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Illinois Bail & Bonds Guide
Illinois eliminated cash bail in 2023. Here's what that means for defendants, families, and the criminal justice system.
Illinois Eliminated Cash Bail — September 18, 2023
Under the Pretrial Fairness Act, Illinois became the first state to fully eliminate cash bail. Defendants are now released or detained based on judicial review, not ability to pay.
What is bail in Illinois?
Bail is money or property deposited with the court to ensure a defendant appears for trial. Illinois moved to a cashless bail system under the SAFE-T Act in 2023, meaning most defendants are released without paying money bail.
What is the SAFE-T Act?
The Pretrial Fairness Act (part of the SAFE-T Act) eliminated cash bail in Illinois as of September 18, 2023. Defendants are now either detained or released based on a judge's assessment of flight risk and public safety.
Can someone still be held in jail before trial?
Yes. A judge can order pretrial detention if the defendant is charged with a detainable offense and poses a danger to the community or is a flight risk.
What are detainable offenses in Illinois?
Detainable offenses include murder, sexual assault, domestic violence, certain weapons charges, and other serious felonies. The prosecutor must file a detention petition within 21 days of arrest.
Do I still need a bail bondsman in Illinois?
Traditional cash bail bondsmen are no longer needed for Illinois state cases since the elimination of cash bail. However, federal cases and some civil matters may still involve bail bonds.
What if I was arrested before September 2023?
Cases with bail set before the SAFE-T Act took effect may still have cash bail conditions. Contact a criminal defense attorney to review your specific situation.
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