Illinois abolishes cash bail, a historic first.
OAN’s Elizabeth Volberding
4:50 PM – Tuesday, September 19, 2023
Illinois Becomes First State to Abolish Cash Bail
Illinois has made history by becoming the first state in the United States to completely eliminate cash bail. The groundbreaking SAFE-T Act went into effect on Monday, September 18th.
The state of Illinois has made the bold decision to end cash bail as a requirement for Pretrial Release.
This landmark ruling comes after the Supreme Court of Illinois deemed it constitutional to enact a new law known as the “Illinois Pretrial Fairness Act.” This act ensures the elimination of cash bail.
Pretrial Release refers to the release of individuals accused of a crime, who have been booked into custody, before their trial, with charges pending, either with or without conditions.
As a result, Illinois becomes the first state in the nation to completely eradicate monetary cash bail.
However, defendants charged with specific felonies and violent misdemeanors will still be detained before their trial. The state will determine whether the defendant poses a flight risk or a danger to the community.
“Today, Illinois is no longer criminalizing poverty, and the entire nation has their eyes on us,” declared Illinois House Speaker Emanuel Chris Welch during a press conference on Monday.
From now on, detention decisions will not involve the exchange of money for release. Instead, they will be based on the nature of the allegations, the potential threat to the public, and the risk of fleeing prosecution.
The Pretrial Fairness Act is part of the SAFE-T Act, a comprehensive criminal justice reform law aimed at eliminating the use of cash bail throughout the state.
Cash bail has long been criticized as a system that penalizes poverty, granting preferential treatment to those who can afford to buy their freedom.
“This landmark ruling refutes false narratives about cash bail. The truth is that abolishing cash bail improves public safety by allowing people to return to their communities and families who would otherwise be in jail only because they can’t pay for their freedom,” stated the ACLU in a July statement. “When people can go home, take care of their families, and keep up with school or work, that stability makes all our communities safer and stronger.”
However, opponents of the decision to abolish cash bail fear that it will hinder law enforcement’s ability to keep communities safe by detaining suspected criminals.
“The money bond system wrongly tied access to financial resources to pretrial freedom. The result has been countless individuals – mostly from Black and Brown communities – spending days, weeks, months, years in jail just for being poor,” explained Cook County Board President Toni Preckwinkle.
Furthermore, Preckwinkle assured NBC News that the community is prepared to implement the new law.
“As a result of nearly two years of thoughtful and collaborative preparation, Cook County is ready to implement the new procedures required by the Pretrial Fairness Act,” Preckwinkle stated. “As our court system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success.”
Emanuel Chris Welch, speaker of the Illinois House of Representatives, expressed his support for the bill during a press conference and addressed critics of the act.
“Anyone who suggests that criminals will automatically be released from jail or spreads false information about the ‘purge’ law—ladies and gentlemen, they’re being disingenuous,” Welch stated.
On Monday, September 18th, defendants currently held under a cash bail order received a release hearing.
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How do advocates of cash bail reform argue that it improves public safety?
Bail system in the state of Illinois were released as the new law went into effect. This marks a significant milestone in the criminal justice system, as Illinois becomes the first state to completely abolish cash bail.
The decision to eliminate cash bail comes after the The Supreme Court of Illinois deemed it constitutional to enact a new law known as the “Illinois Pretrial Fairness Act.” This act ensures that cash bail is no longer a requirement for pretrial release. Instead, release decisions will be based on factors such as the nature of the allegations, the potential threat to the public, and the risk of fleeing prosecution.
By eliminating cash bail, Illinois aims to address the longstanding criticism that the bail system penalizes poverty, favoring those who can afford to buy their freedom. Cash bail reform advocates argue that detaining individuals simply because they cannot pay for their release does not enhance public safety. Instead, it disrupts families and communities and perpetuates an unjust cycle.
“This landmark ruling refutes false narratives about cash bail. The truth is that abolishing cash bail improves public safety by allowing people to return to their communities and families who would otherwise be in jail only because they can’t pay for their freedom,” stated the ACLU.
However, opponents of the decision fear that abolishing cash bail will hinder law enforcement’s ability to keep communities safe, as suspected criminals may be released and potentially pose a threat. It is important to note that defendants charged with specific felonies and violent misdemeanors will still be detained before their trial if they are deemed a flight risk or a danger to the community.
Implementation of the new law is expected to be smooth, as Cook County has spent nearly two years preparing and collaborating to ensure success. County Board President Toni Preckwinkle expressed confidence in the community’s ability to adapt to the new procedures.
“As a result of nearly two years of thoughtful and collaborative preparation, Cook County is ready to implement the new procedures required by the Pretrial Fairness Act. As our court system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success,” stated Preckwinkle.
Emanuel Chris Welch, speaker of the Illinois House of
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