Illinois became the first state to eliminate cash bail as a condition of pretrial release over six months ago. This move has led to a reduction in the jailed population in counties across the state. The Pretrial Fairness Act has been successful in reducing the number of people in Cook County jails, despite some challenges such as an increase in appeals of judicial decisions.
Under the new system, prosecutors request for defendants to be held in jail in cases where they are deemed a flight risk or danger to the public. Others are released with conditions, such as electronic monitoring, after an initial appearance. Judges have granted 64% of detention petitions brought before them by prosecutors since the implementation of this criminal justice reform.
Critics have expressed concerns about public safety following the abolition of cash bail. Data shows that warrants for failure to appear in court were issued in about 10% of cases where defendants were released, with percentages also reported for those charged with nonviolent and violent offenses. However, more data is needed to compare these numbers with rates of recidivism and failure to appear before the bail reform.
The elimination of bail was part of a broader criminal justice reform called the SAFE-T Act, which was passed in 2021 as part of the Illinois Legislative Black Caucus’ “four pillars” agenda. This agenda aimed to improve the lives of marginalized communities in response to the police killings of George Floyd and others.
