Pritzker Signs Pretrial Fairness Act Into Law
On Monday, February 22, Illinois Govoner JB Pritzker signed the Pretrial Fairness Act into law. The Pretrial Fairness Act covers a myriad of criminal justice reform issues, including ending cash bail for pretrial detainees. The act was initiated by the Illinois Legislative Black Caucus, and, now with approval from the governor, can begin to roll out beginning in January 2023.
Although ending cash bail will have a positive impact on a significant amount of people involved in the Illinois Department of Corrections, not every detainee will benefit from this act. Judges can still detain individuals charged with higher class offenses like murder or domestic battery. Illinois is not alone in its fight to end cash bail; other states like New Jersey have limited their use of it, too.
Ending cash bail is an actionable way to address the disparity in the criminal justice system. Those who cannot pay their way out of incarceration suffer at disproportionately higher rates compared to those who can. And, ultimately, the determining factor in how one’s future unravels after being charged with a crime is heavily dependent on their affluence. Those who cannot afford bail are at risk of losing their job, custody of children, and access to healthcare and necessary medications within just days of being detained. Those who can pay their way out of being detained, though, do not have to suffer these life-threatening consequences. Right now, amidst a pandemic, being detained has proposed even more life-threatening consequences. Without adequate space to safely distance people experiencing incarceration, those who are detained are at a high risk of getting COVID, left to suffer without any assistance. If their inability to pay cash bail didn’t lead to incarceration, they would not have to be in such close proximity with people and thus risk their own health and safety.
Furthermore, those who cannot afford cash bail are more likely to plead guilty to a crime they did not commit. Those who are detained are more probable to sacrifice their innocence to receive a lesser charge and spend less time incarcerated. Therefore, cash bail is an ineffective system as is.
By officially signing this act into law, Illinois has become a trailblazer in criminal justice reform. I hope to see other states follow in Illinois’s footsteps by abolishing money bail.