PERSPECTIVE: Five years later, the fight for racial and criminal justice is far from over

Last month marked five years since millions of people across the U.S. came together in the largest civil rights protests in our nation’s history. In the midst of a global pandemic, when many were sheltered in place, we collectively bore witness to the brutal police murders of George Floyd and Breonna Taylor. People from all walks of life demanded action and called upon our elected officials to address the systemic racism permeating our society. 

While that call went unheard in many states, Illinois’ legislative Black caucus rose to the occasion and worked to pass four omnibus bills focused on criminal justice reform, education and workforce development, health and human services, and the economy. Drawing the most attention was the Pretrial Fairness Act, the centerpiece of the criminal justice bill known as the SAFE-T Act. This legislation would cement our state in history as the first to completely end the use of money bond.

Like most states that rely on money bail, Illinois used to punish people simply for being poor. Thousands of people were jailed, not because of their criminal convictions or because they posed a danger, but because they couldn’t afford to pay for their freedom while they awaited trial. The Pretrial Fairness Act changed that. It replaced a system of wealth-based detention that coerces poor people to plead guilty with one that centers public safety and equity. 

The backlash to the nationwide calls for justice came swiftly. Fearmongering pundits and politicians captured media attention, creating a false hysteria about rising crime despite evidence showing that crime is on the decline. In other parts of the country, many state leaders have cowered to fear, retreating from the promises they made five years ago. But Illinois has stood firm.

In the first year of the Pretrial Fairness Act’s implementation, our state saw property and violent crime decrease in both urban and rural areas, a far cry from “the end of days” that had been predicted by those opposing the law. Courts have continued functioning. Judges retain the ability to hold robust hearings and detain individuals who pose a demonstrable danger to others and thousands of people who would have been jailed because of the size of their bank account are allowed to return to their communities. Early data shows that the law is working as intended—making our system more just without compromising public safety. And impacted families across the state will save $140 million per year; money that would have been previously used to purchase their loved one’s freedom can now go toward groceries, rent, childcare, and other essentials that keep people stable and safe. 

Illinoisians should be proud. In a time when fear-based politics have caused other states to backpedal on reforms, we’ve chosen a different path. One that makes sense and restores some of the integrity our justice system so badly needs. Standing in stark contrast to the Trump administration, which seems determined to erode our most basic rights,  we’ve shown that justice and safety are not mutually exclusive. In fact, they go hand in hand. 

Tough-on-crime rhetoric doesn’t make anyone safer. Safety comes from responsive, data-driven policies that are proven to reduce recidivism and crime. Safety comes from caring for our most vulnerable neighbors and addressing the root causes of harm and violence. 

Even as we celebrate the strides we’ve made and look ahead to our vision for progress, we have to remain alert and fiercely protect the gains we’ve made. Across the country, we’re seeing a resurgence of the tough-on-crime policies that fueled mass incarceration and devastated generations of people. These policies prioritize punishment over prevention, incarceration over investment. 

Illinois must not follow that trend. We must continue to lead.

That means building upon the work we’ve already done. It means investing in programs proven to reduce violent crime like credible messenger programs and restorative justice initiatives. It means addressing the root causes of harm and violence so that people with substance or behavioral health issues don’t stay stuck in a revolving door of criminality, but get the resources they need so they can achieve safety. It means providing alternatives to incarceration programs so that people can safely rehabilitate while being in community, where they are more likely to succeed. 

Illinoisans understand this. For the last two years, our legislators have included the Pretrial Success Act in the state budget, directing desperately needed funding to community organizations throughout Illinois to provide voluntary services for people navigating the criminal legal system. Both the Pretrial Fairness Act and the Pretrial Success Act were possible because of the consistent and tireless organizing by community members, advocates, and legislative champions who understand that we cannot incarcerate our way to safety. 

The fight for racial and criminal justice is far from over. But as we reflect on the last five years, we should take time to honor the progress we’ve made, and how we’ve stayed true to our values.  Illinois didn’t just respond to the moment. We sparked a movement for fairness and justice that continues today. Let’s keep going.