Illinois SAFE-T Act Eliminates Cash Bail: What You Need To Know

Illinois is the first state to remove its cash bail system through the SAFE-T Act that was signed in January of 2021. According to ICJIA, the SAFE-T act was created to "implement sweeping reform impacting many aspects of the criminal justice system." As part of the act, individuals incarcerated for a list of crimes will not be permitted to be bailed out of jail as a result of financial fortune. KY3 mentioned that the bill was passed because many upstate lawmakers believe that people should not be kept in jail because they cannot afford bail. Others believe that abolishing cash bail will bring danger to communities.

“I believe the elimination of cash bail, particularly as it’s written in the SAFE-T Act, will reduce public safety and lead to more crime in Illinois,” state representative Patrick Windhorst shared with KY3.

Other officials agree with Windhorst, stating that the act will increase criminal activity throughout the state.

“Anyone sitting in jail right now with all these pending charges, they’re going to be let out,” Johnson County sheriff Peter Sopczak told KY3. “The gates are open and they’re going to be let out onto the streets.”

Those who oppose the act are concerned that detained lawbreakers will be released prematurely due to the elimination of cash bail.

“Violent crimes, burglary, robbery, arson, kidnapping, almost all drug offenses, DUI offenses, even DUI offenses involving a fatality, do not qualify for detention under the Illinois Safety Act,” Windhorst detailed. “That’s going to mean a lot of individuals are committing crimes and being released immediately, if not within a couple of days.”