The SAFE-T Act does not require counties to raise property taxes to fund the criminal legal system after eliminating cash bail. For the last two years, the Administrative Office of Illinois Courts has been working with stakeholders from every branch of government to ensure that counties across Illinois have the guidance and resources they need to effectively make this transition.  Non-partisan and bi-partisan groups agree that forcibly extracting revenue through a system of cash bail from low-income people and families living in poverty is not a financially responsible, sustainable, or ethical way to fund government operations.

Money bond does not keep communities safe because it allows people who are a safety or flight risk to be released pretrial as long as they have money, and it jails people who are legally innocent solely because they are poor. People should not be jailed pretrial simply because they can’t afford to pay bond. 

In today’s press conference, Leader Durkin claimed that eliminating cash bail removes an operational revenue stream for the criminal legal system. Funding government operations should not happen on the backs of and through the incarceration of low-income communities and people of color. Most people who are unable to pay a money bail, and who are consequently incarcerated pretrial, fall within the poorest third of society. Unnecessary pretrial incarceration of those who are innocent leads to the disruption of family, neighborhood, employment, and community ties. Such disruptions can actually increase the risk of recidivism and destabilize community safety. 

Wealth-based incarceration has torn families apart. In Chicago, Lavette Mayes, a mother of two and small business owner was jailed for 571 days because she could not afford to pay her bond. During that time, Ms. Mayes lost her home and business and almost lost custody of her children. Several years after her case ended, Ms. Mayes is still recovering from the harms caused by her pretrial incarceration, and her children remain traumatized to this day. Stories like this one are present in communities across the state, which is why legislators worked to eradicate the use of money bond in Illinois.

Money bond extracts wealth from our state’s poorest communities who are forced to choose between paying rent and paying a ransom to free their loved ones.  It is also costly for counties across the state. Pretrial incarceration costs an estimated $40,567 per person per year.
By eliminating cash bail, the Pretrial Fairness provisions of the SAFE-T Act makes sure that low-income people are not trapped in a cycle of poverty and jail time in a criminal justice system that violates the basic constitutional and human rights of our community’s most vulnerable people. The SAFE-T Act ensures that decisions about who is released pretrial and who is jailed are based on safety needs and not access to money. Our justice system should focus on public safety needs and not on generating revenue.