Motion for Bail Reduction - Illinois

MOTION TO REOPEN CONDITIONS OF PRETRIAL RELEASE

(Removal of Monetary Condition of Release)

Defendant [DEFENDANT’S NAME] (“Defendant”), by and through undersigned counsel of record, respectfully moves this Court pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e) to reopen the conditions of pretrial release and to remove the previously imposed monetary condition of release, and to release Defendant on personal recognizance subject only to the least restrictive non-monetary conditions necessary. In support thereof, Defendant states as follows:

1. PRELIMINARY STATEMENT

1.1 On [DATE OF FIRST APPEARANCE] — a date before September 18, 2023 — the Court ordered Defendant released on the condition of depositing security (monetary bail) in the amount of $[CURRENT BAIL], together with the following conditions: [SUMMARY OF CONDITIONS, e.g., no-contact order, electronic home monitoring].

1.2 Defendant has been unable to deposit the required security and remains in pretrial detention at the [NAME OF DETENTION FACILITY] solely because of inability to pay.

1.3 Effective September 18, 2023, the Pretrial Fairness Act abolished monetary bail in Illinois. Under 725 ILCS 5/110-7.5(b), a person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, is entitled to a hearing under 725 ILCS 5/110-5(e) to reopen the conditions of release. Good cause therefore exists to remove the monetary condition and release Defendant on the least restrictive conditions.

2. PROCEDURAL BACKGROUND

2.1 Charge(s): Defendant is charged by [Information/Indictment] with [LIST OFFENSES WITH STATUTE NUMBERS].

2.2 Release History:
a. Initial Appearance – [DATE] – Monetary bail set at $[AMOUNT] by Judge [NAME].
b. Subsequent Modifications – [DATES & RESULTS, if any].

2.3 Trial Setting: Trial is presently scheduled for [TRIAL DATE].

3. LEGAL STANDARD

3.1 Presumption of Release; Least Restrictive Conditions. Every defendant is presumed eligible for pretrial release, and it is presumed the defendant is entitled to release on personal recognizance subject to conditions of release. 725 ILCS 5/110-2(a). Any conditions imposed must be the least restrictive conditions or combination of conditions necessary to reasonably ensure the defendant’s appearance, the safety of any other person or the community, and compliance with conditions of release. 725 ILCS 5/110-5(c). The State bears the burden of proving, by clear and convincing evidence, that any condition beyond personal recognizance is necessary. 725 ILCS 5/110-2(b).

3.2 Factors the Court Considers. In determining which conditions of pretrial release, if any, will reasonably ensure appearance, safety, and compliance, the court takes into account, under 725 ILCS 5/110-5(a):
a. the nature and circumstances of the offense charged (110-5(a)(1));
b. the weight of the evidence against the defendant (110-5(a)(2));
c. the history and characteristics of the defendant, including character and physical and mental condition (110-5(a)(3));
d. the nature and seriousness of the specific, real and present threat to any person that would be posed by the defendant’s release (110-5(a)(4)); and
e. the nature and seriousness of the risk that release would allow the defendant to obstruct or attempt to obstruct the criminal justice process, if applicable (110-5(a)(5)).

3.3 Reopening for a Detained Defendant. If a person remains in pretrial detention after having been ordered released with pretrial conditions, the court shall reopen the conditions-of-release hearing to determine what available pretrial conditions exist that will reasonably ensure appearance, safety, and compliance. 725 ILCS 5/110-5(e); 725 ILCS 5/110-7.5(b). Monetary bail is no longer an available condition.

4. ARGUMENT

4.1 Nature of the Offense & Weight of Evidence (110-5(a)(1)–(2))
a. The charged offense — [BRIEF DESCRIPTION] — is [non-detainable / not among the offenses for which pretrial release may be denied under 725 ILCS 5/110-6.1].
b. The State’s evidence, as currently disclosed, is [SUMMARIZE WEAKNESSES OR MITIGATING FACTORS, e.g., circumstantial, reliant on a single eyewitness].

4.2 History and Characteristics of the Defendant (110-5(a)(3))
a. Residence: Defendant has lived at [ADDRESS] for the past [X] years.
b. Employment: Employed full-time as [POSITION] with [EMPLOYER] since [YEAR].
c. Family: Primary caretaker for [DEPENDENTS]; strong family support network within the jurisdiction.
d. Physical/mental condition: [DESCRIBE any treatment or stabilizing circumstances].

4.3 Absence of a Real and Present Threat (110-5(a)(4))
a. No specific, articulable facts show Defendant would pose a real and present threat to any person or the community if released on non-monetary conditions.

4.4 Appearance History and Obstruction Risk (110-5(a)(3)(A), (a)(5))
a. Prior Failures to Appear: [IF NONE, STATE “None.”] Defendant has appeared at all prior court dates in this and past matters.
b. Compliance with Probation/Parole: [DESCRIBE, if applicable].
c. Risk of Obstruction: [STATE CASE-SPECIFIC FACTS CONCERNING ANY RISK OF OBSTRUCTING THE CRIMINAL JUSTICE PROCESS].

4.5 The Monetary Condition Is No Longer Authorized and Must Be Removed
Because Illinois has abolished monetary bail, the pre-September 18, 2023 requirement of $[CURRENT BAIL] is no longer a permissible condition and now operates only to detain Defendant based on inability to pay. Removal of the monetary condition, with release on the least restrictive conditions below, satisfies the aims of assuring appearance and community safety without unauthorized wealth-based detention.

4.6 Proposed Least-Restrictive Conditions
Defendant proposes release on personal recognizance coupled with the following non-monetary conditions, narrowly tailored to any articulated risk (see 725 ILCS 5/110-10):
i. Reporting to Pretrial Services as directed;
ii. Court-approved electronic monitoring only if the Court finds it the least restrictive necessary condition;
iii. No-contact order with [ALLEGED VICTIM/WITNESSES];
iv. Surrender of passport (if any) and travel restricted to [STATE/COUNTY].

5. RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that this Court enter an Order:

1. Reopening the conditions of pretrial release under 725 ILCS 5/110-7.5(b) and 110-5(e);
2. Removing the monetary condition of release and releasing Defendant on personal recognizance subject to the least restrictive conditions enumerated in Paragraph 4.6; and
3. Granting such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of __________, 20___.

6. SIGNATURE BLOCK

[LAW FIRM NAME]
Counsel for Defendant

By: ___________________________
[ATTORNEY NAME], ARDC No. [NUMBER]
[ADDRESS]
[CITY, STATE, ZIP]
Tel: (___) ___-____ | Fax: (___) ___-____
Email: [EMAIL ADDRESS]

7. VERIFICATION

I, [DEFENDANT’S NAME], being first duly sworn, depose and state that I have read the foregoing Motion and that the statements therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[DEFENDANT’S NAME]

Subscribed and sworn before me on this ___ day of __________, 20__.

______________________________
Notary Public

8. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __________, 20__, I caused a true and correct copy of the foregoing Motion to be served upon the State’s Attorney of [COUNTY] County by [E-FILING / HAND DELIVERY / EMAIL] in accordance with Illinois Supreme Court Rule 11.

______________________________
[ATTORNEY NAME]

9. NOTICE OF MOTION

PLEASE TAKE NOTICE that on __________ ___, 20__, at _______ a.m./p.m., or as soon thereafter as counsel may be heard, Defendant will present the attached Motion before the Honorable Judge [NAME] in Courtroom [NO.], located at [COURTHOUSE ADDRESS].

10. PROPOSED ORDER

ORDER ON MOTION TO REOPEN CONDITIONS OF PRETRIAL RELEASE

This matter coming before the Court on Defendant’s Motion to Reopen Conditions of Pretrial Release, the Court having reviewed the motion, heard argument of counsel, and being fully advised in the premises:

IT IS HEREBY ORDERED:

1. The Motion is GRANTED.

2. The monetary condition of release is REMOVED, and Defendant is released on personal recognizance subject to the following least-restrictive conditions:
   a. [CONDITION 1];
   b. [CONDITION 2];
   c. [CONDITION 3].

3. All prior conditions of pretrial release not inconsistent with this Order shall remain in full force and effect.

4. Defendant shall next appear on __________ ___, 20__, at _______ a.m./p.m. for [STATUS / PRE-TRIAL / OTHER].
5. Clerk to notify all parties.

ENTERED: __________ ___, 20__.

_________________________________
JUDGE OF THE CIRCUIT COURT