Article IV. Rules on Criminal Proceedings in the Trial Court · Part C. Trials · Last amended 2010 · Last verified July 20, 2026
In one sentenceRule 430 bars physical restraints on a defendant at trial unless the judge holds a hearing and finds a real security need that outweighs the defendant's right to appear as a free person before the jury.
An accused shall not be placed in restraint of any form unless there is a manifest need for
restraint to protect the security of the court, the proceedings, or to prevent escape. Persons charged with a criminal offense are presumed innocent until otherwise proven guilty and are entitled to participate in their defense as free persons before the jury or bench. Any deviation from this right shall be based on evidence specifically considered by the trial court on a case-by-case basis. The determination of whether to impose a physical restraint shall be limited to trial proceedings in which the defendant’s innocence or guilt is to be determined, and does not apply to bond hearings or other instances where the defendant may be required to appear before the court prior to a trial being commenced. Once the trial judge becomes aware of restraints, prior to allowing the defendant to appear before the jury, he or she shall conduct a separate hearing on the record to investigate the need for such restraints. At such hearing, the trial court shall consider and shall make specific findings as to:
(1)the seriousness of the present charge against the defendant;
(2)defendant’s temperament and character known to the trial court either by observation or by the testimony of witnesses;
(10)physical security of the courtroom, including the number of entrances and exits, the number of guards necessary to provide security, and the adequacy and availability of alternative security arrangements. After allowing the defendant to be heard and after making specific findings, the trial judge shall balance these findings and impose the use of a restraint only where the need for restraint outweighs the defendant’s right to be free from restraint.
Plain-English Summary
A defendant on trial is presumed innocent and, under Rule 430, is entitled to appear before the jury as a free person unless the court finds a genuine need for restraint. That need has to be tied to protecting courtroom security or preventing an escape, not used as a matter of routine.
The rule applies specifically to trial proceedings where guilt or innocence is being decided, not to bond hearings or other pretrial appearances. Once the trial judge becomes aware that a defendant may appear restrained, the judge has to hold a separate hearing, on the record, before the jury sees the defendant. At that hearing, the court must make specific findings on a list of factors: the seriousness of the charge, the defendant's temperament and history, any past escapes or threats, the risk of violence or an attempted rescue, the size and mood of the courtroom audience, and the courtroom's physical security, among others.
After hearing from the defendant and weighing those findings, the judge may order restraint only if the need for it outweighs the defendant's right to appear free of it.
Frequently Asked Questions
Can a defendant be shackled at trial without a hearing?
No. Rule 430 requires a separate hearing on the record before any restraint is used at trial.
Does this rule apply to bond hearings?
No. It's limited to trial proceedings where the defendant's guilt or innocence is being determined.
What factors does the judge weigh in deciding whether to restrain a defendant?
Things like the seriousness of the charge, the defendant's history and temperament, any escape or violence risk, courtroom security, and the size and mood of the audience.
Who has to be heard from before a restraint decision is made?
The defendant must be given an opportunity to be heard before the judge makes findings and rules on restraint.
What standard does the judge apply in the end?
Restraint can only be ordered if the need for it outweighs the defendant's right to appear free of restraint.
Committee Comments and Commentary
(March 22, 2010)
This rule codifies the holdings in People v. Boose, 66 Ill. 2d 261 (1977), and People v. Allen, 222 Ill. 2d 340 (2006).
Amendment History
Adopted March 22, 2010, effective July 1, 2010.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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