(The Center Square) – With the abolishment of cash bail coming to an end in Illinois Monday (Sept. 18), the debate continues on what the effects will be on victims, particularly of domestic violence.
Under the new law as part of the controversial SAFE-T Act upheld by the Illinois Supreme Court two months ago, if a judge decides a defendant does not pose a public safety risk, then they will be released pending trial.
“This act limits our judges from using their full discretion on determining pre-trial conditions, making it difficult to combat violence within our communities,” Erica Harriss, R-Glen Carbon, said in a statement. “Ultimately, the poorly written SAFE-T Act is a reckless rewrite of our criminal justice system that puts victims and Illinois citizens at increased risk.”
Reform advocates have said that cash bail unfairly punishes poor defendants by keeping them behind bars before trial because they can’t afford to pay their bail.
“I’m in charge of a state’s attorney’s office that will now be more accountable about whether or not it is seeking to detain individuals, and that can be uncomfortable,” Lake County State’s Attorney Eric Rinehartsaid. “Transparency and accountability are uncomfortable, that’s the nature of open government.”
Madeleine Behr with the Chicago Alliance Against Sexual Exploitation said during a virtual news conference Wednesday that under the Pretrial Fairness Act portion of the SAFE-T Act, victims will be notified that they can file for protective orders.
“So we really think the impact is going to be now that victims are more aware of their right and ability to get a protective order they will likely seek that,” said Behr. “There’s more remedies and more ways to be safe.”
State Sen. Terri Bryant, R-Murphysboro, said a total of $2.5 million in bond money was applied to restitution in 2021. With bond money no longer available after Monday, it’s unlikely those awards will ever be collected and be provided to the victims.
“If you have someone who doesn’t have money but they did have bond they were able to put up, at least the victim could get some of that restitution paid,” Bryant told The Center Square.
Illinois will become the first state in the nation to entirely eliminate cash bail.
