Loyola University of Chicago Center for Criminal Justice co-Director David Olson speaks at an event in Springfield about the one-year anniversary of the Pretrial Fairness Act. (Capitol News Illinois photo by Andrew Campbell)
Capitol News Illinois

SPRINGFIELD – One year after Illinois became the first state in the nation to eliminate the use of cash bail, the impact on the state’s criminal justice system appears to have been far less dramatic than people on either side of the debate had predicted.

That, at least, is the early indication from an analysis of data being monitored by the Center for Criminal Justice at Loyola University in Chicago.

“Jail populations did go down a bit, but nowhere near as much as some people were predicting, and the research suggests that the rate at which people are being released from jail pretrial likely hasn’t changed dramatically,” David Olson, a co-director of the center, said during an interview last week.

“What’s changing is that the means of release are changing,” he added. “People don’t have to post the money, and rather than being released in a few days when they come up with the money, they’re being released in a day or two.”

In advance of the one-year anniversary of the new law, the Center for Criminal Justice released preliminary data from its ongoing effort to monitor the law’s impact.

One of the first things researchers noticed, Olson said, is that detention hearings now take considerably more time than they used to. In urban counties that handle large numbers of criminal cases, he said, the median length of a detention hearing went from four minutes before the law took effect to 16 minutes under the new rules.

Researchers also noticed a change in the issues discussed during those hearings. Prior to the new law, Olson said, most of the discussion centered on the offense being charged and the defendant’s criminal history. Now, he said there is more focus on the strength of the evidence against the defendant as well as the risk the defendant poses.

Also, he said, judges have begun providing more detailed explanations for their decisions.

But one issue that no longer comes up during detention hearings, he said, is money.

“Prior to the law going into effect, statewide about $140 million each year was paid by defendants in the form of posting money to secure their pretrial release,” he said. “No longer are they posting money to secure their pretrial release. So, $140 million is now remaining in the community.”

He said the research so far has not documented any increase in crime as a result of defendants being released without posting bond.

“We can’t say whether it’s had an impact on crime,” Olson said. “But what we can say is, during the first six months of 2023 compared to the first six months of 2024, crime is not up in Illinois. It’s not up in Chicago. It’s not up in other urban areas. It’s not up in rural areas. It’s not up for violent crime. It’s not up for property crime.”