Rule 26 went into effect on January 1st, but some counties are implementing a 30-day “trial period” to comply with the state’s new rule. Other counties have already implemented the new rule, and have seen benefits. The rule, which passed in the last legislative session, will impact how bail and pretrial release works in the State of Illinois. It is the result of two separate initiatives on the best practices for criminal justice.
The pilot program began as early as 2016 with 11 counties volunteering to adopt the measures. The initiative, which had its fair share of detractors, changes the way the bail system works and does away with money bail. Instead, the judge conducts a pretrial risk assessment when deciding if or when a suspect will be released and what kind of supervision they require. The ultimate goal of Rule 26 is to decrease jail populations.
In other words, instead of paying your way out of a jail cell, judges, in concert with other law enforcement officials, will be able to conduct risk assessments on suspects to determine whether or not they should be released on their own recognizance. However, ultimately, it is the judge’s decision alone that will impact if a suspect is released and the conditions of that release.