September 16th 2023.
Beginning Monday, September 17th, Illinois is making history as the first state to eliminate cash bail. This landmark decision was met with both support and opposition from those close to the issue. The Pretrial Fairness Act, which is an extension of the Illinois SAFE-T Act, is the law that will put an end to the long-standing practice of requiring those charged in criminal cases to pay a cash amount to be released from jail while waiting for their trial.
The changes were delayed for some time due to legal challenges and pushback from prosecutors and law enforcement. Despite these setbacks, the Pretrial Fairness Act is now officially in effect, and those charged with criminal cases no longer have to pay cash in order to be released. However, there are still restrictions. Judges are responsible for deciding if the accused is a ‘willful flight risk or a threat to public safety’ before they are allowed to leave jail. This is the same for serious and violent felonies, such as first and second-degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault and criminal sexual assault, violent robberies and burglaries, residential burglary, home invasion and vehicular invasion.
Human rights and prison reform activists have long argued against the current system where individuals must post a designated bail amount. These activists believe that this can unfairly punish those in a negative financial situation. The 2022 federal civil rights report revealed that a majority of defendants out of the 631,000 people jailed daily in the US were detained before their trial because they couldn’t afford to post their bail amount.
The Cook County Public Defender explained that this system has close ties to slavery, “We’re putting dollar amounts on people’s freedom. We are very excited that we are moving to a new process that doesn’t ask people to buy their freedom.”
The Pretrial Fairness Act is a monumental step towards a new and fairer system. Already in jail, those who cannot pay their cash bail can request another hearing to discuss being released after examination of their accused offense. This is a huge victory for those who have been fighting against the injustice of wealth-based incarceration. Brana Payton, Senior Policy Analyst from the Chicago Appleseed Center for Fair Courts, says, “Black, Brown and poor communities are bearing the brunt of this injustice that is wealth-based incarceration.”
The elimination of cash bail is an important milestone in the fight for equal justice. The Pretrial Fairness Act officially takes effect this Monday, and with it comes a renewed sense of hope for a fairer criminal justice system.
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