When a person is charged with all felony and many serious misdemeanor charges they are subjected to the rules under the SAFE-T act. The process either allows release of the defendant with conditions imposed by the court (such as must attend court in the future or to stay away from an alleged victim) or it requires a pretrial detention hearing. The state may file a verified petition to detain in most felony cases (except low level non-violent charges). Whether they do so is solely determined by the States Attorney's Office. If they file such a petition the court will meet the defendant on what is called an "initial appearance" docket. The hearing will either take place that day or the following. At the hearing the state must allege that the defendant is charged with a qualifying offense and is either a risk of harm to a person or person or is a flight risk. Most of the time they allege the risk of harm as the reason to detain the defendant. The court then makes a determination after both sides proffer whatever facts are relevant to the issue. The court can release a defendant with further conditions (ankle monitor, home confinement, no contact, evaluation and tx). Or the court can detain the defendant until the case is tried or resolved with a plea.
My experience over the past three years that this law has been in effect has varied greatly from county to county. That being said, in almost every serious case involving a death the defendant will be detained. In CSAM cases the results vary. Some counties and judges detain the defendant and others release the defendant. If the charge is a class X CSAM there is a greater chance the defendant will be detained. In domestic battery cases the defendant will most likely be released with conditions. In other felonies such as Burglary or Offenses Related to MV the court will release. Whether a person is released really depends on the facts of the case.
