Illinois Wins Cash Bail Ruling

The Illinois Supreme Court made a historic decision this week by upholding a law that eliminates cash bail. Illinois will now be the first state in the country to end cash bail for defendants.

Set to take effect on September 18, 2023, the Pretrial Fairness Act will reduce a penalty for poverty paid mostly by Black and brown people. Cash bail is a system in which defendants are required to pay a certain amount of money as a condition for their release from jail while awaiting trial. The practice disproportionately affects people with low income, leading to pretrial detention solely based on an individual’s inability to afford bail rather than the risk they pose to the community.

The Illinois General Assembly passed the measure in February 2021 as part of the SAFE-T Act.

It was delayed from going into effect earlier this year after county prosecutors challenged the law. A lower court in Kankakee had ruled abolishing cash bail was unconstitutional, but the Illinois Supreme Court overturned that ruling Tuesday.

“Access to money shouldn’t determine whether someone is jailed or free while awaiting trial,” said LaTanya Jackson Wilson, vice president of advocacy at the Shriver Center on Poverty Law. “Currently, there are people awaiting trial in lockup solely because of their inability to pay bail but this law moves us closer to the true principle of ‘innocent until proven guilty.’”

The Shriver Center on Poverty Law was part of a coalition that supported the end of cash bonds; helped get the legislation passed in 2021; made calls when it was necessary to promote it; and signed on in response to challenges to the bill.

The solution is a step in the right direction toward advancing racial and economic justice. Ending cash bail supports our efforts to improve the safety and security of our communities and maintain the dignity of people navigating legal systems.