As we have previously covered, the passing and implementation of the SAFE-T Act, which eliminated cash bail in Illinois, was a hotly debated/litigated issue that saw both sides forecasting the best/worst outcomes with the dramatic change in how pretrial release is handled at the state level. Advocates suggested that the new system would lead to less disruption in defendants’ lives as they awaited trial on pretrial release, which would allow people to retain employment and stability thus leading to less recidivism, while opponents warned about a breakdown in law and order. Now a year after the law has taken effect, the numbers show very different rates of application depending on the county.
Data Suggests Improvements One Year After Elimination of Cash Bail in Illinois
Cook County saw a slight decrease in the rate of crimes committed by individuals on pretrial release and increase in court appearances in the first year of cashless bail taking effect when compared to the previous year. However, the county also saw an increase in property crimes and crimes against people (which would include offenses such as assault, battery, and other miscellaneous offenses that aren’t qualified as “violent” for statistical purposes), suggesting some pettier crimes have risen while more serious crimes such as weapon, drug, and more significantly violent offenses saw decreases. Still, according to a 2024 Lincoln Policy Institute poll, 58% of Chicagoans see crime as the biggest issue facing the city, meaning public sentiment has not felt the desired effects of the bill and that crime remains an issue. Other counties State’s Attorney’s Offices have reported that they have struggled to keep up with the requirements of filing petitions for pretrial detention and with the number of appeals relating to decisions to hold a defendant on pretrial release. Kane and McHenry County have filed petitions for detention in 60% of eligible cases, compared to just 19% in Chicago. It will be interesting to see what effects these differences will have in the long run both at the county level and the rate of incarceration across the state.
Last Inmate Serving Life Sentence Under Illinois’ “Three-Strike” Drug Laws Paroled
Late last year, the last inmate serving a life sentence under Illinois’ “three-strikes” law, Charles Collins, was paroled shortly after his sentence had been commuted by Governor Pritzker from life without the possibility of parole to parole eligible. Collins was sentenced to the harsh sentence after his conviction on a 2010 charge for cocaine possession with intent to sell, given that he had two prior drug trafficking charges which enhanced his sentence under the state’s habitual criminal law, or the “three-strikes” law as it is commonly referred to. In imposing the sentence, the judge told Collins that she had no choice under the law before handing down the sentence. While the law remains in effect in Illinois, it has become increasingly controversial, with advocacy groups noting that in 2020, 94% of people serving life sentences in Illinois for armed robbery or drug charges were African American or Latino. The law was narrowed by the SAFE-T Act, with a spokesperson for Governor Pritzker applauding the move that, “reformed the habitual offender law to ensure it is used only in the most serious circumstances” and that the Governor had recently commuted or pardoned other inmates’ sentences in recent years who were sentenced under the law. While some have advocated for the complete elimination of the statute at issue, it remains to be seen how popular such reform would be to the general public. Nonetheless, criminal justice reform remains a pressing issue and will likely see more changes in the immediate future.
