Will 400 inmates leave Winnebago County Jail on Jan. 1? It depends on this key interpretation of the law

By Kevin Haas
Rock River Current
Get our mobile app

ROCKFORD — Winnebago County State’s Attorney J. Hanley raised issue with the Pretrial Fairness Act last month, saying in an op-ed that the end of cash bail would lead to the release of as many as 400 inmates from the Winnebago County Jail when the law takes effect Jan. 1.

Last week, he clarified that his estimate is based on one key interpretation: That the law is intended to be applied retroactively. As it’s written now, however, that isn’t clear.

“The law does not provide … definitive guidance on whether it’s retroactive or prospective,” Hanley told members of the County Board during a meeting Thursday. “That is one of the biggest open questions we still have. We have the impression from our judges here in Winnebago County that they will be applying it retroactively.”

Related: Winnebago County Board members call for repeal of the SAFE-T Act in Illinois

State Rep. Maurice West, a Democrat representing parts of Rockford, said lawmakers will return to Springfield this year to address that and other issues with the new law.

He said Saturday that a so-called trailer bill, a piece of legislation that aims to change or clarify the original law, will go before lawmakers during the veto session in November. Part of what it addresses will be whether the law is retroactive, meaning those held on cash bond would be immediately up for release, or prospective, meaning it would apply to those arrested after Jan. 1.

“It’s still fluent and we’re still talking about it,” West said.

Meanwhile, the 17th Judicial Circuit court is taking steps to prepare for the act to become law in its current form on Jan. 1, according to Tom Jakeway, trial court administrator.

Related: Rockford clergy members show support for ending cash bail in Illinois

The court plans to start holding hearings in late November and early December to hear prosecutors petitions to keep certain inmates detained, or to set conditions for their release if they’re not eligible to be held.

“Incarcerated individuals will be identified to either be subject to continued detention or released with conditions,” Jakeway said in an email to the Rock River Current. “It is the court’s role to implement the provisions of the Illinois Pretrial Fairness Act, and we are doing so in a measured way to ensure the necessary time is taken for deliberative decisions and as to position the Sheriff’s Departments to process the release of a to be determined number of incarcerated individuals.”

Hanley said his estimate on 400 inmates was based on the average jail population of 800 and the charges faced by those still held.

This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas or Instagram @thekevinhaas.