Hillside Police Prepare for the Pretrial Fairness Act (No Bail Law)
On January 1st, 2023, the Pretrial Fairness Act (PFA), which was signed as a part of a larger bill known as the Safe-T Act in 2021, goes into full effect. The Safe-T Act brings many changes to the criminal justice system in Illinois, along with reforms to policing and law enforcement in general. Here are some of the things the act requires.
Police Reform
All of the following mandates in this new law have already been implemented by the Hillside Police Department.
- Increased training directives which include the proper use of force, crisis intervention and first aid.
- Utilization of body-worn cameras required by all police departments by 2025.
- Enforces a strict duty to intercede if an officer witnesses excessive force by another officer and exacts a duty to render aid if any force results in an injury.
- Prohibits chokeholds outside of deadly force encounters.
- Additionally, the act creates a database through the Illinois Law Enforcement Training and Standards Board for police misconduct, requires police certifications by the Illinois Law Enforcement Training and Standards Board which can be revoked for misconduct, prohibits the use of military equipment in policing, removes the requirement for sworn affidavits for complaints, requires services and training for an officer’s mental well-being, and requires reporting of deaths while in police custody.
What is the Pretrial Fairness Act?
The Pretrial Fairness Act as of January 1st, will eliminate cash bail for offenses in all of Illinois. It changes how people that are only charged, not convicted, of a crime are handled prior to trial. Arrestees in many cases will be released without posting money but will still be accountable under a pre-trial release program.
The Pretrial Fairness Act will include some felonies in its enactment. The Act does outline which offenses are detainable (held in custody) and non-detainable (released but with pretrial conditions). It is important to note that even non-detainable offenses, in some cases, can lead to detention if certain conditions are met, such as a person being charged with a particular type of crime, or they pose a threat to a specific person or persons, or their risk of flight is probable. Non-detainable offenses do not mean the person is automatically released in all circumstances. In any arrest, if it is necessary, a procedure is in place for a hearing to be held by a judge to decide whether a person is released or held in custody.
The act does mandate a ticket be issued in lieu of an arrest and processing for low-level crimes such as disorderly conduct or trespassing. However, this does not mean that an arrest cannot be made. To be released only with a ticket and NOT taken to the police department the following criteria must be met.
- The person needs to be positively identified on the scene.
- They may not pose an obvious threat to the community.
- The person does not have an obvious medical or mental health issue.
If any of the above are not met the police department may take the individual into custody and transport them either to the police department or a medical facility, if appropriate.
According to the text of the bill, defendants can be denied pretrial release if a hearing finds that they meet any of the following criteria:
-The defendant is charged with a “forcible felony” that comes with a mandatory sentence of imprisonment without probation upon conviction, and that the release of that defendant would constitute a threat to any person or the community at large.
“Forcible felonies” include “first degree murder, second degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.”
-If the defendant is charged with stalking or aggravated stalking, and their release would pose a threat to the community or to an individual.
-If the defendant is charged with domestic battery or aggravated domestic battery, and their release would pose a threat to the community or an individual.
-If the defendant is charged with a sex offense, and their release would pose a threat to the community or an individual.
-If the defendant has a high likelihood of “willful flight to avoid prosecution” and is charged with a forcible felony.
The Hillside Police Department is currently in the process of developing operational procedures to help guide our officers with standards that will help them balance compliance with the new law while still providing safety and security for our Village. Furthermore, it is our belief that by not arresting and processing low-level offenders that meet certain guidelines, our officers and other law related resources will be freed up. As of now, many hours are spent processing these types of arrests, this law will allow officers to return to their regular duties much quicker. Rest assured the Hillside Police Department is diligently working to fulfill our mission of ensuring the public’s wellbeing and preparing for the new law.