Two months after the Illinois Supreme Court ruled that the “Pretrial Fairness Act,” contained within the larger “SAFE-T Act,” was constitutional, the elimination of cash bail is set to become the law of the land in the state.
The elimination of cash bail will go into effect on Monday, according to officials, and judicial systems in all 102 of the state’s counties are preparing for that system to go into place.
In Cook County, Board President Toni Preckwinkle says that stakeholders at all levels are prepared to implement the “Pretrial Fairness Act” on Monday.
“As a result of nearly two years of thoughtful and collaborative preparation, Cook County is ready to implement the new procedures required by the Pretrial Fairness Act,” she said. “As our court system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success.”
The law faced plenty of scrutiny, with dozens of states’ attorneys filing suit against it. Their appeals were heard by the state’s Supreme Court, who ruled that the law could stand in July.
So how exactly will the process of determining whether a defendant will be detained pretrial work?
Under provisions of the bill, the state will allow judges to determine whether individuals accused of a specific set of felonies and violent misdemeanors pose a risk to another individual, or the community at large.
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Judges will also be asked to determine whether the defendant poses a flight risk if released, according to the text of the bill.
So-called “forcible felonies” include first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical violence.
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Hate crimes, attempts of crimes that are detainable, animal torture and DUI causing great bodily harm were added to the list in a subsequent amendment to the legislation.
In addition, those defendants currently being held prior to trial will receive hearings to determine whether their detention will continue.
Those accused of specific low-level offenses will be required to receive a detention hearing within seven days of a request for one, according to the text of the bill.
Those detained but considered flight risks would get hearings within 60 days of making the request, and those considered to be threats to public safety would get hearings within 90 days to help ease the burden on the judicial system, according to officials.
