IL SB3947

Shifts burden of proof to defendant in cases involving violations of orders of protection (domestic violence, stalking, civil no contact orders) or domestic battery/aggravated domestic battery charges, requiring defendant to show by clear and convincing evidence that pretrial release poses no real and present threat to safety.

Maintains state's burden of proof by clear and convincing evidence for all other offense categories listed in Section 110-6.1, including forcible felonies, certain gun offenses, trafficking crimes, and other specified felonies.

Requires in-person hearings (rather than video) for pretrial detention decisions unless defendant waives right to physical presence, health/safety concerns exist, or chief judge approves remote proceedings due to operational challenges with documented plans.

Establishes 90-day timeline for bringing detained defendants to trial, after which they must be released if trial has not commenced (excluding continuances requested by defendant or granted for state with good cause).

Requires judges to make written findings at detention hearings explaining why less restrictive conditions cannot mitigate safety threats, and to reconfirm necessity of continued detention at each subsequent court appearance.