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Starting next week, the majority of those charged with crimes in Illinois will be released from custody prior to trial without needing to post bail.
Illinois will become the first state in the nation to eliminate cash bail on Monday, following debate among legislators and legal challenges that concluded with a ruling from the Illinois Supreme Court. The court in mid-July upheld the pretrial fairness portion of the state's controversial SAFE-T Act in a 5-2 ruling, allowing the end of cash bail to proceed.
"The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public," the court concluded at the time. "Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance. For the reasons that we have stated, we reverse the circuit court’s decision to grant summary judgment in favor of plaintiffs."
The elimination of cash bail was initially set to take effect Jan. 1, but was placed on hold as the Supreme Court heard an appeal filed by Attorney General Kwame Raoul's office following an earlier ruling from a Kankakee County judge, who deemed the pre-trial release provisions in the SAFE-T Act unconstitutional.
Under the original provisions of the bill, as passed by the General Assembly, the state would allow judges to determine whether individuals accused of a specific set of felonies and violent misdemeanors pose a risk to another individual, or to the community at large. Judges will also be asked to determine whether the defendant poses a flight risk if released.
If the judge makes any of those determinations, then the defendant may be held in jail prior to trial.
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According to Lake County State’s Attorney Eric Rinehart, his office will "file petitions to detain offenders who are arrested after Sept. 18, 2023," when the law goes into effect.
"Judges will decide whether someone is detained or not detained awaiting trial. If a judge rules for detention, those individuals arrested after the effective date will no longer be able to access cash to gain release," Rinehart previously stated.
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According to the Cook County Public Defender's office, "as they do already in Cook County, people accused of many misdemeanors will be released from police custody and given a court date in the future."
Those accused of "more significant offenses," however, will appear in court within 48 hours for their initial appearance.
Detention hearings would not be not mandatory for crimes that include probation as a possible punishment, but judges can still make the determination to keep those defendants incarcerated pending trial if they determine they are a risk to the public.
The list of so-called “forcible felonies” that could invite judicial discretion on pretrial detention originally included first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical force or violence against an individual.
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.
Supporters of the law, which was pushed forth by Illinois Democrats, said the elimination of cash bail was a step toward fairness in an unbalanced system, while opponents contended the law will neglect crime victims.
