Sangamon Sun

One year after Illinois became the first state to abolish cash bail, concerns have emerged regarding public safety and the effectiveness of the new system. The Pretrial Fairness Act, implemented on September 18, 2023, has been met with significant apprehension from both citizens and law enforcement. Critics argue that the act has left communities vulnerable and undermined judicial authority.

The SAFE-T Act, passed in January 2021 and signed by Governor J.B. Pritzker, was initially presented as a step toward fairness. However, opponents claim it imposed unfunded mandates on law enforcement and prioritized criminals over victims. A key component of this legislation, the Pretrial Fairness Act, eliminated cash bail in Illinois. Proponents believed this would prevent economically disadvantaged defendants from remaining in jail due to an inability to pay for their release.

However, critics assert that removing cash bail has made it more difficult for judges to detain potentially dangerous individuals awaiting trial. 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 has resulted in many non-violent felony offenders being released back into the community while awaiting trial.

Critics have consistently warned that this reform prioritizes offenders over victims' rights and disregards community concerns about rising crime rates. House Republicans have pointed out increasing incidents of violent crimes such as shootings, carjackings, and burglaries since the act's implementation.

Additionally, smaller counties lacking resources and infrastructure have struggled with the increased demands of the new pretrial detention system. Judges face more complex pretrial hearings without additional funding or support.

State Representative Mike Coffey hosted a Public Safety Roundtable last year to discuss legislative initiatives aimed at protecting families in Illinois. He stated: “Hearing from our local law enforcement experts is the best path forward to understanding the real-world impact of legislative initiatives.”

In response to these issues, the House Republican Truth in Public Safety Working Group introduced several bills throughout 2023 and 2024 aimed at improving public safety:

- HB 5120: Expansion of detainable offenses.

- HB 5121: Revocation of pretrial release if a defendant commits a new offense during their release.

- HB 5126: Reverting back to issuing warrants for failures to appear instead of summonses.

- HB 4052: Restoring cash bail with a hybrid system allowing for presumption of release but also enabling cash bail or detention.

None of these bills were permitted a public hearing by the Democrat-controlled House of Representatives.

A year after abolishing cash bail, questions remain about whether Illinois is safer. Headlines suggest that public safety may have diminished under the SAFE-T Act’s provisions. Critics argue that prioritizing offenders' rights over victims' safety sets a dangerous precedent.

To restore trust in its justice system, Illinois may need to revisit and amend the SAFE-T Act. Reform should balance fairness with safety rather than favoring one side excessively.