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As cash bail in Illinois ends, here’s what the ‘Pretrial Fairness Act’ says – NBC Chicago

After months of legal debate, the Pretrial Fairness Act will go into effect in all 102 Illinois counties on Monday, making Illinois the first state in the nation to eliminate cash bail.

In mid-July, the Illinois Supreme Court upheld the pretrial fairness portion of the state’s controversial SAFE-T law in a 5-2 decision, allowing an end to the cash deposit.

In Cook County, Board President Toni Preckwinkle said stakeholders at all levels are ready to implement the “Pretrial Fairness Act” on Monday.

“Through nearly two years of thoughtful and collaborative preparation, Cook County is ready to implement the new procedures required by the Pretrial Fairness Act,” she said. “As our justice system transitions to the new procedures, my administration will continue to provide resources and support to ensure our continued success. »

Preckwinkle, along with Illinois House Speaker Emanuel “Chris” Welch, Cook County State’s Attorney Kim Foxx and other local leaders are expected to hold a news conference Monday in 8 a.m. to provide more information. NBC Chicago will stream the press conference live in the player above once it begins.

So how exactly will the process of determining whether a defendant be detained before trial work?

Under the bill’s provisions, the state will allow judges to determine whether individuals charged with a specific set of violent crimes and misdemeanors pose a risk to another individual or to the community as a whole.

Judges will also be asked to determine whether the defendant poses a flight risk if released, according to the text of the bill.

So-called “forcible crimes” include first and second degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, kidnapping, battery and aggravated bodily harm resulting in serious bodily harm, or any other crime involving the use or threat of it. physical violence.

Hate crimes, attempted custodial crimes, animal torture and drunk driving causing serious bodily injury were added to the list in a later amendment to the legislation.

In addition, defendants currently detained before trial will be heard to determine whether their detention will continue.

People charged with specific minor offenses will be required to receive a detention hearing within seven days of their request, according to the text of the bill.

People detained but considered a flight risk would be heard within 60 days of filing their application, and those considered a threat to public safety would be heard within 90 days to help ease the burden on the justice system, according to the responsibles.

This story will be updated.

NBC Chicago

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