Peoria Standard

One year after Illinois abolished cash bail, concerns about public safety have grown. The Pretrial Fairness Act, which went into effect on September 18, 2023, has led to significant debate among citizens and law enforcement. Critics argue that the act has left communities vulnerable and weakened the authority of courts to hold dangerous criminals accountable.

The SAFE-T Act, passed in January 2021 and signed by Governor J.B. Pritzker, aimed to promote fairness. Advocates saw it as a reform measure but critics believe it imposed unfunded mandates on law enforcement and favored criminals over victims. A key component of the SAFE-T Act, the Pretrial Fairness Act, eliminated cash bail in Illinois. Supporters argued this would prevent poor defendants from being jailed simply because they couldn't afford bail. However, opponents say this change has made it harder for judges to detain potentially dangerous individuals awaiting trial.

Under the new system, judges can only detain defendants for certain felony offenses if they pose a direct threat to the community or are likely to flee. This means those charged with serious but non-violent crimes are often released back into the community while awaiting trial. Critics argue this gap allows repeat offenders to remain free, increasing public risk.

Critics have consistently warned that eliminating cash bail prioritizes criminals over victims and ignores community concerns about high crime rates. House Republicans point out that violent crimes like shootings, carjackings, and burglaries continue to rise in Illinois.

The Pretrial Fairness Act also impacts local court systems. Smaller counties struggle with increased demands from the new pretrial detention system, leading to more complex pretrial hearings and placing an additional burden on already stretched judicial resources.

The House Republican Truth in Public Safety Working Group met throughout 2023 and 2024 to propose legislative reforms in response to abolishing cash bail provisions in the SAFE-T Act. Several bills were filed but none received a public hearing by the Democrat-controlled House of Representatives:

- HB 5120: Expands detainable offenses.

- HB 5121: Allows revocation of pretrial release if a defendant is charged with a new offense during their release.

- HB 5126: Reverts back to issuing warrants for failures to appear instead of summons.

- HB 4052: Reinstates cash bail based on recommendations from the Illinois Supreme Court Commission report.

A year after abolishing cash bail, headlines highlight ongoing safety concerns:

"In Chicago, nearly 20 percent of felony arrests are people already on pretrial release for other cases"

"Joliet robbery defendant was on pretrial release under SAFE-T Act"

"Kankakee County: Bradley Man Accused of Peeping Into Homes Faces Charges"

"Kenneally: Data show an increase in crime after the SAFE-T Act’s implementation among those on bond"

These reports suggest that eliminating cash bail may compromise public safety by prioritizing criminal rights over victim protection. To restore trust in its justice system, Illinois may need to revisit and amend the SAFE-T Act to balance fairness with safety.

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