2024 IL App (2d) 230388
Ill. App. Ct.2024Background
- Kenyatta Triplett was charged in April 2023 with attempted murder and aggravated battery with a firearm in Lake County, Illinois.
- He initially had bail set at $1 million, posted bond, and was released.
- Over six weeks after his release, the State filed a petition for pretrial detention under the new Pretrial Fairness Act, which replaced cash bail with pretrial release provisions.
- The Pretrial Fairness Act, effective January 1, 2023, was subject to an implementation stay while being challenged in the Illinois Supreme Court and allowed pretrial detention petitions only at the defendant’s first appearance or within 21 days of release.
- The trial court granted the State’s detention petition well outside the statutory 21-day window, then continued it after further argument.
- Triplett appealed, arguing the State’s petition for detention was untimely, seeking reversal of the detention order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the State's petition to detain under §110-6.1 timely? | Did not contest timeliness on appeal | It was not filed within 21 days | Petition was untimely; detention improper |
| Can untimeliness of petition be raised on appeal? | Not reviewable due to late notice | Timeliness affects validity of continuing order | The October 2 order's validity depends on timely petition |
| Was the Act in effect or stayed at petition filing? | Act’s listed date (Jan 1, 2023) controls | Implementation had been stayed | Regardless, no timely legal basis to detain |
| Should continued detention stand without statutory basis? | Not addressed | No new misconduct; liberty not a risk | No basis for continued detention; must release |
Key Cases Cited
- Rowe v. Raoul, 2023 IL 129248 (upheld the constitutionality of the Pretrial Fairness Act and clarified procedural impacts during the law's stay)