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The original measure was narrowly approved in early January
2021. While some of the Safety, Accountability, Fairness and
Equity-Today Act is already in effect, the end of cash bail
through the Pretrial Fairness Act was slated to start Jan. 1,
just three weeks away.
Last week during veto session, state lawmakers approved some
changes that law enforcement agencies said were needed to keep
violent offenders held pretrial, among other substantive
changes.
Through a news release Tuesday evening, Gov. J.B. Pritzker
announced he signed the amendments into law. Wednesday, Pritzker
acknowledged the original law he signed was flawed.
“Let’s make sure everybody, judges, state’s attorneys, sheriffs,
et cetera, understand these provisions so maybe we need to write
them in a way that’s much clearer and it has a little more
detail to it,” Pritzker said at an unrelated event.
The changes lay out a series of serious crimes like murder,
arson and kidnapping where a suspect can be held pretrial. It
also clarifies police can arrest individuals for trespassing,
but only after a citation is issued and the individual continues
to violate. Another change lays out a process allowing people
held pretrial on eligible crimes before cash bail is abolished
to line up pretrial release hearings.
“So I’m glad to be able to get that done,” Pritzker said.
Pritzker was asked how he’ll gauge if the end of cash bail is a
success story.
“We’ll be looking to the [Illinois Supreme Court], they
obviously are monitoring this well for us and talking to state’s
attorneys and asking what the real challenges are that they’re
facing,” Pritzker said. “But a lot of that has been addressed in
this amendment to the law.”
The Illinois Supreme Court has been involved with educating
local law enforcement and courts about implementing the Pretrial
Fairness Act. But, the supreme court may be asked to get
involved in determining if the Pretrial Fairness Act is even
constitutional.
Dozens of state’s attorneys and sheriffs have a lawsuit against
the end of cash bail. The challenge will be heard in Kankakee
County circuit court Dec. 20. It’s expected a ruling will follow
the week after, with anticipation the Illinois Supreme Court may
have to weigh in on appeal.
Greg Bishop reports on Illinois government and
other issues for The Center Square. Bishop has years of
award-winning broadcast experience and hosts the WMAY Morning
Newsfeed out of Springfield.
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