'Historic': Illinois Supreme Court Puts State Back on Track to End Cash Bail

Criminal justice reform advocates on Tuesday celebrated that Illinois is set to become the first U.S. state to eliminate cash bail by the end of this summer after the Illinois Supreme Court found that the law does not violate the state constitution.

The contested Pretrial Fairness Act—seen as a model for other states to follow—was passed as part of the Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act signed in February 2021 by Illinois Gov. JB Pritzker, who, along with fellow Democrats Lt. Gov. Juliana Stratton and state Attorney General Kwame Raoul, joined campaigners in cheering the new court decision.

"The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public," the majority opinion states. "Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The act's pretrial release provisions set forth procedures commensurate with that balance."

The 5-2 ruling—Republicans Justices David Overstreet and Lisa Holder White dissented—overturns a December decision from a Kankakee County judge who sided with state's attorneys and sheriffs who sued over the law. The Illinois Supreme Court directed courts statewide to prepare to implement the policy by September 18.

Welcoming the decision in a statement Tuesday, the Illinois Network for Pretrial Justice blasted money bail as "one of the most glaring injustices in our criminal legal system," and declared that "the implementation of the Pretrial Fairness Act will make Illinois the first state in the country to remove the price tag from the presumption of innocence."

"Ending money bond addresses both economic justice and racial justice issues in the pretrial system. In communities across Illinois, Black people have been disproportionately impacted by wealth-based jailing," the network said, noting that the state locks up a quarter-million people in county jails each year. "Giving people the opportunity to stay in their communities while awaiting trial will enable them to keep their jobs, housing, and custody of their children, making us all safer."

While "conservatives have used fear-mongering and misinformation to try to derail its success" since the measure passed, now county officials must "put politics aside and work together to properly implement the law," the network stressed. "Continued attempts to sabotage the Pretrial Fairness Act would not only dismiss the will of the people, but also jeopardize community safety."

"This is a historic juncture in the fight against mass incarceration, but it is far from the end of our work," the network added. "It is critical that we don't stop at ending money bond and that realize our goal of dramatically reducing pretrial incarceration in our state. Ending money bond and reducing pretrial incarceration bring us closer to a future where our communities are safe, our people are supported, our system is fair, and wealth does not determine one's freedom."

David Gaspar, CEO of the Bail Project—which provides bail assistance while advocating for pretrial systems that are more equitable, humane, and just—also applauded the state Supreme Court's ruling on Tuesday.

"Today, the Illinois State Supreme Court affirmed what we've always known—that cash bail is un-American, it upends foundational American rights that everyone is equal under the law and innocent until proven otherwise, and has no place in our state statutes or constitutions," he said. "Where it exists, cash bail creates a two-tiered system of justice: one where those who can afford to pay bail get released, and another where those who are too poor to pay bail are forced to remain incarcerated while awaiting trial."

"With cash bail gone in Illinois, it's time for policymakers to immediately fund and scale effective nonfinancial alternatives to cash bail like court notifications, travel assistance, and referrals to crucial supportive services that help people return to court and avoid justice system involvement altogether," Gaspar added. "Our own work demonstrates that with these smart investments and enough support, people will return to court more than 90% of the time without any of their own money on the line."