Supporters of cashless bail still fighting ‘campaign of misinformation’

JOLIET – Supporters of a state law that abolished cash bail in Illinois still are contending with what one legal expert called a “campaign of misinformation” and “outright lies” that may ramp up again during the current election year.

As part of an effort to fight misinformation about the Pretrial Fairness Act, a coalition known as the Illinois Network for Pretrial Justice conducted a presentation about the law Saturday at Universalist Unitarian Church of Joliet. The Pretrial Fairness Act is part of a larger criminal justice reform law called the SAFE-T Act.

Although in 2023 Pretrial Fairness Act eliminated cash bail for people charged with crimes, prosecutors and judges still have the power to keep those charged with violent offenses locked up. The law won support from criminal justice reform advocates who said the previous pretrial system unfairly punished underprivileged people charged with less serious crimes.

Ben Ruddell, director of criminal justice policy for ACLU of Illinois, and Katrina Baugh, west suburban organizer for The People’s Lobby, were the presenters at the event.

Ruddell said he’s seen “encouraging signs” that the Pretrial Fairness Act has led to a substantial decline in jail populations without a corresponding spike in crime. Baugh said the jail population in Will County has shrunk from 601 inmates to 478 since the law went into effect.

However, the law still remains subject to a “campaign of misinformation and just outright lies,” Ruddell said. The SAFE-T Act became a flashpoint during the 2022 Illinois gubernatorial race. Dan Proft, a conservative operative, used newspapers to provoke what Ruddell said was “fearmongering and misinformation” about the Pretrial Fairness Act.

“All indications they are gearing up for round 2 in this election,” Ruddell said.

Another challenge has been the lag in data collection by Illinois courts, as reported by the Better Government Association. Some of that data includes the number of pretrial detention hearings, how many end in detention or release and whether those who are released appear in court.

“As we move forward, one of the things we really need to do is pressure the courts to comply with this mandate,” Ruddell said.

Ruddell said that without good data, it will be difficult to hold the courts accountable and to further refute misinformation about the law.

“In order to debunk that misinformation and to really show that this law is working as it supposed to be, we need to have our courts collect and report reliable data,” he said.

Ruddell said the previous pretrial system wasn’t necessarily designed for public safety but rather was a form of “wealth-based punishment,” as many defendants were stuck in jail because they didn’t have enough money for their release. The majority of those people end up taking a plea bargain to get out of jail.

“This happens in cases where people have valid defenses. … But they just can’t stand another day apart from their family,” Ruddell said.

Ruddell said in Illinois, a defendant is entitled to receive only 90% of their bail money back, regardless of the outcome of the case, and rest of the money is deducted through fines, fees and financial assessments. Ruddell said the money of people who are presumed innocent of the charges against them goes to funding the court system.

“The court system benefits us all. We shouldn’t be depending on arresting a certain number of people and making them pay money in order to have a functioning court system,” Ruddell said.

Under the new system, a person’s release after an arrest is considered the norm while detention is the “carefully limited exception,” Ruddell said.

Ruddell said detention is “not automatic” but rather a “case-by-case individualized finding” by a judge. If a judge determines a defendant poses a danger to someone or is a willful flight risk, they will determine if there are conditions of release that would “adequately mitigate those risks.”

“Just because somebody is released pretrial doesn’t mean they can do whatever they want. The court generally imposes some conditions that people have to comply with,” Ruddell said.

Ruddell said some members of the Illinois Network for Pretrial Justice are working on legislation to help defendants access resources that help them navigate the court system and receive treatment for mental health and substance use issues.

He said he supported revamping the public defense system in Illinois so more people have access to legal representation.

Baugh noted the historical significance of Illinois being the first state to abolish cash bail.

“We are setting the tone for how this could happen across the rest of the United States,” she said.