Bail reform debate in Illinois is heating up - Axios ChicagoLog InLog InAxios Chicago is an Axios company.

The bail reform debate in Illinois

Illustration: Lindsey Bailey/Axios Bail changes coming to Illinois as part of the 2021 are driving a flood of dire predictions and public safety debates. Why it matters: The Pretrial Fairness Act (PFA) doesn't start until January, but the new rules are already a huge factor in this fall's election.And and have left many confused about what the law entails. Catch up quick: The measure reforms the current "cash bail" system that bases the freedom of people awaiting trial largely on their ability to pay money.Bail reform advocates note the current system .The new rule replaces cash bail with a judge's determination on the defendant's risk to the public. What they're saying: "If someone's going to be detained, it should not be because they don't have cash," Northwestern University law professor "It should be because there's … clear and convincing evidence by the prosecutor that there’s an identifiable public safety threat or the person is a flight risk." The other side: suggest the PFA includes a list of dangerous "non-detainable" offenses — crimes that judges supposedly can't jail people for as they await trial. Reality check: The term "non-detainable" doesn't appear in the law. Judges can detain defendants charged with anything over a (the lowest felony level) after weighing safety and flight risk issues.They can also detain some charged with class 4 felonies and misdemeanors that involve stalking, domestic abuse, guns and sex violations. Yes, but: Even some Democrats who think bail needs fixing have problems with the PFA.Will County State's Attorney over the measure, saying it was unconstitutionally passed and should have been put to a referendum as similar changes were in New Jersey. He tells Axios he thinks the bar to prove likelihood of "willful flight" is too high, and he opposes the automatic release of those not tried within 90 days. What's next: The original version of the PFA has been amended and will probably see more changes through the work of the and during the fall veto session. "There have been adjustments made, and there will continue to be," Gov. JB Pritizker said of the bail measure in September. "Laws are not immutable." Of note: This is the first of our series this week clarifying upcoming bail reform ahead of early voting — which starts Friday. Source: Illinois Supreme Court PFA Implementation Task Force. Check out the rest of our stories in this series: Get more local stories in your inbox with .Subscribe Support local journalism by becoming a member.

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