People v. Rios
242 N.E.3d 965
Ill. App. Ct.2023Background
- Rene Rios Jr. was arrested Aug. 22, 2023 and charged Aug. 23, 2023 with two counts of predatory criminal sexual assault of a child (Class X) and one count of criminal sexual assault against a family member (Class 1).
- The circuit court set bond at $500,000 (10% deposit), imposed no-contact and location restrictions, and ordered release only under electronic monitoring.
- The SAFE‑T Act became effective Sept. 18, 2023; Rios remained in pretrial detention on that date.
- On Sept. 18 the State filed a petition to deny pretrial release under 725 ILCS 5/110‑6.1; the trial court granted detention under the Act’s ‘‘dangerousness’’ standard.
- Rios appealed, arguing the State’s petition was untimely under section 110‑6.1(c)(1); the appellate court agreed the 110‑6 exception did not apply and held the petition was untimely.
- The court reversed and remanded, explaining that defendants arrested before the Act’s effective date who already had monetary conditions set may either (1) stand on the original pretrial conditions (and be released if the prior security is posted) or (2) move for a hearing under section 110‑5(e) to revisit conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State had statutory authority to file a 110‑6.1 petition on Sept. 18, 2023 for a defendant arrested Aug. 22, 2023 | Section 110‑6 provides authority to seek detention despite timing constraints | Section 110‑6.1(c)(1) sets filing deadlines; petition was untimely because 110‑6 exception doesn't apply | Court: Petition was untimely; 110‑6 not applicable here; detention order reversed |
| What procedural options exist for defendants arrested before the Act who had monetary security set | State sought detention under new Act standards | Defendant can either keep original bail terms (post prior security) or seek a 110‑5(e) hearing to re-evaluate conditions | Court: Defendants may elect to stand on prior conditions (post security) or file for a 110‑5(e) hearing; case remanded |
Key Cases Cited
- Rowe v. Raoul, 2023 IL 129248 (supreme court decision lifting stay and setting the SAFE‑T Act effective date)
- People v. Taylor, 2023 IL 128316 (statutory-construction standard; de novo review)
- Jackson v. Board of Election Commissioners, 2012 IL 111928 (use plain statutory language to ascertain legislative intent)
- People v. Horrell, 235 Ill. 2d 235 (defendant may choose to be sentenced under law in effect at time of offense or new law)