The SAFE-T Act and Elimination of Cash Bail in Illinois

One year after Illinois became the first state in the nation to abolish cash bail, the consequences are clear—public safety is being compromised, and the system is failing the very people it was supposed to protect. The implementation of the Pretrial Fairness Act, which went into effect on September 18, 2023, has sparked significant concern among citizens and law enforcement. The act has left communities vulnerable and undermined the authority of the courts to hold dangerous criminals accountable for their crimes.

The SAFE-T Act, passed in January 2021 and later signed by Governor J.B. Pritzker, was touted as a step toward fairness. The SAFE-T Act’s original version was 700 plus pages of what advocates called reform, but in reality, it placed unfunded mandates on law enforcement and placed criminals above crime victims. One portion of the SAFE-T Act, the Pretrial Fairness Act, abolished cash bail in Illinois. Proponents argued that eliminating cash bail would prevent poor defendants from languishing in jail simply because they couldn’t afford to pay for their release. But this idealistic vision has come at a steep price for law-abiding Illinoisans. By removing cash bail as a tool for judges, the law ties the hands of law enforcement and courts, making it harder to detain potentially dangerous individuals awaiting trial.

Under the new system, judges can only detain defendants for certain felony offenses if they are deemed to pose a direct threat to the community or are likely to flee. But what about those charged with serious but non-violent crimes? Defendants charged with other non-violent felonies are often now released back into the community. This dangerous gap has led to repeat offenders walking the streets while awaiting trial, putting the public at greater risk.

Critics of the Act have consistently warned that this reform prioritizes criminals over victims. By eliminating cash bail, the law ignores the rights of crime victims and disregards the concerns of communities already plagued by high crime rates.

The reality is that crime in Illinois is on the rise. House Republicans have time and time again pointed out that violent crimes like shootings, carjackings, and burglaries continue to increase, yet the Act seems more focused on protecting the rights of offenders than the safety of the community.

Another glaring oversight of the Pretrial Fairness Act is its impact on local court systems. In smaller counties, which lack the resources and infrastructure to handle the increased demands of the new pretrial detention system, the law has created chaos. Judges now face the burden of conducting more complex pretrial hearings placing an unfunded burden on the court system and the community. The act has not only tied the hands of law enforcement but also overburdened local judicial systems that are already operating on thin margins.

State Representative Wayne Rosenthal made this statement:

The House Republican Truth in Public Safety Working Group met throughout 2023 and 2024 to craft and introduce legislative reforms in response to the abolishment of cash bail provisions in the SAFE-T Act. The following bills were filed in an effort to improve public safety, none were permitted a public hearing by the Democrat-controlled House of Representatives.

HB 5120 (Windhorst – Ugaste – Grant – Cabello) – Expansion of detainable offenses.
Under HB 5120, courts would be able to deny a defendant pretrial release in the following situations:

1. If the defendant is charged with a felony offense and the defendant’s pretrial release poses a threat to the safety of any individual.
2. The defendant is charged with a felony offense and has a high likelihood of willful flight to avoid prosecution; or
3. The defendant has been convicted of two or more of the same felonies or misdemeanors and either 1 or 2 above are true.

HB 5121 (Friess – Grant – Ugaste) – Revocation of Pretrial Release.
A defendant on pretrial release for any offense shall have their pretrial release revoked if the defendant is charged with a new offense that occurred during their pretrial release, regardless of the classification of offense.

HB 5126 (Windhorst – Grant – Ugaste) – Warrant for failures to appear instead of summons.
Reverts back to pre-SAFE-T Act processes where the court would issue a warrant for a defendant’s failure to appear in court.

HB 4052 (Ugaste – Grant – Windhorst)
Reinstates cash bail as recommended by the Illinois Supreme Court Commission report. Creates a hybrid system that has a presumption of release but allows for cash bail or detention.

Are we any Safer?
So, a year after the implementation of the abolishment of cash bail, are we any safer? The headlines tell the story… Illinois SAFE-T Act diminishes public safety:

• In Chicago, nearly 20 percent of felony arrests are people already on pretrial release for other cases
• Joliet robbery defendant was on pretrial release under SAFE-T Act
• Kankakee County: Bradley Man Accused of Peeping Into Homes Faces Charges
• Kenneally: Data show an increase in crime after the SAFE-T Act’s implementation among those on bond

As you can see from the headlines above, the SAFE-T Act’s abolition of cash bail has proven to be a reckless gamble with public safety. By prioritizing the rights of criminals over the safety of victims, Illinois has set a dangerous precedent that other states should not follow. Cash bail, while not perfect, served as an important tool for ensuring that those awaiting trial were held accountable. Without it, Illinois risks turning its communities into havens for repeat offenders.

If Illinois is to restore trust in its justice system, it must revisit and amend the SAFE-T Act. Reform should be about balancing fairness with safety, not swinging the pendulum so far that the scales tip in favor of criminals. Illinois deserves better—and so do its citizens.