Jen Nagel Fisher
As we mark the anniversary of Illinois’ landmark Pretrial Fairness Act, it is important to recognize how this transformative law advances racial equity, especially for Black and Brown communities who are disproportionately affected by bail, incarceration, and drug criminalization.
For years, the justice system has targeted these communities, trapping individuals in pretrial detention simply because they cannot afford bail. Bail is a major driver of racial disparities, with Black and Brown people incarcerated at disproportionate rates for minor offenses compared to white people. The Pretrial Fairness Act would break this pattern and bring much-needed reform.
By eliminating cash bail, the Pretrial Fairness Act would remove a barrier that keeps thousands of people — most of whom have not been convicted of a crime — incarcerated for months or years simply because they lack the funds to post bail. This reform is not just about economic justice; it is a victory for racial justice, one that will keep families together and protect the lives of communities that have long been ravaged by over-policing and mass incarceration.
Pretrial reform is especially important for people who use drugs, many of whom are Black and Brown. Prisons have served as temporary treatment centers, but they are completely ineffective at treating them. People in prison are eight times more likely to use drugs than the general population, but are less likely to receive appropriate treatment. Incarceration is especially deadly for opioid users because they are forced to take and cannot access medication to treat opioid use disorder (MOUD). These people are at much higher risk of fatal overdose upon release, and the cycle disproportionately harms Black and Brown people.
In fact, drug overdose is the leading cause of death for people recently released from prison. One study found that people recently released from state prisons are 129 times more likely to die from an overdose than the general population. For inmates who use opioids, the risk is even higher. These tragic outcomes make it clear that prisons exacerbate, rather than mitigate, the dangers of drug use. And in Illinois, where sheriffs say facilities like the Lake County Department of Corrections are already severely understaffed, it’s difficult to provide even minimal care, let alone comprehensive treatment.
Critics argue that pretrial release prevents people from getting the help they need, and that incarceration is the best way to enforce abstinence or treatment. But research has found that forced treatment doesn’t produce lasting results. A 2016 meta-analysis found that mandating abstinence-based treatment doesn’t significantly reduce drug use or crime. In fact, it often leads to worse outcomes, including increased rates of fatal overdoses after release.
Prisons are inhumane environments that isolate individuals from the supports they need to recover. Enforcing abstinence in such environments does not address the underlying trauma and social conditions that drive drug use. Instead, people need voluntary access to community-based care, which is why the Pretrial Fairness Act, and its companion Pretrial Success Act, are so important.
The Pretrial SUCCESS Act represents a critical investment in voluntary, community-based services for people who use drugs and those with mental illness. Rather than incarcerating and dehumanizing individuals in prison, the SUCCESS Act enables comprehensive care in community settings by providing wraparound services like transportation, housing and child care. These life-stabilizing resources are key to promoting long-term recovery and stability, especially for people who are already marginalized by systemic racism and economic inequality.
This holistic approach recognizes that true equity cannot be achieved through punishment or incarceration. Black and brown people have long borne the brunt of drug prohibition policies, facing harsher sentences and less access to health care than their white counterparts. The Pretrial Fairness Act, coupled with investments in community health, represents a new way forward that prioritizes harm reduction and public health over criminalization.
But the work is far from done. While Illinois has taken important steps, it must continue to expand behavioral health services, overdose prevention programs, and harm reduction initiatives that prioritize those most affected by the criminal justice system. The state’s investments in these services are a model for other states to follow.
As we enter the second year of the Pretrial Fairness Act, we must remain focused on saving lives and addressing the systemic inequities that continue to harm Black and Brown communities. Eliminating bail is just the beginning. To achieve true justice, we must continue to advocate for life-saving reforms that invest in people, not punishment.
Justice demands that we dismantle the systems that criminalize poverty and perpetuate racial disparities. The Pretrial Fairness Act is a critical first step toward building a fairer legal system that respects human dignity and prioritizes health and safety over incarceration.
Jen Nagel Fischer (R-CPRS, IL-CRSS) is a person with lived experience and is the founder and executive director of The Porchlight Collective SAP, which serves hundreds of program participants monthly in the St. Louis Metro East area. They are experienced independent consultants, grassroots advocates, and subject matter experts on the integration of culturally responsive and trauma-informed harm reduction models. Jen has served as an expert reviewer for the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Office on Drugs and Crime, and the U.S. Substance Abuse and Mental Health Services Administration.
