Cash bail has now come to an end in the state of Illinois on Monday, Sep. 18, 2023. For a time now, thousands of people have been fighting for the Pretrial Fairness Act to be passed as a bill. Moreover, on Jan. 13, 2021, the Illinois legislature passed the Pretrial Fairness Act. This makes Illinois be the first state to completely abolish cash bail. It was passed as a part of the Illinois Legislative Black Caucus criminal justice reform bill.
The Pretrial Fairness Act stands for the removal of cash bail and before trial detention. Previous to the Pretrial Fairness Act, those suspected of illegal crimes would be detained and given an amount to pay for bail. Additionally, offenders would have the opportunity of paying their bond in cash.
When the bond would be paid the offender would remain free up until their trial date. On the other hand, some people weren’t able to pay their bond and therefore they would stay in a cell until they were provided with a fair trial. However, often times the wait would be extended far longer than expected.
Moreover, with the implementation of the Pretrial Fairness Act, it is expected that this will create fairer pretrial justice system. The new law is also ensuring a safer environment by creating a more in depth process to decide if someone should remain detained or not.
Pretrial Fairness Act
Moreover, the Pretrial Fairness Act has ensured some significant developments. For example, the change in eligibility when it comes to detainment and being jailed. Unless a highly alarming and dangerous person was suspected, a suspect wouldn’t be jailed and put on bond. This changes the unnecessary pretrial jailing.
This will be accomplished by requiring police to give some people tickets without arresting them. By implementing this, it lessens the unnecessary release of various people in waiting to reach trial for space. Also, the Pretrial Fairness Act ensures that risk assessment tools cannot be the main reason for pretrial incarceration. It will allow defense attorneys to challenge the validity of a risk assessment tools used in court.
On top of this, detention hearings will not be mandatory for crimes that include probation as a possible punishment. Although, judges can still make the determination to keep those defendants incarcerated pending trial if they determine they are a risk to the public.
When it comes to misdemeanors and penalties, like missing a court date, the consequence wouldn’t result in people indefinitely losing their pretrial freedom. On the other hand, violations of pretrial release conditions will be downgraded to a Class A misdemeanor instead of a possible felony charge.
The Goal of Illinois
Illinois passed the Pretrial Fairness Act as a law with the goal of achieving an equitable system. A reason for this is the various cases of racism in bond bail. Studies gathered have shown that Black men receive bail amounts 35% higher than white men. This large difference is outrages and a serious change was needed. Not to mention, Latino men receive 19% more in bail amount than white men.
It is important to realize how unfair the justice system is towards Black and brown people. In fact, most people in the system are poor and people of color. A target is put on people of color and there is little to do when authorities abuse their power. Over the years the media has exposed to the public various cases in which people with authority violated basic humane rights of people of color.
However, not everyone in the communities are feeling the same about the law, many have their opinions on why it is a good idea, and other have their opinions on why it is not. Regardless of this, Illinois hopes a change can be made in the unfair and racist justice system. Change needs to occur in order to continue to thrive and fight of the unjustness.
Written by Meredith Garcia
Sources
Pretrial Fairness: Pretrial Fairness Act
Illinois Policy: There Is No Longer Cash Bail In Illinois. What Happens Now?
NBC Chicago: How Will Cashless Bail Work in Illinois? Here’s an Explainer
