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HB 1404

RESTORE CASH BAIL-PRETRIAL

104th Regular Session Introduced by Mike Coffey and 2 co-sponsors

Illinois bill restores cash bail as pretrial release option, replacing risk-based assessments with monetary conditions set by judges.

Added Co-Sponsor Rep. Wayne A. Rosenthal
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WeVote Research Nonpartisan
Bill Summary · HB 1404

Legislative bill overview

HB 1404 proposes to restore cash bail as a pretrial release mechanism in Illinois, reversening or modifying the state's current pretrial detention system. The bill would allow judges to set monetary bail amounts as a condition for release before trial, rather than relying solely on other pretrial release mechanisms.

Why is this important

Illinois implemented a controversial 2021 law eliminating cash bail in most cases, shifting to risk-based assessments for pretrial release. This bill would reintroduce monetary bail as an option, fundamentally altering how thousands of defendants are processed and detained pretrial—affecting public safety policies, jail populations, and access to justice for low-income defendants.

Potential points of contention

  • Equity concerns: Cash bail disproportionately impacts low-income defendants who cannot afford set amounts, potentially creating a two-tiered system where wealth determines pretrial freedom
  • Public safety trade-offs: Proponents argue cash bail incentivizes court appearance; opponents contend risk assessment tools are more effective at predicting flight risk and reoffending
  • Reversal of recent reform: The 2021 law was intended to address mass incarceration; restoring cash bail contradicts that policy direction and may increase pretrial jail populations

Compiled from official sources — confirm details with the bill’s official record.

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