Chapter II. MANDATORY NO BAIL
The Illinois Supreme Court has held 725 ILCS 5/110-4(b)
unconstitutional in People v. Purcell, 201 Ill. 2d 542 (2002).
However, 725 ILCS 5/110-4(a) remains in effect. Pursuant to that section, in certain cases where a mandatory or discretionary life sentence is possible, an offender shall be held without bond upon a finding by the court that the proof is evident or the presumption great that the offender is guilty of the offense. The court must conduct a hearing in which either the State or the defense may proceed by proffer. Presentation of evidence is permissible as long as it is relevant and reliable regardless of whether it would be admissible under the rules of evidence applicable at a criminal trial. No petition is necessary and the burden is on the State. 725 ILCS 5/110-4(a); 725 ILCS 5/110-5(a).
In the following cases the defendant shall be held without bond upon a finding by the court that the proof is evident or the presumption great that the defendant is guilty of the offense:
A. All Formerly Capital Cases
Note: With the abolition of the death penalty in Illinois there are obviously no more capital cases. However, each of the factors that qualified an offender for the death penalty remains valid as a basis for a discretionary Natural Life sentence. As a result, any offender who would have been eligible for the death penalty remains eligible for a Natural Life sentence and, therefore, is subject to a no-bond order.
Capital cases are defined in 720 ILCS 5/9-1(b) where the offender was at least 18 years of age at the time of the offense. Some of the most common capital cases encountered are:
1. Felony Murder: In Felony Murder cases the "No Bond" provisions apply only if the offender actually caused the victim's death or inflicted injuries contemporaneously with those that caused death AND the underlying felony is one enumerated in 720 ILCS 5/9-1(b)(6)(c). Death does not have to be contemporaneous with the commission of the forcible felony. People v. Derr, 316 Ill. App. 3d 272 (5th Dist. 2000)....
2. However, even if not specifically enumerated in this section, an underlying felony may still qualify an offender to receive the death penalty if it is an "inherently violent crime." 720 ILCS 5/9-1(b)(6). In 720 ILCS 5/9-1(b)(6)(c), "inherently violent crime" includes, but is not limited to, Armed Robbery, Robbery, Predatory Criminal Sexual Assault of a child, Aggravated Criminal Sexual Assault, Aggravated Kidnapping, Aggravated Vehicle Hijacking, Aggravated Arson, Aggravated Stalking, Residential Burglary, and Home Invasion. Burglary, Arson, Armed Violence, Forcible Detention, Calculated Criminal
