Ensuring Successful Implementation of the Pretrial Fairness Act
Community Renewal Society thanks our coalition partners, member congregations, community members and volunteers who joined us in the movement to end money bond by creating and passing the Pretrial Fairness Act in Illinois. Together, we traveled to Springfield and spoke to legislators, attended rallies across the state, signed letters of support, thanked our officials for defending the legislation. Now we will continue our work together by ensuring the successful implementation of the Pretrial Fairness Act.
After the Pretrial Fairness Act goes into effect on September 18, 2023, the campaign to reform pretrial justice will not end. Passing the Pretrial Fairness Act was a momentous victory, but passing the bill is not enough to truly combat disparities and inequalities in our justice system. We must remain vigilant in dispelling myths, correcting misinformation and countering fearmongering once money bond has ended.
Join CRS in advocating for safer communities through increased pretrial justice. We need congregations and organizations to host educational events to help our communities understand the new ways that pretrial hearings will be held. We also need individual volunteers to train as court watchers to ensure that judges are abiding by these new guidelines. Training and support from the Coalition to End Money Bond will be provided. Learn more about these ways to get involved.
Why did CRS take on the fight to end money bond?
Money bond, also known as cash bail, is a sum of money that an accused individual or their representative is required to pay to secure temporary release from jail while awaiting trial. Although the purpose of money bond is to ensure that an individual shows up for their court appearances and proceedings, it disproportionately harms low-income individuals and people of color. The use of money bond in the pretrial system leads to significant inequalities, as those with financial resources are able to secure their release while economically disadvantaged individuals remain incarcerated even if they are not a flight risk or a danger to society. The inability to pay money bond leads to pretrial detention for accused individuals, essentially punishing them before they have been proven guilty, negatively affecting their lives and well-being.
We recognize that money bond has a particularly detrimental effect on Black and Brown people within the justice system. Historical inequalities and systemic racism have left many individuals from these communities with limited financial resources. This makes it difficult for people to afford bail, resulting in prolonged pretrial detention that disrupts their lives, employment and families. Compounding the issue is the presence of racial bias in bail-setting decisions. Research suggests that judges may set higher bail amounts for people of color, even when controlling for the nature of an offense and prior criminal history. This bias feeds into the overrepresentation of people of color in pretrial detention. With few legal resources, people of color are left without the advocacy needed to secure more appropriate bond amounts or pursue fairer paths. Pretrial detention stemming from money bond also leads to longer sentences as individuals are more likely to accept plea bargains in order to expedite their cases and avoid extended incarceration.
Over-policing and racial profiling contribute to higher arrest rates for people of color, increasing their exposure to the cash bail system. Community Renewal Society’s member congregations in Chicago are also active in holding the Chicago Police Department accountable through work with the Empowering Communities for Public Safety Coalition and the Consent Decree Coalition. Perhaps most significantly, the racial disparities inherent in the pretrial system erode trust in the fairness of the justice system among communities of color. This perpetuates a sense of injustice and marginalization, making it clear that the harms of money bond extend beyond its immediate consequences, influencing broader perceptions of equity and justice within society. Too often, Black and Brown communities are over-policed but under protected.
Disclaimer: This article was written with the help of the ChatGPT language model developed by OpenAI.