Illinois eliminated cash bail altogether after the SAFE-T Act went into effect Monday. The state was able to do so after the state's Supreme Court ruled this summer that the new law is constitutional.
Rowe-v-Raoul-2023-IL-129248 by Williams Perdomo on Scribd
According to the law, the state will allow judges to determine whether individuals charged with a specific list of felonies and violent misdemeanors pose a risk to others or the community. Now, the burden will fall on the state to argue that the defendant is a threat.
As NBC Chicago explains, "forcible felonies include first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical violence."
Some counties are ready to implement the law immediately. "As our court system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success," said Cook County Board President Toni Preckwinkle.
The American Civil Liberties Union stated that:
Starting today someone will only be jailed pretrial if a judge determines their release would endanger others, or that there is a high risk they would flee. Not because they simply do not have enough wealth to buy their freedom.
Starting today someone will only be jailed pretrial if a judge determines their release would endanger others, or that there is a high risk they would flee. Not because they simply do not have enough wealth to buy their freedom.
— ACLU of Illinois (@ACLUofIL) September 18, 2023
