According to the Marshal Project, in 2021 the Illinois' legislature passed a bill abolishing cash bail and replacing it with a system in which prosecutors can seek detention based on public-safety or flight-risk findings. At the time, the rationale for the change was largely built on questioning the logic of wealth-based detention. Commenters argued that a rich person should not have a special right to leave jail compared to a poorer person accused of the same crime.
Earlier
this month, after the killing of a Chicago police officer whose alleged shooter
had been released on electronic monitoring while awaiting trial in another
case, Republican lawmakers renewed calls to change the law, arguing in part that the
state needed to come into line with President Donald Trump’s executive order
targeting “cashless bail.” But the plans that have been floated have
not sought to restore money bail, but rather proposed new means of revoking
pretrial release, or creating a presumption of detention for people with
violent convictions.
Similar
legislative efforts to increase pretrial detention outright have also gained
momentum across the country. In New Hampshire, a rollback of the state’s
earlier bail reforms lowered the standard prosecutors must meet to deny bail,
and state officials have pointed to rising jail populations as proof the new approach is
working. Later this month, voters in Alabama will decide whether to expand the list of charges for which judges can deny bail.
Similarly, in November, voters in Indiana will vote on a constitutional
amendment that would dramatically expand judges’ ability to hold people pretrial if
they determine that no conditions of release could reasonably protect public
safety.
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