Illinois Makes History as First State to Abolish Cash Bail

In a landmark ruling, Illinois has become the first state in the nation to abolish cash bail as a condition of pretrial release from jail. The state Supreme Court upheld the constitutionality of the law, overturning a previous judge’s opinion. Chief Justice Mary Jane Theis, writing for the majority, emphasized the law’s alignment with the rights of both victims and defendants. The decision paves the way for the law to take effect in 60 days, on September 18th. Its implementation had been delayed due to a court challenge.

Advocates for the elimination of cash bail argue that it disproportionately penalizes those in poverty, while allowing the wealthy to secure their release from jail while awaiting trial. This practice, they claim, disproportionately affects people of color and perpetuates inequality. The pandemic and its resulting increase in crime have fueled discussions on bail reforms. While other states and municipalities have made changes to cash bail, Illinois is the first to completely abolish it. Instead, judges will have the discretion to determine whether a defendant poses a risk to the community and can impose conditions for release, such as restraining orders or restrictions on specific locations, according to the Bail Project .

Critics of the decision argue that bail has long served as a means to ensure defendants show up for court proceedings. They express concerns that violent criminals will now be released prior to trial, potentially increasing the likelihood of further crimes. The abolition of bail is part of a comprehensive criminal justice overhaul called the SAFE-T Act, which was enacted in 2021. Governor JB Pritzker hailed the decision as a step towards a more equitable and just Illinois, emphasizing that pre-trial detention should be based on the danger posed by an individual rather than their financial means. (Read more Illinois stories.)