The following cases were heard on October 31st, 2023:

Dean Ellis: Defendant present with Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of possession with intent to deliver methamphetamine. Judgment of conviction entered. By agreement, Defendant sentenced to 7.5 years in the Illinois Department of Corrections, followed by 18 months of mandatory supervised release, to be served at the rate of 50%, with credit for time served of 413 days. Defendant ordered to pay $1000 fine plus assessments. Assessments waived pursuant to rule 404 certification. Court deems remaining balance uncollectible and vacates it. See written orders.

Joshua Hawthorne: Defendant present with PD Senger, who appears only for the hearing today, and State's Attorney present. Defendant admonished regarding charges, penalties, and rights. Defendant requests time to hire private counsel. By agreement, first appearance with counsel and conditions of release hearing scheduled for 11/2/23 at 10 a.m. Proffer made and probable cause found.

Brandie Jordan: Defendant present with Public Defender and State's Attorney present. Case called for preliminary hearing. Officer sworn and testifies. Court finds probable cause. Defendant waives arraignment, pleads not guilty and demands trial by jury. Pretrial hearing scheduled for 11/28/23 at 10 a.m. in person. Writ to issue if needed.

Alissa Long: Defendant fails to appear. Warrant to issue with no bond. Geographic limits of the warrant are Christian County and surrounding counties Warrant issued over objection of Defendant's Attorney.

Dennis Lowe III: Defendant fails to appear. Warrant to issue with no bond. Geographic limits of the warrant are Christian County and surrounding counties. Warrant issued over objection of Defendant's Attorney and is stayed until 11/3/23 at 10 a.m.

Kylee Mathes: Defendant present with Public Defender and State's Attorney present. By agreement, preliminary hearing scheduled for 2/20/24 at 10 a.m. in person.

Haylee Taylor: Defendant present with Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of unlawful possession of methamphetamine. No judgment of conviction entered. By agreement, Defendant sentenced to two years first offender probation. See written orders. Assessments waived pursuant to rule 404 certification. See written orders.

The following cases were heard on October 30th, 2023:

Ashley Bain: Defendant present with counsel and State's Attorney present. By agreement, Defendant's motion to continue pretrial and jury trial granted without objection. Time chargeable to the Defendant. Pretrial hearing scheduled for 12/21/23 at 10 a.m. New writ to issue in 14 days.

Brenden Barger: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 1/16/24 at 10 a.m. By agreement, warrant quashed and Defendant ordered released subject to the terms of the pretrial release order. See written order. Defendant has outstanding matters in other counties and anticipates a possible problem-solving court disposition in January in Effingham County.

Lawrence Moore: Defendant present with counsel and Assistant State's Attorney present. By agreement, pretrial hearing continued to 1/26/24 at 10 a.m. remotely. Defendant is compliant with counseling and is approximately half done.

Charles Peterson: Defendant present with Asst. Public Defender and Asst. State's Attorney present. By agreement, Defendant pleads guilty to the charge of burglary. No judgment of conviction entered. By agreement, Defendant sentenced to 2 years tretment court probation (mental health court). See written orders. All other pending matters dismissed pursuant to plea.

Kyle Sheley: Defendant present with Public Defender and Asst. State's Attorney present. Defendant knowingly and voluntarily waives preliminary hearing. See written waiver. Defendant waives arraignment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 1/5/24 at 10 a.m.

Elizabeth Vincent: Defendant present pro se and State's Attorney present. Defendant admonished regarding charges, penalties, and rights. By agreement, Public Defender appointed to represent Defendant. Preliminary hearing scheduled for in person hearing on 12/21/23 at 10 a.m.

Brent Woodall: Defendant present in person and in custody with the Public Defender. Asst. State's Attorney Present. FInal pretrial and jury trial dates remain.

The following cases were heard on October 27th, 2023:

Tavonn Adams: Defendant present with counsel and SP Havera present. By agreement, preliminary hearing scheduled for 12/7/23 at 10 a.m. in person. State made offer yesterday. Plea negotiations ongoing. Parties anticipate plea on all matters then.

Dean Ellis: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/31/23 at 10 a.m. Parties have reached agreement whereby Sentenced to 7.5 years in the Illinois Department of Corrections. Jury trial
vacated.

Michael Evrley: Defendant present with counsel and Sp Kroncke present. Defendant knowingly and voluntarily waives preliminary hearing. See written waiver. Defendant waives arraignment, pleads not guilty, and demands trial by jury. Pretrial hearing scheduled for 12/7/23 at 10 a.m.

Drayven Gates: Parties present by counsel. By agreement pretrial continued to 12/12/23 at 9 a.m.

Brittany Hill: Defendant present with Public Defender and SP Havera present. By agreement, pretrial hearing continued to 12/7/23 at 10 a.m. State to make plea offer.

Robert Hodson: Defendant present in person and in custody of the Illinois Department of Corrections with his attorney and State's Attorney and SP Kroncke present. Case called for hearing on Defendant's motion to withdraw guilty plea and vacate a sentence. Parties waive argument and asked the court consider the written pleadings. For reasons stated on the record, motion denied. Defendant's attorney files notice of appeal in open court. Office of the appellate defender is appointed to represent Defendant. Defendant may try to hire private counsel.

Billy Hulfachor: Defendant present with counsel. AAG Hegarty and State's Attorney present. By agreement, Defendant pleads guilty to the charges pf possession of child pornography in Counts 1, 2, 3, 7, and 9 of the Indictment. All other counts of the indictment and information are dismissed pursuant to the negotiated plea. Judgments of conviction entered. By agreement, Defendant sentenced to 10 years in IDOC on Count 1 followed by 3 years to natural life of MSR, to be served at the rate of 50%, with credit for time served of 281 days served. He is ordered to pay a $1000 fine plus assessments and restitution as set for in the financial sentencing order. As to Counts 2, 3, 7, and 9, Defendant is sentenced to 5 years in IDOC followed by 3 years to natural life of MSR on each count with no credit for time served, to be served at the rate of 50% and a fine of $1,000 on each count. All sentences to run consecutively for an aggregate term of 30 years. Assessments waived per Rule 404 certification. Balance forwarded to collections. See written orders.

Robin Jones: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/28/23 at 10 a.m. Defendant currently in treatment.

Mathieu Kuhns: Defendant present with counsel and SP Kroncke present. By agreement, pretrial hearing continued to 12/7/23 at 10 a.m. 402 conference conducted.

Bradley Long: Defendant present with counsel and SP Kroncke present. By agreement, pretrial hearing continued to 12/7/23 at 10 a.m. For reasons stated on the record, state withdraws source of bond motion.

Michael Morrissey: Defendant present with Public Defender and SP Havera present. By agreement, pretrial hearing continued to 1/12/24 at 10 a.m.

Gilbert Neal: Defendant fails to appear. Notice to appear to issue for 12/7/23 at 10 a.m.

Samantha Olivio: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/30/23 at 10 a.m.

Justin Pruett: Defendant present with counsel and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of theft (Count II). Count I dismissed pursuant to negotiated plea. By agreement, Defendant sentenced to two years probation, eight days in the county jail with credit for four days served, and he is ordered to pay the financial obligations set forth in the financial sentencing order. Bond from all pending matters to apply. See written orders.

Jada Reeves: Defendant present with counsel and SP Kroncke present. By agreement, case continued for presentation of negotiated plea on 12/7/23 at 10 a.m. in person.

Harold Sirbaugh: Defendant present in person with counsel and Special Prosecutor Havera present. Case dismissed for reasons stated in the written motion and or reason stated on the record. Bond to be refunded less clerk's bond fee bond assignment.

Nikki Snow: Parties present by counsel. Treatment court referral pending. Pretrial hearing scheduled for 1/12/24 at 10 a.m.

William Steinkuehler: Defendant present with counsel and Asst. State's Attorney present. By agreement, Defendant's motion to continue pretrial and jury trial granted without objection. Time chargeable to the Defendant. Final pretrial hearing scheduled for 1/23/24 at 1:15 p.m. Jury trial scheduled for 2/12/24 at 8:30 a.m. Both hearings are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given. Subs to continue.

Chad Wilber: Defendant present with PD Senger and SP Kroncke present. State made a plea offer and APD Grigsby needs to confer with her client re same. By agreement, pretrial hearing set 12/7/23 at 10 a.m.

Timothy Wiseman: Defendant present with Public Defender and SP Havera present. By agreement, pretrial hearing continued to 12/7/23 at 10 a.m.

The following cases were heard on October 26th, 2023:

Robert Abberley: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 11/9/23 at 10 a.m.

Joshua Bain: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10/31/23 at 10 a.m.

Lucas Fenton: Defendant present with Public defender and State's Attorney present. by agreement, pretrial hearing continued to 11/21/23 at 10 a.m.

Bradley Graham: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/14/23 at 10 a.m. Defendant has conferred with a toxicology expert.

Joshua Hill: Defendant present with Public Defender Herkert and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of possession of methamphetamine, an extended term class 3 felony. Count 2 dismissed pursuant to negotiated plea and with the consent of the alleged victim. Judgment of conviction entered. by agreement, Defendant sentenced to two years probation and ordered to buy the fine and assessments. See written orders. Defendant's Attorney to file certification and assessments are ordered waived upon the filing of it. Warrant quashed.

Anthony Maiden: Defendant present with Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of aggravated battery (Count II). Count I dismiss pursuant to negotiated plea and based on lack of cooperation from the alleged victim and for other reasons stated on the record. Judgment of conviction entered. By agreement, Defendant sentenced to two years probation and 104 days in jail with credit for 52 days served. Defendant ordered released from custody. Defendant assessed the fine and assessments as set forth in the financial sentencing order. The assessments are ordered waived upon the filing of the certification which would leave a balance of $700. See written orders.

Jeremy Reiss: Defendant present in person with Assistant Public Defender Grigsby and Assistant State's Attorney DePaepe. By agreement, Defendant admits the allegations in the petition to revoke conditional discharge. Conditional discharge sentence revoke. By agreement, Defendant sentenced to two years of treatment court probation and is placed in the mental health court program. See written orders.

Joseph Sherman: Defendant present with Public Defender and State's Attorney present. Discovery ongoing and parties confirm final pretrial land jury trial dates. Court reconsiders detention order and declines to vacate it for reasons stated on the record. Detention order to continue.

The following cases were heard on October 24th, 2023:

Bobbie Abberley: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 11/28/23 at 10 a.m.

Lacy Austin: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 1/5/24 at 10 a.m.

Joshua Bland: Defendant present with Asst. Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of possession of methamphetamine. Count II dismissed on motion of the State pursuant to partially negotiated plea. No judgment of conviction entered. Parties do not have an agreement as to a sentence but State agrees to allow the matter to proceed today without a formal sentencing hearing or pre-sentence investigation report. Defendant sentenced to 2 Years Treatment Ct. probation (drug court). Defendant assessed restitution as set forth in the written order. Bond to apply. See written orders.

Jacob Bright: Defendant present with counsel and State's Attorney present. By agreement, pretrial hearing continued to 12/29/23 at 10 a.m. Discovery review ongoing. If the case is not resolved at next date, the case will be set for trial.

Dale Detmers: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 1/23/24 at 10 a.m. State was to see if defendant can get into compliance. If the matter is not resolved at the next hearing date, the petition will be set for hearing.

Tatiana Fisher: Defendant present with counsel and State's Attorney present. By agreement, final pretrial hearing scheduled for 1/23/24 at 1:15 p.m. Jury trial scheduled for 2/12/24 at 8:30 a.m. Both hearings are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given.

Justin McKay: Defendant present with Public Defender and State's Attorney present. For resons stated on the record, all pending motions withdrawn on motion of the Defendant. No further settings.

Landon Moore: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/29/23 at 10 a.m. State and a revised offer today and Defendant will meet with his attorney to discuss it.

Samantha Olivio: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10/27/23 at 10 a.m.

Kevin Rensman: Defendant present with Public Defender in IDOC custody and Asst. State's Attorney present. By agreement, pretrial hearing continued to 12/28/23 at 10 a.m. In person Writ continued.

Wesley Rogers: Defendant fails to appear. Notice to appear to issue for 11/09/23 at 10 a.m.

Tyler Sigretto: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/21/23 at 10 a.m. Defendant is currently in outpatient treatment and anticipates completing same the next court date and the state may agree to withdraw the petition to if he successfully complete treatment.

Jack Skinner: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/12/23 at 10 a.m. Defendant to make treatment court referral.

The following cases were heard on October 20th, 2023:

Robert Roark: State's Attorney present, Defendant in custody pro se. Assistant Public Defender appointed and subject to reimbursement. Hearing on petiton to revoke pretrial release set for 10/30/23 at 11 a.m.

Brad Tolen: Hybrid - State's Attorney, Defendant in custody with Attorney Grigsby. By agreement, Defendant ordered released per COR-STAT Conditions. Report to OSPS, no contact with Taylorville Wal-Mart. Preliminary hearing set for 12/1/23 at 10 a.m.

Michael Wicker: Hybrid - ASA DePaepe in person, Defendant in person with Attorney Finks by video. Sentenceing hearing set for 11/30/23 at 1:15 p.m.

The following cases were heard on October 19th, 2023:

Joshua Foil: Defendant present with counsel and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 12/1/23 at 10 a.m.

Alonzo Hoyer: Defendant present with Public Defender and State's Attorney present. Negotiated plea presented and approved by the Court, whereby Defendant pleads guilty to the charge of domestic battery. Judgment of conviction entered. By agreement, Defendant sentenced to 3 years in the Illinois Department of Corrections, followed by 4 years of mandatory supervised release, with credit for 115 days served, and to be served concurrently with the current sentence out of Effingham County. Defendant assessed a $750 fine plus assessment. Assessments waived pursuant to certification. $100 Public defender reimbursement fee waived. See written orders.

Kylee Mathes: Status/PTR set for 10/31/23 at 10:00 a.m. in courtroom A.

The following cases were heard on October 17th, 2023:

Adrianne Dowdy: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/1/23 at 10 a.m. Parties still negotiating.

Skye Halleman: Defendant present with Public Defender and State's Attorney present. Case called for preliminary hearing. Officer sworn and testifies. Court finds probable cause. Defendant waives arraignment, pleads not guilty and demands trial by jury. Pretrial hearing scheduled for all pending matters on 1/6/24 at 10 a.m. Treatment court referral pending.

Jeremy Masters: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 12/1/23 at 10 a.m.

Jerry Riggs: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing contined to 11/28/23 at 10 a.m. Treatment court referral pending and parties might have a possible hybrid resolution.

Donald Runyon: Defendant present in person with Public Defender and State's Attorney present. In person hearing on the petition to revoke scheduled for 12/12/23 at 11 a.m. Defendant admonished regarding hearing in abstentia.

Daniel Skaggs: Parties present by counsel. By agreement, Defendant's motion to vacate on forfeiture of $3,000 cash bond granted. Bond forfeiture vacated. Bond to apply to clerk's bond fee in the outstanding balance with the remainder to be refunded.

Nicholas Steele: Defendant present with Public Defender and State's Attorney present. by agreement, pretrial hearing continued to 12/15/23 at 10 a.m. Writ to issue.

Keith Weller: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/17/23 at 10 a.m. Treatment court referral pending.

Troy Woods: Defendant present with Public Defender and State's Attorney present. Case called for hearing on motion for furlough. Defendant's wife sworn and testifies. Arguments heard. Motion denied for reasons stated on the record. The State filed a petition for detention under 725 ILCS 5/110-6.1. Defendant filed a motion to strike the State's motion. Defendant filed a "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e). Regarding the motion to strike the motion for pretrial detention, 725 ILCS 5/110-6.1(c)(1) requires the State to file a detention petition at the time of the first appearance before a judge if the defendant has been detained or within 21 days of arrest and release if the defendant has not been detained. Since the defendant is in custody and already made a first appearance before a judge, defendant argues the State is precluded from seeking detention.
The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states "[t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6." The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody.
The plain language of these statutes read together clearly permits the State to file a petition for detention if it complies with 725 ILCS 5/110-6.1. Since Defendant has already appeared before a judge, the State's petition for detention is not timely. Defendant's motion to strike the petition for detention is granted.
Regarding Defendant's motion "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states "[o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5." Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond. Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention petition was granted, Defendant claims he must be released without the possibility of further detention. The crux of Defendant's position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that "[o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . ." (emphasis added). The schedule grants defendant a "hearing" within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section 110-6.1. Defendant claims paragraph 2 of section 110-7.5 does not apply because defendant is "subject to subsection (b)," paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023.
"The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. In addition to examining the statutory language, the Court may discern legislative intent by considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved." People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). " 'Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' " Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24.
The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not "subject to subsection (b)." Yet, that language is also part of "subsection (b)." Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond.
Considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved" it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria.
Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to detention.
Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for at least 90 days. Clearly, the legislature did not intend such an absurd result.
The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(i) which requires all detained defendants to be brought to trial within 90 days of the
entry of the detention order or they would have to be released from detention. The Court's interpretation would require defendants in custody who are subject to section 110-7.5 to be tried within 90 days of the filing of the motion to modify pretrial release conditions or be released from custody.
In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is being held on a "detainable" offense, he is not entitled to a hearing on his pending motion to remove monetary conditions of bail within 48 hours.
Instead, such hearing must be held within 90 days of the filing of the motion. Accordingly, this Court sets the motion for hearing on 12/12/23 at 10 a.m. By agreement, final pretrial hearing scheduled for 11/21/23 at 1:15 p.m. Jury trial scheduled for 12/4/23 at 8:30 a.m. Both hearings are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given.

The following cases were heard on October 16th, 2023:

Nathan Baker: Defendant present remotey with counsel and State's Attorney present. Hearing conducted on Defendant's request to modify pretrial release conditions to remove electronic monitoring. Motion denied for reasons stated on the record.

James Eiskant: The State filed a petition for detention under 725 ILCS 5/110-6.1. Defendant filed a motion to strike the State's motion. Defendant filed a "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e). Regarding the motion to strike the motion for pretrial detention, 725 ILCS 5/110-6.1(c)(1) requires the State to file a detention petition at the time of the first appearance before a judge if the defendant has been detained or within 21 days of arrest and release if the defendant has not been detained. Since the defendant is in custody
and already made a first appearance before a judge, defendant argues the State is precluded from seeking detention. The legislature passed a trailer bill adding 725 ILCS 5/110-7.5 to address retroactive application of the Pretrial Fairness Act to defendants who were in custody and had not posted cash bond when the law took effect on September 18, 2023. Section 110-7.5(a) states "[t]his Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6." The State argues this language permits it to file detention or sanction petitions even though defendant has already appeared before a judge and has not been released from custody. The plain language of these statutes read together clearly permits the State to file a petition for detention if it complies with 725 ILCS 5/110-6.1. Since Defendant has already appeared before a judge, the State's petition for detention is not timely. Defendant's motion to strike the petition for detention is granted.
Regarding Defendant's motion "motion to remove monetary conditions of bail" pursuant to 725 ILCS 5/110-7.5(b) and 725 ILCS 5/110-5(e), Defendant focuses on paragraph one of section 7.5(b) which states "[o]n or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5." Section 110-5(e) entitles defendant to a hearing within 48 hours of the filing of a petition to reconsider pretrial release conditions and requires the court to remove any release conditions a defendant cannot satisfy for financial reasons which would include posting cash bond.
Essentially, Defendant claims he cannot afford to post cash bond and therefore, pursuant to section 110-5(e), the Court must release him from custody after a hearing within 48 hours of filing the motion to reconsider. Further, since Defendant's motion to strike the detention petition was granted, Defendant claims he must be released without the possibility of further detention. The crux of Defendant's position is then that within 48 hours of the filing of a petition to reconsider pretrial release conditions, all defendants in custody with a cash bond on September 18, 2023, must be released from custody regardless of whether the offense is detainable under the PFA. Paragraph 2 of section 110-7.5(b) provides in pertinent part that "[o]n or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule . . ." (emphasis added). The schedule grants defendant a "hearing" within: 90 days of the filing of a motion for reconsideration of pretrial release conditions if charged with an offense under paragraphs (1) through (7) of subsection (a) of Section 110-6.1; 60 days of the filing of a motion for
reconsideration of pretrial release conditions if charged with an offense under paragraph (8) of subsection (a) of Section 110-6.1; and 7 days all other offenses not listed in subsection (a) of Section 110-6.1.
Defendant claims paragraph 2 of section 110-7.5 does not apply because defendant is "subject to subsection (b)," paragraph one, and is therefore, entitled to a hearing within 48 hours of the filing of
a motion for reconsideration of pretrial release conditions. The Court must construe section 110-7.5 to determine the legislative intent regarding application of the PFA to defendants in custody with cash bonds on September 18, 2023. "The cardinal rule in interpreting a statute is to give effect to the intent of the legislature. The language of the statute is the best and most reliable indicator of the legislature's intent. Where the language is plain and unambiguous, this Court must not read into it exceptions, limitations, or other conditions. However, where the statutory language is ambiguous, the Court may look beyond the language and resort to further aids of statutory construction. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24. In addition to examining the statutory language, the Court may discern legislative intent by considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved." People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 280, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). " 'Legislative intent can be ascertained from a consideration of the entire Act, its nature, its object and the consequences that would result from construing it one way or the other.' " Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990)). Throughout this process, this Court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Id. People v. Fort, 2017 IL 118966, 20, 88 N.E.3d 718, 723-24.
The Court determines section 110-7.5(b) is not plain and unambiguous, and therefore, this Court can consider other aids of statutory construction beyond the statutory language. Paragraph 2 of section 110-7.5(b) is clearly ambiguous, as it only purports to apply to defendants that are not "subject to subsection (b)." Yet, that language is also part of "subsection (b)." Construing section 110-7.5(b) as Defendant argues would essentially render paragraph 2 of section 110-7.5(b) meaningless, as it would only apply to defendants being held without bond. If that was the legislative intent, why create a schedule for hearing motions to reconsider conditions of pretrial release based upon the type of offense and whether is was detainable? The Court cannot fathom a scenario where a defendant charged with a non-detainable offense would ever be held without bond. Considering "the purpose and necessity for the law, the evils sought to be remedied, and goals to be achieved" it is clear the legislature intended to set a schedule to hear these motions to reconsider based upon whether the offense charged was detainable or not. The overall goal of the PFA was to detain defendants who pose a danger to the community or others or who are a danger of willful flight from prosecution and release those who did not meet those criteria. Reading this section as defendant argues would frustrate the legislative intent and effectively release all defendants in custody who could not afford to post bond within 48 hours of the filing of a motion to reconsider pretrial release conditions regardless of the seriousness of the offense and whether the defendant was subject to detention.
Such an interpretation would produce absurd and unjust results and would further violate the legislative goal of protecting the community. For example, if a defendant was charged with murder on September 17, 2023, and was granted pretrial release subject to the posting of cash bond, and the defendant filed a motion to reconsider pretrial release conditions on September 18, 2023, the Court would have to hold a hearing on that motion by September 20, 2023, and if the defendant proved he was financially unable to post bond, the Court would be obligated to release the defendant from custody without even being subject to a detention petition. Whereas a defendant charged with murder on September 18, 2023, would be subject to a detention petition, and if detained could not be released before being in custody for at least 90 days. Clearly, the legislature did not intend such an absurd result.
The Court's interpretation is also more in line with the legislative intent as expressed in 725 ILCS 5/110-6.1(i) which requires all detained defendants to be brought to trial within 90 days of the
entry of the detention order or they would have to be released from detention. The Court's interpretation would require defendants in custody who are subject to section 110-7.5 to be tried within 90 days of the filing of the motion to modify pretrial release conditions or be released from custody.
In summary, the Court determines that 725 ILCS 5/110-7.5(b) requires the court to hold a hearing on defendant's motion to modify pretrial release conditions in accordance with the schedule set forth in paragraph 2 of that section. Since defendant is being held on a "detainable" offense, he is not entitled to a hearing on his pending motion to remove monetary conditions of bail within 48 hours.
Instead, such hearing must be held within 90 days of the filing of the motion. Accordingly, this Court sets the motion for hearing on 12/12/23 at 10 a.m. Pretrial 11/27/23 at 10 a.m.

Kimberly England: Defendant present with counsel and State' sAttorney present. By agreement, final pretrial hearing scheduled for 1/23/24 at 1:15 p.m. Jury trial scheduled for 2/12/24 at 8:30 a.m. both hearings are in person. Parties ordered to file pretrial motions at least 30 days before teh jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given.

Carl Fisher: Defendant present with counsel and ASA DePaepe present. In person sentencing hearing set 11/16/23 at 1:15 p.m. Defendant admonished re-sentencing in abstentia.

Sierra Hatfill: Defendant present with counsel and Asst. State's Attorney present. PTR withdrawn on motion of the State  for reasons stated on the record. Pay or appear hearing scheduled for 12/11/23 at 9 a.m.

Charles Peterson: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/30/23 at 10 a.m. Defendant will be admitted to treatment court at that time.

Kyle Richards: Defendant fails to appear. State's Attorney present. $500 fine is converted back to a fine from public-service work and taht balance is also ordered to be sent to collections.

Issac Vargas: Defendant present with Public Defender and State's Attorney present. Case called for preliminary hearing. Officer sworn and testifies Court finds probable cause. Defendant waives arraignment, pleads not guilty and demands trial by jury. Pretrial hearing scheduled for 12/11/23 at 10 a.m.

Andrew Woods: Final pre-trial set for 11/21/23 at 1:15 p.m. in Courtroom A. Jury trial set for 12/4/23 at 8:30 a.m. in Courtroom A.

The following cases were heard on October 13th, 2023:

Brian Colston: Defendant present via Zoom, Assistant State's Attorney present. Set for Pretrial Status Hearing on 12/15/23 at 10 a.m. Defendant to be present in person.

Sharon Colston:  Defendant present via Zoom, Assistant State's Attorney present. Set for Pretrial Status Hearing on 12/15/23 at 10 a.m. Defendant to be present in person.

Dalton Dupont: Defefendant does not appear. His attorney advises he is in custody in Macon County. Defendant moves to continue; reset Pretrial Hearing for 12/11/23 at 10 a.m.

Michael Durbin: Defendant present with Public Defender Senger, State's Attorney present. Defendant is admonished and pleads guilty to Count 1; Count 2 is dismissed. defendant given appeal rights and sent to terms pursuant to sent order entered today. Court assessments waived pursuant to Rule 404 Certification filed by Public Defender Senger.

Steven Frazier: Defendant did not appear. He previously admitted petition. Defendant in treatment; reset status to 11/28/23 at 10 a.m.

Jacob Krouse: Defendant present in court with Public Defender Senger; Assistant State's Attorney present. Reset for further pretrial hearing 1/16/23 at 10 a.m.

Kendra Monts: Court advises that Ms. Monts is deceased Case dismissed with prejudice.

Jaycie Rogers: Defendant by Attorney Herkert; State's Attorney present. Continued by agreement for further pretrial on 12/1/23 at 10 a.m.

Jennifer Smith: Defendant did not appear, Public Defender Senger present; Assistant State's Attorney present. Notice to appear for 10/26/23 at 10 a.m.

The following cases were heard on October 10th, 2023:

Nathan Baker: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10/16/23 at 10 a.m.

Alex Collingwood: Defendant present with Public Defender and Stat'e sAttorney present. Hearing on the petition to revoke scheduled for in person hearing on 12/14/23 at 11 a.m. Defendant admonished re-hearing in his absence.

Anthony Delgado: Defendant present with Public Defender and State's Attorney present. By agreement, preliminary hearing scheduled for 11/16/23 at 10 a.m. By agreement, warrant to apply to both, pending cases. In person writ to issue to Graham Correctional Center.

Michael Durbin: Defendant present with Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/13/23 at 10 a.m.

Brandie Jordan: Parties present by counsel. Defendant currently incarcerated in the Shelby County jail. In person writ to issue. Preliminary hearing scheduled for 10/31/23 at 10 a.m.

Jason Leach: Defendant present with counsel and State's Attorney present. DHS has not filed an initial report indicating whether any treatments been performed or his current status unfitness. Public Defender to contact DHS to determine status. Status hearing continued to 10/30/23 at 10 a.m.

Alissa Long: Defendant fails to appear. Notice to appear to issue for 10/13/23 at 10 a.m. in person. Defendant may have been present on Zoom but never unmuted her device.

Drakeem Manning: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continue to 11/20/23 at 10 a.m.

Lynn Norris: Defendant present with Public Defender and State's Attorney present. By agreement, hearing on the petition to revoke scheduled for in person hearing on 12/15/23 at 11 a.m. Defendant admonished regarding hearing in her absence.

Rex Pruitt: Defendant present with Public Defender and State's Attorney present. Case called for preliminary hearing. Officer sworn and testifies. Court finds probable cause. Defendant waives arraignment, pleads not guilty and demands trial by jury. Pretrial hearing scheduled for 12/14/23 at 10 a.m. Amended Cout 1 information filed by the State.

Kyle Sheley: defendant present with Public Defender and State's Attorney present. By agreement, preliminary hearing continued to 10/30/23 at 10 a.m.

Lester Ward: Defendant present remotely from treatment with Public Defender and Assistant State's Attorney present. Defendant has been in treatment for several weeks and anticipates possibly being released successfully this week. By agreement, Defendant ordered released from custody upon successful completion of treatment. Pretrial hearing scheduled for 11/27/23 at 10 a.m.

Dillon Washburn: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/27/23 at 10 a.m.

Alyxis Whitcomb: Warrant/Attachment set for 10/10/23 at 10 a.m. in Courtroom A.

The following cases were heard on October 6th, 2023:

Jeremy Cole: Defendant fails to appear. Public Defender and Special Prosecutor present. State's request for Warrant granted over objection of Public Defender from reason stated on the record. Warrant to issue in all pending matters with geographic limits of Illinois and surrounding states.

Michael Durbin: Defendant present in custody and in person with Public Defender and State's Attorney present. By agreement, pretrial hearing and hearing on State's petition to deny pretrial release, Defendant's motion to strike that petition, and defendant's motion to remove monetary conditions of pretrial release scheduled for in person hearing on 10/10/23.

Jacob Garrett: Defendant present in person pro se and State's Attorney present. Defendant unable to hire counsel and is found to be indigent. Public defender appointed to represent Defendant. In person preliminary hearing scheduled for 11/27/23f at 10 a.m. All othe rpending matters continued to that date for status.

Richard Ginger: Defendant present in person and in custody with Public Defender and State's Attorney present. Defendant action oral motion for the court to reconsider his custody status under the PFA. For reasons stated on the record, the Court does not find that this provision is retroactively applicable to this Defendant and that request is denied. By agreement, final pretrial hearing scheduled for 11/21/23 at 1:15 p.m. Jury trial scheduled for 12/4/23 at 8:30 a.m. Both hearings are in person. Parties ordered to file pretrial motions at least 30 days before the jury trial to be heard at the final pretrial hearing. Trial in abstentia admonition given. State elects to try 18-CF-11 first with 19-CF-30 as backup.

Charles Peterson: Defendant peresent wiht Public Defender and State's Attorney present. By agreement, case continued for presentation of negotiated plea on 10/16/23 at 10 a.m. Defendant will be admitted to treatment court at that time.

Lester Ward: Parties present by counsel. Status of furlough scheduled for 10/10/23 at 10 a.m.

The following cases were heard on October 5th, 2023:

Joshua Bland: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10/24/23 at 10 a.m. State indicates its objection to a treatment court referral. The referral will be staffed again on 10/18/23. OSPS Officer Adams advises Defendant's compliance with conditions of release and has submitted five negative drug tests since his release from custody.

Abigail Brest: Defendant present with attorney Herkert and State's Attorney present. Sentencing hearing scheduled for in person hearing 10/27-23 at 11 a.m. Defendant admonished re sentencing in abstentia.

Richard Ginger: Defendant present in person and in custody with Public defender and State's Attorney present. Case called for hearing on the petition to revoke. Probation officer Chlebus sworn and testifies. Defendant sworn and testifies. Arguments heard. For reasons stated on the record, Court finds State failed to meet its burden on the petition to revoke. State advises it will be filing a new petition to revoke today. Status hearing in all pending matters scheduled for 10/06/23 at 10 a.m.

Dennis Wilcutt: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 11/2/23 at 10 a.m.

The following cases were heard on October 3rd, 2023:

Steven Frost: Defendant present with Public Defender and State's Attorney present. By agreement, patient sentence not revoked and original probation order term extended by 24 months from today. Defendant admonished regarding his right to appeal.

Starla Hostetler: Defendant present with Public Defender and State's Attorney present. By agreement, pretrial hearing continued to 10/12/23 at 10 a.m.

Jeffrey Jones: Defendant present in person and in custody with counsel and State's Attorney present. Defendant has met with counsel and is not filing a motion to proceed pro se at this time. Defendant intends to file a motion for substitution of Judge. Parties directred to coordinate with the clerk for a hearing date and time on that motion. By agreement, discovery dissemination order entered. See written order. Order for Dissemnination of Discovery pursuant to Rule 415(c) entered and filed. Copy provided to the State and Public Defender Senger.

The following cases were heard on October 2nd, 2023:

Nathan Baker: Defendant inperson with Attorney; State's Attorney present. Reset for hearing on pretrial detention on 10/10/23 at 10 a.m.

Nicholas Cox: Defendant in person with Attorney; State' Attorney present. Reset for status on 11/21/23 at 10 a.m.

Michael Durbin: Defendnat in custody and in Court with Attorney; State's Attorney present. Reset for status on 10/6/23.

Ryan Ginger: Defendant pro se; State's Attorney present. Defendant ordered to complete drug test with pretrial services. Sentencing hearing confirmed.

Noah Merrifield: Defendant in person and with Attorney; State's Attorney present. Negotiated plea of 2 years PSW, 30 hours PSW, $750 plus assessments, and probation to monitor payments.

Thomas Merrifield: Defendant failed to appear; defendant in rehab and Attorney present. Reset for notice to appear on 11/21/23 at 10 a.m.

Christopher Mills: Defendant in person with Attorney; State's Attorney present. Negotiated plea of 2 years probation. Balance reassessed plus additional probation fee; bond to apply and Defendant to pay $25 per month. Pay on agreement hearing set for 1/10/24; Defendant need not to appear if current on payments.

Laurie Reatherford: Defendant in person with Attorney; State's Attorney present. Negotiated plea of Count 1 is $750 plus assessments, 2 years first offender probation, 30 hours PSW; Count 2 is dismissed per plea. Waiver filed and entered. Defendant to pay $50 per month; Pay on agreement hearing set for 1/10/24 at 9 a.m. Defendant need not to appear if current on payments.