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Illinois Pretrial Fairness Act Resources

Resources related to the Illinois Pretrial Fairness Act

The Illinois Pretrial Fairness Act

On September 18, 2023, the Pretrial Fairness Act (PFA) took effect in Illinois, the first state in the country to completely eliminate the use of money bonds. Illinois replaced its 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.

 The PFA has fundamentally reshaped the system of pretrial justice in Illinois. In addition to abolishing the use of money bonds, the new law statutorily presumes that people will be released pretrial, designates a list of offenses eligible for pretrial detention, requires that the prosecutor request a detention hearing (otherwise, the person will be released with conditions), sets forth due process safeguards for all pretrial hearings (including having defense counsel at first appearance), sets forth the situations in which pretrial release may be revoked, and allows for the immediate appeal of all pretrial decisions. In addition, parallel to the passage of the PFA, Illinois invested in pretrial services and created the Office of Statewide Pretrial Services in 2021 to ensure that such services were provided in every county in the state.

 The resources below explain the PFA, share implementation resources and updates, data and research, court rules and opinions, and news stories.

About the PFA

Illinois Supreme Court Pretrial Implementation Task Force
Resources include an Implementation Toolkit, Flowcharts and Implementation Considerations, Sample Orders, and recordings of monthly Town Hall meetings on implementation.

PFA Education Seminars (PDF)
Slides from regional education seminars for pretrial system practitioners.

Pretrial Fairness
A website managed by the Illinois Network for Pretrial Justice with information about the PFA, short videos, and recent news articles.

Coalition to End Money Bond
Videos, written resources, and advocacy materials to promote the PFA and new legislation aimed at ensuring its success.

Pretrial Fairness Act Explainer
A two-page handout published by the think tank R Street.

Implementation Progress

Pretrial Fairness Act: Lessons from the Field
For pretrial practitioners in Illinois, a recorded moderated virtual discussion with Illinois practitioners six months after implementation.

Pretrial Reform in Illinois: Lessons Learned
For pretrial practitioners outside Illinois, a recorded moderated virtual discussion addresses learnings for other states and localities interested in making similar changes. 

Pretrial Practitioners Discuss the Pretrial Fairness Act
A series of interviews about implementation and early experiences under the PFA.

“More Free, More Fair, More Safe”
A story about how pretrial detention hearings support better-informed decisions and procedural fairness.

Data Dashboards

Tracking the Pretrial Fairness Act in Illinois
Research briefs and data tools from Loyola Chicago Center for Criminal Justice, which is tracking how the PFA impacts court outcomes, pretrial outcomes, and jail populations across Illinois.

Illinois Office of Statewide Pretrial Services Data Dashboard
Pretrial data from counties served by OSPS.

County Data Dashboards
Public-facing data dashboards and relevant PFA data from Illinois counties.