Statement on the Illinois Supreme Court Ruling in Favor of Ending Cash Bail

For Immediate Release: 18 July, 2023

Media Contact: Noble Frank, noble@mnfreedomfund.org, (952) 353-6930

MINNEAPOLIS — Today, the Illinois Supreme Court upheld a law passed by the state legislature that ends the unconstitutional practice of cash bail. The decision means that the law, which opponents attempted to block with litigation, will be implemented on September 18. When the law goes into effect, Illinois will be the first state in the nation to completely eliminate the use of cash bail to determine eligibility for pre-trial release. We celebrate this correct and monumental decision with our colleagues who have worked tirelessly for this day!

The Illinois law does not end the practice of pre-trial detention. Judges will be allowed to hear evidence about a defendant's risk to the community and to determine that individuals who do pose a risk should be held until their case is resolved. But in no case will money determine who is detained and who returns home to await trial.

As our neighbors in Illinois proudly take this step toward equity in the criminal legal system, we recognize that Minnesota is falling behind. We hope that today's victory will show our lawmakers that it is possible not only to limit the use of cash bail, but to end cash bail altogether and finally remove wealth from all considerations about pre-trial detention.

When decisions about defendants' freedom are made based on community well-being, not personal wealth, we can achieve both equity under the law and safety in our neighborhoods. Minnesota Freedom Fund is grateful to the Illinois lawmakers and advocates who worked tirelessly for this victory, and we thank them for showing what is possible when we pursue fairness without bowing to fear. We pledge to work with equal relentlessness until Minnesota follows their lead.

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