
Source: Douglas Rissing / Getty
Updated Aug. 28, 2025, 11:45 A.M.
Illinois has become the center of a national debate on bail reform following new White House executive orders aimed at rolling back policies that eliminate cash bail. On August 25, President Donald Trump signed orders directing the federal government to withhold funding from jurisdictions that release suspects without requiring bond. Trump argues that cash bail is necessary to keep communities safe and prevent released suspects from committing new crimes.
Illinois, which fully eliminated cash bail through the 2022 Pretrial Fairness Act, has not seen the surge in crime critics predicted. Researchers report that crime rates have remained stable or even declined. University of Chicago researcher Alison Siegler said, “All the evidence I’ve seen points to positive outcomes since Illinois eliminated cash bail. It’s really clear from the data that things have gotten better, not worse.”
Under Illinois’ system, judges may still hold defendants charged with serious crimes if they are deemed dangerous or a flight risk. Most others are released on the promise to appear in court rather than paying a cash bond. Loyola University Chicago data shows the rate of defendants failing to appear has slightly decreased from 25% to 23%.
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Experts say the law has created a more deliberate detention process. Bond hearings now require substantive arguments from prosecutors, sometimes lasting up to an hour, compared with the minutes they used to take. Loyola researcher Don Stemen noted that before reform, roughly 60% of defendants charged with serious crimes were released on bond; now only about 50% are.
Critics argue that higher standards for detention limit prosecutorial discretion, while defenders say the system ensures that only those who truly pose a risk are jailed pretrial. Stemen added, “It benefits that system in that we are only spending our dollars on detention for people who need it. Not all people charged with a crime are risks to public safety or a risk of flight.”
Illinois’ experience suggests that eliminating cash bail does not automatically endanger public safety, challenging claims driving the new federal crackdown.
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