The Pretrial Fairness Act (PFA) supports the meaningful inclusion of survivors and their needs in the pretrial process. Despite this truth, those who oppose the PFA continue their attempts to mislead the public about this law’s historic criminal legal reforms.

Here, we explain the facts and address some deceptive myths about the PFA that concern survivors of sexual harm. These myths attempt to erase the collective work of survivor advocacy organizations like CAASE, who helped draft the law from a survivor-centered perspective and continue supporting its implementation.

Fact: The Pretrial Fairness Act Prioritizes Public Safety

Opponents of the law falsely claim that the end of money bail threatens public safety. The truth is that the Pretrial Fairness Act improves our current system. By eliminating money bail, people who cause harm can no longer buy their way out of jail. 

The PFA prioritizes the safety of survivors and communities. It requires that a person charged with a violent crime appear before a judge for a comprehensive, evidence-informed, and risk-based assessment to determine if they will be released. The accused person will be jailed if the judge finds that they pose a “real and present threat” to an individual or the community.

The PFA also makes progressive changes to the pretrial process for low-level, nonviolent charges, like jaywalking. It creates clear standards for violations that would not require a detention hearing. This way, people who pose no threat to public safety are simply issued a ticket, reducing unnecessary arrests. The change frees time and resources so law enforcement and the courts can appropriately focus on violent crime and act in the interests of community safety.

Fact: The Pretrial Fairness Act Improves the Pretrial Process for Survivors

Opponents of the law falsely claim that the PFA endangers survivors of gender-based violence. The truth is that the law was created with victim-centered protections in mind. It corrects the current system, which often fails to notify survivors that their perpetrators will be released.

The Pretrial Fairness Act entitles survivors to timely victim notification before any detention hearing about pretrial release. This notice provides a survivor with adequate time to create a plan for their safety. The PFA also grants survivors more opportunities to file for protective orders (such as an order of protection, civil no-contact order, or stalking no-contact order) at each court date.

The PFA critically stipulates that individuals charged with crimes related to domestic and sexual violence are held for up to 48 hours. Before any release decision, a judge can thoroughly evaluate the case and the defendant. A defendant cannot be released if a judge determines they pose a specific threat to a survivor or public safety.  

Equally important, survivors will no longer be arbitrarily required to testify at detention hearings. The PFA establishes transparent legal rules limiting the condition of a survivor’s testimony to circumstances that would materially prejudice the defendant.

Fact: The Pretrial Fairness Act Can Help Keep Survivors’ Families Together Pretrial

The comprehensive court review process under the PFA can assist families by carefully considering the context of sexual harm. When gender-based violence occurs, survivors are sometimes criminalized for defending themselves or engaging in strategies that help them and their families meet their basic needs. Between 70 and 90% of incarcerated women have experienced physical, sexual, or emotional abuse.

In the current system, people who pose no threat to public safety are ripped away from their families if they cannot afford money bail. They remain jailed despite not being convicted of a crime. This disproportionately impacts survivors from communities of color and low-income individuals. Just 72 hours in jail can increase a person’s likelihood of being unemployed one year after incarceration. Previous jail time also decreases a person’s yearly income by almost 40%.

Under the PFA, a survivor’s case can be assessed carefully and consider the impacts of gender-based violence so that survivors are not wrongfully jailed pretrial.

Fact: The Pretrial Fairness Act is a Win for Survivors and Their Communities

The Pretrial Fairness Act assists survivors in the criminal legal process, prioritizes public safety over wealth, and is championed by a broad coalition of supporters across Cook County and Illinois. The PFA also creates a standard data collection and reporting process that promotes transparency and systemic accountability. This information will allow court system actors and advocacy organizations like CAASE to evaluate how the law is working. This effort will foster equity in the legal system so that more survivors can access safety.

We will continue to work with survivor advocates and allies to implement the Pretrial Fairness Act because it promotes justice for survivors, families, and communities.

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This piece was published on November 4, 2022. It was authored by Tayler Mathews with assistance from Hayley Forrestal. Learn more about our staff here.