Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 187/2-1) Sec. 2-1. Short title. This Article may be cited as the Pretrial Success Act. References in this Article to "this Act" mean this Article. (Source: P.A. 103-588, eff. 6-5-24; 104-417, eff. 8-15-25.)

(725 ILCS 187/2-10) Sec. 2-10. Definitions. As used in this Act: "Case management" means assessment, planning, coordination, and advocacy services for individuals who need multiple services and require assistance in gaining access to and in using behavioral health, physical healt…

(725 ILCS 187/2-15) Sec. 2-15. Findings. The General Assembly finds that: (1) The Pretrial Fairness Act defines when an arrested person can be denied pretrial release and prohibits the imposition of financial conditions for release by abolishing money bond. This prevents the pret…

(725 ILCS 187/2-20) Sec. 2-20. Grant-making authority. (a) The Department of Human Services shall have grant-making, operational, and procurement authority to distribute funds to local government health and human services agencies, community-based organizations, and other entitie…

(725 ILCS 187/2-25) Sec. 2-25. Community-based pretrial supports and services. (a) Subject to appropriation, the Department shall make grants to organizations for community-based pretrial supports and services. (b) The Department shall issue grants to at least one organization in…

(725 ILCS 187/2-30) Sec. 2-30. Service areas. (a) Each judicial circuit with a population of at least 500,000 constitutes a service area. Each judicial circuit with a population of less than 500,000 shall be combined with at least one other geographically contiguous judicial circ…

(725 ILCS 187/2-35) Sec. 2-35. Local advisory councils. (a) Subject to appropriation, and no later than July 1, 2025, the Department shall create local advisory councils for each of the service areas for the purpose of obtaining recommendations on how to distribute funds in these…

(725 ILCS 187/2-40) Sec. 2-40. Medicaid services. (a) Funds awarded under this Act may be used for behavioral health services until July 1, 2027. (b) Any organization being reimbursed from funds awarded under this Act for behavioral health services must also file a plan to become…

(725 ILCS 187/2-45) Sec. 2-45. Evaluation. (a) The Department shall issue a report to the General Assembly no later than January 1 of each year beginning at least 12 months after grants are first issued under this Act. The report shall cover the previous fiscal year and identify …

(725 ILCS 187/2-5) Sec. 2-5. Intent; purposes. This Act creates a comprehensive approach to ensuring pretrial success, justice, and individual and communal well-being. The Act minimizes the number of people detained pretrial by ensuring access to community-based pretrial supports…

(725 ILCS 187/2-50) Sec. 2-50. Rulemaking authority. The Department shall adopt rules as are necessary to implement all elements of this Act. (Source: P.A. 103-588, eff. 6-5-24.)

(725 ILCS 187/10-10) Sec. 10-10. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/10-15) Sec. 10-15. The Substance Use Disorder Rate Equity Act is repealed. (Source: P.A. 103-588, eff. 6-5-24.)

(725 ILCS 187/10-20) Sec. 10-20. The Substance Use Disorder Residential and Detox Rate Equity Act is repealed. (Source: P.A. 103-588, eff. 6-5-24.)

(725 ILCS 187/10-25) Sec. 10-25. The Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois is amended by repealing Section 2205-31. (Source: P.A. 103-588, eff. 6-5-24.)

(725 ILCS 187/10-30) Sec. 10-30. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/10-32) Sec. 10-32. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/10-35) Sec. 10-35. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/10-40) Sec. 10-40. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/10-5) Sec. 10-5. (Amendatory provisions; text omitted). (Source: P.A. 103-588, eff. 6-5-24; text omitted.)

(725 ILCS 187/99-97) Sec. 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 103-588, eff. 6-5-24.)

(725 ILCS 187/99-99) Sec. 99-99. Effective date. This Act takes effect upon becoming law, except that Sections 3-15, 3-25, 3-27, 3-45, 3-50, and 3-60 and Article 45 take effect July 1, 2024 and Sections 3-7, 3-11, 3-30, 3-55, and 3-57 take effect January 1, 2025. (Source: P.A. 10…

(725 ILCS 5/100-1) (from Ch. 38, par. 100-1) Sec. 100-1. Short title. This Act shall be known and may be cited as the "Code of Criminal Procedure of 1963". (Source: Laws 1963, p. 2836.)

(725 ILCS 5/100-2) (from Ch. 38, par. 100-2) Sec. 100-2. Scope. These provisions shall govern the procedure in the courts of Illinois in all criminal proceedings except where provision for a different procedure is specifically provided by law. (Source: Laws 1963, p. 2836.)…

(725 ILCS 5/101-1) (from Ch. 38, par. 101-1) Sec. 101-1. General purposes. The provisions of this Code shall be construed in accordance with the general purposes hereof, to: (a) Secure simplicity in procedure; (b) Ensure fairness of administration including the elimination of unj…

(725 ILCS 5/102-1) (from Ch. 38, par. 102-1) Sec. 102-1. Meanings of words and phrases. For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meani…

(725 ILCS 5/102-10) (from Ch. 38, par. 102-10) Sec. 102-10. "Court". "Court" means a place where justice is judicially administered and includes a judge thereof. (Source: P.A. 77-1286.)

(725 ILCS 5/102-10.5) Sec. 102-10.5. "Felony". "Felony" has the meaning provided in Section 2-7 of the Criminal Code of 2012. (Source: P.A. 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-11) (from Ch. 38, par. 102-11) Sec. 102-11. "Indictment". "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-12) (from Ch. 38, par. 102-12) Sec. 102-12. "Information". "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-13) (from Ch. 38, par. 102-13) Sec. 102-13. "Judge". "Judge" means a person who is invested by law with the power to perform judicial functions and includes a court when a particular context so requires. (Source: P.A. 77-1286.)

(725 ILCS 5/102-14) (from Ch. 38, par. 102-14) Sec. 102-14. "Judgment". "Judgment" means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court. (Source: Laws…

(725 ILCS 5/102-14.5) Sec. 102-14.5. "Misdemeanor". "Misdemeanor" has the meaning provided in Section 2-11 of the Criminal Code of 2012. (Source: P.A. 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-15) (from Ch. 38, par. 102-15) Sec. 102-15. "Offense". "Offense" means a violation of any penal statute of this State. (Source: P.A. 76-1796.)

(725 ILCS 5/102-16) (from Ch. 38, par. 102-16) Sec. 102-16. "Parole". "Parole" means the conditional and revocable release of a person committed to the Department of Corrections under the supervision of a paroling authority. (Source: P.A. 98-558, eff. 1-1-14.)

(725 ILCS 5/102-17) (from Ch. 38, par. 102-17) Sec. 102-17. "Preliminary examination". "Preliminary examination" means a hearing before a judge to determine if there is probable cause to believe that the person accused has committed an offense. (Source: Laws 1963, p. 2836.)…

(725 ILCS 5/102-18) (from Ch. 38, par. 102-18) Sec. 102-18. "Probation". "Probation" means a sentence or adjudication of conditional and revocable release under the supervision of a probation officer. (Source: P.A. 77-2476.)

(725 ILCS 5/102-19) (from Ch. 38, par. 102-19) Sec. 102-19. "Recognizance". "Recognizance" means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of …

(725 ILCS 5/102-2) (from Ch. 38, par. 102-2) Sec. 102-2. Reference to criminal code for words and phrases not described. A word or phrase not described in this Code but which is described in Article 2 of the Criminal Code of 2012 shall have the meaning therein described, except w…

(725 ILCS 5/102-20) (from Ch. 38, par. 102-20) Sec. 102-20. "Sentence". "Sentence" is the disposition imposed on the defendant by the court. (Source: P.A. 77-2476.)

(725 ILCS 5/102-21) (from Ch. 38, par. 102-21) Sec. 102-21. Clinical psychologist; court-appointed examiner. (a) "Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act. (b) "Court-appointed examiner" means a clinical social worker as d…

(725 ILCS 5/102-22) Sec. 102-22. "Facility director", for the purposes of Article 104, means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Des…

(725 ILCS 5/102-23) Sec. 102-23. "Person with a moderate intellectual disability" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impai…

(725 ILCS 5/102-3) (from Ch. 38, par. 102-3) Sec. 102-3. Singular term includes plural-Gender. A singular term shall include the plural and the masculine gender shall include the feminine except when a particular context clearly requires a different meaning. (Source: Laws 1963, p…

(725 ILCS 5/102-3.5) Sec. 102-3.5. "Aftercare release". "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the supervision of the Department of Juvenile Justice. (…

(725 ILCS 5/102-4) (from Ch. 38, par. 102-4) Sec. 102-4. "Arraignment". "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and asking him whether he is guilty or not guilty. (Source: Laws 1963, p. 28…

(725 ILCS 5/102-5) (from Ch. 38, par. 102-5) Sec. 102-5. "Arrest". "Arrest" means the taking of a person into custody. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-6) (from Ch. 38, par. 102-6) Sec. 102-6. Pretrial release. "Pretrial release" has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution where the sureties provided are nonmonetary in nature. (Source: P.A. 101-652, eff. 1-1-23; 102-110…

(725 ILCS 5/102-7) (from Ch. 38, par. 102-7) Sec. 102-7. Conditions of pretrial release. "Conditions of pretrial release" means the requirements imposed upon a criminal defendant by the court under Section 110-5. (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-7.1) Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinoi…