The Chicago Alliance Against Sexual Exploitation (CAASE) praises the Illinois Supreme Court’s decision to firmly uphold the constitutionality of the Pretrial Fairness Act (PFA) today. The path for positive change has been cleared, and we look forward to building and implementing a more equitable system for all.

The PFA replaces money with risk as the determining factor for pretrial incarceration and gives those charged with low-level crimes a chance to heal with their community—all while accounting for the needs of survivors. It’s a true win for public safety.

“As attorneys for survivors of sexual assault and sex trafficking in Illinois, we are thrilled with the Supreme Court’s decision today,” said Kaethe Morris Hoffer, executive director of the Chicago Alliance Against Sexual Exploitation (CAASE). “Using a person’s wealth as a proxy for risk in determining if they’re a threat to others was never in survivors’ best interest. The end of money bail will create a safer, more equitable, and less racist system for all.”

The Pretrial Fairness Act was passed in 2021 as part of the broader SAFE-T Act to end the practice of money bond in which those charged with a crime must pay a fine to walk free before their trial. The PFA was challenged days before it was set to go into effect on January 1, 2023, Anti gender-based violence groups, including CAASE, had a seat at the table as this law was being created. Our input was anchored in our understanding of why these changes are so important to the safety of survivors and the whole community.

Currently, the system spends little time determining who is a risk to others, allows people who pose a real threat to bail out, offers meager opportunities for survivors to have a say, and frequently drops the ball when it comes to alerting victims that the person who harmed them is being released. All this disproportionately harms minoritized communities. The PFA addresses these flaws.

“We ensured that victim-centered protections were prioritized in the PFA. The system can now turn more attention to serious crimes, like rape, and detain people who pose a risk for harming others. Survivors can advocate for what they need to be safe and secure like never before,” says Madeleine Behr, policy director at CAASE.

The PFA requires that a person charged with a serious crime, such as sexual assault, appear before a judge for a comprehensive, evidence-informed, and risk-based assessment to determine if they will be released. The accused person will be jailed if the judge finds that they pose a “real and present threat” to an individual or the community. They won’t have the option to buy their way out of jail. Conversely, people with low incomes will no longer be locked up simply because they can’t pay bail. People won’t be incarcerated pre-trial because of racist and classist stereotypes that perpetuate fear against Black men, in particular.

The law also critically stipulates that individuals charged with crimes related to domestic and sexual violence can be held for up to 48 hours. Before any release decision, a judge can thoroughly evaluate the case and the defendant. With more time, information, and meaningful opportunities for input from survivors about what it would mean for the person who harmed them to be released, judges can make more informed decisions about who needs to remain in custody.

Our current system often fails to notify survivors that their perpetrators will be released. The PFA corrects these issues, too. It entitles survivors to prompt victim notification before any detention hearing about pretrial release. This notice provides a survivor with adequate time to create a plan for their safety. The PFA also grants survivors more opportunities to file protective orders (such as an order of protection, civil no-contact order, or stalking no-contact order) at each court date.

Equally important, survivors will no longer be arbitrarily required to testify at detention hearings. The PFA establishes transparent legal rules to limit when a survivor gave testimony to only when it would materially prejudice the defendant if the survivor did not testify.

The PFA also makes progressive changes to the pretrial process for low-level charges, like traffic or petty offenses. It creates clear standards for violations that would not require the necessary scrutiny from a judge that a more serious offense would. People who pose no threat to public safety are simply issued a ticket, reducing unnecessary arrests.

“Right now, in Chicago, it’s extremely unlikely for a sex crimes case to lead to an arrest and charges, according to our data analysis and the experiences of our team of victims’ rights lawyers,” Morris Hoffer continued. “We anticipate with the Pretrial Fairness Act coming into effect, law enforcement and our courts can better focus on serious crimes like sexual assault and act in the interests of community safety, rather than locking up people who cannot afford money bail for low-level offenses.”

CAASE ardently supports the end of money bond alongside our anti-gender-based violence partners like The Network: Advocating Against Domestic Violence and the Illinois Coalition Against Domestic Violence (ICADV) because criminal justice reform is a critical part of countering gender-based violence. We are also grateful to the leaders of this movement at the Coalition to End Money Bond and the Illinois Network for Pretrial Justice for their organizing, strategy, and vision to create a new understanding of community safety for all. Ending pretrial incarceration based on wealth benefits us all and will profoundly impact those most harmed by sexual violence. Low-income, Black, and brown communities need policies like the PFA that acknowledge and seek to change classist, racist practices. We look forward to supporting the successful implementation of the PFA throughout Illinois.

Read our other posts on the PFA to learn more about why and how CAASE advocated for the law.

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This piece was published on July 18, 2023. It was authored by CAASE’s Communications Manager, Hayley Forrestal, with input from CAASE’s Public Policy and Advocacy Director, Madeleine Behr. Learn more about our staff here.