Fact or Fiction: debunking viral posts about the Pretrial Fairness Act

ILLINOIS (WAND)- Starting January 1st, Illinois will do away with bail for any suspect arrested in the state. Instead, a judge will decide whether to hold someone in jail, or whether they would walk free until trial. WAND is fact checking posts going viral on social media about the new policy.

"We are interrupting the process that we currently have in our state where depending on someone's wealth, they can literally pay their way out of jail, no matter how dangerous they are to themselves, victims or the community at large," Chloe Pedersen, Co-chair of the Steering Committee on Equity and Justice for the Illinois Legislature, told WAND News.

But not everyone agrees.

"The Safe-T Act is an unsafe act and we must do something to change it," David Shepard, Republican candidate for Illinois' 36th District said in a press conference Thursday.

Politicians have been reposting a WFCN picture on social media, and sharing concerns about changes coming with the Pretrial Fairness Act.

"Right now in the Safe-T Act, there is a portion that states that people charged with 2nd degree murder can be released. I don't understand how the parties got together and decided that this was a good idea," Shepard added.

But that's not really what is outlined in the law.

"That doesn't mean that there's any type of non-detainable defense or that people will be able to absolutely walk out of the jail after they're arrested," Pedersen explained.

Starting January 1st, a judge must hold a hearing for anyone arrested for a serious felony, like murder, aggravated battery, robbery or burglary. A judge would determine if someone is a danger to the public, or can be released until their trial.

"An absolute requirement that the judge perform this hearing to assess someone's safety," Pedersen added.

But that doesn't mean suspects charged with any other crime get a free pass.

"It does require the state's attorney to make a petition and prove the case before the judge, who will then exercise judicial discretion," Pedersen said.

This means any suspect could be held, even on a misdemeanor charge, if a judge believes they could be a danger.

The Pretrial Fairness Act is not retroactive, meaning suspects currently being held will not automatically be released January 1st. A suspect can petition to be released next year under the new law.