It’s time to get familiar with the controversial Illinois Purge Law.
It is the Pre-Trial Fairness Act, part of the Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act. It eliminates cash bail and pre-trial detention for nonviolent offenses while also affecting policing, corrections and sentencing.
The Pretrial Fairness Act went into effect on September 18, 2023.
This law is a It is commonly referred to as the “Purge Law” after the horror film “The Purge.” This came about in the wake of nationwide protests for George Floyd surrounding his death at the hands of police in 2020.
What is the Illinois Purge Law?
The Pretrial Fairness Act, originating in 2021 is part of a long-running movement to resolve cash bail and pre-trial detention concerns. But the prosecutors has opposed in court throughout the state.
Last December, a Kankakee County court found that the provision was unconstitutional. The Supreme Court noted in its 5-2 opinion on July 18 that the Pretrial Fairness Act is constitutional. So, on September 18, it went into effect after 60 days.
Illinois is the first state in the US to outlaw cash bail. Given the potential consequences of enacting such a law, it has been termed the “purge law,” after the 2013 film in which any crime is permitted for one day, resulting in utter anarchy.
Why is Illinois Passing the Purge Law?
The Illinois government approved the SAFE-T Act in 2021 to fight racial discrimination in the criminal justice system. Today, SAFE-T stands for safety, accountability, fairness, and equity. The Pre-trial Fairness Act (PFA) is the most controversial part of it.
The objective is to shift away from a money-based pre-trial detention system and toward one that emphasizes the defendant’s escape risk or danger of reoffending. Otherwise, poor people have to remain in jail because they cannot afford bail, even for minor accusations, but wealthy people may afford pre-trial release even for more serious offenses.
Illinois Purge Law Explained in Detail:
The goal of the law is to guarantee that access to money does not decide whether someone’s imprisonment while awaiting trial. The court should not limit justice to those who can afford it.
Contrary to opponents’ bogus claims, the new pretrial system will not simply free every criminal. The court has the jurisdiction to decide if someone is a danger to others. Then the defendant can and will be detained until trial. Similarly, if someone is a true flight risk, they will be detained.
The Illinois Supreme Court also issued an order to assist the court in implementing the SAFE-T Act’s pretrial release requirements. The SAFE-T Act obliges Illinois circuit courts to hold in-person hearings to decide if someone should be freed with or without restrictions within 24 hours.
There will be ‘Watchers’ as part of the court observation procedure. They will gather data on those who appear in court, make notes of the judge’s answer, and concentrate on the terms of release, and identify the gaps where tasks are poorly executed. Finally, the watchers sent to the Illinois Network for Pretrial Justice.
On January 4, 2023, Orland Park Mayor Keith Pekau referred to the Purge Law as “… the most dangerous law I’ve ever seen…”
Read the full article here.
FAQs The Illinois Purge Law
What is the ‘Purge Law’ in Illinois?
There is no actual ‘Purge Law’ in Illinois. The term is a misnomer used by some to describe the state’s initiative to end cash bail as part of the Pretrial Fairness Act within the SAFE-T Act.
What does the law actually do?
The law eliminates the cash bail system, allowing judges to make pretrial detention decisions based on risk assessments rather than the defendant’s financial capabilities. It aims to ensure that detention before trial is based on risk, not wealth.
When does the Pretrial Fairness Act go into effect?
The Pretrial Fairness Act was set to go into effect on January 1, 2023, making significant changes to how pretrial detention is determined in Illinois.
Can defendants still be held in jail prior to their trials under the new law?
Yes, judges can still order pretrial detention if they determine that the defendant poses a specific, real, and present threat to a person or has a high likelihood of willful flight.
What are the so-called ‘non-detainable offenses’ under this law?
The law does not list specific ‘non-detainable offenses.’ Instead, it allows judges to detain individuals if they are considered a threat, focusing on safety and risk rather than the nature of the offense alone.
How does the law impact the cash bail system?
By abolishing cash bail, Illinois aims to prevent the unjust pretrial detention of individuals who cannot afford bail, addressing a significant inequality in the criminal justice system.
What are the criticisms and concerns regarding the elimination of cash bail?
Critics argue that eliminating cash bail could lead to higher crime rates and challenges in maintaining community safety. However, supporters believe it is a crucial step towards rectifying systemic injustices in the criminal justice system.