The Pretrial Fairness Act was signed into law on February 22, 2021 as part of the omnibus Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, Public Act 101-0652.
The Pretrial Fairness Act will completely end the use of money bond and transform Illinois’ pretrial decision-making process when it takes full effect in January 2023. Some parts of the Pretrial Fairness Act dealing exclusively with home detention and electronic monitoring are already in effect.
We have compiled the below resources to help attorneys navigate these changes to the legal system. If you have questions about the materials or have ideas for other resources we could provide, please email us at firstname.lastname@example.org.
Seven Essential Elements of the Pretrial Fairness Act (One-page Fact Sheet)
Policy Summary of the Pretrial Fairness Act (with citations)
This seven-page summary prepared by the Illinois Network for Pretrial Justice provides an accessible explanation of the key policy changes made by the Pretrial Fairness Act. It also includes links to the relevant pages of the Public Act so that interested people can review the exact statutory language and relevant sections of code.
Summary of Electronic Monitoring Changes in the Pretrial Fairness Act (One-page Fact Sheet)
This one-page fact sheet provides a high-level overview of the changes the Pretrial Fairness Act made to electronic monitoring and home confinement laws in Illinois. It was prepared by the Illinois Network for Pretrial Justice. For a more detailed discussion of these issues, please read this blog post or watch this virtual teach-in from November 2021.
Petition Template for Illinois Attorneys Seeking Review of Cook County Electronic Monitoring Orders, Home Confinement Conditions, or Movement Permissions
This is a template petition for Cook County criminal defense attorneys seeking one or more of the following changes to pretrial electronic monitoring: (1) remove electronic monitoring as a condition; or (2) modify the existing electronic monitoring or home confinement parameters, including movement permissions. Please be aware that the Cook County stakeholders, including the Cook County Sheriff’s Office as the supervising authority, may change their internal policies and interpretations of this new law.
Please also note: this template document is intentionally styled as a petition addressing only electronic monitoring and NOT as a motion seeking broader modification of conditions of bond.
Sample Sheriff’s Electronic Monitoring Order for Cook County
This template may be completed by defense counsel and submitted to the court as a proposed order accompanying the above petition for review or used in new orders to Cook County Sheriff’s electronic monitoring. Please note this petition has not been approved by the Cook County forms committee, but it is hoped the court will release its own approved order at some point in mid- to late 2021.
Petition Template for Illinois Attorneys Seeking Review of Electronic Monitoring Orders, Home Confinement Conditions, or Movement Permissions (Outside Cook County)
This template petition incorporates provisions for jurisdictions outside of Cook County that charge people fees for being placed on Electronic Monitoring.
Memorandum of Law (Electronic Monitoring)
This Memorandum of Law was drafted by attorneys at the Roderick and Solange MacArthur Justice Center to provide in-depth analysis of the constitutional and legal considerations that judges should take into account when imposing electronic monitoring, reconsidering orders to electronic monitoring, and granting movement permission for people on electronic monitoring.
Attorneys are invited to use these arguments for personal education and argument or to modify and attach this memorandum to petitions when they believe the court would find it persuasive.
Attorneys who practice in Cook County or other jurisdictions where fees are not charged for Electronic Monitoring should use this version of the Memorandum of Law, which omits arguments about fees.
Attorneys who practice in jurisdictions where fees are charged for Electronic Monitoring should use this version of the Memorandum of Law, which includes arguments about fees.