October 17, 2023 Illinois

Madison County State's Attorney Denies Ability to Set Conditions on Pretrial Release

"Under the new system, there's only one option: detention. Otherwise, the individual who is charged with potentially very serious crimes walks out the door without paying a dime." Madison County State's Attorney Tom Haine in the Edwardsville Intelligencer

Fact Check: False

The Briefing

The Pretrial Fairness Act eliminated money bond as a condition of release, but prosecutors can still ask for and judges can still order many other conditions of release. For example, judges can order someone released awaiting trial not to contact a person or visit an address, to abide by a curfew, to be evaluated for treatment, or to be subject to electronic monitoring. Judges can also grant victims of certain offenses protective orders that provide additional rules for accused people and remedies for violations.

With the many different conditions of release and other tools at the court’s disposal to manage pretrial release. There is a full range of conditions from the very simple to the severe, such as house arrest with electronic monitoring. Data shows most people follow the rules of pretrial release and do not need additional conditions. If someone does need support to succeed awaiting trial, simple and affordable options like phone call or text message reminders are very effective.

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