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Reason
Reason
Scott Shackford

Judge Rules Illinois' Elimination of Cash Bail Unconstitutional

Just days before major bail reforms in Illinois were set to begin, a county judge has ruled the changes violate the state's constitution.

In early 2021, lawmakers passed a massive bill full of criminal justice reforms called the Safety, Accountability, Fairness, and Equity-Today Act, or SAFE-T Act. Among the many changes included in the bill was the elimination of cash bail. Rather than demanding money in exchange for pretrial freedom, the courts would have to evaluate each defendant to determine whether he may be a danger to others or a flight risk, and then determine nonfinancial release guidelines. Full pretrial detention could only be ordered if the court decided the danger or flight risk was just too high to justify someone's release.

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