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ILLINOIS’ ELIMINATION OF CASH BAIL ONE YEAR LATER  
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Lisel Petis
October 1, 2024
MyJournalCourier
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_ Fear still fuels the bail reform debate, but new data from Illinois
show that holding on to cash bail may make communities less safe. _

, Public Policy Institute of California

 

A year ago, Illinois made headlines as the first state to eliminate
cash bail. Like many, I feared such a sweeping change could compromise
public safety. However, the anticipated chaos never materialized —
crime rates have dropped. Now, fear should no longer prevent states
from taking similar actions.

The Pretrial Fairness Act introduced a system that more accurately
detains those with genuine risks while allowing low-risk individuals
to await trial outside of jail. No cash is required. The goal was to
create a system that better balances public safety, accountability and
individual liberties.

The result? People can no longer buy their way out of pretrial
detention. Release is a presumed right for non-violent defendants,
maintained through their behavior — not their bank account. For
violent offenders, detention without bail remains an option, keeping
public safety at the forefront.

As a prosecutor, I frequently used bail to keep individuals in jail
when I believed they posed a risk to public safety or were unlikely to
appear in court. My high bail requests were generally reserved for
violent offenders, repeat offenders — especially those with multiple
domestic violence or intoxicated driving charges — or those with a
history of missing court. While the cash bail system was intended to
ensure accountability, over time, it became clear that bail amounts
rarely influenced whether someone would re-offend or return to court.
Nor was it the determining factor in who was detained or released.

Cash bail didn’t address the root causes of missed court hearings or
re-offending. People dealing with mental health struggles, substance
abuse, or transportation challenges weren’t deterred by a financial
penalty. Some individuals were overwhelmed by the chaos in their
lives, which affected their ability to stay on top of court dates. Are
these valid excuses? Absolutely not. However, it became clear that
offering practical assistance to help people navigate these challenges
would lead to better accountability and public safety outcomes, rather
than relying on financial penalties.

In fact, the financial incentive of bail is largely illusory. Most
defendants work with bail bondsmen, paying a non-refundable fee to
secure release without financial consequences if they fail to follow
their release conditions. Meanwhile, wealthier individuals can always
afford bail, regardless of the seriousness of their charges,
underscoring the system’s inequity.

The effect of bail on low-level defendants is more widespread. Many
spend days in jail simply because they cannot afford small bail
amounts. They often plead guilty to minor offenses, accepting “time
served” just to regain freedom, bu the damage is done by then. This
may seem inconsequential. The results are severe: some lose their jobs
for missing work, which can then spiral into housing instability or
even losing custody of their children. Ironically, rather than
preventing crime, the cash bail system often sets people on a path
toward it. 

Research confirms that even a few days of pretrial detention increases
the likelihood of future criminal behavior, not the other way around.

Illinois demonstrates that a cashless bail system, when implemented
thoughtfully, more effectively determines who should be released or
detained. Tools like court notifications and supportive services —
such as connecting to resources and voluntary treatment — have
proven more successful at ensuring people follow the law and show up
for court. Now that we know better, we must do better.

The critical shift in Illinois’ system focuses on risk over riches.
By assessing an individual’s likelihood to re-offend or skip court
— rather than their capacity to pay bail — the state has moved
toward a more capable and just approach to pretrial detention. This
transition was not easy. It required extensive conversations between
prosecutors, lawmakers, reform advocates, and key stakeholders. While
not everyone agreed and adjustments have been made — and may still
be needed — the early results are undeniably promising.

Given that research now supports the idea that no cash bail can lead
to decreased crime and overcrowded jails, other states should consider
prioritizing justice and public safety over tradition. Illinois offers
a compelling example of what’s possible. 

_Lisel Petis is a former prosecutor and a resident senior fellow for
Criminal Justice and Civil Liberties at the R Street Institute. She
wrote this for InsideSources.com._

* bail reform
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* Illinois
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* political wisdom and lessons
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