Illinois Pretrial Fairness Act Project

Overview

The Pretrial Fairness Act (PFA) is a groundbreaking law that eliminates the use of financial conditions in pretrial release and replaces that outmoded system with one in which judges make intentional “in or out” decisions about pretrial release and detention, and make 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 supporting the state of Illinois in its implementation of the new law. This includes training, technical assistance to local counties, communications support, and creating written materials. In the first phase of this project, CEPP aided the Illinois Supreme Court Pretrial Implementation Task Force with the development of statewide guidance and resources for implementing an array of complex pretrial policy changes. The support emphasized collaboration among justice system stakeholders and community members, and included technical assistance to selected counties as well as the design and delivery of comprehensive statewide education and training on the new law.

In the second phase of this work, CEPP is continuing to conduct training both in Illinois and at a national level to educate the field about the PFA. CEPP is also providing technical assistance to DuPage County to evaluate its adherence to the PFA as it relates to domestic violence cases and survivors. Additionally, CEPP is conducting a series of court observations across the state to study the similarities and differences in how the PFA is implemented in practice, and CEPP will publish a report with its findings. CEPP is also studying how the PFA has been implemented in rural areas in Illinois, with a focus on how these regions handle behavioral health issues.

The Impact

The PFA went into effect on September 18, 2023. 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.

Nearly 100 system and community stakeholders across Illinois served on subcommittees under the task force. 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

The work in phase two will seek to develop a model for how counties can assess their compliance with the PFA as it relates to domestic violence cases; educate state and local stakeholders about how the PFA is implemented in different counties; and bring stakeholders together to identify solutions to the behavioral health issues that people involved in the criminal justice system face in rural areas.

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.