Fact Checking on No Cash Bail in Illinois

• People currently detained in jail will be released September 18False. A defendant currently being detained can petition the court for release. They’ll get a hearing where a judge will make a determination about their eligibility to be released.

• Judges no longer decide whether a defendant is detained while awaiting trial.False. Judges have the final say about whether or not a defendant remains in jail while awaiting trial.

• Suspects charged with murder are eligible for pre-trial release.False. Defendants accused of murder are not eligible for pre-trial release.

• Police are no longer allowed to arrest suspects for minor misdemeanors/crimes.False. Police must issue citations for suspects accused of low-level misdemeanors and petty offenses unless there is a clear public safety threat.  If an officer determines a suspect is a threat to public safety, he/she can make an arrest.

• Police are no longer allowed to remove trespassing suspects. False. Police maintain the discretion to remove and arrest anyone who poses a threat to the community.

• Sex offenses and residential burglars will be released while awaiting trial.False. Judges retain power to deny pre-trial release to defendants accused of sex offenses and residential burglary.  

• Domestic battery, stalking, violations of order of protection and most gun charges are detention eligible offenses.True.

• Prosecutors are required to seek detention of a defendant awaiting trial if they want a suspect to remain in jail.True.

• Victims must be notified that a suspect is being released while awaiting trial.True.