Fast Facts: Illinois Cashless Bail

  • On September 18th, 2023, the Pretrial Fairness Act (better known as Cashless Bail), which is part of the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act in Illinois, went into effect. 
  • Everyone in Illinois is now presumed to be entitled to pretrial release without having to post bail or bond. 
  • In certain instances, a hearing is necessary to determine if someone qualifies for pretrial release. 
  • Any criminal charge stemming from a self-defense incident involving a firearm is likely to be considered a forcible felony and will require a pretrial hearing to determine if the self-defender qualifies for pretrial release. 
  • Mandatory conditions for pretrial release under the law include the surrender of all firearms as well as the defendant’s Firearm Owners Identification Card (FOID), unless the judge finds that such steps are clearly not warranted under the circumstances.   
  • Base U.S. LawShield® memberships include coverage for every legal proceeding, including pretrial release hearings, that stem from a covered self-defense incident. 
  • U.S. LawShield members in Illinois with the optional Bail Bond & Expert Witness Coverage continue to receive their standard Expert Witness Coverage. Bail bond coverage for these members is also still in place at the federal level in Illinois. 
  • Illinois members with Multi-State Coverage and Bail Bond & Expert Witness Coverage receive full benefits for any covered self-defense incident that occurs in a state outside of Illinois. 

Contact your U.S. LawShield Independent Program Attorney for more information on how this may impact you.

The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.