Illinois governor J.B. Pritzker signed a bill that would eliminate the use of cash bail for inmates who are waiting for their trial date. This legislation makes Illinois the first state in the nation to abolish the practice.

The legislation, titled the Pretrial Fairness Act, is one of several criminal justice reform laws in the state's House Bill 3653. The bill came to be after a group of black Illinois lawmakers sought reform to the criminal justice system in the wake of justice reform protests that swept the nation in 2020. Gov. Pritzker backed the bill, stating that the “legislation marks a substantial step toward dismantling the systemic racism that plagues our communities, our state and our nation, and brings us closer to true safety, true fairness and true justice."

What is Cash Bail Payment?

Dismantling the cash bail payment has been a focus for many criminal reform advocacy groups. The cash bail payment allows individuals who have been arrested and are waiting for their trial date to pay a cash fee to be released from detention in the interim. If the individual shows up to scheduled court hearings, the cash payment is returned. However, if the individual does not, they forfeit their payment. Criminal reform advocacy groups argue that the cash bail payment disproportionally targets minorities who may not have the means to pay the bail. Often, these individuals are left with the choice of using a private bail bond company for a fee that can be anywhere from 10% - 15% of the court-determined bail, or they can choose to remain locked up until their trial.

In a study done by the Brennan Center for Justice, there are consistent negative effects on individuals who have no choice but to endure pretrial detention. Those who are not released on bail are four times more likely to face prison time, and defendants are more likely to take plea deals in order to secure lesser charges. The Brennan Center for Justice also highlights the negative psychological ramifications individuals are left with if they remain in pretrial detention.

Bill Receives Mixed Response

Proponents of the bill, including Democratic representative Justin Slaughter, explain that removing the cash bail payment is important for due process. Slaughter explains, “What we do know is that it is inhumane to subject anyone to pretrial detention before their hearing. In this country, you are innocent before proven guilty.”

The bill has met its fair share of criticism. Ed Wojcicki of the Illinois Association of Chiefs of Police has pushed back against the legislation, calling it “anti-police.” Wojcicki explains in a statement, "The bill unfairly targets officers and attempts to punish them, not just make them accountable.”

The Illinois Law Enforcement Coalition expresses the concern that the bill will put police officers and the public at risk. The bill included other elements of controversy, including repealing qualified immunity and bargaining agreements for officers; however, these elements did not make it to the final version of the bill.

The Republican opposition express that the bill was unnecessarily rushed through. Republican Senator Steve McClure explained of the bill, “This sort of thing should not be done in the waning hours of lame-duck session.” Sen. Steve McClure added, "We should have had committee hearings, we should have allowed people to testify, we should’ve done this right.”

In addition to posing a risk to the public, Republicans argue that there will be additional ramifications of the bill such as burdening departments to buy body cameras for officers without having allocated proper funding.

Illinois may be setting the stage for similar bills to pop up around the nation. Philadelphia has initiatives in place that have gotten rid of cash bail for offenders of low-level crimes. Over 1,700 individuals in the city have been released from detention because of the initiative. New York has a similar law in place that removes cash bail for individuals who have certain misdemeanors.

While much of the legislation in the Illinois House Bill is set to take effect immediately, the abolishment of the cash bail payment will not go into effect until 2023.