Bail Reform in Illinois: Ross, claiming Indigenous and a person of color, faced gun charges in Chicago in Oct 2019. He was found not guilty, but jail time cost him his home, job, and time with his kids.
Illinois is changing the system that turned Ross’s life upside down. It will occur when the Pretrial Fairness Act takes effect on September 18, eliminating cash bail as a pretrial requirement. This move could stop cash bail from disproportionately affecting black and brown people compared to white people.
Critics argue that cash bail unfairly detains people of color before their trials. From 1970 to 2015, more people were incarcerated pretrial. It was due to bail issues. Some states, like NJ, use risk ratings, while CA has resisted switching.
Some dislike Illinois’ rule, especially law enforcement workers. The changes aim to increase system fairness. In cases of violence, sexual offenses, or gun charges, detentions will occur based on evidence and risk factors.
The stories of Nikuya Brooks and Ross highlight the harm of pretrial detention. They believe the new law will improve fairness in Illinois’ criminal justice system.
Despite challenges, Illinois is leading bail reform nationwide.
ALSO READ: County judges discuss justice system: Bail, Probation, and Police Shootings
Our Reader’s Queries
What is the new law in Illinois about bail?
In July 2023, the Illinois Supreme Court approved the legislation that put an end to cash bail, deeming it constitutional. As of September 18, 2023, Illinois courts have replaced the cash bail system with a “pretrial release” system, in accordance with the SAFE-T Act. Find out more about this new approach and its implications.
What states are eliminating cash bail?
Several states, like New Mexico, New Jersey, and Kentucky, have significantly limited their cash bail systems by essentially getting rid of cash bail, broadening release programs, and transitioning to risk-based assessments for pretrial release.
What is the Pretrial Fairness Act 2023?
The Illinois Pretrial Fairness Act seeks to tackle these inequalities and advance a fairer pretrial system. It sets up a presumption of letting non-violent offenders go and offers options other than cash bail for those who are held in custody.
What are the new trespassing laws in Illinois 2023?
The new amendment allows an officer to make an arrest for trespassing if: the individual is a threat to the community or anyone else; criminal activity continues after a citation is issued; or if the accused has an apparent medical or mental health problem that endangers their safety.