Sheriffs’ Association Weaponizes Death of Deputy to Argue for Rolling Back Pretrial Reform

The Briefing

In the wake of Deputy Musil’s death, the Illinois Sheriffs’ Association falsely 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. 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.

It is also important to note that under the former money bond system, reckless homicide was a non-detainable offense. Had this happened prior to the implementation of the Pretrial Fairness Act, the State’s Attorney could not have filed a petition to detain and the judge would have only been able to set a money bond or other conditions of release. Aggravated DUI resulting in death was also unlikely to result in an actual denial of pretrial release under the old system; instead, money bonds were the standard outcome.

Does the Pretrial Fairness Act Mean Everyone Will Be Released Before Trial?

No. The Pretrial Fairness Act centers the presumption of innocence and ensures that judges make informed and deliberate decisions about who might be incarcerated before trial and what—if any—pretrial conditions people may face when released. This was not the case before; under the old system, a person’s freedom depended on wealth. Prosecutors may file a motion to detain a person accused of any forcible felony, all sex-related charges, all domestic violence charges, and most forms of gun-related felonies if they believe they might pose a threat to another person or the community. Anyone charged with a serious crime can be jailed if they are likely to willfully flee prosecution. And anyone who is already being supervised by the court - on pretrial release, probation, or parole - who is arrested for a new charge can also be held in custody.