On January 1, 2023, Illinois will become the first state to test out a new law ending cash bail, or payments imposed by a judge, as a condition of a person’s release pending trial. This law is a part of the “Safe-T Act”, a wide-ranging criminal justice bill Illinois lawmakers passed in 2021.
Professor Lauryn Gouldin addressed the new law with AP News, explaining that it doesn’t create a new classification of “non-detainable” offenses. Suspects can still be jailed on pretrial if they are considered a public safety risk or likely to flee to avoid criminal prosecution.
The new law states, “Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight.”