Spurred on by Donald Trump’s fearmongering about “cashless bail” and a “lawless” Illinois, some law enforcement officials and Republican elected officials are recycling tired misconceptions about the Pretrial Fairness Act to distract the public from their real policy failures. This was most recently seen in the Illinois Valley, where hospitals are closing, shelters are overflowing and water pipes are leaking lead. You’d think local leaders would focus on fixing those problems.
In 2023, Illinois became the first state in the nation to end money bond, passing the Pretrial Fairness Act. As legislators debated the bill, law enforcement officials engaged in misinformation campaigns against it, claiming the reforms would usher in an era of complete lawlessness. But two years have passed, and the reforms are working. And yet, those same opponents have been consistent in their strategy of evoking fear. Recently, Illinois Valley law enforcement officials spread disinformation when they called for a return to money bond.
The LaSalle County sheriff claimed that the Pretrial Fairness Act doesn’t allow prosecutors and judges to consider a person’s criminal history. The Oglesby police chief implied that police aren’t allowed to make certain low-level misdemeanor arrests even when there is a threat to safety or the person is a repeat offender. The LaSalle County state’s attorney claimed that accusers can pressure victims into dropping the charges. They all claim that the Pretrial Fairness Act doesn’t hold people accountable, or give enough discretion to judges making determinations about pretrial release, and lets dangerous people run free.
None of it is true.
Under the Pretrial Fairness Act, judges can detain anyone posing a “real and present threat” to others or the community. Prosecutors can present evidence of a person’s criminal history, violent behavior or flight risk. Those who a judge deems dangerous can be detained; those who aren’t deemed dangerous no longer sit in jail just because they are poor.
Two years in, the data shows the reform is working. Jail populations are down, court appearance rates remain strong and crime continues to decline. A comprehensive Loyola University study found no evidence that ending money bail increased violent or property crime statewide.
Before reform, more than 250,000 people were jailed each year in Illinois – more than 90% awaiting trial and unable to afford bond. These people were legally innocent and hadn’t been convicted of a crime. Families lost jobs, homes and even custody of their children, while $140 million was drained annually from working-class communities because of bond payments. The Pretrial Fairness Act replaced that ransom-based system with one rooted in safety and fairness.
Now judges are empowered to make individualized decisions based on evidence, not wealth. And the millions once siphoned out of working-class communities due to money bond now remain in their communities, strengthening – not destabilizing – the very families that make Illinois resilient.
While some politicians rail against reform, residents face urgent problems that no amount of criminal justice reform fearmongering will solve.
Our hospitals are closing, homelessness is rising and overdoses are devastating families. Water systems leak lead, and affordable housing is scarce. These are the crises that make communities unsafe, not pretrial reform.
Instead of spreading disinformation about pretrial reform, lawmakers could fight to preserve our hospitals, addiction treatment, shelter beds and investments in housing and infrastructure. They could push for rural transit that connects people to jobs and medical care. Every hour spent attacking the Pretrial Fairness Act is an hour not spent solving the real problems that residents face.
The Pretrial Fairness Act didn’t make Illinois less safe – it made it more rational and humane. It ensures that the truly dangerous are held while the poor aren’t punished for being poor. It gives prosecutors and judges clear standards and brings transparency to a system that once operated on wealth.
If conservative lawmakers truly care about protecting the public, they should stop peddling misinformation and start addressing real crises that affect people’s homes, health and well-being. Safety isn’t achieved through stoking false fears. It’s built through fairness, opportunity and the courage to tell the truth. Let’s be truthful about the real threats to our safety and then do something about them.
Susan Bramlet Lavin is the executive director of Illinois NOW (National Organization for Women).
This article appears in November 20-26, 2025.
The issue with no-cash-bail is that judges still have broad discretion over who they choose to detain. In practice, this means they’re holding people they want to keep, including non-violent offenders, while releasing higher-risk individuals simply because the jails don’t have the space. The result is the exact opposite of what the policy was supposed to fix. That’s why it’s failing.