Abstract
Cash bail, once a tool intended to ensure appearances in court, has evolved into a system that disproportionately incarcerates marginalized and economically disadvantaged communities. This national reckoning with the failures of the cash bail system necessiates a critical reevaluation of pretrial justice in the United States. Calls for bail reform have been ringing across the nation and Illinois has answered.
This note critically examines the Pretrial Fairness Act (PFA), a landmark reform in the Illinois SAFE-T Act which abolishes cash bail and restores the presumption of innocence to pretrial detention decisions in Illinois. In response to the systemic inequities of the American cash bail system which unfairly targets marginalized communities, the PFA seeks to rectify these disparities representing a transformative shift in pretrial practices. This note traces the historical origins of cash bail in America, highlighting the economic disparities inherent within the system. It also provides a detailed analysis of the legislative history of the PFA, its key provisions, and the Illinois Supreme Court’s affirmation of its constitutionality. This note continues to explore the PFA’s potential efficacy by comparing it with other similar reforms across the United States and analyzing data regarding the PFA’s implementation. Through this lens, this note casts its eyes to the future for potential legal challenges and assesses whether the PFA can serve as a national model for bail reform to construct a better, more equitable pretrial system.
Recommended Citation
Sara Worrell,
Bail-ing Out of Cash Bail: Navigating the Pretrial Fairness Act and Illinois’ Cashless Frontier,
69
St. Louis U. L.J.
(2025).
Available at:
https://scholarship.law.slu.edu/lj/vol69/iss3/13