(NewsNation) — Over six months ago, Illinois became the first state to implement a law that eliminated cash bail as a condition of pretrial release from jail. Now, counties have settled into new patterns that have caused a reduction in the jailed population.
While the Pretrial Fairness Act has already reduced the number of people in Cook County jails, it has also come with some growing pains. Appeals of judicial decisions have soared, putting pressure on the state’s high courts and spurring new rules meant to stem the flow.
Overall, the new routines have taken hold in the state, with the law mostly “working as intended” in Cook County, according to a recent report from the Civic Federation and League of Women Voters in Cook County.
Previously, defendants would go before a judge, who would either detain them or order release, often on the condition of posting a monetary bail.
Under the new system, prosecutors ask a judge to hold defendants in jail in cases deemed to present a flight risk or danger to the public when charged with an offense where detention is allowed. Everyone else is released with conditions, sometimes including electronic monitoring, after an initial appearance.
Since the implementation of the criminal justice reform, judges have granted 64% of detention petitions brought before them by prosecutors, according to data from the Office of Statewide Pretrial Services.
The legislation, however, was met with criticism by some who were concerned about public safety.
Since the provision was enacted, warrants for failure to appear in court were issued in about 10% of cases in which defendants were released. About 7% of those released were charged with a new, nonviolent offense and 4% were charged with a violent offense, according to court data.
However, there is not yet enough data to compare these numbers with rates of recidivism and failure to appear from before the bail reform.
Abolishing bail was part of an expansive criminal justice overhaul adopted in 2021 known as the SAFE-T Act. It was a piece of the groundbreaking “four pillars” agenda of the Illinois Legislative Black Caucus, approved with the aim of improving the lives of marginalized communities following the police killings of George Floyd and others in the previous year.