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Pre-Trial Fairness Act now in effect

Pre-Trial Fairness Act now in effect

9 months ago Scott Hardy/KHQA

No cash bail needed for most crimes; Serious crimes still have bail provision based on law.

Illinois's Pre-Trial Fairness Act, part of the SAFE-T Act that eliminates cash bail, has gone into effect.

Under the no cash-bail law, which went into effect Monday morning, the majority of those charged with crimes will be released from custody before going to trial without needing to post bail. Lllinois is the first state in the country to eliminate cash bail. The SAFE-T Act was originally supposed to take effect January 1st, but was put on hold while the Illinois Supreme Court heard an appeal filed by Attorney General Kwame Raoul. The appeal was filed due to an earlier ruling from a Kankakee County judge, who said that the pre-trial release provisions in the SAFE-T Act were unconstitutional.

People can still be held on numerous felonies before their trial at the discretion of a judge. That list includes first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony involving the use or threat of physical force or violence against someone.

Hate crimes, attempts of crimes that are detainable, animal torture, and DUI causing great bodily harm were added to the list in a later amendment to the legislation

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