Abstract
In recent years, Illinois through the SAFE-T Act moved to eliminate cash bail in its entirety, moving to a new form of pretrial detention. Under the SAFE-T Act, persons are either released (sometimes with conditions), or detained pending trial. This Note argues that Illinois should amend its current statutory framework to mandate the use of a risk assessment tool to help aid decisions about pretrial detention. In support of mandating a risk assessment tool, this Note analyzes pretrial detention schemes in New Jersey, New York, and Illinois. While New Jersey has achieved high appearance rates and has seen success in decreasing jail populations, New York has not seen the same success. This Note concludes that Illinois should adopt a form of the Public Safety Assessment (PSA) as it is used in New Jersey because both pretrial detention statutes focus on the threat to public safety and appearance at court.
Recommended Citation
Zachary Vancil,
Elimination of Cash Bail in Illinois: Accessing Risk of Defendants Using Risk Assessment Tools,
48
S. Ill. U. L.J.
157
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss1/7