No More Cash Bail in Illinois, Here’s What You Need to Know

While legislation restricting the use of cash bail for pretrial detentions has been approved by other jurisdictions, such as New Jersey and New York, the state of Illinois will go much further by abolishing cash bail entirely in January.

Instead, the state will let judges decide whether to retain people in pretrial custody or release them on their own recognizance based on whether they pose a risk to other people or the general public after being charged with a variety of offenses.

Here’s what you need to know.

On January 1, 2023, the Pretrial Fairness Act, a component of the comprehensive “Safe-T Act” approved by the Illinois General Assembly in 2021, will take effect.

While some periodicals and social media posts, cited by Snopes, have stated that serious crimes, such as second-degree murder and other violent acts, will become “non-detainable felonies,” the state asserts that judges will still be able to impose pretrial custody in particular situations. According to the bill only when it is judged that the defendant poses a specific, actual, and immediate threat to a person — or has a significant chance of purposeful flight — shall detention be ordered.

To ascertain if a defendant poses a such risk, a hearing will be necessary, and if the court determines that they do, the judge will be required by the statute to provide their written justification.

The charge’s type and circumstances, the strength of the evidence against the defendant, the defendant’s background and traits, and the risks associated with the release will all be considered.

In accordance with the legislation, the burden of proof rests with the state, which must demonstrate both that the prisoner committed an offense that justifies a pretrial condition and that their release would represent a “real and present threat” to the safety of others.

The following crimes can result in pre-trial detention: First-degree murder, second-degree murder, predatory criminal sexual assault, robbery, residential burglary, aggravated property destruction, abduction, aggravated assault resulting in significant bodily injury or permanent disability or disfigurement, and any other felony involving the use or threat of physical force or violence against any individual are all considered to be “forced felonies.”

If the defendant is facing stalking or extreme stalking charges and their release would endanger the neighborhood or a specific person. If the defendant faces domestic assault or aggravated domestic battery charges and their release will endanger the neighborhood or a specific person. If the defendant is charged with a sexual offense and their release will endanger the community or a specific person, they should be detained. If the defendant is charged with a forcible felony and there is a strong possibility that they would “willfully flee to avoid punishment.”

If the state wants to convince a judge that a defendant needs to be placed in pretrial custody, they must hold a hearing very away to present their case.

The petition can be given a brief continuance from the date it was filed for up to 48 hours, but a decision must be made almost away.

Even if a defendant is determined to be eligible for pretrial confinement, the measure mandates that periodic hearings be held to check on whether the situation has not changed.

The primary concern was the defendants’ possible release on January 1, according to Gov. J.B. Pritzker’s office noted that the bill does not mandate immediate release for people charged with certain felonies and misdemeanors. Defendants may be released from custody if the court determines that they do not actively threaten the public or another person.

Cash bail usage fell in New York in 2019.

The New York City Comptroller reports that 96% of the 48,000 people who were waiting at home for the outcome of criminal proceedings in March 2021 were not rearrested, and only 1% of them were rearrested for a violent felony violation.

Despite this, the Connecticut Mirror reported that nearly two-thirds of New Yorkers believed bail reform resulted in a rise in crime.

Written By Dylan Santoyo

Edited by Sheena Robertson

Sources

NBC CHICAGO: No More Cash Bail in Illinois? Here’s What We Know About the Changes Coming Soon

FOX NEWS: Illinois mayor drops hammer on new state law eliminating cash bail: ‘massive threat’

KREM2: Yes, an Illinois law eliminates cash bail, but some people will still be detained before trial

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