A new analysis from the Center for American Progress examines two innovative bills that have positioned Illinois at the forefront of pretrial justice by removing money from the pretrial process and improving access to community-based services aimed at increasing pretrial safety and fairness.

The first of these bills, the Pretrial Fairness Act, went into effect a year ago. It eliminates the use of cash bail in favor of individualized assessments to determine conditions needed to promote pretrial success. The Pretrial Fairness Act also restricts pretrial detention to specific cases where safety concerns cannot be mitigated by any other condition. Early studies indicate promising results: the jail population has decreased by 14 percent in urban counties and 25 percent in rural counties. Judges are also spending more time considering individual public safety factors, with detention hearings now lasting a median length of 10–30 minutes compared to 4–6 minutes before.

The second bill, the Pretrial Success Act, set to go into effect in 2025, aims to support individuals awaiting trial rather than invest in stringent pretrial surveillance measures such as electronic monitoring and drug testing. This bill allocates $3.5 million towards community-based services, including mental health and substance use support, child care during court appearances, transportation to court appearances, and connections to other social supports.

“Illinois has created a model for the nation by developing a pretrial system that prioritizes fairness and public safety without the use of cash bail,” said Allie Preston, senior policy analyst for Criminal Justice Reform at CAP and co-author of the fact sheet. “The Pretrial Fairness Act was an important first step in building this model, and next year, Illinois will move another step closer to true pretrial justice through the Pretrial Success Act.”

For further information or expert commentary, contact Julia Cusick at [email protected].

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