Pretrial Fairness Act: Illinois Democrats, Republicans mark one year without cash bail

SPRINGFIELD, Ill. (WAND) — Wednesday marked the one year anniversary of Illinois abolishing cash bail. Proponents and critics of the law are speaking out about the impacts of the Pretrial Fairness Act.

"I was told a year ago we were going to have the purge and it was going to be the end of days," said Sen. Robert Peters (D-Chicago). "What's so interesting is these merchants of misinformation, whether it's Springfield, Ohio or Springfield, Illinois, they keep telling lies over and over again and fail to do their job."

In fact, sheriffs and attorneys across the state filed lawsuits to block the Pretrial Fairness Act from taking effect. Although the Illinois Supreme Court ruled that the law did not violate the state constitution, setting the effective date as September 18, 2023.

GOP lawmakers still believe changes need to be made. Sen. Steve McClure (R-Springfield), a former prosecutor, told WAND News that he has heard many concerns from colleagues still working in courtrooms.

"I know for a fact that there are cases in Sangamon County and in other counties where the prosecutor had to drop the case because of deadlines that they could not meet in the SAFE-T Act," McClure said. "It does not take into account the real world."

Cash bail — The Illinois Supreme Court ruled that the law did not violate the state constitution, setting the effective date as September 18, 2023.

Sponsors and advocates said courts and judges are able to make better and more informed decisions about pretrial detention. Democrats told reporters in Chicago Wednesday that Illinois crime rates have dropped 12% since the law took effect.

"On average annually, Illinoisans were spending $140 million on money bonds," said Rep. Justin Slaughter (D-Chicago). "These millions of dollars will now remain with family members across the state to contribute to the overall wellbeing and economic security of entire communities."

However, Republicans argue crime has gone up 40% since the original SAFE-T Act passed. The Illinois Sheriffs Association has shared concerns for officers who frequently confront the same people who they arrest multiple times for non-detainable offenses.

"I think a lot of crimes are not even going to be reported in any places because police are tired of trying to go to the same places to pick up the same people," McClure said. "When a person gets away with something or gets caught with something and gets released, guess what, they get a new lesson as to how to not get caught."

Gov. JB Pritzker tweeted that data shows failure to appear rates, statewide violent and property crime rates and jail populations have all decreased. The Democrat said Illinois is leading the way to a fairer criminal justice system.

Yet, McClure argued lawmakers should add more crimes to the pretrial detention net. He believes people should be sent to jail and denied pretrial release if they are charged with burglary, drunk driving or possession of child pornography.

"It's sick, despicable, disgusting stuff," McClure said. "The fact that people are viewing that and are keeping these things on their computer and then going back out into the community is a really scary thing. If they're capable of enjoying that sort of thing, what else are they capable of doing?"

Chicago Alliance Against Sexual Exploitation policy and communications director Madeleine Behr told WAND News that any sex offense is eligible for pretrial detention, with a few exceptions like adultery.

"Child pornography is offense 720 ILCS 5/11-20.1, so it is included in the detention net because it's one of the many sex offenses in the broad list of Article 11 offenses that is not listed as an exception," Behr said.

The Cook County Public Defender's office also noted that residential burglary is always a detainable offense under both safety and willful flight under the Pretrial Fairness Act. Senior policy advisor Sharlyn Grace explained nonresidential burglary is also detainable under willful flight and could be detainable under safety whenever there is use of force used against another person.

Grace told WAND News the most common DUI arrests are misdemeanors and the criminal code before the Pretrial Fairness Act classified DUIs as less serious offenses until there were repeated offenses elevated to a felony.

"The Pretrial Fairness Act actually created created detention eligibility for many of those elevated DUIs on the basis of both safety and willful flight or for any second offense while on pretrial release," Grace explained. "The power to detain did not exist before."

While some Republicans in the House and Senate frequently give speeches on the chamber floor about repealing the SAFE-T Act, McClure knows that is unrealistic and will never happen under Democratic control. He believes Democrats need to bring Republicans to the table to make necessary reforms to the current law.

"It's time for us to get together and fix the obvious glaring problems that still exist with this legislation," McClure said. "I'm willing to do that."