Supporters of no cash bail in Will County lead by Illinois Network for Pretrial Justice, Joliet officials, and organizers were among many in the state who marked the beginning of The Pretrial Fairness Act in Illinois. Illinois became the first state in the nation to end cash bail and on Monday September 18, 2023, the group held a press conference in front of the Will County Courthouse to recognize the start of the new law.
In July, the Illinois Supreme Court issued the strongest possible decision finding the Pretrial Fairness Act constitutional and directed courts across the state to implement the law and end the use of money bond.
This ruling overturned a decision by a Kankakee County judge that sided with state’s attorneys who challenged the law’s implementation, including Will County State’s Attorney Jim Glasgow. The Pretrial Fairness Act was signed into law in February 2021 prompting many in the law enforcement community to issue a warning that the ruling could further cause lawlessness in Illinois and put dangerous criminals back on the street.
The Illinois Network for Pretrial Justice, whose member organizations have been working to end money bond since 2016, said it is about time criminal defendants will no longer have to pay a specific amount of money to be released from jail as they await trial. The network is comprised of more than 45 community, legal, policy and service organizations across the state.
“Together, we are working to reduce pretrial incarceration in Illinois and, more broadly, to end mass incarceration and address the root causes of socioeconomic and racial inequity in our legal system,” said Matt McLoughlin of the network. “The Pretrial Fairness Act has been endorsed by more than 225 organizations.”
Illinois is the first state to fully abolish cash bail and as of Monday with the new law in effect defendants held on cash bail can now request a hearing to determine if they can be released.
The change means decisions to detain those arrested will no longer involve putting up money in exchange for release. Instead, it will focus on the seriousness of the charges and on whether the person is considered a danger to the public or at risk of fleeing prosecution.
Will County Commissioner Destinee Ortiz (District 9) applauded the new law as she spoke to a small crowd at the Will County Courthouse on Monday.
“This was decades in the making,” she said. “It is an enormous victory to achieve economic and racial justice.”
Ortiz said cash bail caused irrevocable harm to marginalized communities who cannot afford the bail money.
“If the penalty for a crime is a fee, this only extends to lower-income people,” she said, explaining those who have money can afford bail.
Rachael Ventura, D-Joliet. 43 District, who also spoke during the press conference said, “Being poor is not a crime and should never be the sole reason a person remains incarcerated as they await their trial.”
“Today is a positive step forward, yet there are many more fights that must happen to close the wealth gap – and that starts with investing in root causes of crime.”
Under the old pretrial system, the amount of money someone had determined whether they were released — not whether they pose a threat to someone else or are likely to flee prosecution. On Sept. 18, Illinois’ outdated system — which allowed anyone in jail who could afford to make bail to be released pending trial — came to an end.
“For two years, Illinois has been preparing to implement the Pretrial Fairness Act.” Judges, prosecutors, law enforcement and public defenders from across the state all played a role in creating the framework for the end of money bond and worked together to guide implementation. There should be no excuses when it comes to properly implementing this law,” said Ventura.
Briana Payton, an advocate for radical transition in the criminal legal system and part of the Illinois Network for Pretrial Justice, said “We know that our most marginalized community members have been impacted more than anyone by the unfair money bond system. We celebrate with them on this historic day while knowing there is much more work to be done.” I would like to see a successful implementation of no cash bail.” She also urged judges to not impose ankle monitors on those awaiting trial as this hinders their ability to hold down jobs, get an education and provide parental care to their children.
“This is a day that will go down in the history books,” she said. “We are so excited for this new chapter in the United States.”
Another supporter at the Monday event was Pastor Elle Dowd, Evangelical Lutheran Church in America, and author of the book “Baptized in Tear Gas,”