Illinois authorities ponder two years without cash bail, commemorating the anniversary of the Pre-Trial Fairness Act.
Two Years of the Pre-Trial Fairness Act in Illinois: A Contentious Debate
Two years ago, Illinois made history by becoming the first state to eliminate bond money as a condition for pre-trial release. The Pre-Trial Fairness Act, which was implemented, has since been a subject of intense debate among lawmakers and researchers.
The Act applies to a wide range of crimes, including those committed on public transportation (CTA), cases involving child pornography, assault weapons, and forcible felonies such as robbery, sex offenses, illegal possession of firearm, and domestic battery. Cook County State's Attorney O'Neill Burke includes violent crimes committed on the CTA, all child pornography cases, and anyone found with an assault weapon under the Act.
The Act has been criticized for its impact on crime rates. Some argue that it has contributed to an increase in reoffending, while others claim it has improved crime numbers in line with major cities. However, researchers at Loyola University's Criminal Justice & Criminology Department find reoffending cases to be rare.
Professor David Olson, Loyola University's Loyola Center for Criminal Justice co-chair, supports the Act. He states that most people accused of a violent offense have been detained before trial under the Act, a difference being that they no longer have to post money for release.
Cook County State's Attorney Eileen O'Neill Burke also supports the Act, stating that it prevents individuals from buying their way out of jail. She asserts that the Act is working in Cook County, with crime numbers significantly improving.
However, not everyone is convinced. Illinois State Rep. Patrick Windhorst and other Republican lawmakers are calling to repeal or alter the Act, arguing that it allows individuals charged with serious violent crimes to walk out of county jails without cash bail. Some Republican lawmakers are fighting to repeal or alter the Act.
The Act mandates that State's Attorneys must file a petition to detain someone under the Act. A judge makes the determination on whether to detain someone. The Act removes cash from the decision to detain someone, ensuring that wealth does not influence the decisions made about pretrial release.
The debate over the Pre-Trial Fairness Act is ongoing, with some lawmakers calling for changes to give judges more discretion. Representative Patty McGrath's appointment to evaluate the impact of the Act in Cook County remains unclear.
In conclusion, the Pre-Trial Fairness Act, which has been in effect for two years, aims to ensure a fair pretrial process by removing the influence of wealth from the decision to detain someone. While it has faced criticism, it has also been credited with improving crime numbers in Cook County. The debate continues as lawmakers weigh the pros and cons of the Act.
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