Ending Money Bond and Reducing Pretrial Incarceration Will Make Our Communities Safer
When the Pretrial Fairness Act goes into effect in 2023, it will transform the legal system and dramatically reduce the number of people incarcerated while awaiting trial. This historic legislation restores the presumption of innocence and makes Illinois safer.

Limiting Incarceration Reduces Crime & Keeps Families Together
Incarceration has never been an effective public safety strategy; it disrupts people’s lives in ways that destabilize families and communities and make us less safe. Forcing people to remain incarcerated while awaiting trial has devastating effects on their housing, jobs, education, mental health, and more. The negative consequences of pretrial incarceration ripple out and affect entire communities.
- People incarcerated for as little as 72 hours are 2.5 times more likely to be unemployed one year later, and past incarceration reduces annual income by as much as 40%.
- Pretrial incarceration can make people more likely to be arrested in the future, even when they are found innocent.
Limiting pretrial incarceration allows people to maintain relationships, jobs, and stability in their lives while awaiting trial—and our communities will be safer as a result.
Incarceration has never been an effective public safety strategy; it disrupts people’s lives in ways that destabilize families and communities and make us less safe. Forcing people to remain incarcerated while awaiting trial has devastating effects on their housing, jobs, education, mental health, and more. The negative consequences of pretrial incarceration ripple out and affect entire communities.
- People incarcerated for as little as 72 hours are 2.5 times more likely to be unemployed one year later, and past incarceration reduces annual income by as much as 40%.
- Pretrial incarceration can make people more likely to be arrested in the future, even when they are found innocent.
Limiting pretrial incarceration allows people to maintain relationships, jobs, and stability in their lives while awaiting trial—and our communities will be safer as a result.
Finances Will No Longer Determine Freedom
Currently, the primary factor determining whether someone is free pretrial is the amount of money in their wallet, not public safety. The Pretrial Fairness Act takes money out of the picture and replaces it with a new process where the decision regarding whether a person can return to their community while awaiting trial will be made by a judge through a fair and robust hearing process. By considering the specific circumstances of every case instead of relying on access to money to make release determinations, the Pretrial Fairness Act makes communities safer.
Currently, the primary factor determining whether someone is free pretrial is the amount of money in their wallet, not public safety. The Pretrial Fairness Act takes money out of the picture and replaces it with a new process where the decision regarding whether a person can return to their community while awaiting trial will be made by a judge through a fair and robust hearing process. By considering the specific circumstances of every case instead of relying on access to money to make release determinations, the Pretrial Fairness Act makes communities safer.
Reducing or Eliminating Money Bail Has Not Caused A Rise In Crime
No state or city has seen a rise in crime as a result of reducing or eliminating their use of money bail. Cook County, New York City, Washington, DC, Philadelphia, New Jersey, and the federal court system have all drastically reduced or eliminated money bail without any significant increase in people missing court or being rearrested while awaiting trial. There is NO widely accepted evidence that shows money bail improves public safety or court appearance rates, yet there are many studies showing bail reform has no negative impact on crime or court appearance rates.
No state or city has seen a rise in crime as a result of reducing or eliminating their use of money bail. Cook County, New York City, Washington, DC, Philadelphia, New Jersey, and the federal court system have all drastically reduced or eliminated money bail without any significant increase in people missing court or being rearrested while awaiting trial. There is NO widely accepted evidence that shows money bail improves public safety or court appearance rates, yet there are many studies showing bail reform has no negative impact on crime or court appearance rates.
