A Will County Judge blamed the Pretrial Fairness Act for his inability to detain Kyleigh Cleveland-Singleton, who has been charged with obstruction of justice, a class 4 non-violent felony. She was not accused of any violence.
Class 4 non-violent felony offenses were not detainable offenses even prior to the Pretrial Fairness Act. The only option a judge had under the old system was to order a money bond, which if paid, would guarantee an individual’s release.
Under the Pretrial Fairness Act, class 4 non-violent felony offenses remain not detainable. Judges retain broad discretion to impose conditions of pretrial release other than paying cash. If an individual violates the terms of their pretrial release, a judge has the power to take them into custody.