Monetary bail, also known as cash bail, is a system where individuals charged with a crime pay a specified amount to secure their release while awaiting trial. The purpose of this practice is to ensure defendants return to court. Bail amounts are typically refunded, minus any fees, if the individual appears for all required hearings. If they fail to appear, their bail is forfeited and used to support various criminal justice activities.
Bail Reform Under the SAFE-T Act
In 2021, Illinois implemented significant bail reform through the SAFE-T Act, aimed at eliminating the use of monetary bail. The act establishes that individuals charged with an offense are generally eligible for pretrial release unless the court deems them a risk to public safety or a flight risk. Instead of relying on cash bail, the act prioritizes risk-based assessments to determine whether a defendant should remain detained.
Prosecutors can still request pretrial detention for defendants charged with serious offenses, particularly those posing a direct threat to individuals or the community. However, the burden of proof lies with the state to demonstrate the need for detention.
Legal Developments
The pretrial release provisions of the SAFE-T Act have faced legal challenges. In 2022, lawsuits were filed, claiming the act violated the Illinois Constitution. Although a lower court initially ruled in favor of these claims, the Illinois Supreme Court later upheld the act’s constitutionality. As a result, the full implementation of these reforms took effect on September 18, 2023.
Bail Practices Before the SAFE-T Act
Before the passage of the SAFE-T Act, individuals could post 10% of their bail amount to secure release. A 2017 statewide bail reform law allowed most nonviolent offenders to be released without posting cash bail. Judges could impose alternative measures, such as electronic monitoring, but monetary bail remained a common practice, especially for more serious charges. Individuals unable to pay bail could not be held in jail solely for financial reasons.
The Road Ahead for Illinois’ Pretrial System
As Illinois transitions away from monetary bail, the focus is shifting toward pretrial practices that emphasize public safety while ensuring defendants appear in court. The state is exploring alternative methods like risk-based assessments and other conditions of release, such as check-ins and electronic monitoring. These alternatives aim to reduce reliance on cash bail while ensuring justice and fairness in the pretrial process.
