It’s been one year since Illinois took a historic and courageous step toward reforming our criminal justice system by implementing the Pretrial Fairness Act and eliminating the use of cash bail. We were the first state in the nation to completely eliminate the role of wealth in pretrial release and detention decisions, and one year later, we can say we succeeded.
As we reach this important milestone, we must recognize the profound impact of what we have accomplished and commit to further advancing justice and fairness in our criminal justice system.
The elimination of bail was not just a legislative action about changing legal procedures. It was a movement centered on rethinking principles of fairness and justice in the criminal justice system. Achieving this massive reform took years of dedicated effort and coalition building across diverse stakeholder groups, from public defenders and prosecutors to crime victims and labor union members. And we must not forget the ordinary citizens of Illinois who drove this effort to boldly challenge the status quo. We lawmakers were inspired by millions of Americans protesting the police killings of George Floyd, Breonna Taylor, and countless others, and joined that call in 2021.
We are very proud of the work we’ve accomplished in the Legislature, but even prouder that this was a movement by Illinoisans, for Illinoisans. Their vision for a fairer pretrial system shaped the Pretrial Fairness Act into what it is today, and we had the honor of passing it into law.
Before the Pretrial Fairness Act, bail served as a common tool for inequality, disproportionately impacting Illinoisans who could least afford it. Bail often led to pretrial detention based solely on how much money was in your bank account. If you were rich, you could pay bail and get out of jail, no matter how heinous the crime. If you were poor, you could be locked up while awaiting trial for even the most minor crimes, simply because you didn’t have a dollar.
Not surprisingly, the majority of people forced to remain in jail because they could not afford bail were people of color. According to a report from Loyola University Chicago, black people made up 50% of prison inmates in Illinois in 2019, nearly four times their share of the state’s population. Incarceration by the wealthy not only led to more poor black people being jailed before trial, it also led to more of them pleading guilty. People held pretrial on bail they could not afford were often forced to make the seemingly impossible choice of pleading guilty to get out of jail and get back to their lives, or remaining in jail awaiting a trial that may take months or years to come.
Research shows that the inability to afford bail is a significant driver of racial disparities in guilty pleas. Pretrial detention for even a few days leads to serious instability, including loss of employment, housing, and even custody of children. It is not surprising, then, that pretrial detention leads to harsher sentences and an increased risk of future arrest.
Eliminating bail entirely may seem revolutionary, but it’s also common sense. Our new system prioritizes public safety over wealth and allows judges to make individual decisions about whether to release or jail someone. That’s how justice is supposed to work.
Yet many believed it was impossible, and some fought tooth and nail to stop us. They claimed the sky would fall, criminals would take over the cities, and chaos would reign. They were wrong.
In the end, replacing a broken tough-on-crime system with smart policies against violence has proven effective. Prison populations across the state have fallen, and people are able to keep their lives — jobs, housing, families — while their cases are pending. This stability makes us all safer. Not only have the crime waves opponents predicted never happened, but Chicago is actually seeing a decrease in homicides compared to last year. This just proves that we can take steps to end mass incarceration while maintaining public safety.
Eliminating bail is more than a moral victory; it’s also good for our economy. For decades, pretrial detention has taken resources away from poor, primarily Black and Brown communities, pushing families further into poverty. From 2016 to 2020, Illinoisans spent approximately $121 million to $154 million annually on bail. That money now stays in our communities, helping families build economic stability and ultimately improving lives and public safety.
The Pretrial Fairness Act is founded on the principle that it should be justice to evaluate individuals awaiting trial based on public safety, not on the balance in their bank accounts. The Pretrial Fairness Act underscored Illinois’ commitment to the principle that justice cannot be bought or sold. The abolition of bond money was a landmark reform, and its anniversary should be celebrated.
Yet our work is far from done: We must protect the Pretrial Fairness Act and continue to push for additional reforms that address other important aspects of our justice system, including strengthening diversion programs, improving access to drug treatment and mental health services, and ensuring that all Illinoisans have access to quality public defense when they need it.
Together, let us build on this victory and work towards a future where justice is accessible and equitable for all.
State Senator Robert Peters represents District 13. State Representative Justin Slaughter represents District 27.
Submit your letter of 400 words or less here or email it to letters@chicagotribune.com .
