The Briefing:
Households across Illinois were delivered fake newspapers riddled with racist dog whistles and misinformation about the Pretrial Fairness Act.
Fact Check: False
The Pretrial Fairness Act will uphold public safety, ensure everyone has access to the presumption of innocence — regardless of their financial status — and reduce the number of people jailed while awaiting trial in Illinois.
Councilwoman Patty Gustin of Naperville misled the public when she claimed that the Pretrial Fairness Act does not allow police to arrest someone for trespassing on private property, even if they are unwilling to leave.
Fact Check: False
Her statement is a clear misinterpretation of the provisions of the law meant to reduce arrests for low-level allegations. Police have complete discretion to decide when someone is an “obvious threat to the community” exists, and will not be barred from arresting anyone who they believe poses a threat to public safety.
Some public officials claimed that after the Pretrial Fairness Act’s implementation in January 2023, all individuals charged with murder who are currently being held in jail due to unpaid money bonds must be released immediately.
Fact Check: False
While the Pretrial Fairness Act does eliminate the use of money bond as a means to detain someone and mandates that most arrested individuals are given a chance to succeed on pretrial release, it does not eliminate the court’s ability to jail someone awaiting trial.
Springfield Police Chief Kenneth Scarlette told the Illinois Times that he believes the Pretrial Fairness Act may embolden “criminals” when they realize they may be less likely to be arrested or held in jail on certain charges.
Fact Check: False
These claims ignore the wealth of evidence from numerous jurisdictions showing that pretrial jailing can be reduced without harming public safety.
State’s Attorneys in Kane, Kendall, and DuPage Counties claimed that the Pretrial Fairness Act does not give prosecutors enough discretion to deny some people pretrial release.
Fact Check: False
The current standards that judges must use when deciding whether someone may be detained pretrial are not substantially different from the new standards that will go into effect with the Pretrial Fairness Act.
The Chicago Tribune published an opinion piece from Illinois State's Attorneys that blamed recent crime spikes on the Pretrial Fairness Act provisions of the SAFE-T Act, which has largely not yet taken effect, and erroneously claimed that it requires the release of all accused people while awaiting trial.
Fact Check: False
The Pretrial Fairness Act will not result in the simple release of every person arrested. Instead, it focuses court resources on serious cases and cases involving allegations of violence. This ensures that a judge considers each person’s circumstances and the allegations against them before deciding to jail them or impose conditions on their release as part of a comprehensive, individualized hearing.
In calling for the repeal of the Pretrial Fairness Act, State Representative Patrick Windhorst misrepresented the legislative process that led to its passage in January 2021, spreading the false narrative pushed by law enforcement and other conservative lawmakers that the bill had been written “in the dark of night."
Fact Check: False
In reality, experts, advocates, stakeholders, and legislators have been transparently discussing the proposed legislation for years—including in subject matter hearings that Representative Windhorst himself participated in.