Sangamon Sun

One year after Illinois became the first state to abolish cash bail, concerns about public safety and the efficacy of the system have emerged. The Pretrial Fairness Act, which took effect on September 18, 2023, has sparked significant debate among citizens and law enforcement officials. Critics argue that it has left communities vulnerable and undermined judicial authority in holding dangerous criminals accountable.

The SAFE-T Act, passed in January 2021 and signed by Governor J.B. Pritzker, was initially promoted as a step toward fairness. However, its implementation has raised questions. One portion of the act, the Pretrial Fairness Act, eliminated cash bail in Illinois. Advocates believed this would prevent poor defendants from remaining in jail solely because they could not afford bail. Nonetheless, this change has had unintended consequences for public safety.

Under the new system, judges can only detain defendants for certain felony offenses if they pose a direct threat to the community or are likely to flee. This policy does not address those charged with serious but non-violent crimes who are often released back into the community while awaiting trial. Critics claim this gap allows repeat offenders to remain free during their pretrial period.

Opponents of the act argue that it prioritizes criminals over victims' rights and disregards concerns from communities already facing high crime rates. According to House Republicans, violent crimes such as shootings, carjackings, and burglaries have increased since the act's implementation.

State Representative Wayne Rosenthal stated: “Our freedoms are being stripped by the progressive agenda, and we need to stand together and fight back with comprehensive solutions that protect Illinois residents and give authority back to our law enforcement officers.”

In response to these issues, House Republicans formed the Truth in Public Safety Working Group throughout 2023 and 2024 to introduce legislative reforms aimed at improving public safety. However, none of their proposed bills were granted a public hearing by the Democrat-controlled House of Representatives.

Proposed legislation included:

- HB 5120 (Windhorst – Ugaste – Grant – Cabello): Expansion of detainable offenses.

- HB 5121 (Friess – Grant – Ugaste): Revocation of pretrial release for new offenses.

- HB 5126 (Windhorst – Grant – Ugaste): Reverting back to issuing warrants for failures to appear.

- HB 4052 (Ugaste – Grant – Windhorst): Reinstating cash bail with a hybrid system recommended by an Illinois Supreme Court Commission report.

Data indicates an increase in crime among those on bond since implementing the SAFE-T Act:

- In Chicago, nearly 20 percent of felony arrests involve individuals already on pretrial release.

- Joliet robbery defendant was on pretrial release under SAFE-T Act.

- Kankakee County reported cases like Bradley Man accused of peeping into homes while on pretrial release.

- Kenneally noted an increase in crime after implementing the SAFE-T Act among those on bond.

These incidents suggest that eliminating cash bail may have compromised public safety. Critics argue that reform should balance fairness with safety rather than favoring criminal rights over victim protection.

To restore trust in its justice system, Illinois may need to revisit and amend aspects of the SAFE-T Act. Reform efforts should aim at achieving a balance between ensuring fairness and maintaining public safety.