How Bail Bonds Work in Illinois
Complete guide to the bail process, costs, and laws in Illinois (IL).
⚠️ Illinois has abolished commercial bail bonds.
Commercial bail bond agents do not operate in Illinois. Read below to learn how the pretrial release system works in this state.
Illinois Bail Bond Quick Facts
Illinois Bail Laws Overview
The Pretrial Fairness Act eliminated cash bail in Illinois. Judges now decide whether to detain or release defendants based on public safety and flight risk assessments, not ability to pay.
Illinois abolished cash bail entirely effective September 2023 under the Pretrial Fairness Act (part of the SAFE-T Act). Commercial bail bond agents do not operate in Illinois.
Pretrial Release Process in Illinois
Arrest and Booking
After an arrest in Illinois, the defendant is taken to a local jail or detention facility for booking, which includes recording personal information, fingerprinting, and photographing.
Initial Appearance
The defendant appears before a judge, typically within 24-48 hours. The judge reviews the charges and determines release conditions using a risk assessment.
Release Decision
Since Illinois does not use commercial bail bonds, the judge will either release the defendant on personal recognizance, set a cash bail amount payable to the court, or order detention if the defendant is deemed a danger or flight risk.
Post Cash Bail (If Required)
If cash bail is set, the defendant or a family member pays the amount directly to the court. This money is returned when the case concludes, provided the defendant attended all court dates.
Comply with Conditions
The defendant must follow all release conditions, which may include check-ins, travel restrictions, no-contact orders, or electronic monitoring.
Attend Court Dates
Failure to appear results in a bench warrant and potential forfeiture of any cash bail posted. The defendant may face additional charges for failure to appear.
Frequently Asked Questions About Bail in Illinois
How much does a bail bond cost in Illinois?
Illinois does not have commercial bail bonds. If cash bail is set, you pay the full amount to the court and it is returned when the case concludes.
Can I get a bail bond at any time in Illinois?
Since Illinois doesn't use commercial bail bonds, release depends on the court's schedule and the jail's processing times. Cash bail can typically be posted at any time at the detention facility.
Do I get my money back after the case is over?
If you posted cash bail with the court in Illinois, you will receive a refund (minus any court fees) when the case concludes, provided the defendant appeared at all court dates.
What happens if the defendant misses court in Illinois?
If the defendant fails to appear in court in Illinois, the judge will issue a bench warrant for their arrest and the bail is forfeited. Any cash bail posted with the court may be lost.