The change makes Illinois a nationally watched testing ground for whether such a change can work.
Shannon Ross poses for a portrait Saturday, Aug. 19, 2023, in Chicago. Ross, who describes himself as Indigenous and a person of color, was arrested in Chicago in October 2019 on weapons charges, and ultimately found not guilty. But that came only after he spent months in jail awaiting trial, lost his home, car, job and countless moments with his children. Illinois will become the first state to completely abolish cash bail on Sept.
Judges can still keep people accused of serious crimes behind bars pretrial, but first would have to go through a more rigorous review of each case. Typically in state courts, a judge decides if a defendant poses too much of a threat to the community to be released, or if they can be freed with conditions, according to the nonprofit Bail Project.In 2017, New Jersey essentially replaced its cash bail system with a risk assessment process that gauged the potential danger a released defendant could pose to the community.
“I’ve always said that New Jersey has done this mostly right,” Curran said. “All felonies are put before a judge and a judge can consider if a person is a danger to the community or a willful flight risk or whether there is a history of intimidating witnesses, and they can detain on those standards and it gives judges full discretion.”
In such cases, the judge must weigh several factors in deciding whether to keep someone jailed, including evidence, previous convictions, and whether that person is a flight risk.
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