Illinois Governor, J.B. Priztker, recently signed the “Pretrial Fairness Act” as party of the state’s criminal justice reform bill.  Starting in January of 2023, individuals who are arrested for crimes will either be held in jail or released during the pendency of the case, eliminating the posting of cash bail.

The new legislation would make Illinois the first state in the country to do away with the traditional cash bail system. There is substantial controversy surrounding this new legislation.

When an individual is arrested for a crime, they generally must post a certain amount of money to be released from custody until their case is resolved by either plea agreement or trial.  The money required to be paid in order to be released after an arrest is referred to as “bail” or “bond” money.  Traditionally, the purpose of posting bail has not been considered a form of fine or punishment.  Rather, bail requirements have been used to ensure that the individual charged with the offense will appear for required court hearings after their arrest.  If an individual posts bond after their arrest and then fails to appear at a subsequent hearing, the judge may revoke their bond, issue a warrant for their arrest, and potentially require that the individual remain in jail until their case has been resolve.

If you or someone that you know has questions regarding bond or bond restrictions, please contact the Law Office of Allison & Mosby-Scott at (309) 662-5084.

Matt Butler

Attorney at Law