ILLINOIS COURTS ISSUES OPINION ON THE PEOPLE OF THE STATE OF ILLINOIS V/S ELTON SIMMONS, CASE

SPRINGFIELD, Ill., April 28 -- The Illinois Courts Office issued the following opinion on March 28:

1. Held: The circuit court, by failing to make the findings necessary to overcome the presumption for pretrial release, abused its discretion in detaining defendant.

2. Defendant, Elton Simmons, appeals the circuit court's order denying his pretrial release under section 110-6.1(a)(4) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-6.1(a)(4) (West 2022)), hereinafter as amended by Public Acts 101-652, section 10-255 and 102-1104, section 70 (eff. Jan. 1, 2023), commonly known as the Pretrial Fairness Act. We reverse and remand.

3. I. BACKGROUND

4. On January 12, 2024, defendant was charged with committing domestic batt...