Pretrial Fairness Act takes effect Monday; here's what our elected leaders are saying on the eve of this occasion

Updated 9/18/23 to add new statment released by President Preckwinkle

In Rowe v. Raoul, 2023 IL 129248, the Illinois Supreme Court found Public Acts 101-652 and 102-1104 (eff. Jan. 1, 2023) to be constitutional, but stayed implementation of these measures for an additional 60 days, until September 18.

That's tomorrow.

One of the reasons for this delay was to give all judges and elected officials, even those who had argued against the constitutionality of these statutes, time to adapt and implement. While activists and academics and politicians dreamed these statutes up and got them on the statute books, it is the judges of our State who will be on the front lines of their implementation and who will be the first ones blamed if the wonders promised by the aforementioned activists, academics, and politicians do not materialize. But (while some judges had input and many support it) judges generally are not responsible for this new regime, they are merely responsible to follow it, as best they can, and as the new law permits.

In Cook County, of course, our most prominent elected officials have been foursquare behind the SAFE-T Act and the related Pretrial Fairness Act right from the start. They say they are ready -- and this means that they think we are ready, too -- for Monday.

Here is the press release issued Thursday by Cook County Board President Toni Preckwinkle celebrating the forthcoming elimination of cash bail:

On September 18, the Pretrial Fairness Act will take full effect in Illinois, eliminating the use of money bond and redesigning pretrial processes to increase transparency in release and detention decisions. Cook County stands ready to implement all aspects of the Act, including the new initial appearance and detention hearing processes.

Since the Pretrial Fairness Act was signed into law in February 2021 as part of the larger SAFE-T Act, Cook County’s court system stakeholders have been engaged in an unprecedented collaborative planning process to ensure Cook County is prepared to implement the law. As September 18th approaches, Cook County leaders remain united in their commitment to a successful launch of the new procedures and hearing process.

“As a result of nearly two years of thoughtful and collaborative preparation, Cook County is ready to implement the new procedures required by the Pretrial Fairness Act,” said Cook County Board President Toni Preckwinkle. “We are immensely proud of the collaboration that has brought us here and we stand united as we move into this new phase of increased pretrial fairness. As our court system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success.”

Cook County’s implementation planning process has centered on active participation and collaborative problem-solving. The process brought together representatives from each of the County’s criminal justice agencies to participate in consistent working groups alongside local law enforcement, advocacy groups and community representatives. Following implementation, the working groups will continue to meet to identify best practices and to ensure nuances and challenges are navigated quickly and collaboratively.

"With the elimination of cash bail, Cook County stands as a beacon of justice where decisions are made on safety, not dollars. Together, with all our agencies and community stakeholders, we are confident in the successful rollout and the enduring positive impact of the Pretrial Fairness Act," said Cook County State's Attorney Kim Foxx.

“The judges and staff of the Circuit Court of Cook County are fully prepared to fairly implement the requirements of the Pretrial Fairness Act. We will work with all stakeholders, as well as with litigants and lawyers who appear before us, to follow the law and both ensure justice for the accused and promote safety in the community,” said Cook County Chief Judge Timothy C. Evans.

“As we embark on the historic implementation of the Pretrial Fairness Act here in Illinois, our office is fully prepared and will continue to engage and participate in the collaborative planning process with all of our criminal justice partners to ensure there is a successful outcome. We remain committed to serving the residents of Cook County and the participants in the judicial system in an efficient, equitable, and ethical manner,” said Clerk of the Circuit Court of Cook County, Iris Y. Martinez.

Following the Illinois Supreme Court’s July 18 decision upholding the Pretrial Fairness Act, Cook County’s criminal legal system agencies actively reengaged staff in meetings, trainings and interagency court scenario walkthroughs. These efforts have helped ensure countywide preparedness for implementation by allowing court stakeholders to collaboratively troubleshoot new processes and confirm logistical details.

“The Cook County Public Defender’s Office welcomes this new day of greater pretrial fairness for the clients we represent. We are proud of the extensive interagency efforts to prepare the county’s criminal legal system for implementation of the law. Our office has created a Pretrial Division to staff Initial Appearances and Detention Hearings, and our expert criminal defense attorneys and other staff are fully trained in the law and the new processes,” said Cook County Public Defender Sharone R. Mitchell, Jr.

“The full implementation of the Pretrial Fairness Act does not simply end the use of money bond as a condition of pretrial release, but it initiates a more equitable pretrial process designed to be more fair, transparent and effective,” said Avik Das, Executive Director of the Justice Advisory Council. “As we transition to the implementation phase, we will continue to work closely with Cook County’s court stakeholder agencies as well as partners from the research, advocacy and system-impacted communities. We will continue to observe and improve how our system functions, to best serve the residents and communities of Cook County.”

This month, Illinois becomes the first state to completely end the use of money bond and adopt a more equitable system for pretrial detention grounded in safety, not access to money. Under this system, money will no longer be a condition of release. Good faith participation in our planning process and a strong commitment from leaders and staff at all levels, have enabled our agencies to come to this moment feeling confident and prepared to implement the Pretrial Fairness Act. Cook County leaders are proud to stand united and are committed to working together to ensure successful implementation of the new procedures in the coming weeks and beyond.

Adding... statement issued by President Preckwinkle on September 18:

The full implementation of the Pretrial Fairness Act and the end of money bond is a critical milestone on the path toward economic and racial justice in Cook County and Illinois. This important reform is long overdue. Today, we finally end the harmful practice of wealth-based pretrial incarceration and welcome a new system that centers community safety to better guarantee equal justice for all.

In the last ten years, Cook County has made significant progress in addressing mass incarceration and advancing pretrial fairness. We safely decreased the population of Cook County jail, limited the use of money bonds and increased investments that support residents and communities most impacted by crime, violence and incarceration. The implementation of the Pretrial Fairness Act is the next step on this journey.

I am immensely proud of the intentional collaboration that has brought us to this day. I stand in solidarity and support of our court system stakeholders and system impacted residents and communities as we implement the new court procedures and move into this new phase of increased pretrial fairness.