Illinois recently implemented a new Bond Bail Law, which came into effect following legal challenges that reached the Supreme Court of Illinois. The Supreme Court affirmed the law’s enactment, and it has been in effect for a few months now. The Safety Act or Fairness Act, as part of this reform, has significantly altered the approach to bond considerations after an individual’s arrest.

Traditionally, judges would either set monetary bonds or deny bonds based on their assessment of ensuring the individual’s court appearance and community safety. However, with the Safety Act or Fairness Act in place, there is no longer a requirement for cash bonds in Illinois. A recent appellate court decision clarified that judges could impose cash bonds as part of the security if they were imposed before the new law took effect.

For new cases, the landscape has changed, and judges now have various options. They can impose different conditions of bond, deny bond altogether, or release an individual without any conditions. These options provide judges with flexibility in their approach to pretrial release considerations.