John,
Last week, the Illinois General Assembly passed the Pretrial Fairness Act, becoming the first state in the nation to completely abolish cash bail. The Law Enforcement Action Partnership proudly endorsed the Act, and our own Officer Dave Franco (Ret.) of the Chicago Police Department campaigned tirelessly to ensure it passed.
Cash bail imposes a different justice system standard on defendants who can’t afford their bond, creating further inequality within an already unjust system. It deepens race and class divides, as those who are unable to pay their bond and are jailed pretrial are more likely to plead guilty, more likely to be sentenced to jail time, and more likely to receive longer sentences than those who could afford to be released pretrial.
“The bail system focuses on money rather than public safety. If you have the money for bail, you can buy your way out until your case is heard. If you are struggling financially, even if you are unlikely to commit another crime or skip your court date, you may sit in jail for weeks or months unless you give up and plead guilty,” said Officer Franco in The Daily Line. “This system made my job harder as a police officer. It filled the jail with people who pose little public safety risk, instead of leaving law enforcement time, court resources, and jail space to prioritize serious cases.”
The Act will end cash bail and empower judges to base their pretrial decisions on whether a person needs to be held for public safety reasons, not their socioeconomic status. It will require to release people charged with crimes before trial with the exception of a narrow set of felony offenses or if someone poses a specific harm to another individual. In all exceptions, the bill requires judges to impose the least restrictive conditions possible. This is a significant step toward making the justice system more balanced.
The Pretrial Fairness Act now moves to Governor J.B. Pritzker’s desk to be signed into law. In solidarity, 
Lieutenant Diane Goldstein (Ret.)
Executive Director |
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