Illinois will soon become the first US state to eliminate cash bail

Springfield, Illinois - Beginning in January, the state of Illinois will officially eliminate cash bail.

Illinois will officially become the first US state to abolish cash bail beginning in January, but opponents of the new bill are not happy.
Illinois will officially become the first US state to abolish cash bail beginning in January, but opponents of the new bill are not happy.  © IMAGO / Zoonar

Illinois state Governor J.B. Pritzker signed the SAFE-T Act into law last year, which will take effect at the beginning of 2023.

Instead of using the amount of money an individual does or doesn't have as the determining factor in whether they remain in jail after an arrest, judges will now have the final say.

The bill states that "detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight."

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According to the US Commission on Civil Rights, over 60% of defendants in jail are eligible for release, but lack the funds to make bail.

"The use of money as a determining factor in whether somebody is going to be in or out of jail before trial is really just an abhorrent practice," explained Cook County Public Defender Sharone Mitchell.

The legislation will hopefully mean fewer people will be held in jail while awaiting trial, and will even the playing field for minorities and those without financial stability – two groups that proponents of the bill have argued are disproportionately affected by the cash bail system.

The public reacts to the SAFE-T Act

While public officials and lawmakers have been enthusiastic about the bill, some members of the public are less enthusiastic. Misinformation has been running rampant on social media with many users accusing the legislation of allowing violent criminals to easily return to the streets following an arrest.

One user tweeted that cash bail reform "means Antifa and BLM can go into Illinois, burn cities to the ground, assault innocent victims, and spend zero time in jail while awaiting trial." Another user seemed to agree, replying, "shoplifters, muggers, carjackers, rapists, child molesters, drug dealers, and murderers will be released within 24 hours to go back and commit the same crimes."

Proponents for the legislation argue the financial state of an arrested individual shouldn't be a determining factor to whether they remain in jail or not. IllinoisPolicy.Org also states that while the SAFE-T Act is flawed, it does include "reforms to how policing is done in the state and how police officers are held accountable for misconduct."

The new bill will take effect on January 1, but will not mandate the release of those already in jail for specific offenses.

Cover photo: IMAGO / Zoonar

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