One Year of Pretrial Fairness and Improved Victims’ Rights
It’s been one year since the implementation of the Pretrial Fairness Act in Illinois, which ended the use of money bond in pretrial release and detention decisions. It’s been a transformative change for our pretrial legal system. It prevents nonviolent criminal defendants from being held pretrial simply because they can’t afford a money bond. The law also requires prosecutors to notify victims of all court hearings and expands their ability to get a protective order. While the new system is only one year in, we’re proud to have been involved in the successful and ongoing implementation here in Cook County.
The system now sets out a different hearing process: first appearance hearings and detention hearings. After a person has been arrested, they will have their first hearing before a judge within two days. This is known as an “initial appearance hearing.” After an initial appearance hearing, a second hearing known as a “detention hearing” can take place. This is where prosecutors can make the case, through a motion called a “petition for detention,” that the accused person is a risk to a survivor, public safety, or both, and should remain detained pretrial.
How the Pretrial Fairness Act Works in Cook County
We at CAASE are proud of the progress our community has made locally to make this implementation successful. Here are some statistics about how the new law is playing out in Cook County, from Sept. 18, 2023, through Aug. 24, 2024:
- Of all felony cases held for first appearance court, prosecutors filed petitions to detain in 26 percent of those cases. For all criminal cases, both misdemeanor and felonies, prosecutors filed petitions in 18 percent of cases.
- Of the detention petitions that were filed by prosecutors for those felony cases, 60 percent of those petitions were granted – meaning a person was found to be enough of a risk to the public or a survivor that they were jailed pretrial.
- Of the detention petitions that were filed by prosecutors for all domestic violence cases (both felony and misdemeanors), 42 percent of those petitions were granted.
- 87 percent of defendants who are released pretrial have not picked up a new criminal case while on release
- 96 percent of defendants who are released pretrial have not picked up a new violent offense criminal charge while on release
These figures remain similar to outcomes we saw under the previous pretrial system with limited bond reform – demonstrating we can have a criminal legal system focused on risk and safety, without incarcerating people pretrial based on whether they have money in their bank accounts.
What’s Next for CAASE and the Pretrial Fairness Act
The work to ensure the system functions correctly under the law, and that prosecutors and judges make the correct decisions about detention, continues. For example, CAASE is a member of multiple working groups centered on the process of victim notification by prosecutors’ offices. Our goal is to ensure victims are being notified of court hearings, and have an opportunity to advocate for themselves and what safety means for them.
We also continue to advocate for increased data gathering and publication about how the implementation process is going. While the above statistics are a great start to understand the system overall, the anti-sexual assault community is still lacking in specific data about how sex crimes are being handled at the pretrial level. We’d like to know, for instance, how often prosecutors file petitions for detention and how often judges grant them. We also continue our community education work, like presenting to organizations locally in Chicago, as well as presenting this policy project to national audiences of victim advocates and law enforcement.
Most critically, the Pretrial Fairness Act set Illinois on a path in being leaders in criminal justice reform. We’ve replaced money with risk as the determining factor for pretrial jailing and given 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.
Learn More About the PFA and Survivor Advocacy
The Pretrial Fairness Act (PFA) is an important step toward equity for survivors and a meaningful reform of the criminal legal system. Be sure to follow us @theCAASE on Twitter, Instagram, and Facebook for the latest information about the PFA and CAASE’s advocacy for survivors of sexual harm. You can also read more about the PFA in our past blogs.
CAASE published this piece on Sept. 6, 2024. It was authored by Madeleine Behr, and edited by Tayler Mathews and Lizzy Springer. Learn more about our staff here.
