Article VI. Appeals in Criminal Cases, Post-Conviction Cases, and Juvenile Court Proceedings · Last amended 2013 · Last verified July 20, 2026
In one sentenceRule 609 lets a trial or reviewing court judge admit a defendant to bail and stay a sentence of imprisonment, with or without bond, and stay any other criminal judgment or order pending appeal.
(a)Imprisonment or Confinement. If an appeal is taken from a judgment following which
the defendant is sentenced to imprisonment or periodic imprisonment, or to probation or conditional discharge conditioned upon periodic imprisonment, or from an order revoking or modifying the conditions attached to a sentence of probation or conditional discharge and imposing a sentence of imprisonment or periodic imprisonment, the defendant may be admitted to bail and the sentence or condition of imprisonment or periodic imprisonment stayed, with or without bond, by a judge of the trial or reviewing court. Upon motion showing good cause the reviewing court or a judge thereof may revoke the order of the trial court or order that the amount of bail be increased or decreased.
(b)Other Cases. On appeals in other cases the judgment or order may be stayed by a judge of the trial or reviewing court, with or without bond. Upon motion showing good cause the reviewing court or a judge thereof may revoke the order of the trial court or order that the amount of bail be increased or decreased.
Plain-English Summary
A defendant sentenced to imprisonment, periodic imprisonment, or a revoked probation term that adds imprisonment isn’t necessarily taken into custody the moment the appeal is filed. A judge of the trial or reviewing court can admit the defendant to bail and stay the sentence, with or without bond, while the appeal is pending.
The reviewing court keeps oversight even after the trial court sets the terms — on a motion showing good cause, it can revoke the stay or change the bail amount up or down. Paragraph (b) extends the same stay power to any other criminal judgment or order, not just imprisonment sentences.
Frequently Asked Questions
Can a defendant stay out of custody while appealing a prison sentence?
Yes, a trial or reviewing court judge may admit the defendant to bail and stay the sentence, with or without bond.
Who can change the bail amount set during a stay?
The reviewing court, or a judge of it, on a motion showing good cause.
Does Rule 609 cover only imprisonment sentences?
No — paragraph (b) lets a judge stay a judgment or order in other kinds of criminal cases as well.
Does a stay require posting a bond?
Not necessarily — the rule allows a stay with or without bond.
Who decides whether to grant a stay in the first place?
A judge of the trial court or a judge of the reviewing court.
Committee Comments
(Revised September 1, 1974)
This rule is former Rule 27(16) with language changes for clarification. Rule 27(16) was derived from section 121-6 of the Code of Criminal Procedure of 1963. In 1974, paragraph (b) of the rule was amended to conform its language to that used in the Unified Code of Corrections, enacted effective January 1, 1973, as sections 1-1-1 through 8-6-1, setting forth the types of sentences available to the trial court in criminal proceedings and making provision for the modification of sentences imposed upon conditions. The 1974 amendment to the rule also permits stay of a sentence or condition of imprisonment “with or without bond.”
Amendment History
Amended October 21, 1969, effective January 1, 1970; amended June 28, 1974, effective September 1, 1974; amended Feb. 6, 2013, eff. immediately.
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
Also known as:stay of sentence pending appeal Illinoisbail pending criminal appealstay judgment criminal case Illinoisreviewing court bail authority