Illinois Pretrial Fairness Act Project

Overview

The Pretrial Fairness Act (PFA) is a groundbreaking law that eliminates the use of financial conditions of pretrial release, and replaces that outmoded system with one in which judges make intentional “in or out” decisions about pretrial release and detention and individualized determinations about conditions of release. This momentous change ensures that those who should be detained for the community’s safety cannot pay for their release. At the same time, people who can be safely released are not in jail because they are poor.

Our Approach

With financial support from Arnold Ventures, CEPP is providing technical assistance to local counties in Illinois to implement the spirit and the letter of the new law. This includes communications support, creating written materials, and conducting a series of webinars for Illinois pretrial practitioners and a national audience to expand learning and support the ongoing success of the PFA. In addition, CEPP and its partner, Justice System Partners (JSP), are developing a series of resources and direct support to help local jurisdictions in Illinois identify, understand, and report on pretrial performance measures.

CEPP is building on the technical assistance it provided to the Illinois Supreme Court Pretrial Implementation Task Force. CEPP aided the task force with the development of statewide guidance and resources for implementing an array of complex pretrial policy changes. The assistance emphasized collaboration among justice system stakeholders and community members and included the design and delivery of comprehensive statewide education and training on the new law.

The Impact

The Pretrial Fairness Act was implemented on September 18, 2023, following a legal challenge to the law and an Illinois Supreme Court decision affirming its constitutionality.

With assistance from CEPP and the task force, local pretrial practitioners in 102 Illinois counties operationalized the PFA’s requirements, with many system stakeholders reporting that implementation went smoothly.

Prior to implementation, CEPP partnered with the task force, the Illinois Supreme Court, and the Administrative Office of the Illinois Courts to create five subcommittees including to:

• Provide statewide guidance on statutory and operational implementation considerations
• Develop and deliver a comprehensive strategy for statewide education and training on the PFA
• Assist selected pilot sites with the implementation of the PFA requirements
• Deliver proactive and responsive communications

Nearly 100 system and community stakeholders across Illinois served on the subcommittees. CEPP supported the subcommittees to ensure that:

• Court rules and forms were modified and consistent with PFA requirements
• Flowcharts and documents outlining the required changes and operational issues were available to local jurisdictions.
• A series of training sessions were conducted to review fundamental pretrial principles, the critical elements of the PFA, and strategies for local implementation.
• Monthly meetings were held to update justice system stakeholders and the public about legislative changes and resources available to support implementation.

Implementation of the PFA across the state should reduce wealth-based detention and move local systems to more fair, effective, and just pretrial decision making.