A law that brought landmark reform to Illinois’ criminal justice system aimed to prevent defendants from remaining in jail awaiting trial because they could not afford bail. But two years after the Pretrial Fairness Act [PFA] eliminated cash bail in Illinois, McLean County jail is near record occupancy.
McLean County data tracked since cashless bail began on Sept. 18, 2023, indicate a sharp initial decline in the number of people detained in McLean County jail, which has since steadily crept up and now exceeds pre-PFA levels.
In an interview, Sheriff Matt Lane said occupancy was in the 150s per day shortly after the PFA was instated. He said the jail now hovers around 230-240 detainees per day.
“We’re able to handle it,” Lane said, noting recent hirings that have brought them to near fully staffed. “There is some overtime it’s causing because the population is up, and we had to open another housing unit.”
The increase has led to opening an additional 40 to 50 beds—but they’re nowhere near capacity. After a 2018 expansion and renovation, total capacity is 455 beds, including a women’s unit holding up to 74 people.
Lane cited several reasons for the increase, but said the primary cause is an uptick in people violating the terms of pretrial release.
Under the PFA, a person arrested on serious charges is entitled to a detention hearing to determine whether they will be kept in the jail awaiting trial or released with an order to appear on their court date. The Illinois Office of Pretrial Services [OSPS] conducted more than 600 pretrial investigations for McLean County between September 2023 and July 2025. Those investigations can be requested by courts and prosecutors to weigh the severity of the charges, the defendant’s history and likelihood to complete court-ordered restrictions, and the potential danger to society if they are released.
Judges can choose to detain a defendant in jail, release them or release them with conditions such as drug and alcohol treatment or electronic monitoring. The law also changed which offenses are automatically detainable. Misdemeanor domestic violence charges are now on the list of detainable offenses. Several drug and property crimes are not. That has led to a steady increase in the number of McLean County jail beds used for felony charges—and a latent increase in the jail population over time due to felony cases generally taking longer to litigate.
Skin in the game
McLean County State’s Attorney Erika Reynolds has previously been critical of the PFA, saying it takes away too much discretion from prosecutors and judges to decide which defendants should remain in jail awaiting trial. But more often than not, when Reynolds asked for pretrial detention, she got it. Under the PFA, 68% of detention petitions in McLean County were approved by the court, according to OSPS data. Reynolds declined to comment for this story.
Some PFA critics also worried the legislation would make communities less safe.
“There is no indication of that,” said Frank Beck, who tracks justice system trends for McLean County through Illinois State University’s Stevenson Center. “As far as I know, the number of bookings on new charges has not increased.”
Lane said there are isolated instances in which defendants released to the community with a notice to appear committed additional crimes. More often, defendants out on pretrial release miss a court date, triggering an arrest warrant and detention as the legal process plays out.
Prior to cashless bail, Lane said, a defendant required to post a cash bond had more to lose.
“At this point, it’s either you stay, or you don’t,” he said. “So, if they get released, they don’t have a lot of skin in the game. They do have a charge that’s pending, but I don’t think that has the same effect.”
According to OSPS data, those granted pretrial release in McLean County under the PFA showed up to court 94% of the time. The data does not indicate what percentage of defendants missed hearings, nor does it stratify missed court dates by charge, but Lane said a large proportion of those currently detained in the jail on pretrial violations are drug cases.
“Part of the problem is, when there’s no bond and they’re released immediately with a notice to appear for, say, a drug charge, there’s no break in the drug usage,” he said. “They’re immediately back to it and they miss court. If they were held, at least for a short amount of time to see the judge to set a bond and then come up with a bond—that sometimes gives them a break and helps them straighten out a little bit.”
‘Meth is the issue’
Stevenson Center data indicate drugs aren’t generally to blame for missed court dates and ballooning jail occupancy. In fact, the center’s research showed a negligible increase in “failures to appear” on drug cases, with one notable exception.
“Right now, meth is the issue,” Lane said.
Before the PFA, the number of “failures to appear” on meth-amphetamine cases was an average of 1.31 missed court appearances per case [compared to .74 for all other drug-related charges]. Since 2023, the average number has jumped to 1.82 failures to appear per case for meth cases. Non-meth cases under the PFA increased nominally to .80.
Lane said the Sheriff’s department has ramped up resources to police meth in the community. But he wished judges and prosecutors had more agency to make nuanced decisions around pretrial detention.
“If you have local judges who know their community and know the issues, and you take decisions out of their hands, that’s detrimental to their community,” Lane said. “They should have the opportunity to apply their knowledge and expertise to know when someone should be held or not. It’s not all about money.”
President Trump recently weighed in on the topic, signing an executive order in August that seeks a federal ban. Trump has threatened to cut off funds to state and local jurisdictions that have substantially reduced or eliminated cash bail.
Lane said he doesn't anticipate any changes to Illinois law. In a statement to WGLT, McLean County Chief Judge J. Casey Costigan said cashless bail has been held constitutional in Illinois.
“As such, the judiciary is bound to apply the law as written, without regard to any collateral consequences that may arise from its implementation,” he said.
Costigan said it’s the legislature, not the judiciary, who creates and modifies the law.
“We would, however, be deeply disappointed by any cuts to federal funding that supports programs designed to assist individuals in need, prevent crime and reduce recidivism,” he said. “These programs play a critical role in promoting public safety and supporting communities. Continued investment in such initiatives is essential to ensuring long-term positive outcomes for individuals and society as a whole.”
A de facto mental health center
Another primary factor contributing to the increase in jail population is a parallel shift in the proportion of detainees with mental health conditions. Over the past decade, the number of people detained in the jail with a mental health disorder has increased more than 20%, now comprising half the jail population. That total is measured through a combination of self-reporting and concerns reported by police officers or jail staff.
Beck said there is no one explanation for the trend, which could be tied to better awareness and reporting of mental health concerns. There is evidence mental illness is correlated with more severe charges, so it’s possible the shift in detainable offenses after cashless bail contributing to an increase in felony charges is related to the increase in detainees with mental illness. A statewide shortage of treatment options for court-ordered mental health services is another issue.
“There’s a fundamental problem with persons who have a mental health issue who are in the jail, who are set to be sent to a state facility for their benefit,” Beck said. “There’s no beds. So, they’re staying in McLean County longer because the state can’t take them.”
