Washington, D.C. — A new analysis from the Center for American Progress examines a pair of innovative bills that have put Illinois at the forefront of pretrial justice by removing money from the pretrial process and improving access to community-based services that increase pretrial safety and fairness.
The first of the bills, the Pretrial Fairness Act, went into effect a year ago this week. It eliminates the use of cash bail in favor of individualized assessments of people’s unique circumstances to determine the conditions needed to promote pretrial success. Importantly, the Pretrial Fairness Act also restricts the use of pretrial detention to specific cases where there is a concern for safety that could not be mitigated by any other condition. Early studies of the bill are promising. The jail population has decreased 14 percent in urban counties and 25 percent in rural counties. Judges are also spending more time considering individual public safety factors: One study revealed that the time of detention hearings increased after implementation to a median length of 10–30 minutes, compared with 4–6 minutes before.
The Pretrial Success Act, which will go into effect in 2025, seeks to support people who are awaiting trial, rather than invest in onerous pretrial surveillance measures such as electronic monitoring and drug testing. The bill invests $3.5 million in community-based services, including mental health and substance use support, child care during and transportation to court appearances, and connection to other social supports.
“Illinois has created a model for the nation by developing a pretrial system that prioritizes fairness and public safety, without the use of cash bail,” said Allie Preston, senior policy analyst for Criminal Justice Reform at CAP and co-author of the fact sheet. “The Pretrial Fairness Act was an important first step in building this model, and next year, Illinois will move another step closer to true pretrial justice through the Pretrial Success Act.”
Read the fact sheet: “Illinois Continues To Lead Nation With Pretrial Policies That Center Safety and Justice” by Allie Preston and Anuja Gore
For more information or to speak with an expert, contact Julia Cusick at [email protected].