The Illinois SAFE-T Act, which includes the Pretrial Fairness Act, goes into effect on the 18th. The judicial systems in the state’s 102 counties will immediately “eliminate cash bail” in compliance with the new rules.IllinoisAs a result, it became the first state in the United States to legislate explicitly to abolish bail.
This new law has attracted widespread attention. Dozens of prosecutors across the state have challenged or even filed lawsuits against the law. However, in July of this year, the Illinois Supreme Court ruled in the entire case that “the revocation of cash bail did not violate the Illinois Constitution.”
Cook County Illinois State’s Attorney Kim Fox, who strongly supports the new policy, said that although she supports the new rules, she also acknowledged that once a person is released under the new system and immediately commits violent crimes, people will soon follow this new law. harsh criticism; McHenry County Prosecutor Patrick Kennelly was as vocal as ever in his criticism of the new system, saying that people will have to pay a heavy price as a result of this law.
Supporters of the elimination of cash bail say that cash bail does not guarantee that a released person will not commit another crime, but under the new law, if the suspect poses a danger to the public, prosecutors have the power to There would actually be more room to detain him earlier. trial. The most important thing about the new law is that “people awaiting trial will no longer have to stay in jail simply because they can’t afford bail.”the prison,
However, whether or not to detain a suspect depends almost entirely on the discretion of prosecutors and judges. Specifically, it is largely up to the prosecutor to prove to the judge whether or not the suspect should be detained within 24 to 48 hours of being arrested. ,
Researchers at Loyola University in Chicago estimate that about 37% of those arrested in Illinois, or about 70,000 people, are at risk of being detained, while only about 15,500 have actually been detained.
How will the process for determining whether a defendant will be detained before trial work after the new law comes into force? Under the bill, the state allows a judge to determine whether someone accused of a specific felony or violent misdemeanor poses a danger to an individual or the community at large, and whether the defendant’s release would create a flight risk. Is.
Alleged violent crimes including first and second degree murder, criminal assaultsexual harassment, robbery, burglary, aggravated arson, kidnapping, aggravated battery causing serious bodily injury, or other felonies involving the use or threat of physical violence. Additionally, the Bill has also been amended to include hate crime, custodial criminal attempt, animal cruelty and drunk driving causing grievous bodily harm in the list.
Defendants currently detained before trial will be heard one-by-one under the new law to decide whether they should continue to be detained. For people who have been charged with certain low-level crimes and are held in a detention facility, a hearing must be held within seven days of requesting a detention hearing.
People who are detained and determined to be a flight risk by a judge must have a hearing within 60 days of requesting a detention hearing; Detained suspects who pose a threat to public safety will receive a hearing within 90 days of requesting it.
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