Trump is wrong: No-cash bail reform actually means less crime, not more 

President Trump recently issued an executive order in an attempt to end pretrial reform in states across the country.  

He has railed against bail reform in the press, as well as on social media. He has asserted that cash bail reform is a “disaster” for victims, operating as a crime creator and get-out-of-jail-free card for those who cause harm. Along with now-occupied Washington, D.C., he has specifically pointed to Illinois, which ended its reliance on money bail in 2023 when legislators passed the Pretrial Fairness Act.  

We have worked in the survivor community for years, and we fought to replace cash bail in Illinois with a system based on risk that took into account victims’ voices. We want to be clear: What actually harms victims of gender-based violence is this administration’s efforts to reduce funding to organizations providing critical services to victims of domestic and sexual violence. Ending the reforms we’ve instituted related to money bail will just make things worse. 

Trump’s claims are nothing new; for decades, politicians have blamed criminal justice reformers for crime (real or perceived) and asserted that people pushing for changed policies do not care about victims. Those claims, however, are false. As people who work daily with victims of gender-based violence, we know how important Illinois’s Pretrial Fairness Act has been to improving public safety. If we bring back money bail, our clients and all victims of domestic violence and rape in Illinois will be less safe.

We want to be clear about how ending money bail made victims of gender-based violence safer. Under the old system, anyone charged with domestic violence or sexual assault would have their bail set by a judge within just a few minutes. Perpetrators with money went home; perpetrators without money stayed locked up. Who stayed in jail and who went home was a function of how rich or poor the accused were — whether or not they posed an ongoing risk to victims was irrelevant. Victims had no right to show up in court and ask for what they needed to be safe. To the contrary, they were specifically prohibited from doing so. Their voices were not being heard.  

As you might imagine, the old system left many of our clients terrified. They often had no idea what was happening in their case, but they did know that at any moment, the person who caused them harm might be in close proximity. At the same time, victims who wanted the person who hurt them out of jail but in treatment, or subject to restraining orders, felt like they, too, had no voice. The system failed everyone. 

The Pretrial Fairness Act changed that. Now, judges determine release, based on whether a person poses a risk to safety. Where there is evidence of danger, a judge can keep the accused in detention until trial.

That is a major change. It’s not about money, it’s about security. That result is critical for victims.

And the Pretrial Fairness Act did so much more for victims of gender-based violence. Now, every person charged with domestic violence or sexual assault must appear before a judge before he or she can be released. There must be a hearing, and victims must be told when it will occur. Previously, under the money bond system, law enforcement could release those accused of misdemeanor crimes of violence without judicial involvement. 

Today, judges are making release decisions with meaningful information. Prosecutors are able to request an additional 24 hours in misdemeanor cases, and 48 hours in felonies, to prepare for detention hearings so that they can make their most effective arguments. This additional time provides them with time to talk to survivors, get input and investigate the case.  

Unlike under the old money bond system, the Pretrial Fairness Act requires prosecutors to notify survivors of domestic and sexual violence about hearings and release decisions. Survivors can, in turn, make decisions and communicate what they need to be secure and safe. They can request protective orders at every court date.

All of these changes may sound mundane, and they don’t create the same headlines as when the president “shouts” online in all caps about the dangers of pretrial reform. But to survivors of gender-based violence, they are everything. They give survivors a voice in a process that previously silenced them. The new system hasn’t ended gender-based violence, but it has substantially increased survivor protections against it.  

We hope that President Trump and other politicians will consider the reality of what pretrial reform can accomplish. Too often, opponents of criminal justice reform claim they are speaking for victims of rape and domestic violence, when they are really just appropriating their trauma for political gain. For the first time in Illinois, our clients have a voice. Other states should follow our lead, and treat victims with the respect and dignity they deserve. 

Kaethe Morris Hoffer is executive director of the Chicago Alliance Against Sexual Exploitation, and has worked on gender-based violence in Illinois since 1997. Amanda Pyron is president and CEO of The Network: Advocating Against Domestic Violence and executive director of Chicago Alliance Against Sexual Exploitation. Both worked to pass the Pretrial Fairness Act in Illinois.