No Cash Bail in Chicago: Detention, Release, and Federal Cases

There is no cash bail in Chicago. Since September 18, 2023, no judge in Cook County or anywhere else in Illinois can set a dollar amount as a condition of pretrial release. Under the Pretrial Fairness Act, the question is no longer how much money you can post, but whether the prosecution can convince a judge that you should be held without release at all.¹²

The law starts from a presumption that every defendant is eligible for release. The State has to prove otherwise. That change applies to every criminal case, from shoplifting to the most serious felonies. What used to happen in a bond court hallway, with a family scraping together cash or paying a bondsman, now happens in a courtroom with lawyers arguing about safety, flight, and conditions.

When a Judge Can Still Order You Held

Ending cash bail did not mean everyone walks out. The statute gives prosecutors specific categories where they can petition to detain a defendant without any release option:

Forcible felonies, including first-degree murder, second-degree murder, predatory criminal sexual assault, criminal sexual assault, armed robbery, robbery, residential burglary, home invasion, arson, kidnapping, and other felonies involving the threat or infliction of great bodily harm.³
Domestic battery and aggravated domestic battery where release poses a threat to a specific person or the community.³
Stalking or aggravated stalking where release threatens the victim’s safety.³
Certain controlled substance offenses where the defendant also poses a serious risk of not appearing in court.³
Felony charges (other than Class 4 felonies) where the defendant has a high likelihood of willful flight to avoid prosecution.³

Willful flight is not the same as missing a court date because a car broke down. It means deliberately evading prosecution. A single missed appearance, standing alone, typically does not justify detention. Prosecutors need to show a pattern or specific facts suggesting the person intends to disappear.

If the charge does not fall into one of these categories, the court must release the defendant under the least restrictive conditions that still protect the community and ensure the person shows up. A prosecutor cannot simply argue that a defendant seems dangerous. They have to point to a specific qualifying offense.

What Happens at the Detention Hearing

After an arrest on a qualifying offense, the first court appearance must happen within 48 hours.⁴ If the State wants you held, it must file a petition for detention and prove its case by clear and convincing evidence.³ The burden sits entirely on the prosecution.

To win detention, the State has to prove three things. First, that the evidence is strong that the defendant committed one of the qualifying offenses. Second, that the defendant poses a real and present threat to someone’s safety, or in flight-risk cases, is likely to deliberately flee. Third, that no combination of release conditions would be enough to manage the risk.³ That third element is where many detention petitions fail. If the judge believes electronic monitoring, a curfew, or a stay-away order would be enough, the person gets released with those conditions.

You have the right to an attorney at this hearing, including a public defender if you cannot afford one. You can testify, call witnesses, and cross-examine the State’s witnesses. This is where the defense presents community ties, employment, family obligations, and anything else that shows you are neither a flight risk nor a danger.

If the judge orders detention, the order must be in writing and must explain why less restrictive conditions would not work.³ A vague finding that the defendant “seems dangerous” does not satisfy the statute, and the specificity requirement gives the defense something concrete to challenge on appeal.

Conditions of Release

Most people arrested in Chicago are released, but release comes with strings. Every released defendant must appear at all scheduled hearings and must not commit any new crimes.³ Beyond that, judges can add:

Travel restrictions, including a bar on leaving Illinois without the court’s permission.⁵
Stay-away or no-contact orders when there is a specific victim.
GPS electronic monitoring, if the judge finds no less restrictive condition would ensure appearance or protect an identifiable person.⁵
Regular check-ins with pretrial services, drug or alcohol testing, and required treatment programs.

The statute tells judges to impose the least restrictive conditions that still achieve public safety and court attendance. In practice, conditions vary by judge, by charge, and by history.

Costs That Can Still Add Up

Cash bail is gone, but pretrial release is not always free. Illinois is among 29 states that authorize electronic monitoring fees during the pretrial phase. Daily GPS monitoring fees typically run from a few dollars up to $15 per day, with initial setup fees that can reach $200. Monthly pretrial supervision fees can stack on top. Someone waiting months for trial can rack up real money in fees alone.

How You Can Be Sent Back to Jail

Release is not permanent. If you pick up a new felony or Class A misdemeanor charge while on pretrial release, the prosecution can petition to revoke your release entirely.⁶ A judge can also start revocation proceedings on their own.

The standard is not low. The State must prove by clear and convincing evidence that you violated a condition, that the violation was willful, and that no combination of conditions would reasonably ensure future compliance.⁷ A violation caused by lack of financial resources cannot be the basis for revocation. If you could not afford a GPS monitoring fee, that alone should not put you back in a cell. Short of revocation, the court can also modify conditions, adding monitoring or tightening a curfew rather than pulling you back into custody.

The Speedy Trial Clock When You’re Held

When someone is held in custody awaiting trial, the clock is ticking. Illinois has speedy trial rules that set shorter deadlines for detained defendants than for those released on conditions. A detained defendant who is not brought to trial within the statutory window can move to dismiss the charges. Anyone sitting in Cook County Jail after a detention order should make sure their attorney is tracking these deadlines closely.

Federal Charges in Chicago Still Use Money Bail

The Pretrial Fairness Act is an Illinois state law. If you are arrested on federal charges in Chicago, the state law does not apply. Federal courts still use a system that allows financial conditions of release. Under federal law, a judicial officer can require a defendant to execute a bond or forfeit property as a condition of release.⁸ The federal system also prioritizes the least restrictive conditions, and money is not mandatory, but it remains available.

Federal detention hearings follow a similar structure: the government must show that no conditions will reasonably assure the defendant’s appearance and community safety.⁸ The practical difference is that a federal judge at the Dirksen Federal Courthouse can still say “post $100,000 or stay in jail.” A Cook County judge at 26th and California cannot.

1
Office of the Illinois Courts. Additional Pretrial Resources
2
Illinois General Assembly. Illinois Code 725 ILCS 5/110-1.5 – Abolition of Monetary Bail
3
Illinois General Assembly. Illinois Code 725 ILCS 5/110-6.1 – Denial of Pretrial Release
4
Illinois Courts. Pretrial Fairness Act Pre-First Appearance Activities Flowchart and Implementation Considerations
5
Illinois Courts. Conditions of Pretrial Release Order
6
Illinois General Assembly. Illinois Code 725 ILCS 5/110-6 – Revocation of Pretrial Release
7
Illinois Courts. Modifying, Sanctioning, or Revoking Pretrial Release Flowcharts and Considerations
8
Office of the Law Revision Counsel. 18 U.S. Code 3142 – Release or Detention of a Defendant Pending Trial