The Illinois Supreme Court garnered attention in July when it reaffirmed the SAFE-T Act as official law, making Illinois the pioneering state to completely abolish cash bail. Effective from September 18th, judges in Illinois can no longer demand the payment of money as a condition for a defendant’s release before trial. This reform brings much-needed fairness into a system where wealth often determines whether someone remains in jail. This law, supported by Gov. J.B. Pritzker, also ensures that individuals accused of nonviolent offenses can continue living their lives and holding onto their jobs. Data from other states indicate that releasing individuals pretrial does not result in higher rates of re-offense. The majority of pretrial detainees are not career criminals but rather individuals who lack the financial means to make bail. However, Illinois’ new program has significant flaws that must be addressed. The law allows too many opportunities for dangerous or repeat offenders to be released back onto the streets. At a time when violent crime rates are increasing, releasing habitual offenders creates more opportunities for criminal activities, and this is a concern for everyone. Therefore, amending the SAFE-T Act is necessary. The Act lacks the necessary tools for judges to differentiate between habitual offenders and decide on whether to grant or deny bail. Although the law enables judges to detain arrestees based on charges or criminal history, Illinois does not provide the additional resources required to handle defendants awaiting trial. This presents a problem for high-volume court systems like that in Cook County, Chicago, where the need to make informed decisions is likely to discourage judges from ordering pretrial detention. Therefore, reforms are essential for SAFE-T to succeed while maintaining public safety. To address these issues with the SAFE-T Act, Illinois should consider implementing the following solutions: Firstly, require cash bail for cases involving violent crimes. State lawmakers should develop legislation that explicitly permits or even mandates pretrial detention for serious and habitual criminal offenders. Secondly, provide the necessary infrastructure and resources to courts, enabling them to make informed determinations about bond and pretrial release. This includes staffing for background checks and recommendations, as already implemented in federal courts. Keeping potentially dangerous felons off the streets while they await trial requires both resources and determination in high-volume court systems such as Chicago. Thirdly, strengthen Illinois’ “truth in sentencing” law in conjunction with the SAFE-T Act, ensuring that serious and repeat offenders serve their full sentences. Lastly, encourage major cities, like Chicago, to enact their own measures for keeping dangerous and habitual offenders off the streets. New Jersey has successfully integrated these principles into its bipartisan bail reform implemented in 2017, granting judges discretionary powers to detain defendants who pose a risk to public safety. This approach allowed low-risk defendants to return to their families and jobs, while higher-risk cases were detained before trial. Such discretion provides a balance between public safety and civil liberties. Washington, DC, has also recently enacted a temporary emergency ordinance simplifying the process for judges to keep repeat offenders off the streets. Chicago should utilize its “home rule” authority to pass public safety ordinances, granting judges the ability to impose jail time, fines, or probation for grave offenses such as intimidating witnesses, hate crimes, or carjackings. This will provide the city with additional options for combatting rising crime and prosecuting violators of city ordinances. Effective criminal justice reform is an ongoing process that aims to achieve fairness. It is crucial to prevent our jails from becoming debtors’ prisons and to ensure that wealth does not determine risk to the community or flight risk. At the same time, our city streets should not pay the price for Illinois’ untested experimentation with wholesale bail reform. This necessitates mandating bail for specific crimes and encouraging cities to adopt their own laws to enhance public safety. With Illinois’ new no-cash bail law not yet in effect, there is still an opportunity to enact policies that allow judges to keep at-risk offenders behind bars until trial. Reforming cash bail can be a positive step towards achieving justice across Illinois, but it requires finding a balance where high-risk criminals and individuals charged with dangerous offenses can be detained by judges to protect the public.
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