{"id":95897,"date":"2021-04-19T15:58:25","date_gmt":"2021-04-19T20:58:25","guid":{"rendered":"https:\/\/news.medill.northwestern.edu\/chicago\/?p=95897"},"modified":"2021-04-19T17:34:02","modified_gmt":"2021-04-19T22:34:02","slug":"illinois-criminal-justice-reform-law-eliminates-bail-but-doesnt-erase-bias-in-risk-assessment-for-pretrial-imprisonment","status":"publish","type":"post","link":"https:\/\/news.medill.northwestern.edu\/chicago\/illinois-criminal-justice-reform-law-eliminates-bail-but-doesnt-erase-bias-in-risk-assessment-for-pretrial-imprisonment\/","title":{"rendered":"Illinois criminal justice reform law eliminates bail, but doesn\u2019t erase bias in \u2018risk assessment\u2019 for pretrial imprisonment"},"content":{"rendered":"

By Leonna McAfee & Rodricka Taylor<\/strong>
\nMedill Reports<\/em><\/p>\n

Posting bail to stay out of prison when charged with a crime will be a thing of the past in Illinois as of January 2023.<\/span><\/p>\n

Gov. JB Pritzker signed the <\/span>Pre-Trial Fairness Act (HB3653)<\/span><\/a> into law earlier this year. It\u00a0ends a pretrial detention system that punishes those who can\u2019t pay bail and benefits the wealthy who can. But criminal justice reform advocates are expressing concerns that the risk assessment tools courts could use to justify pretrial incarceration will apply racial bias, leaving many people to face jail even without demands for bond.<\/span><\/p>\n

\u201cWe also say they [risk assessment tools] can\u2019t be used as a black box,\u201d said Sharone Mitchell, director of the Illinois Justice Project and the new public defender appointed by the Cook County Board who took office April 1. \u201cThe defense council should have the ability to challenge the risk assessments and to have access to the information that is used in the risk assessments from the client just to make sure that the information is correct. Right now, I don\u2019t think it is politically viable to ban them.\u201d<\/span><\/p>\n

The new law also expands training and wellness programs for law enforcement, modernizes sentencing laws, and prioritizes treatment and rehabilitation for low-level drug crimes.\u00a0<\/span><\/p>\n

The legislation was initiated by the Illinois Legislative Black Caucus with support from Democrats and opposition from Republican lawmakers. State Sen. Robert Peters (D-13th) was among the bill\u2019s sponsors and a <\/span>longtime advocate<\/span><\/a> of its policies.\u00a0<\/span><\/p>\n

In a criminal court case, bail is a set of terms determined by a judge that the suspect must satisfy in order to be released before trial. Under the cash bail system, the suspect must pay a sum of money to prevent imprisonment or be released from pretrial incarceration. If the suspect shows up for trial, the money is returned. Those who don\u2019t forfeit the bond money. Defendants typically needed to come up with 10% of their bond. That could mean paying $500 for even a fairly modest bond set at $5,000.<\/span><\/p>\n

Reform activists have decried the system for years saying it criminalizes poverty, punishes defendants with fewer financial resources and disproportionately <\/span>affects Black and Latino communities.<\/span><\/p>\n

\u201cThis piece of legislation is going to be the one of the most important pieces of legislation to come out of Illinois in decades,\u201d said Amy Campanelli, the Cook County public defender whose term ended March 31.\u00a0<\/span><\/p>\n