>>> ILLINOIS IS SET TO BECOME THE FIRST STATE IN THE NATION TO ENTIRELY ELIMINATE CASH BAIL.

THIS, AFTER THE ILLINOIS SUPREME COURT UPHELD A CONTENTIOUS PORTION OF THE CRIMINAL JUSTICE REFORM LAW, KNOWN AS THE SAFE-T ACT.

IT WILL TAKE PLACE STATEWIDE SEPTEMBER 18th.

WHAT WILL THIS HISTORIC MEASURE LOOK LIKE IN PRACTICE?

JOINING US NOW ARE ERROL LOUDERMILK AS WELL AS THE VICE PRESIDENT OF IMMIGRANT JUSTICE AT THE RESURRECTION PROCESS.

LOUDERMILK, IF I CAN BEGIN WITH YOU, TAKE US BACK, WHY THE PUSH FOR THE END OF CASH BAIL TO BEGIN WITH?

>> THANK YOU SO MUCH FOR HAVING ME ON.

I HAVE TO SAY, THIS IS A PROUD MOMENT FOR OUR STATE.

ILLINOIS IS REALLY LEADING THE WAY IN THE COUNTRY WITH SYSTEMICALLY ADDRESSING THE HARM THAT COMES FROM OUR PRETRIAL SYSTEM.

I SAY HARM , BECAUSE THAT WAS REALLY THE IMPETUS BEHIND THE PUSH FOR THIS.

IT IS THE HARM THAT WE HAVE SEEN IN PRETRIAL INCARCERATION, AND WHAT IT DOES TO MEMBERS OF THE COMMUNITY TO FAMILIES, YOU KNOW?

IN OUR CURRENT SYSTEM, A LOT OF PEOPLE ARE HELD PRETRIAL SIMPLY BECAUSE THEY DID NOT HAVE ACCESS TO THE FINANCIAL RESOURCES TO PAY FOR THEIR BOND.

THAT VISION , TO REMAIN WITH A VERY QUICK BOND COURT HEARING, YOU KNOW?

A JUDGE HAS THE DETERMINATION TO DETERMINE WHETHER SOMEONE IS HELD PRETRIAL -- >> LET'S TAKE A QUICK LOOK AT SOME OF THE OTHER PROVISIONS OF THE LAW, MS. LOUDERMILK.

THE SUPREME COURT RULING SAYS THE ELIMINATION OF CASH BAIL IS NOW CONSTITUTIONAL.

THIS GRAPHIC EXPLAINS WHAT THAT WILL ENTAIL.

THOSE WHO ARE ARRESTED WILL APPEAR BEFORE A JUDGE FOR THE INITIAL HEARING, AND PROSECUTORS CAN REQUEST THE DETENTION HEARING, AND IF THE DEFENDANT DOES NOT POSE A WILL BE RELEASED WITHOUT JAIL.

MS. LOUDERMILK, WHAT DOES THIS DECISION NOW MEAN IN PRACTICE?

HOW WILL IT WORK?

>> IN PRACTICE, IT MEANS THAT WE ARE GOING TO HAVE A MUCH MORE INTENTIONAL HEARING PROCESS, WHERE A JUDGE CAN EVALUATE IN A MORE MEANINGFUL WAY WHETHER AN INDIVIDUAL POSES A RISK TO THE COMMUNITY.

THAT WILL BE THE DECISION FOR WHETHER OR NOT THEY ARE HELD PRETRIAL.

IN OUR CURRENT SYSTEM, IF SOMEONE HAS ACCESS TO RESOURCES, THEY ARE ABLE TO PAY A CASH AMOUNT AND BUY THEIR FREEDOM.

THAT WILL NOT BE THE CASE UNDER THE NEW LAW.

MONEY WILL BE REMOVED FROM THE EQUATION.

INSTEAD, THERE ARE OTHER CONDITIONS THAT A JUDGE MAY IMPOSE WHEN HE IS MAKING A CONSIDERATION FOR WHETHER OR NOT THIS INDIVIDUAL POSES ANY THREAT OR RISK TO SAFETY IN THE COMMUNITY.

AND THEY CAN IMPOSE OTHER CONDITIONS TO TRY TO PRESERVE COMMUNITY SAFETY WHEN THEY MAKE THE DETERMINATION THAT PRETRIAL INCARCERATION IS NOT APPROPRIATE.

>> YOUR TEAM WORKS CLOSELY WITH THE IMMIGRANT COMMUNITY.

HOW IS THE OLD SYSTEM AFFECTING IMMIGRANTS?

>> YEAH, SEVERAL DOZEN ORGANIZATIONS, THEY HAVE BEEN ACTIVE IN SUPPORTING ENDING CASH BAIL, PRECISELY BECAUSE , OFTENTIMES , DETAINING FOLKS BEFORE PRETRIAL , INDEPENDENT OF WHETHER THEY ARE GUILTY OR INNOCENT, WILL LEAD TO HARSHER CONVICTIONS.

THAT HAS A REALLY BAD EFFECT ON THE IMMIGRANT COMMUNITY, OFTENTIMES LEADING TO DEPORTATION.

EVEN REVOKING PERMANENT RESIDENCE IT, IN SOME CASES.

WE WANT PEOPLE TO BE ABLE TO CONSULT WITH AN ATTORNEY.

OFTENTIMES, IMMIGRANTS NEED TO CONSULT WITH BOTH AN IMMIGRATION ATTORNEY AND A DEFENSE ATTORNEY.

>> BUT THE JUDGE STILL HAS CONTROL, REGARDING WHETHER OR NOT A PERSON SHOULD BE RELEASED BEFORE TRIAL?

REMIND US, WHAT IS THAT PROCESS LIKE?

WHAT ARE THE CONDITIONS BY WHICH A JUDGE CAN DETERMINE, NO, THIS PERSON WILL NOT BE RELEASED?

>> THERE ARE SEVERAL CATEGORIES OF OFFENSES BUILT INTO THE LAW.

THERE IS CAREFUL THOUGHT AND NEGOTIATION BY OTHER STAKEHOLDERS.

IT IS DESIGNED TO REALLY PRIORITIZE SAFETY.

SOME CATEGORIES OF OFFENSES WOULD INCLUDE OFFENSES THAT ARE GUN-RELATED FELONIES , SEX CRIMES , ALL DOMESTIC VIOLENCE CHARGES, THERE ARE SEVERAL CATEGORIES.

THE STATE MAY ASK A JUDGE TO HOLD SOMEBODY, BASED ON THE POTENTIAL HARM TO THE COMMUNITY.

>> FOR WANT OF A BETTER TERM, THOSE SAFETY MEASURES NOTWITHSTANDING THAT A LOT OF DANGEROUS PEOPLE ARE GOING TO BE ON THE STREETS AS A RESULT OF THIS CHANGE, HOW DO YOU REACT TO THAT?

>> WE HAVE HAD A LOT OF QUESTIONS THROUGHOUT THE COMMUNITY.

WHAT WE ARE BRINGING IS, WE ARE LISTENING TO CONCERNS AND TALKING ABOUT WHAT IT ACTUALLY MEANS.

THIS BILL DOES NOT MAKE IT SO THAT FOLKS WHO HAVE BEEN CONVICTED OF A CRIME ARE GIVEN FREEDOM.

REALLY, WHAT IT IS, IT IS SAYING THAT AT LEAST AT THE PRETRIAL, BEFORE YOU ARE CONVICTED, EVERYBODY WILL BE TREATED THE SAME.

I THINK FAIRNESS IS DEFINITELY A VALUE THAT, YOU KNOW, WE CAN ALL RESPECT.

AND WE ARE ABLE TO HANDLE CONVERSATIONS WITH FOLKS UNDERSTAND THIS.

>> MS. LOUDERMILK, I WILL LET YOU RESPOND TO THIS.

SOME PROSECUTORS AND PEOPLE IN THE LAW ENFORCEMENT COMMUNITY HAVE BEEN SO STRONGLY AGAINST THIS.

WHAT DO YOU SAY TO THEM ABOUT THE PROSPECT OF DANGEROUS PEOPLE BEING PUT ON THE STREETS?

>> YOU KNOW, I THINK THAT THE THING THAT REALLY STANDS OUT TO ME IS THE FACT THAT THERE IS THIS CONCEPTION THAT INCARCERATION MAKES THE STREETS SAFER.

ACTUALLY, INCARCERATION MAKES OUR IMMUNITY LESS SAFE.

THERE IS A CORRELATION BETWEEN HOLDING SOMEONE PRETRIAL AND THE HARM THAT COMES TO COMMUNITIES.

WHEN YOU HOLD SOMEONE, YOU ARE REDUCING THEIR ACCESS TO JOBS, HOUSING, AND OTHER IMPORTANT, STABLE RESOURCES THAT REALLY DO MAKE COMMUNITIES SAFER.

YOU KNOW, THERE HAS JUST BEEN THIS MISCONCEPTION THAT INCARCERATION, IN AND OF ITSELF, IS GOING TO MAKE COMMUNITIES SAFER.

BUT THAT IS JUST NOT TRUE.

THAT IS NOT WHAT THE DA SHOWS, EITHER.

>> WELL WHAT DOES IT SHOW , MS. LOUDERMILK?

>> WHEN PEOPLE ARE INCARCERATED, PRETRIAL, YOU KNOW, WHEN THEY ARE REMOVED FROM ECONOMIC STABILITY, NUMBER ONE, THEY LOSE THEIR JOB.

WHEN THEY ARE EVENTUALLY RELEASED, MOST OF THEM, ONE YEAR LATER, REMAIN UNEMPLOYED.

WHEN YOU ARE UNEMPLOYED, THAT PERPETUATES THE LIKELIHOOD THAT YOU ARE GOING TO COMMIT A CRIME IN ORDER TO SURVIVE.

INCARCERATING SOMEONE ACTUALLY INCREASES THE LIKELIHOOD THAT SOMEONE WILL BE BROUGHT BACK INTO THE SYSTEM LATER, BECAUSE OF THAT ECONOMIC INSTABILITY THAT PRETRIAL INCARCERATION RESULTED.

PEOPLE WHO ARE NOT DETAINED, SORRY, PEOPLE WHO ARE NOT DETAINED PRETRIAL HAVE MUCH BETTER OUTCOMES.

YOU KNOW, THAT IS ONE OF THE REASONS WHY WE PUSH SO HARD FOR THIS CHANGE.