As wars and mayhem rage around the world, the state of Illinois passed a new law that gives a small glimmer of hope in an otherwise all too dismal world. On September 18th Illinois became the first state to abolish cash bail in its legal system. In a landmark court ruling, “The Illinois supreme court upheld the Illinois Pretrial Fairness Act, which abolishes cash bail and specifies procedures judges must use to impose pretrial detention.” (American Civil Liberties Union website).
The use of cash bail has resulted in tens of thousands (by some accounts up to 400,000) being incarcerated as they await trial, simply because they cannot afford to pay bail. Sometimes the amounts are relatively small, but when you are dealing with the poor, these small amounts are insurmountable. This, in effect, penalizes poor people. Given the other structural injustices that are part of the criminal justice system, people can remain in prison for years awaiting trial as the system dawdles and gives attention to higher profile cases.
This legislation levels the playing field. The ruling states that everyone is entitled to pre-trial release. It does not mean that everyone will get pre-trial release, but it makes it possible. As one might imagine this ruling was hotly protested by victim’s advocate groups and law enforcement officers, despite widespread support for the measure. Multiple lawsuits ensued and the case made it to the Illinois Supreme Court. Ultimately they rejected all the arguments.
According to the ACLU, the Court ruled:
- “Bail” doesn’t require money. There are plenty of ways for courts to ensure that people return to court, and keep everyone safe, without ordering a person to pay for their freedom.
- Abolishing cash bail does not harm victims. Under the new law, judges must consider safety risks posed by release and give victims notice of relevant bail proceedings.
- Abolishing cash bail is squarely within the legislature’s power. Separation of powers means that it’s up to judges to apply the law in individual cases. But changing the legal framework—here, eliminating cash bail—is perfectly appropriate for the legislature to do.
The Coalition to End Money Bond, whose members include Christian organizations like A Just Harvest, Nehemiah Trinity Rising and the Chicago Metropolitan Association of the Illinois Conference of the United Church of Christ, pushed for the passing of the Pretrial Fairness Act, the legislation responsible for eliminating cash bail.
In a very real sense, this legislation is an embodiment of the words Jesus used when he entered the temple to begin his public ministry. Quoting Isaiah in Luke 4 we read, “The Spirit of the Lord is upon me, because he has anointed me to bring good news to the poor. He has sent me to proclaim release to the captives and recovery of sight to the blind.”
Of course, if you read on in chapter 4, the hearers at the temple in his hometown were ready to pitch Jesus off a cliff after he rolled up the scroll and sat down. Anyone who champions the underdog and threatens the systems of domination and empire are in a vulnerable position in relation to cliffs. It is never a popular position. It is, however, a biblical position.
In our highly divisive and partisan times, legislation like this is a cause to rejoice because it is a concrete example of doing the right thing. And having a state Supreme Court that doesn’t have its head in the sand is a cause to rejoice as well.
There is bound to be some hiccups in the roll out of this legislation, which will give credence to the naysayers who opposed it. This legislation is still the most significant progress made in criminal justice reform in many years. Bravo, Illinois!
The Irreverent Reverend 