCS section

720 ILCS 570/407

Class X Felony PFA Detainable Court Required

Manufacture, delivery or sales – school property, other aggravations

Sec. 407. (a)(1)(A) Any person 18 years of age or over who violates any subsection of Section 401 or subsection (b) of Section 404 by delivering a controlled, counterfeit or look-alike substance to a person under 18 years of age may be sentenced to imprisonment for a term up to twice the maximum term and fined an amount up to twice that amount otherwise authorized by the pertinent subsection of Section 401 and Subsection (b) of Section 404.

Drugs & public health • Drugs & Controlled Substances

Official ILGA Statute · 720 ILCS 570/407 ->
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ILCS section

720 ILCS 570/407.1

Class X Felony PFA Detainable Court Required

Delivery of controlled or counterfeit substances by persons under age 18

Sec. 407.1. Any person 18 years of age or over who violates any subsection of Section 401, Section 404 or Section 405 by using, engaging or employing a person under 18 years of age to deliver a controlled, counterfeit or look-alike substance may be sentenced to imprisonment for a term up to three times the maximum amount authorized by the pertinent subsection of Section 401, Section 404 or Section 405.

Drugs & public health • Drugs & Controlled Substances

Official ILGA Statute · 720 ILCS 570/407.1 ->
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02 / PRETRIAL RELEASE FAQ

Frequently Asked Questions: SAFE-T Act & Pretrial Detention

How does pretrial release work in Illinois without cash bail under the SAFE-T Act?

Under the Pretrial Fairness Act (725 ILCS 5/110-2), all arrested individuals are presumed eligible for pretrial release on personal recognizance without posting money. Pretrial release may be conditioned on non-monetary requirements such as electronic monitoring, firearm surrender, or stay-away orders. Detention in jail prior to trial is permitted only for specific offenses after a formal detention hearing.

725 ILCS 5/110-2 View Criminal Code Hub

What offenses are detainable before trial under 725 ILCS 5/110-6.1?

Detainable offenses include all Class X felonies, non-probationable forcible felonies (first-degree murder, kidnapping, aggravated arson), felony domestic battery, stalking, felony firearm charges, and sex offenses. For a defendant to be detained, the State's Attorney must file a verified petition seeking denial of release.

725 ILCS 5/110-6.1 View Most Common Offenses

Can you be held in jail before trial for a non-violent misdemeanor or property crime in Illinois?

No. Under 725 ILCS 5/110-6.1, non-violent misdemeanors and low-level non-violent property felonies are non-detainable. Law enforcement must issue a citation and notice to appear rather than taking the individual into custodial detention, unless the person poses an immediate physical threat or refuses to identify themselves.

725 ILCS 5/109-1 Check Court Mandates

What legal burden of proof must the State meet to deny pretrial release at a detention hearing?

The State's Attorney must prove three elements by clear and convincing evidence: that the proof is evident or presumption great, that the defendant poses a real and present threat to safety or high flight risk, and that no conditions can mitigate that threat.

725 ILCS 5/110-6.1(e) Search Illinois Offenses

What happens if a defendant violates conditions of pretrial release in Illinois?

Under 725 ILCS 5/110-6, prosecutors can file a petition for revocation of release or for contempt sanctions. If the court finds a willful violation of release conditions, the judge may modify conditions, impose contempt penalties, or revoke release and order pretrial detention in county jail.

725 ILCS 5/110-6 Browse Full Statute Index