QUINCY (WGEM) – Illinois is set to make history on Monday, September 18th, as it becomes the first state to completely abolish cash bail. Back in July, the Illinois Supreme Court deemed provisions of the SAFE-T Act constitutional, allowing law enforcement approximately two months to prepare for its implementation.
Adams County Assistant State’s Attorney Josh Jones expressed some reservations about the law’s clarity and ease of implementation. Nevertheless, he acknowledged that it’s time to move forward. Starting Monday, the Adams County Sheriff’s Office will not release anyone from the jail based solely on the new law. Instead, they will adjust the process of arrest and detention.
Jones clarified that there won’t be a mass release of inmates from the jail. Serious felonies such as first and second-degree murder, home invasion, and aggravated kidnapping will still result in detention. However, for crimes falling below the felony or class-a misdemeanor level, an arrest won’t automatically occur; instead, a court citation will be issued.
In cases where an arrest does take place, the offender must appear before a judge within 48 hours. The judge will then decide whether the person should remain in custody. Prosecutors can request that the offender be detained, but the final decision rests with the judge.
“We’re focused on adapting to the law and using the tools at our disposal to ensure community safety,” Jones remarked.
Adams County Chief Deputy Patrick Frazier expressed concerns about repeat offenders being released when he believes they shouldn’t be.
If someone is given a court citation and fails to appear, it becomes the responsibility of the Adams County Sheriff’s Office to locate that individual. Frazier noted that if the person is found outside their jurisdiction, his office has five days to return them to Adams County.
“We are yet to see, but there might be increased workload on our end,” Frazier commented.
Last week, the Sheriff’s Office held a second round of training sessions with Adams County prosecutors to prepare for the new law’s implementation.
The original SAFE-T Act was passed over two years ago, with the initial plan to eliminate cash bail by January 1, 2023. However, the law faced challenges from law enforcement agencies across the state.
Regarding individuals who were arrested and booked prior to Monday, Jones mentioned that they can request to appear before a judge. He also noted that the elimination of cash bail means that failing to appear in court could lead to immediate detention.
“We’ve spent the last nine months figuring out how to implement it, even if we may have reservations about the process,” Jones concluded.