Today, Illinois celebrates the second anniversary of the successful implementation of the Pretrial Fairness Act and the end of money bond. Since the law’s implementation, the rates of both pretrial jailing and crime have decreased across Illinois, making our state safer and more just. Throughout the last two years, the Illinois Network for Pretrial Justice has supported successful implementation across the state while working with our allies in the Illinois legislature to further transform Illinois’ pretrial system. Last year, our Network worked with legislators to secure funding for the Pretrial Success Grants Program and the FAIR Act. Now, Illinois will continue improving pretrial outcomes by creating a statewide office of public defense and expanding access to voluntary mental health care, substance use treatment, case management services and more for people awaiting trial.

At a time when the President of the United States is threatening to take steps to force Illinois to return to the money bond system, it is important that we remember why we enacted the Pretrial Fairness Act in the first place. Prior to the law taking effect, more than a quarter million people were booked into county jails every year, and more than 75% of those people were incarcerated pretrial, meaning they hadn’t been convicted of a crime, were legally innocent, and were still awaiting trial. The vast majority of people locked up in our state’s county jails were incarcerated simply because they couldn’t afford to pay a money bond. 

The money bond system caused people to lose their jobs, housing, and even custody of their kids. People often took plea deals not because they were guilty but simply to get back home to their families. And across the state, there were vast racial disparities as to who was impacted by the money bond system. In 2019, counties in Illinois collected more than $140 million dollars in bond payments. Families were forced to choose between paying rent or paying a ransom to free their loved one who was awaiting trial. The Pretrial Fairness Act has ensured that the millions of dollars that would have been collected in bond payments now remain in our state’s most marginalized communities. 

The President’s attacks have been focused on spreading fear and false information about the law and its impact on our communities. For years leading up to the implementation of the Pretrial Fairness Act, Republicans and law enforcement officials claimed that the law would increase violence in our communities. Yet across Illinois, rates of violent and property crime continue to decrease, and our state’s largest urban center, Chicago, is seeing historic drops in shootings and murders. It’s clear that the claims made by our opponents continue to be nothing more than fear-mongering rooted in racism. 

Two years after implementation, we continue to see judges receiving more information and taking more time to make decisions about who will be detained and who will return to the community while awaiting trial. Today, these hearings last between 10 and 30 minutes, up from just two to three minutes before the law’s implementation. Everyone, regardless of the size of their bank account, can now enjoy the presumption of innocence required by law.

Many counties, both rural and urban, have sustained or furthered the reductions in pretrial jailing seen in the first year of the law’s implementation. In other counties, the number of people incarcerated pretrial is returning to the levels seen prior to the law’s implementation due to prosecutors aggressively seeking detention and judges who are happy to grant those requests. While it is unquestionably good that families in those communities no longer have to purchase the freedom of their loved ones, we must remember that ending money bond was our method, and increasing pretrial freedom was our goal. Throughout the next year, our Network will be courtwatching in jurisdictions across the state and working to ensure that the law is being followed and that our communities are seeing all the benefits that the Pretrial Fairness Act was intended to provide. 

As our coalition approaches the 10 year anniversary of our campaign launch in spring 2016, we remain as committed as ever to the success of this historic criminal justice reform and our mission of reducing pretrial jailing. We will continue walking the road to justice and will not be turned around by Donald Trump or anyone else seeking to roll back the progress we have made. The Pretrial Fairness Act is here to stay, and we look forward to other states joining us in ending the archaic and unjust money bond system.