Illinois Law Abolishing Cash Bail Goes into Effect After Delay
The Illinois Pre-Trial Fairness Act, part of the SAFE-T Act, which abolishes cash bail, went into effect Monday after the state Supreme Court ruled the law was constitutional earlier this summer.
The law makes Illinois the first state in the country to entirely abolish cash bail. Under the new law, everyone accused of a crime is eligible for pre-trial release with no payment or “bail” required as a prerequisite. As of Monday, September 18, anyone currently being held in jail under a cash bail order will be given a release hearing.
Some accused offenders will still have the possibility of pre-trial detainment if the prosecutor can convince a judge that the individual may try to evade trial or pose a threat to the community. The Hill explained, “Defendants accused of a specific list of felonies and violent misdemeanors can still be detained ahead of trial, but the burden will be on the state to argue the defendant poses a flight risk or a danger to the community.”
Several state and local attorneys, as well as local sheriffs, filed lawsuits against the state alleging the two acts were unconstitutional and that “the pretrial release provisions violate the crime victims’ rights clause.” The Illinois Supreme Court ruled in favor of the state attorney general and governor, leaving the laws intact and able to go into effect.
The SAFE-T Act passed roughly a year ago, established 12 non-detainable offenses which included violent crimes such as second-degree murder, aggravated battery, arson, drug-induced homicide, kidnapping, robbery, burglary, intimidation, aggravated fleeing and eluding, drug offenses, aggravated DUI, and threatening a public official.
Many prosecutors and law enforcement officers believe the abolition of a monetary cash bail will incentivize criminals to continue breaking laws.
“If I arrest somebody for retail theft in the morning, are they going to come back in the afternoon otherwise?” Illinois Sheriff’s Association Executive Director Jim Kaitschuk asked. “They may have been held for that time period. So, what is going to be [the] impact on the community?”
Will County District Attorney Jim Glasgow said the law will “destroy the state of Illinois.” Glasgow released a statement following the state Supreme Court’s ruling allowing the Pre-Trial Fairness Act to go into effect, stating, “Out of 102 State’s Attorneys throughout Illinois, 100 opposed the Act as written.”
“I was honored the lead the legal challenge brought by 64 of these State’s Attorneys. Our mission was never to stop principled bail reform, but to sense our criminal justice system continues to protect the safety of the law-abiding citizens of Illinois from ruthless, violent criminals,” his statement continued.
“Unfortunately, the citizens of Illinois who are the sovereign authority were not consulted in this significant matter,” he added, referencing the state attorneys’ requests that bail reform be placed on a ballot for public approval. “I pray to God that prosecutors and law enforcement will continue to be able to properly address violent crime and maintain the safety of our communities given the serious limitations placed on all our agencies by the Act.”
