Day 1 of no cash bail in Macon County

DECATUR, Ill. (WAND) — Many suspects across central Illinois are now home with their families, instead of behind bars awaiting trial, due to the Pretrial Fairness Act. The law went into effect September 18, limiting who can be held in jail before their case is heard.

WAND News was in the Macon County Courthouse as the first pretrial detention hearings were held. Twelve suspects appeared, with nine released and three held.

"We tried to be very selective about which ones we wanted to proceed on, and make sure that we got it right," Macon County State's Attorney Scott Reuter told WAND News.

Reuter asked a judge to put conditions in place for those who were allowed out of jail until their trial. These included rules like drug testing, no contact orders and limitations on owning firearms.

"I really appreciated we were able to get some released with conditions. It made sense because these are individuals who likely would have been able to post their bond anyway," Macon County Public Defender Michelle Sanders explained.

While the changes are historic, both the state's attorney and public defender said the basic idea is the same.

"The serious cases where people need to be in jail — the judges I think will keep them," Reuter said.

Judge Lindsey Shelton determined the three suspects were a threat to the public, and should be held in jail until their trial.

Reuter said he expects that many of the 300 inmates in the Macon County Jail will ask for their case to be reviewed under the new law.

"When they catch wind of what they can do, the public defender's office or their attorney will file a petition. Under the law they're able to file a petition to have the new law apply to them," Reuter added.

Sanders said for those already assigned bond under the old system, there are options.

"Those individuals in jail are going to have to make a judgment call on their own case. Is this something where they think they're going to be able to pay that cash bond and get out, or are they going to avail themselves of the new law," Sanders told WAND News.

Some inmates will be automatically let out of jail, once they appear in court. This is because under the new law, their charge is not considered serious enough to be held.

"If they're held on a non-detainable offense, we'll get them into court within the next week and get them out," Sanders said.

Those denied release, under the new system, can appeal. Anyone who violates the terms of their release, or commits a serious crime before their trial, can be put back in jail.