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Illinois’ Pretrial Fairness Act (PFA), which took effect in September 2023, eliminated money as a condition of pretrial release and replaced it with a legal framework for determining pretrial detention and release and for setting individualized release conditions. These and other changes led the state’s 102 counties to restructure their pretrial systems.
Between December 2025 and April 2026, staff from the Center for Effective Public Policy (CEPP) visited 19 Illinois counties—diverse in geography, population size, and court structure—to observe how the PFA is being implemented. Staff observed pretrial hearings and spoke with judges, prosecutors, public defenders, and pretrial services professionals.
This resource shares observations from those visits and conversations, documenting a range of approaches to support continued learning and discussion among local stakeholders. We hope it gives counties a concrete starting point to reflect on promising practices and opportunities to build on their successes implementing the PFA.
A Look Inside
This resource explores several areas of practice:
- How hearings are conducted and whether people have meaningful opportunities to participate
- How judges apply legal standards to the facts and circumstances of each case and explain their decisions on the record
- How counties approach ongoing case reviews and missed court appearances
- How counties keep hearings individualized, transparent, and understandable for the person before the court
These practices vary across Illinois, reflecting differences in local resources, staffing, caseloads, courtroom culture, and interpretations of statutory language.
Promising practices are highlighted in this resource, and considerations are offered for jurisdictions looking to strengthen implementation of the PFA. Across counties, participants stressed the importance of collaboration among judges, prosecutors, defense counsel, pretrial services, and other system partners in addressing challenges and strengthening local practice.
