Index
Criminal LawIllinois, USA

Illinois SAFE-T Act (No Cash Bail)

Summary

Illinois became the first U.S. state to completely eliminate the cash bail system. Whether you sit in jail before your trial is now based entirely on the risk you pose, not how much money you have.

Rights & Rules

  • 01.
    You cannot be forced to pay money (cash bail) to be released from jail while waiting for your trial.
  • 02.
    The judge must release you unless the prosecutor can prove you are a flight risk or a specific, real danger to the community or a specific person.
  • 03.
    For low-level, non-violent offenses (like trespassing or minor theft), police are directed to issue a ticket/citation rather than arresting you and taking you to jail.
  • 04.
    If you are held in jail before trial, the state must give you a speedy trial (usually within 90 days).

Penalties

  • 01.
    If you are released and fail to show up to your court date or commit a new crime, the judge can issue a warrant for your arrest and revoke your release.

Verified Citations

Illinois Pretrial Fairness Act (725 ILCS 5/110-1.5)

Source
"On and after January 1, 2023, the requirement of posting monetary bail is abolished... A defendant may not be assessed a fee or a cost for the processing of a release..."