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Chicago Sun-Times
Chicago Sun-Times
National
Lisel Petis

Pretrial Fairness Act is shifting the scales of justice for Illinois

A detainee’s hands are shown behind bars. Illinois’ decision to end cash bail means greater fairness in the state’s criminal justice system, a former prosecutor writes. (AP file photo)

Imagine this scenario: you find yourself in a whirlwind of trouble, accused of and arrested for a crime. Your life is thrown into chaos, and as you stand before the court, it takes a mere 30 seconds to decide the fate of your freedom. Suddenly, your wallet becomes the key to your release. If you’re fortunate enough to have a stable job or come from a well-off background, buying your way out is a minor hiccup. But if you’re living paycheck to paycheck — like 60% of the population — lacking money could mean the cell door slams shut, leaving you caged. It is a system that seems to lock in those who can’t buy their way to liberty.

Now, fast forward to a different scenario. After being apprehended for that same offense, a pretrial risk assessment is conducted before you even set foot in court. If the assessment deems you low-risk, you’re released on the condition that you stay out of trouble and show up for your court date. Back to work, family and the chance to get your life back in order. If you’re deemed high-risk, a comprehensive court hearing awaits. This time, you can’t simply buy your way out. If you’re a threat to public safety or likely to flee, you are facing jail, ankle monitors or supervision. 

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