SPRINGFIELD, Ill. (WAND) — In July of 2023, The Illinois Supreme Court determined the pretrial release provisions of the SAFE-T Act were constitutional. As of September 18, 2023, Illinois became the first state in the country to entirely eliminate cash bail.
After six months of its implementation, proponents and critics of the act are speaking out about its impact.
Faith Coalition for the Common Good is a group of organizations focused on racial equity and civic engagement. They worked with the Illinois Network for Pretrial Justice to pass the act and have since hosted several events to educate the community on the new legislation.
Faith Coalition has also trained court watchers to attend pretrial hearings and make sure the act is implemented. One of these court watchers is Quonie Barney, who says the cases have seemed fair.
"In court I watched a young lady get called in for retail theft and they asked her questions about if she was working and other things and she got released," said Barney. "I saw a situation where they detained an individual and they had violence in their case and a background of it to and they were detained."
Benjamin Ruddell, director of criminal justice policy for ACLU Illinois, says previously people would sit in jail for nonviolent charges because they didn't have enough money for bond. By allowing these individuals to stay out of jail until their trial, they are able to keep their job, stay connected to family members, and find representation if needed.
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Ruddell also says the new rules also keep people in jail that should stay there, even if they have enough money to afford bond, adding an extra level of protection for community members.
"Under the old money bond system, typically, people who were accused of domestic battery were issued a cash bond that was relatively low, and oftentimes they were able to pay that and secure their release," said Ruddell. "Under the pretrial Fairness Act, domestic battery is a charge that's eligible for detention, and there is no opportunity for the accused person to secure their release by paying a money bond."
While Decatur Police Chief Shane Brandel agrees charges like domestic battery should be detainable, he also thinks more crimes and more conditions should be added to that list.
"Especially when it comes to repeated criminal violations from the same person, whether it be criminal damage, burglaries, or thefts, I think that's where the community sees the biggest impact on them," said Brandel. "We want that ability to remove that person from the street ... to address the issue, maybe there's a mental health issue there."
Jim Kaitschuk, the Executive Director of the Illinois Sheriffs Association, says he's seen firsthand how being detained can help connect people with resources they wouldn't have pursued independently. He is frustrated by the lack of consistency in what's detainable, and the trends he is seeing statewide.
"The number of arrests, with just one new arrest, recidivism rates during that time were up 19%, two arrests was up 25%, and three plus arrests were up over 58%," said Kaitschuk, speaking about one county's data from the first quarter of 2023, compared to 2024.
The director also shared his concern for officers who have repeated confrontations with the same individuals, who they must arrest multiple times for repeated, non-detainable crimes. Those who pose a public safety risk or are a flight risk can be detained. This includes crimes like domestic battery, residential burglary, and murder.
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