Lawmakers seek changes to cashless bail system in Illinois as it faces loss of federal funding

Statehouse Republicans are calling for reform of the Pretrial Fairness Act as Illinois faces the potential loss of federal money.

President Donald Trump issued an executive order last month to identify federal funds that could be withheld from jurisdictions that eliminated cash bail. The order directs the U.S. Attorney General to submit a list of states and local jurisdictions that “eliminated cash bail as a potential condition of pretrial release from custody for crimes that pose a clear threat to public safety and order.”

The Pretrial Awareness Act took effect two years ago and ended cash bail in Illinois.

State Rep. David Friess, R-Red Bud, said during a virtual press conference Thursday that the law has left county clerks looking for state money.

“The no cash bail has really hurt them financially, and there’s going to have to be some additional funding for that if this is going to keep up,” Friess said.

State Rep. Patrick Windhorst, R-Metropolis, filed House Bill 1482 to expand detainable offenses.

“The legislation says that a court may detain a defendant pending trial if the defendant is charged with any felony offense, and it is alleged that the defendant’s pretrial release poses a threat to the safety of any person or the community,” Windhorst explained.

State Rep. Dennis Tipsword, R-Metamore, is chief deputy of the Woodford County Sheriff’s Office.

Tipsword said law enforcement has been challenged with defendants on pretrial release committing additional crimes.

“The increasing number of failures to appear in court are costing taxpayers thousands of dollars along with taking officers off the street,” Tipsword explained.

Tipsword said a judge was not able to detain a defendant charged this year with 21 counts of child pornography in Woodford County.

“He was prohibited from being in contact with anyone under age 18 and not allowed to use the internet. Who and what is going to enforce these ridiculous conditions?” Tipsword asked.

Tipsword said a defendant facing more than 50 sex abuse charges was not detained in DuPage County due to the Pretrial Awareness Act.

“This legislation has left judges powerless, with no choice but to set dangerous criminals free with either lax conditions or unenforceable restrictions,” Tipsword added.

Cook County Board President Toni Preckwinkle issued a statement on what she called “attempts to undermine reform” and the two-year anniversary of the Pretrial Fairness Act.

“Two years ago, Illinois was the first state to end the use of money bond as a condition of pretrial release, and we are the only state to have ended money bond completely. With the Pretrial Fairness Act, we replaced a flawed and unjust system with a thoughtfully designed pretrial system that is more fair, safe and effective,” Preckwinkle stated.

State Rep. Tom Weber, R-Fox Lake, said Thursday that he and his GOP colleagues introduced several pieces of legislation to ensure that public safety and crime victims, not criminals, are the priority in Illinois.