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First-In-Nation Illinois Bail Reform 'Has Leveled The Playing Field'

Cook County Judge Charles Beach has presided over hundreds of pretrial hearings since Illinois became the first state to eliminate cash bail last fall, in the Pretrial Fairness Act, Beach has been struck by how proceedings have significantly changed for the better in his courtroom, reports the Chicago Sun-Times. “I think we’ve come a very long way in the right direction,” he said. “Things are working well.” Under the old system of cash bail, Beach was often tasked with setting a dollar figure a person would have to post before being released, a decision that could force a family to skip the rent to post a bond. It was a process that could seem arbitrary, depending on the judge, the time of day and where in the state the hearing was held, even after Cook County implemented pretrial reforms in 2017. “There’s a sense in the courtroom that taking money out of the equation has leveled the playing field,” Beach said. What was novel has quickly become normal as courthouse personnel have settled into the new rhythms. Beach said hearing lengths have stabilized, with judges allowing longer times for detention hearings in particular where “a person’s freedom is on the line.” Even so, the courthouse has not been hit with backlogs, and judges have not struggled to handle days with heavy caseloads when extra judges sometimes share the duties.


A study based on courtroom observations by Loyola University researchers found that pretrial hearings before the reforms averaged 4-6 minutes in four counties studied. After the reforms, most hearings increased by just a minute or so when a person’s release was uncontested. Detention hearings saw a significant jump, with median lengths between 10-30 minutes, even up to an hour. The researchers also reported that judges were providing more detailed explanations for their rulings. The First District Appellate Court has handed down hundreds of decisions, helping to iron out legal questions about the new law. Early data indicate that defendants released ahead of trial are showing up for hearings and largely are not being charged with new crimes. Data provided by the chief judge’s office shows that since bail reform, judges have granted detention petitions from prosecutors about 60% of the time. Lake County State’s Attorney Eric Rinehart believes the reforms were leading to a ”better and fairer system” that was “safer for victims.” He called on lawmakers to provide more financial support, particularly for mental health services, which Rinehart said required a “New Deal-level” of investment. Lawmakers are considering a $15 million appropriations bill that would expand heath, transportation and childcare services to people awaiting trial.

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