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Cash bail disproportionately impacts communities of color. Illinois is the first state to abolish it

  • Illinois will become the first state to abolish cash bail as a condition of pretrial release, with the Pretrial Fairness Act taking effect on September 18. Judges will have to conduct a more rigorous review of each case before deciding whether to keep defendants accused of serious crimes behind bars before trial.
  • Critics argue that cash bail policies are unfair to Black people and people of color, with studies showing higher pretrial detention penalties imposed on Black and Latino individuals. The previous cash bail system in Illinois has been described as "a cousin to slavery" by Cook County Public Defender Sharone Mitchell Jr.
  • Between 1970 and 2015, there was a fivefold increase in the number of people jailed before trials, with over 60% of defendants detained due to inability to post bail. Other states, such as New Jersey, have implemented risk assessment processes instead of cash bail, with data showing no significant increase in new crimes or failures to appear in court.
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Winnipeg Free Press broke the news in Winnipeg, Canada on Monday, September 11, 2023.
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