PRETRIAL REFORM: ILLINOIS

September 2023

Illinois’ Pretrial Fairness Act (PFA) replaces wealth-based detention with

risk-based detention, eliminating money bail and mandating new, rigorous
legal standards to protect community safety.1 This legislation strikes a critical HOW THE PFA WORKS
balance by aiming to reduce unnecessary pretrial detention while enhancing
accountability and safety, and retaining judicial discretion. The PFA improves community
safety…
Before and After The PFA imposes safety-based
Before the PFA2 standards for detention. No longer
• Illinois detained many people pretrial simply because they couldn’t afford dependent on a person’s wealth, judges
their money bond and released people who posed clear threats to community retain the discretion to detain people
safety simply because they had access to wealth. before trial if they are charged with
a serious or violent crime, including
• Pretrial release conditions were set in a way that was inconsistent and
all non-probational felonies, all sex
unreliable.
crimes, all domestic violence crimes,
• Judges had few tools to handle pretrial violations and were largely forced to and all non-probational gun-related
rely on monetary conditions. felonies.
The PFA ensures that the unique
facts of domestic violence cases are
CAMPAIGN ATTACKING scrutinized and that those accused
2021-’22: Opponents of causing repeat harm to survivors
of the PFA launch a THE PFA, FEATURING
are subject to a detention hearing.

$40 MILLION
MISINFORMATION ABOUT
THE LEGISLATION AND The PFA upholds
RACIALLY MOTIVATED accountability…
ADVERTISEMENTS. 8
The PFA offers judges multiple
options to respond to pretrial
misconduct. A new arrest for serious
After the PFA3 misdemeanors or felonies during
• Judges will have the tools necessary to handle pretrial misconduct, including the pretrial period can result in
sanctions and revocation to jail when necessary. detention. A new arrest for lower-level
misdemeanors, technical violations,
• Illinois will focus detention resources on serious cases that involve a clear
and missed court dates are subject to
and convincing risk to community safety, such as violence and gun charges,
warnings, fines, elevated conditions,
or willful flight, setting a high standard for preventive detention.
and up to 30 days in jail.
• Pretrial release conditions and detention will be decided based on statewide
standards that assure community safety and provide people with due process
protections.
Timeline of the PFA
November 2017: The Illinois Supreme Court creates the Commission on Pretrial The PFA protects
Practices to provide guidance and recommendations for reforming state pretrial individual liberty…
policy.4
The PFA eliminates wealth-based pretrial
Fall 2020: The Illinois Legislative Black Caucus proposes a series of criminal detention, ending a practice that held
justice reforms to address systemic racism in the state.5 people who are presumed innocent behind
January/February 2021: A package of criminal justice reforms known as the bars simply because they couldn’t afford
Safety, Accountability, Fairness and Equity-Today Act (SAFE-T Act) passes the money bond. No longer will individuals risk
legislature and is signed by Governor J.B. Pritzker. The PFA is included in the losing their jobs, homes, or custody of their
SAFE-T Act with an implementation date of January 1, 2023.6 children – or be pressured to plead guilty –
merely due to lack of access to wealth.
2021-’22: Opponents of the PFA launch a $40 million campaign attacking the
PFA, featuring misinformation about the legislation and racially motivated The PFA ensures due process, allowing
advertisements.7 for pretrial detention only after relevant
evidence is provided to defense counsel,
2021-’22: In response to concerns from stakeholders, in June 2021, January
an adversarial hearing with defense
2022, and December 2022 the legislature passes amendments to the SAFE-T Act.
counsel present is conducted, and the state
The December 2022 amendments in particular make numerous changes to
demonstrates the need to detain the person
the way courts are to determine conditions of pretrial release.8
by a clear and convincing evidentiary
December 2022: A county judge rules that the PFA violates the state standard. Additionally, detention must be
constitution. Attorney General Kwame Raoul appeals the ruling, and the Illinois re-examined at every court date, and judges
Supreme Court issues a stay on implementing the law pending review.9 must make specific findings that detention
July 2023: The Illinois Supreme Court deems the PFA constitutional and sets or existing pretrial conditions in place are
a new implementation date of September 18, 2023.10 appropriate to prevent a specific threat or
willful flight.
What the research suggests about the PFA The PFA authorizes release by law
Researchers at Loyola University Chicago estimate that the PFA will not enforcement, requiring police to cite
significantly reduce the number of individuals held in jail before trial. Rather, and release people charged with low-
it will change the composition of who is in jail, refocusing the Illinois pretrial level misdemeanors and enabling law
system around safety instead of wealth. It is estimated that roughly one-half enforcement to use their professional
of those arrested in Illinois will be eligible for detention, but only a fraction of judgment to release people with some more
these people will meet the “clear and convincing standard” necessary to impose serious offenses without holding them
detention.11 overnight.

As the PFA is rolled out, researchers at Loyola and other institutions will be
closely monitoring the law’s impact and regularly releasing their findings.
The PFA lays a foundation for
better pretrial services…
What experts and community say about the PFA The PFA builds the momentum for
• “Since the Pretrial Fairness Act makes safety the primary determinant comprehensive statewide pretrial
of whether a person is jailed or released before trial, rather than access to services to help individuals avoid new
wealth, it replaces an illogical and deeply harmful bail system with one arrests, make court appearances, and access
that will be just and effective. The data and research … show that money supportive services. After the PFA passed,
bond has never made our communities safer and, in fact has likely been Illinois established the Office of Statewide
making them less safe.” – Matthew Piers, Partner at Hughes Socol Piers Pretrial Services (OSPS), providing pretrial
Resnick & Dym, Ltd.12 risk assessment and supervision that can
hold individuals accountable and help
• “The protections for survivors in the bill are a step toward a better system
people succeed.
for all. People with low incomes will no longer be locked up simply because
they can’t pay bail. People won’t be incarcerated pretrial because of racist
and classist stereotypes that perpetuate fear against Black men, in particular.
Survivors will be able to advocate for what they need to feel Coalition Against Domestic Violence, Life Span, The
safe and secure.” – Madeleine Behr, Policy Manager at the Network: Advocating Against Domestic Violence, Women’s
Chicago Alliance Against Sexual Exploitation and Amanda Justice Institute.15
Pyron, Executive Director of The Network: Advocating • “As leaders of local health departments, we serve on
Against Domestic Violence.13 the frontlines of defending the public’s safety. It is our
• “I do believe that most, if not all of the really violent responsibility to not only protect communities from threats
offenders, are going to be detained under this law, the to their health, but to also address threats to the safety of
people charged with murder, carjacking, aggravated people’s lives and wellbeing, which includes those lost or
criminal sexual assault, I’m pretty confident that they’re hurt by systemic racism. Today, we fully recognize the fact
going to be detained.” – Bob Berlin, DuPage County State’s that racism is a public health crisis, and commend Gov. JB
Attorney.14 Pritzker for taking steps to end this crisis by signing House
Bill 3653 into law and reforming the criminal justice system
• “The Pretrial Fairness Act, as drafted, supports survivor
in Illinois.” – Tom Hughes, Executive Director of the Illinois
autonomy and decision-making to determine what safety
Public Health Association (IPHA).16
looks like for that individual survivor – not propping up a
system of continued systemic racism centered on wealth- • “A substantial step toward dismantling the systemic racism
based incarceration instead of what it should be centered that plagues our communities, our state and our nation,
on: safety.” – Alliance for Safety and Justice, Apna Ghar, and brings us closer to true safety, true fairness and true
Inc., Ascend Justice, Carol’s Inn, Chicago Alliance Against justice.”– Illinois Governor J.B. Pritzker.17
Sexual Exploitation (CAASE), Family Rescue, Illinois

Endnotes
1 “ Pretrial Fairness Act,” Illinois General Assembly, https://www.ilga.gov/legislation/101/SB/ 9 re Ward, “IL Supreme Court halts Pre Trial Fairness Act, preventing no cash bail
T
PDF/10100SB4025lv.pdf. provision from taking effect,” ABC 7, December 31, 2022, https://abc7chicago.com/illinois-
supreme-court-pre-trial-fairness-act-no-cash-bail-safe-t/12635593/.
2 “ Illinois Supreme Court Commission on Pretrial Practices: Final Report,” Illinois Supreme
Court, April 2020, https://ilcourtsaudio.blob.core.windows.net/antilles-resources/ 10 onathan Franklin, “Illinois Supreme Court rules in favor of ending the state’s cash bail
J
resources/227a0374-1909-4a7b-83e3-c63cdf61476e/Illinois%20Supreme%20Court%20 system,” NPR, July 18, 2023, https://www.npr.org/2023/07/18/1188349005/illinois-ends-
Commission%20on%20Pretrial%20Practices%20Final%20Report%20-%20April%20 cash-bail-system-state-supreme-court.
2020.pdf
11 on Stemen. Branden DuPont, and David Olson, “The Volume & Characteristics of Arrests
D
3 “ Correcting Misinformation about Illinois Pretrial Reforms: What the Pretrial Fairness Eligible for Detention,” Loyola Chicago Center for Criminal Justice, 2022, https://loyolaccj.
Act Does and Does Not Do,” The Civic Federation, September 16, 2022, https://www. org/pfa/blog/estimate-pfa-act.
civicfed.org/civic-federation/blog/correcting-misinformation-about-illinois-pretrial-
12 “ Amicus Supporting the Pretrial Fairness Act Filed with Illinois Supreme Court, Signed
reforms-what-pretrial#:~:text=Release%20from%20police%20custody%20for,than%20
By More Than 400 Organizations, Elected Officials, and Faith Leaders,” Law Office of the
appearing%20before%20a%20judge.
Cook County Public Defender, January 26, 2023, https://www.cookcountypublicdefender.
4 “ Office of Statewide Pretrial Services,” Illinois Courts, https://www.illinoiscourts.gov/ org/news/amicus-supporting-pretrial-fairness-act-filed-illinois-supreme-court-signed-
statewide-pretrial-system. more-400.

5 C
riminal Justice Reform Pillar,” Illinois Legislative Black Caucus, March 8, 2021, https:// 13 adeleine Behr and Amanda Pyron, “Why the end of cash bail is good for Illinois
M
www.illinoissenatedemocrats.com/ilbc-pillars/pillar-1. survivors,” Rockford Register Star, May 8, 2021, https://www.rrstar.com/story/
opinion/2021/05/08/why-end-cash-bail-good-illinois-survivors/7354781002/.
6 “ The 2021 SAFE-T Act: ICJIA Roles and Responsibilities,” Illinois Criminal Justice
Information Authority, https://icjia.illinois.gov/researchhub/articles/the-2021-safe-t-act- 14 George Wiebe, “DuPage County ‘absolutely prepared’ after amendments added to state
icjia-roles-and-responsibilities. cash bail law,” Chicago Tribune, August 15, 2023, https://www.msn.com/en-us/news/crime/
dupage-county-absolutely-prepared-after-amendments-added-to-state-cash-bail-law/ar-
7 I nsha Rahman, “Bail reform is the solution we need to bring about safety and
AA1fjtlE.
justice,” Chicago Tribune, March 28, 2023, https://www.chicagotribune.com/opinion/
commentary/ct-opinion-bail-reform-pretrial-fairness-act-illinois-safe-t-act-20230328- 15 “Letter from Crime Survivor Advocates,” Capital News Illinois, October 2022.
2jr4usgrbzdwvjk6dfws3os4bq-story.html.
16 “ Rich Miller, “React to Pritzker signing criminal justice reform bill,” Capital Fax, February
8 “ Summary of Amendments to Public Act 101-0652, the SAFE-T Act,” Civic Federation, 22, 2021, https://capitolfax.com/2021/02/22/react-to-pritzker-signing-criminal-justice-
December 16, 2022, https://www.civicfed.org/civic-federation/blog/summary- reform-bill/.
amendments-public-act-101-0652-safe-t-act.
17 “ Gov. Pritzker Signs Legislation Transforming Illinois’ Criminal Justice System,” Illinois.
gov, February 22, 2021, https://www.illinois.gov/news/press-release.22830.html.