Cash Bail Illinois Supreme Court

Cash Bail Illinois Supreme Court

The Illinois Supreme Court’s recent decision to uphold the Pretrial Fairness Act, effectively abolishing cash bail, marks a significant transformation in the state’s criminal justice system. This comprehensive article will delve into the various aspects of the ruling, exploring its impact, the legal battles that preceded it, and the broader implications for the justice system both within Illinois and potentially across the United States.

The Ruling and Its Immediate Effects

The landmark ruling by the Illinois Supreme Court makes Illinois the first state to eliminate cash bail. The Court upheld the Illinois Pretrial Fairness Act, which specifies that cash bail is no longer a prerequisite for pretrial release. Under this act, the burden is on the government to prove why an individual should be detained, ensuring that everyone is eligible for pretrial release​​​​.

Despite facing multiple lawsuits, primarily from law enforcement officials, the Supreme Court rejected claims that abolishing cash bail violated constitutional rights to bail, victims’ rights, and separation of powers. The Court clarified that ‘bail’ does not necessitate money, and the abolition of cash bail does not harm victims but instead requires judges to consider safety risks and notify victims of bail proceedings​​​​.

Addressing Misconceptions and Public Safety Concerns

The abolition of cash bail is seen as a step that improves public safety. By allowing individuals to return to their communities instead of remaining incarcerated simply because they cannot afford bail, the stability of these individuals is likely to make communities safer and stronger. The act comes into effect on September 18, and anyone jailed under a cash bail order will receive a release hearing under the new law​​​​.

National and International Perspectives

The decision has been lauded as a major victory for civil rights activists and is seen as addressing a deep-seated inequity in the justice system. It has been argued that the cash bail system, which disproportionately affects racial minorities and the economically disadvantaged, violates both the U.S. Constitution and international laws that the United States has ratified​​​​.

The New Framework and Its Challenges

Illinois’ new law replaces monetary bail with a default rule that allows for release before conviction, barring serious felonies or flight risks. This change has faced over 60 legal challenges, mostly from Republican prosecutors and sheriffs, who argue that it puts dangerous individuals back on the streets. However, research suggests that localities with bail reform have seen a slightly lower increase in homicide rates and that bail reform in Cook County had no effect on crime rates while saving residents millions in bail payments​​​​​​.

Legal and Constitutional Debates

The case was brought to the Illinois Supreme Court following a Kankakee County circuit court’s decision that the bail reform laws violated the Illinois Constitution. The Supreme Court, however, dismissed this interpretation, emphasizing that the bail clause of the Constitution does not specify monetary bail and that the reforms take crime victims into account while respecting the legislature’s authority to regulate the bail system​​.


Q: When does the abolition of cash bail take effect in Illinois? A: The new law takes effect on September 18, after which individuals currently held under cash bail will be entitled to release hearings under the new regulations​​.

Q: Will abolishing cash bail affect public safety? A: Research suggests that abolition of cash bail can improve public safety by maintaining community and family stability for individuals who would otherwise be in jail due to an inability to pay. It has not been shown to increase crime rates​​​​.

Q: Does the abolition of cash bail violate the rights of crime victims? A: The Illinois Supreme Court found that the new law does not harm victims but requires that judges consider safety risks to victims and provide them with notice of bail proceedings​​.


The Illinois Supreme Court’s decision to uphold the abolition of cash bail represents a pivotal moment in criminal justice reform, reflecting a shift towards a more equitable system that prioritizes justice over financial means. This ruling could serve as a model for other states and nations grappling with similar issues of inequity and injustice within their legal systems.


By Carol Cooperman