On September 18, 2023, any criminal incarcerated under the cash bail will be set free until they have to appear before a judge for their trial. The cash bail was something judges would set during a hearing so a person would be stuck in a holding cell prior to the date of their trial, unless they, or someone else, paid their bail to release them.
The Illinois Supreme Court says that “bail” doesn’t always mean money. While there are different forms of bail, the cash bail is one of the more commonly used ones. They also claim that it does not harm the victim of the crime, if there happens to be any. Victims of the crime also have to be notified by judges about the type of bail the defendant is getting. Judges can still apply the cash bail if they see fit for individual cases, such as, if the defendant seems too dangerous or is likely to flee. However, Justice David Overstreet and Justice Lisa Holder White both dislike the new rule; they believe it goes against constitutional rights.
Some believe this new law is helpful for the state and communities. It helps those who cannot afford their cash bail be released home to continue to do school, work or take care of children. On the other hand, The Illinois Fraternal Order of Police believes this is a bad thing, considering it sets free those with heavier charges. The FOP also speaks out about how criminals are likely to commit another crime within hours upon their release. There is a concern from parts of the public about walking the streets alongside the more violent offenders.
Senior Aaron Sprindys has something to say about the situation. “I support the Pretrial Fairness Act because it makes the Illinois justice system more equitable for everyone. By making money no longer required for freedom,” he also says, “I think it will impact Illinois in a positive way. It will allow non-violent offenders to continue working and taking care of their families before their trial.” Aaron also believes that other states will follow soon after Illinois. And his answer to the question on whether or not criminals will act more calm and respectful during their hearings in order for the judge to not impose the cash bail is simple. He replies, “I do think so because the law is now on their side.”
Fireman Jacob Casanova from the Joliet Fire Department has a differing opinion on the topic. He believes it is not such a good idea “because then you’re just going to let the criminals back on the streets sooner.” He says this because, like the FOP, “It’s gonna let more criminals back on the streets sooner to commit more crimes.” Casanova also hopes that other states will not follow behind Illinois, but he feels some might. For his answer to the question, do you think criminals will act more calm and respectful during their hearings in order for the judge not to give them cash bail, he states, “yes. They will want to seem like better people than what they are.”
Illinois can wave goodbye to the cash bail and those with it hanging over their heads can wave the streets “hello” for some time again.