In 2021, Illinois became the first state in the nation to end money bail by passing the Pretrial Fairness Act (PFA). In a nutshell, this piece of legislation does away with the practice of money bond, in which those charged with a crime must pay a certain fine to walk free before their trial. People invested in criminal justice reform have long called this practice “wealth-based incarceration” because it makes money the main factor in deciding if someone will be detained pretrial and disproportionately impacts Black and brown communities. 

However, the end of money bail doesn’t just close some of the criminal legal system’s wealth gaps. As an organization that serves victims of crimes and advocates for their rights, CAASE knows it will ultimately benefit survivors by better incorporating them into the pretrial process and helping clear their paths to justice. Here’s why: 

The PFA Addresses Reality Instead of Baseless Fears

Money bail policies exploit the anxieties of white, middle-class communities while promising them security from the imaginary danger of letting poor, nonviolent offenders return home pretrial. Opponents of criminal justice reform use fear-mongering rooted in racism and classism in defense of the status quo. They make false claims that changes—even the evidence-based reform of ending money bail—would hurt the community and victims. In reality, survivors are asking for change. Their lived experiences navigating the retraumatizing criminal legal system shaped the Pretrial Fairness Act. Another fact; 97% of defendants released pretrial in Cook County were not charged with a new violent offense, according to a 2020 Loyola University study. Money bail isn’t “criminal justice;” it’s punishment for being poor. Ending it is a step towards an equitable legal system. 

A System Based on Risk, Not Money

Our current system releases detainees back into the community if they have access to money for bail. It has little regard for the risk they actually pose and treats them as if they are inherently more deserving of freedom than someone who can’t pay up. Through our work with victims of sexual harm, we’ve seen how these procedures often dismiss survivors’ experiences and ignore their desires for accountability. 

In contrast, the new pretrial system distinguishes violent crimes from nonviolent acts and takes sexual harm seriously. Those accused of nonviolent violations can return home without the burden of posting bail, while suspects of forcible felonies (including domestic or sexual violence) will be detained after arrest. They can be held for up to 48 hours, providing the state with time to gather information and decide whether or not someone poses a threat to others. 

Victims of Gender-Based Violence Get a Say

Rather than setting bail somewhat arbitrarily and moving on to the next case, the PFA will require judges to evaluate whether a person should be incarcerated pretrial. Through this much-needed risk-based assessment of their case, survivors will be able to advocate for what they need to feel safe and secure. It’s a chance to be heard and respected in this process like never before. With more time, information, and meaningful opportunities for input from survivors about what it would mean for the person who harmed them to be released, judges will make more informed decisions about who needs to remain in custody.

The PFA also makes it harder for defense attorneys to call victims to the witness stand in detention hearings. Currently, the decision to allow victims to be called in detention hearings is generally at the judge’s discretion. Starting in 2023, the law will specify the legal standard and requires that the motion to hear from the victim only be granted if the defendant would be materially prejudiced. 

Most people currently held under money bond are nonviolent offenders and would not go through the pretrial process in the same way. This shift in policy and culture will refocus time, energy, and resources onto cases that pose a threat to public safety—including the security of survivors. It’s a desperately needed shift considering Chicago law enforcement’s ineffective response to victims of sexual harm.

Reform Backed by Victims, Allies, and Advocates

Organizations like CAASE eagerly support the end of money bail. In fact, we helped craft the Pretrial Fairness Act, alongside partners like The Network: Advocating Against Domestic Violence and the Illinois Coalition Against Domestic Violence (ICADV) because criminal justice reform is a critical part of countering gender-based violence. Ending pretrial incarceration based on wealth benefits us all and will profoundly impact those most harmed by sexual violence. Low-income, Black, and brown communities need policies like the PFA that acknowledge and seek to change classist, racist practices. 

The PFA replaces money with risk as the determining factor for pretrial incarceration and gives those charged with nonviolent crimes a chance to heal with their community—all while prioritizing the needs of survivors. It’s a true win for public safety. 

KT Hawbaker and Hayley Forrestal authored this piece with assistance from Madeleine Behr. Learn more about our staff here. You can also connect with CAASE on Facebook, Twitter, LinkedIn, and Instagram.