Illinois Cash Bail to Continue—Legal Challenges to the PFA

1/18/23

As it turns out, despite the governor signing the Pretrial Fairness Act into law, the end of Illinois cash bail system did not go into effect on January 1, 2023 as planned. 

The constitutionality of the PFA was challenged by state’s attorney’s in 65 of Illinois’ 102 counties, and a Kankakee judge agreed with them, ruling the law unconstitutional. The ruling meant that those counties could keep their current cash bail system in place. 

The Illinois state’s attorney’s office appealed the decision to the Illinois Supreme Court, which then halted the PFA statewide in the final hours before it was to go into effect on January 1. This ensures the integrity of the state’s justice system, by preventing a situation where people in some counties would be subject to different laws than those in other counties.

The Illinois Supreme Court has said it will hear the case quickly, but has not set a date. Read more from the ACLU about the end of money bond in Illinois.