(The Center Square) – With Illinois
set to become the only state in the nation to eliminate cash bail, those behind
the legislation said it could be a model for other states.
The bail provision, known as the Pretrial Fairness Act, was one of many
criminal justice reforms that were part of a sweeping justice reform bill passed
by the state legislature earlier this month.
Under the Pretrial Fairness Act, a judge can still detain someone pretrial
if they are charged with specific felony offenses, such as murder or domestic
battery. A judge can also detain someone if they believe an individual is
likely to skip court.
State Sen. Robert Peters, who sponsored the bill, said on “The Appeal”
Monday that public safety will not be an issue.
“We are not going to rely on a system that brings us down, tears us down,
and takes money out of our pockets for absolutely no reason but on a false
pretense of safety,” he said.
Peters said there is interest in Pennsylvania about adopting similar
legislation.
One of the most high-profile tests of bail reform was in New York state,
where advocates had to engage in damage control. In 2019, the New York
legislature abolished bail for many misdemeanors and nonviolent crimes. Soon
after the law went into effect, the New York Police Department released figures
showing a spike in crime and blamed the new bail rules.
“When we see anytime we try to make changes to our incarcerations system, we
have to play some level of defense and make sure the implementation goes well,”
Peters said.
James Black, the president of the Illinois Association of Chiefs of Police,
said public safety is an issue.
“The bill pretty much all but mandates the release of sex offenders, drunk
drivers with numerous priors, drug dealers, irrespective of their likelihood of
potentially re-offending,” Black said.
The Illinois State’s Attorneys Association criticized the legislation, as
did the Illinois Law Enforcement Coalition, saying it will make Illinois “less
safe.”
“There are more provisions in here that give benefits to offenders than it
does to the victims of crimes,” Black said.
Gov. J.B. Pritzker is expected to sign the bill, which would become law in
January 2023 and would make Illinois the only state in the nation without a
cash bail system.