Bond Court Reform in Illinois: Experiences and Perceptions of Justice-Involved People

• In Event: Pretrial Decision-Making, Perceptions of Justice, and Criminal Legal Outcomes in the Light of Bail Policy Changes

Abstract

We assess how people accused of crimes experienced the bond court process both pre- and post- implementation of the Illinois Pretrial Fairness Act (PFA). The PFA ended cash bail and replaced bond court with hearings to determine either the conditions of release or to consider detention for eligible offenses. Data include 25 pre-reform and 30 post-reform interviews with majority black participants from four different Illinois counties. Study participants described recent experiences in either bond court, conditions hearings or detention hearings. Preliminary results suggest that the imposition of cash bail in pre-reform bond court burdened the family and community of the accused and contributed to perceptions of the criminal legal system as racist and corrupt. Participants believed that their minority status or prior criminal record unfairly influenced the decision to impose bail. As Illinois is the first state in the nation to abolish cash bail as a condition of pretrial release, understanding the perceptions of the accused in these proceedings—the treatment received, fairness of the decision making, and the practical impact of the outcome—is vital to evaluating the success of these novel reforms.

Author

• Elizabeth Webster, Loyola University Chicago