HENDERSON, Ky. (WEHT)- Today marks the end of cash bail in Illinois. Under the new bail system, police must issue citations for suspects accused of low-level misdemeanors, where defendants will be give a court date and released.
For more serious crimes, a decision about release will go to a judge during an initial hearing. Just like before the new bail system went into place, prosecutors can request that a defendant remain in jail, and the judge will issue a ruling on the matter but victims of crimes will be notified.
There are some charges that are defined as detention eligible offenses, which include domestic battery, stalking, predatory criminal sexual assault, order of protection violation, murder and most gun charges.
“We look at the person’s background, and that includes prior conviction, even prior juvenile adjudications, past failure to appear and we look at the nature and circumstances of the offense in front of us.” said Mary Marubio, presiding judge of the Pretrial Division of the Circuit Court of Cook County.
Rather than a defendant arguing that they should be released awaiting trial, it is assumed that they will be. Under the new system, it is up to prosecutors to petition for a defendant to remain behind bars.
“Now people that don’t have money, who are non-violent aren’t being held because they don’t have the money and people who are violent or dangerous, who might have the means, can’t pay their way out of jail.” Said Marubio.
Individuals who were arrested before the cash bail system is officially eliminated, or those who are already being detained will have to petition the court for a hearing under the new rules.