Illinois Governor J.B. Pritzker signed HB 3653 into law on February 22, 2021. The law has been described as the most sweeping reform of the state’s criminal justice system. In addition to ending cash bail, the law makes it more difficult for police officers to justify using force when detaining suspects. It also prohibits chokeholds and requires police to administer first aid due to excessive use of force.
Under the law, law enforcement officers need additional training regarding de-escalation techniques. All law enforcement officers must wear body cameras by 2025. In addition to all of these reforms, the law makes several reforms to the pretrial process in Illinois.
The “Pretrial Fairness Act”
The “Pretrial Fairness Act” is a sweeping revision of the pretrial system in Illinois. Most importantly, the law creates a “bail-no bail” system. Defendants are either released pending their trial or held in custody, but only if the court believes they present an unmanageable risk to a specific individual or will miss their court appearances. The law also:
- Bans all types of money bail
- Reduces the number of factors for judges to consider when determining pretrial release
- Requires all judges to state on the record why they are detaining a defendant pretrial
- Requires courts to collect data regarding pre-trial court processes for future evaluation
Illinois Courts Can Only Detain Defendants in Limited Circumstances
One of the main impacts of the new law relates to when the court can detain a defendant. The law makes it harder for Courts to justify keeping a defendant in custody pretrial. If a judge does keep a defendant in custody, the court will need to demonstrate:
- Proof shows that the defendant committed an offense punishable by a sentence of imprisonment without probation. If there is no proof that is evident, they can show a presumption that the defendant committed such a crime.
- The defendant poses a real and present threat to the physical safety of a specific, identifiable person or persons, or
- The defendant has been charged with certain types of drug distribution or manufacturing offenses
When deciding to detain a defendant, the court must show that one or more of the conditions listed above have been met. Additionally, the Court will need to decide that there is no condition or combination of conditions that would mitigate the identified threat or reasonably ensure the defendant’s appearance in court. For example, if the Court could put an ankle monitor on the defendant, that would mitigate the threat that if the defendant did show up to Court, they cannot detain the defendant. The new law also requires the formation of a task force to research pretrial practices and develop a way to implement the law in the best way possible.
Contact a Chicago-Area Defense Attorney Today
Illinois’ new criminal justice law makes it easier for defendants to be released before trial. At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a crime.