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Trump issues executive order on cashless bail -- what this means for Illinois
Democrats and reform advocates say Trump’s order threatens progress and benefits the wealthy, while Republicans argue the law endangers victims.
ILLINOIS - President Donald Trump on Monday signed an executive order aimed at reinstating cash bail in states that have eliminated it.
Illinois abolished cash bail in 2023 under the SAFE-T Act, making it the first state to do so.
What we know:
Trump said restoring cash bail would make the country safer, arguing that offenders who are released and re-arrested for committing additional crimes while they await trial waste public resources.
But opponents disagree. The Illinois Network for Pretrial Justice, joined by state Democrats, held a press conference Monday criticizing the order as harmful to reform and advantageous only to the wealthy.
"What we did in Illinois is historic. I'm going to repeat that one more time," said Sen. Robert Peters, (D) 13th District. "It's one of the most historic things in this country in the modern era. We ended cash bail. We moved from a system based off of how much money someone has in their pocket to one that is based off of risk."
The SAFE-T Act took effect in January 2023, with provisions ending cash bail implemented that September. Previously, defendants could secure release before trial by paying a set amount of money.
However, under the new system, judges decide release based on the risk a defendant poses to the public or the likelihood of whether they'll return to court instead of their ability to pay.
"We put forth a system that prioritizes public safety over your financial means and your bank account, and we're seeing positive results," said Rep. Justin Slaughter (D) 27th District.
On the other hand, Republicans, including state Rep. Patrick Sheehan — who is also a Plainfield police officer — said the law puts victims at risk and should be revisited in Springfield.
"We have banged the drum on this for quite a few years—the impacts of cashless bail and how it's turned our criminal justice system in this state into a revolving door and has left nothing but victims in its wake," Sheehan said. "It's just so disheartening as a police officer to arrest someone for a crime, only to see them out a few hours later. And that gives no closure, that gives no peace to these victims."
What's next:
Professor Don Stemen with Loyola University's Department of Criminal Justice and Criminology says Trump does not have authority to change Illinois law, but can revoke certain federal dollars from the state.
"The executive order can't change state law. The end of cash bail in Illinois was passed by the legislature and signed by the governor here," Stemen said. "In other instances where the federal government has tried to encourage states to change laws around criminal justice, they have withheld money that's related to criminal justice."
Stemen has been evaluating the Pretrial Fairness Act for four years and shared this:
"Before the Pretrial Fairness Act, at least in places like Chicago, 60% of people were released within three days of being charged anyway. After the Pretrial Fairness Act, about 50% of the people are released pre-trial that are charged with these detainable offenses. So, it's actually increased the percent of people who are being detained for longer periods of time," Stemen explained.
Cook County Board President Toni Preckwinkle released a statement Monday, writing, in part:
"Cook County and our partners at the state and city will work to defend the laws and policies that are helping to keep communities safe and protect the right of all residents. We cannot return to a system that criminalized poverty, contributed to mass incarceration and harmed families and communities."
The Source: The information in this article was reported by FOX 32's Kasey Chronis.