Updated January 4, 2022

On New Years Eve, the Illinois Supreme Court issued an order directing counties across our state to delay implementation of the Pretrial Fairness Act until the court has had a chance to review the Kankakee County decision finding the law unconstitutional. While we are disappointed that the Pretrial Fairness Act did not take effect as scheduled on January 1, 2023, we are thankful that the Supreme Court has stepped in to provide guidance to courts and communities across the state. We remain confident that the Court will swiftly correct the poorly reasoned decision made by Judge Cunnington.

The frivolous lawsuit challenging the constitutionality of the Pretrial Fairness Act is just the latest of many attempts by conservatives to prevent progress and preserve wealth-based jailing in Illinois. They know their actions were taken on weak legal grounds, at the last minute, despite the law passing 23 months ago, and were simply intended to delay the inevitable implementation of the Pretrial Fairness Act. With every passing day that money bond remains in place, Illinois will continue to punish people for being poor. It is essential that the Supreme Court moves quickly to ensure the law’s full implementation and prevent any more Illinoisans from being forced to pay a ransom to free their loved ones from jail while they await trial.

For more than six years, communities across Illinois have organized to end Illinois’ use of money bond and reduce the number of people incarcerated while awaiting trial. Immense public support for ending money bond led to the passage of the Pretrial Fairness Act in January 2021. Tens of thousands of people from across the state took action in support of the law, which was supported by more than 100 advocacy, community, legal, and social service organizations. During the 2022 election cycle, a right-wing misinformation campaign tried to uproot public support for the law and failed. Across the state, voters stood by elected officials who passed the Pretrial Fairness Act. Just last month, the legislature passed a trailer bill amending the law after months of work with advocates, public defenders, prosecutors, and members of law enforcement. 

It is a common refrain that the darkest hour comes before dawn. If you look closely towards the horizon, you’ll see a new day is quickly approaching in Illinois. While those looking to preserve the racist system of wealth-based jailing may delay progress, they will not prevent it. Illinois is ready to end money bail.