§ 2-15 — Findings

The General Assembly finds that: (1) The Pretrial Fairness Act defines when an arrested person can be denied pretrial release and prohibits the imposition of financial conditions for release by abolishing money bond. This prevents the pretrial detention of many arrested individuals with mental health or substance use disorders or others who could benefit from community-based supports and services. (2) Because people awaiting trial are legally presumed innocent, the Illinois Supreme Court Commission on Pretrial Practices recommends, consistent with national best practices, that "conditions and supervision shall not mandate rehabilitative services (substance abuse, mental health, partner abuse intervention programs, etc.) unless the court finds them to be a risk factor directly related to further criminal behavior and failure to appear at court hearings. The inability to pay for such court-ordered services shall not interfere with release." (3) Research shows that mental health and substance use disorder services, including treatment, are generally most effective when participation is voluntary and access is assured. (4) Communities throughout Illinois have significant gaps in the availability of mental health and substance use disorder services and other community-based pretrial supports and services. (5) If services are available, navigating complicated systems can be a barrier to access and success. Services are most effective if they are coordinated with but not duplicative of other programs such as those funded under the Reimagine Public Safety Act. (6) Community-based pretrial supports and services are most effective when delivered by organizations trusted within the community and developed with the input of community members, including those directly impacted by the criminal-legal system.

Legislative History

(Source: P.A. 103-588, eff. 6-5-24.)