With the recent implementation of the Pretrial Fairness Act, Illinois has made history by becoming the first state to abolish cash bail in all cases. The Act shifts the focus from wealth to safety in pretrial decision-making, ensuring that individuals accused of a crime are not held in jail for extended periods while awaiting trial simply because they lack financial resources. A new issue brief from the Center for American Progress delves into how this act could improve both safety and justice throughout Illinois' pretrial system and potentially serve as a blueprint for nationwide pretrial reforms.
The brief provides an overview of how cash bail compromises public safety and perpetuates racial injustices, while also discussing how its reform can enhance both safety and fairness. The Pretrial Fairness Act bolsters safety through individualized assessments, restricts and reduces the use of pretrial incarceration, and minimizes its detrimental effects.
The Act also safeguards the rights of those accused of crimes and ensures equal access to a just pretrial process by:
- Mandating tickets instead of custodial arrests for certain offenses where there is no concern for individual or community safety.
- Establishing expedited and clear pretrial procedures, requiring anyone taken into custody to appear before a judge within 48 hours to prevent unnecessary jail time.
- Terminating practices leading to wealth extraction; in the first four months without cash bonds, Illinois families reportedly saved approximately $46 million.
- Expanding access to legal counsel, which has been proven to reduce racial disparities in pretrial incarceration.
- Decreasing the number of innocent people facing pretrial incarceration by restricting its use based on charge, flight risk, and other safety factors.
- Offering opportunities to review cases of individuals incarcerated pretrial. This review process will allow courts to make informed release decisions based on each case's unique public safety considerations.
Allie Preston, senior policy analyst for Criminal Justice Reform at CAP stated: “No statistic can fully capture the impact that eliminating cash bail has on community safety.” She added that the stability resulting from families remaining together and avoiding the loss of custody, jobs, housing, education, and benefits often caused by pretrial incarceration can have long-term safety benefits.
For more information on this topic or to speak with an expert, please contact Jasmine Razeghi at [email protected].
