Tracking The Pretrial Fairness Act
We're conducting a statewide evaluation of the implementation and impact of Illinois' Pretrial Fairness Act (PFA), which abolished cash bail and imposed strict limits of pretrial detention.
The Problem
Prior to September 2023, Illinois’ pretrial system broadly resembled those in most other states. Following arrests, pretrial detention and release decisions were made at relatively brief and informal bond hearings. The outcome of most bond hearings was either a release (with or without conditions) or continued detention pending the posting of bond in an amount set by the judge. Pretrial detention under this system was routine, as was the requirement of money payments to secure release.
The PFA, an ambitious set of pretrial reform measures that went into effect across Illinois on September 18, 2023, changed almost everything about this system. Most notably, the law makes Illinois the first state to abolish cash bail altogether. It requires pretrial release for most defendants, limiting the kinds of release conditions that can be imposed, and reserving detention only for cases involving the most serious kinds of charges. Even for those accused of detention-eligible offenses, pretrial detention under the PFA requires a special petition, a formal hearing, and clear and convincing proof that release would create a public safety or flight risk that cannot be mitigated by any available release conditions.
These and other fundamental changes to traditional pretrial detention and release practice generated controversy when they were proposed, and have drawn widespread interest and attention now that they are being implemented. It is vital for the field and the public that the results of this ambitious experiment in pretrial reform be carefully assessed and reported.
The Project
Our four-year evaluation of the implementation and impact of the PFA is examining changes in rates and conditions of pretrial release before and after the new law, as well as changes in the size and composition of jail populations, lengths and costs of pretrial detention, hearing attendance and new arrests during the pretrial period, overall case outcomes, and the work routines of criminal justice stakeholders. We’re making use of administrative data from a variety of state and local sources, supplemented by court observations, interviews, and focus groups with a range of criminal justice stakeholders, including defendants with direct experience of the pretrial process. While the scope of the evaluation is statewide, we are focusing on 33 counties across 7 judicial circuits, a range that is reflective of Illinois’ overall geographic and population diversity. Wherever possible, we are collaborating with elected and appointed officials in these sites, as well as with state-level agencies involved with or potentially impacted by the implementation of the new law, including the Illinois Department of Corrections (IDOC) Jail and Detention Standards Unit, the Office of Statewide Pretrial Services (OSPS), and the Administrative Office of the Illinois Courts (AOIC).
We Built Interactive Visualizations to Explore the PFA's Impact on Jail and Community Corrections Populations
We Published a Comprehensive Report on the PFA's First Year, as well as an Array of Shorter Reports Focusing on Illinois Pretrial Practices and Outcomes Before and After the Law Went Into Effect
Funders
News
Project Contact
David Olson, PhD
Professor, Department of Criminal Justice and Criminology
Phone: 773-508-8594
Email: dolson1@luc.edu