Illinois Pretrial Fairness Act: How Diverse Jurisdictions Handle Domestic Violence Offenses under a “No Bail” System

• In Event: Charge and Offense Type Differences in Pretrial Decisions and Outcomes

Abstract

In 2023, Illinois abolished cash bail and imposed a variety of reforms intended to make pre-trial processes fairer, including limiting what offenses are eligible for pretrial detention. Under the Pretrial Fairness Act (PFA), individuals charged with specific offenses, including domestic violence offenses and violations of orders of protection, are detainable if they are found to pose a specific, real, and present threat to any person. As the first state to eliminate cash bail, this policy offers a unique opportunity to examine how diverse counties handle domestic violence cases under the new policy. Using a mixed-methods approach, this paper examines how courts have implemented PFA reforms in domestic violence cases, the impact of those reforms on decisions to detain and how practitioners who handle domestic violence cases and domestic violence advocates view these shifts.

Authors

• Amanda Ward, Loyola University Chicago

• Zhandarka Kurti, Loyola University Chicago