Across the country, we’re seeing movements achieve historic wins for fairness, racial justice, public health, and public safety. A new law ending cash bail in Illinois. Prosecutors in California, who care more about fairness than punishment. Marijuana legalization in New York that reinvests in communities. Yet prosecutors and police are fighting back with the same polarizing scare tactics that created mass incarceration to perpetuate it. We must demand justice not fear.

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At this pivotal moment, we should be building a fairer, safer future. Instead, our leaders are using fear to double down on the status quo.

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Right now, pro-carceral law enforcement and prosecutors are cherry-picking outlier cases and misrepresenting facts, the law itself, and case outcomes to try to defeat New York’s bail and discovery reform. We hope to collect your real stories about people released under the bail law. Please submit only one case story per form and please be careful not to provide information that may identify the client. If you have any questions, please contact us at stories@justicenotfear.org.

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The Briefing:

The honest truth about bail reform written by criminal justice experts

07-25-2025 Illinois
Comptroller Mendoza Perversely Capitalizing On a Tragedy

Comptroller Susana Mendoza falsely claimed Chicago police officer Enrique Mendoza was murdered because the Pretrial Fairness Act “permits violent offenders accused of heinous crimes to be released on electronic monitoring.”

Fact Check: False

The Truth Read more

The accused person was on pretrial release with a charge of possessing 300-500 mg of cannabis, an offense that is neither defined as violent” nor “heinous” in the law. There is simply no way that anyone could have predicted this tragedy: nothing in the allegations against him indicated that he would participate in a shooting that would result in an officer’s death.

06-06-2025 Illinois
House Republicans Exploit Child's Death to Mislead Public About Pretrial Release

Will County prosecutors charged two parents with the murder of their infant child and requested they be held pretrial. Because the parents had complied with conditions of release for six months under lesser charges for the same event, the judge denied the prosecutor's request. Illinois House Republicans decried the decision, claiming that the parents “could not be held pretrial because of provisions in [the Pretrial Fairness Act].”

Fact Check: False

The Truth Read more

The Pretrial Fairness Act permits detention of people charged with a number of offenses, including felony child endangerment and murder. After several lengthy court hearings, the trial judge released them from custody concluding that any safety risk they posed would be mitigated by home confinement with electronic monitoring and other conditions. The parents have continued to comply with all of the court’s conditions and have not committed any new offenses.

10-30-2024 Illinois
Senator Rezin and Sheriff Briley Spread Fear About Crime and Immigration

In a press release, Senator Rezin & Grundy County Sheriff Briley attacked the Pretrial Fairness Act and complained that the law requires prosecutors to hold a detention hearing within 48 hours–which they asserted is not enough time for prosecutors to make an argument against release.

Fact Check: FALSE

The Truth Read more

The 48-hour requirement existed before the Pretrial Fairness Act, because the Illinois State Constitution requires it.

10-24-2024 Illinois
McHenry County State’s Attorney Patrick Kenneally Spreads Misinformation about Pretrial Reforms

On October 22, McHenry County State’s Attorney made a number of inaccurate and misleading claims undermining the Pretrial Fairness Act. He falsely claimed that crime, jail populations, and failure to appear warrants dramatically increased under the Pretrial Fairness Act.

Fact Check: FALSE

The Truth Read more

McHenry County State’s Attorney Patrick Kenneally’s claims about the Pretrial Fairness Act are rife with inaccuracies. For instance, his assertion of a ‘30% increase in crime by individuals on pretrial release’ is misleading. The actual numerical difference is a mere 17 cases, exaggerated through percentages to appear alarming.

10-09-2024 Illinois
Cook County Circuit Clerk Iris Martinez Spreads Misinformation about Court Appearance Rates

Outgoing Cook County Circuit Clerk Iris Martinez falsely claims that three-quarters of people with criminal cases in Cook County are missing court since the Pretrial Fairness Act took effect.

Fact Check: FALSE

The Truth Read more

This is contradicted by rigorous research from Loyola University showing that failure-to-appear rates have declined slightly under the law, from 13.6% to 12.5%.

09-19-2024 Illinois
Chicago Police Superintendent Larry Snelling Claims That Machine Gun Possession Is Not Eligible For Pretrial Detention

In an op-ed published by the Chicago Tribune, Chicago Police Superintendent Snelling claimed that the Pretrial Fairness Act prevents judges from detaining people pretrial for the possession of a machine gun.

Fact Check: FALSE

The Truth Read more

Possession of a machine gun is and always has been a detention-eligible offense under the Pretrial Fairness provisions of the SAFE-T Act, and is detainable under both the safety and willful flight bases.

09-18-2024 Illinois
False Claims About Detainable Charges Made by State Senator Steve McClure

State Senator Steve McClure claimed that people charged with burglary, child pornography, and DUIs could not be detained pretrial because of the Pretrial Fairness Act.

Fact Check: FALSE

The Truth Read more

The senators assertions were patently false, which is why the WAND TV reporter eventually removed them from his article. Under the Pretrial Fairness Act, a judge can absolutely detain someone accused of residential burglary or child pornography. The law also made more DUI offenses detention-eligible than before the enactment of the law.

08-09-2024 Illinois
Rock Island State’s Attorney Spreading Misinformation About the Pretrial Fairness Act

In an interview for KWQC news, Rock Island State’s Attorney Dora Villareal told several untruths about the Pretrial Fairness Act. Among them were misleading statements suggesting that the end of money bond is responsible for too many people being released pretrial, and that she has no authority to detain people charged with crimes like aggravated battery and possession of stolen motor vehicles.

Fact Check: FALSE

The Truth Read more

State’s Attorney Villareal suggests that 75% of defendants are released pretrial solely because of the Pretrial Fairness Act. But data suggests otherwise. In the 14th Judicial Circuit, which includes Rock Island, 80% of people facing felony charges were in the community awaiting trial prior to implementation of the Pretrial Fairness Act. Under the old money bond system, people accused of aggravated battery of a police officer or aggravated battery of a doctor could not be denied pretrial release.

07-25-2024 New York
Albany Voters Reject District Attorney David Soares’ Fearmongering and Hyper-carceral Agenda

Albany community members sent a strong message to politicians and prosecutors in New York and across the country: Stop fearmongering and lying about bail reform, pretrial freedom, and other justice issues and start supporting solutions, or we’ll oust you.

Fact Check: Bail Reform Works

The Truth Read more

Soares had long aligned himself with conservative lawmakers and law enforcement unions as he advocated for hyper-carceral policies, but Albany voters saw through Soares’ misinformation and fearmongering. The Albany DA race sends a clear message to politicians and prosecutors: New Yorkers know that bail reform makes our communities safer, and fearmongering around bail reform is a losing political strategy.

04-23-2024 New York
Law Enforcement-Led "Consortium" Wants To Reinstate Failed Policies

A law enforcement-led “Consortium for Safe Communities” claims it wants to “fix bail reform”.

Fact Check: False

The Truth Read more

But a review of the Consortium’s proposed policy changes clearly demonstrates that what the law enforcement-led organization truly desires is to end bail reform in New York and return to a wealth-based, unfair system where people must buy their own freedom

04-09-2024 Illinois
Sheriffs’ Association Weaponizes Death of Deputy to Argue for Rolling Back Pretrial Reform

In the wake of Deputy Musil’s death, the Illinois Sheriffs’ Association claimed that the Pretrial Fairness Act was responsible for the release of Nathan Sweeney, the truck driver accused of crashing into Deputy Musil’s vehicle and killing her.

Fact Check: FALSE

The Truth Read more

The Pretrial Fairness Act allowed for detention and the Dekalb County State’s Attorney petitioned for it. After hearing arguments from the defense and prosecution, the judge chose to release Mr.Sweeney and was not "forced" by the law to do so.

03-04-2024 New York
NYPD, Media Outlets Cruelly Dehumanize Man, Fearmonger About Bail Reform

Law enforcement officials dehumanized a New Yorker in a series of depraved news articles and social media posts about a man arrested multiple times in the city’s transit system.

Fact Check: False, Cruel

The Truth Read more

Beyond fearmongering and lying about bail reform, the articles and posts prove the point that law enforcement care only about jailing more New Yorkers. NYPD named the wrong judge and wrong DA in its critical posts. Above all, law enforcement’s attacks on the man are cruel and serve to obfuscate NYPD’s own ineptitude and ineffectiveness.

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Investment in pretrial success pays dividends

llinois took an important step by ending money bond and starting the pilot program from the Pretrial Success Act. Now, we must ensure that pretrial support programs are fully funded and expanded so that communities across the state can reap the same benefits we’re seeing here in DuPage County.

Reform in reverse at the State’s Attorney’s Office

Eileen O’Neill Burke promised to protect pretrial justice. One year in, her policies suggest a return to the politics of punishment.

Marked decline in homicides, robberies proves critics wrong about Pretrial Fairness Act

Even as community investment is working to reduce crime in Chicago, some want to return to the failed “lock ‘em up” policies that created mass incarceration but didn’t create safety.

Democracy Now: Trump Targets Bail Reform, Wants to Let Rich “Buy Their Way Out of Jail”

Trump has decided that he doesn’t like the policy, not because of the facts or the data, but because of the politics, so he literally issues an executive order that threatens to starve the state.

WAND News: Illinois Democrats, advocates bash Trump's executive order banning cashless bail policies while Republicans celebrate

"The fact of the matter is not only here in Chicago, but throughout the state and throughout this country, we've seen a historic drop in violence."

The TRiiBE: Five years later, the fight for racial and criminal justice is far from over

Illinois used to punish people simply for being poor... The Pretrial Fairness Act changed that. It replaced a system of wealth-based detention that coerces poor people to plead guilty with one that centers public safety and equity.

The Nation: Illinois Has Put an End to the Injustice of Cash Bail

Amid a national backlash against criminal justice reform, Illinois has achieved something extraordinary. It’s working better than anyone expected.

Chicago Tribune: State lawmakers: Our new justice system without money bond prioritizes public safety over wealth

Ending money bond was not just a legislative action about altering a legal procedure. It was a movement centered on reimagining the principles of fairness and justice within our criminal legal system.

AOL: The end of money bond is facilitating a public health approach to substance use

Money bond has been a key driver of racial disparities, with Black and Brown individuals disproportionately incarcerated at staggering rates for minor offenses compared to white individuals. The Pretrial Fairness Act disrupts this pattern, providing much-needed reform.

CBS News: End of cash bail in Illinois has not resulted in more crime, but has impacted court system

The biggest concern was that the abolition of cash bail would lead to a rise in crime. The bottom line from the first year of data since the Pretrial Fairness Act was implemented is that such a thing has not happened. In fact, violent crime and property crime are down.

CBS News: End of cash bail in Illinois has not resulted in more crime, but has impacted court system

"The biggest concern was that the abolition of cash bail would lead to a rise in crime. The bottom line from the first year of data since the Pretrial Fairness Act was implemented is that such a thing has not happened. In fact, violent crime and property crime are down."

Brennan Center for Justice: Debunking Myths About Bail Reform and Crime

"In the most comprehensive study of the issue to date, Brennan Center researchers found no evidence that bail reform affects crime rates."

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