Springfield, IL (WAND) – Thursday marked the second anniversary of the Pretrial Fairness Act, which abolished cash bail in Illinois. Advocates said rates of pretrial jailing and crime have decreased across the state, but Republicans said criminals are skipping court dates and traumatizing victims.
Democrats told WAND News that Illinois has seen a significant drop in violent and property crimes, while the two-year re-arrest rate for people released pretrial has improved.
“That decline is coming because we are making the investments necessary to help us reimagine what public safety looks like,” said Sen. Elgie Sims (D-Chicago). “You’re seeing that happen across the state. You are seeing individuals accused of violent crime be held.”
Sims said detentions for domestic violence are up considerably compared to the previous system, where abusers paid bail and left jail without conditions.
However, Illinois House Republicans said defendants set free on pretrial release continue to commit crimes while awaiting trial.
Rep. Dennis Tipsword (R-Metamora) said prosecutors have been limited in the evidence they can show, and judges are forced to let offenders free. He is furious that someone charged with 21 counts of child pornography in Woodford County was not detained.
“He was prohibited from being in contact with anyone under 18 and not allowed to use the internet,” Tipsword said. “Who or what is going to enforce these ridiculous conditions?”
GOP leaders said there are elements of this law that swing the pendulum of the justice system in favor of defendants. They also note that there is a presumption of release that has to be overcome by the prosecution with clear and convincing evidence.
Rep. Patrick Windhorst (R-Metropolis) told WAND News he is open to having conversations about improving the law, but he stressed Democrats would need to agree to significant reforms to get bipartisan support.
“The governor has basically had arguments with the president over cash bail and pretrial issues that I think will make the other side resistant to making changes in our law because they don’t want to acknowledge that perhaps the president was right,” Windhorst said.
Sims argued that it would only feed the narrative that people should be scared, and the cashless bail system has not worked.
“You have individuals who are nonviolent offenders languishing in county jails across this country,” Sims said. “That’s why we undertook the effort to move away from the use of cash as a determining factor.”
The Illinois Network for Pretrial Justice said the law has ensured millions of dollars that would have been collected in bond payments now remain in the state’s most marginalized communities. They argue that claims made by Republicans and other opponents of the law are nothing more than fearmongering rooted in racism.
“Two years after implementation, we continue to see judges receiving more information and taking more time to make decisions about who will be detained and who will return to the community while awaiting trial,” the advocacy group stated. “Today, these hearings last between 10 and 30 minutes, up from just two to three minutes before the law’s implementation. Everyone, regardless of the size of their bank account, can now enjoy the presumption of innocence required by law.”
