As we mark the anniversary of Illinois’ landmark Pretrial Fairness Act, it’s essential to recognize how this transformative legislation advances racial equity, especially for Black and Brown communities disproportionately impacted by money bond, incarceration, and the criminalization of drugs.

For years, the legal system has targeted these communities, trapping individuals in pretrial detention simply because they couldn’t afford bail. Money bond has been a key driver of racial disparities, with Black and Brown individuals disproportionately incarcerated at staggering rates for minor offenses compared to white individuals. The Pretrial Fairness Act disrupts this pattern, providing much-needed reform.

By eliminating money bonds, the Pretrial Fairness Act removes a barrier that kept thousands — most of whom had not yet been convicted of a crime — detained for months or years simply due to lacking financial resources to pay a money bond. This reform isn’t just about economic justice; it’s a victory for racial justice, keeping families together and preserving livelihoods in communities long devastated by over-policing and mass incarceration.

Pretrial reform is especially crucial for people who use drugs, many of whom are Black and Brown. Jails have served as makeshift treatment centers, though they are anything but therapeutic. People in jail are eight times more likely to use drugs than the general population, yet less likely to receive proper care. Forced withdrawal and lack of access to medications for opioid use disorder (MOUD) make incarceration deadly, particularly for people who use opioids. These individuals are at a much higher risk of fatal overdose upon release, a cycle that disproportionately harms Black and Brown people.

In fact, drug overdose is the leading cause of death among those recently released from prison. A study found that people recently released from state prison are 129 times more likely to die from an overdose than those in the general public. For those incarcerated who use opioids, the risk is even higher. These tragic outcomes reveal how jails exacerbate, rather than alleviate, the dangers of drug use. And in Illinois, where sheriffs state there are staffing shortages in facilities like Lake County’s correctional division are already severe, providing even minimal care is a challenge, let alone comprehensive treatment.

Critics argue that pretrial release prevents people from getting the help they need, suggesting that incarceration is the best way to force mandatory abstinence or treatment. However, research shows that compulsory treatment fails to produce lasting results. A 2016 meta-analysis found that mandating abstinence-based treatment does not significantly reduce drug use or crime. In fact, it often leads to worse outcomes, including increased rates of fatal overdose following release.

Jails are dehumanizing environments, isolating individuals from the support they need to heal. Forcing mandatory abstinence in such settings doesn’t address the underlying trauma and social conditions that drive drug use. Instead, people need voluntary access to community-based care, which is why the Pretrial Fairness Act — and its companion, the Pretrial Success Act — is so vital.

The Pretrial Success Act represents a crucial investment in voluntary, community-based services for people who use drugs and those with mental health conditions. Rather than subjecting individuals to the dehumanization of incarceration, the Success Act allows for comprehensive care in a community setting by providing wraparound services such as transportation, housing, and childcare. These life-stabilizing resources are key to promoting long-term recovery and stability, particularly for those already marginalized by systemic racism and economic inequality.

This holistic approach acknowledges that true equity cannot be achieved through punishment and incarceration. For too long, Black and Brown individuals have borne the brunt of prohibitionist drug policies, facing harsher penalties and less access to care than their white counterparts. The Pretrial Fairness Act, combined with investments in community health, offers a new path forward — one that centers harm reduction and public health over criminalization.

Yet, the work is far from over. While Illinois has taken a crucial step, we must continue expanding behavioral health services, overdose prevention programs, and harm reduction initiatives that prioritize those most impacted by the criminal legal system. The state’s investment in these services is a model for other states to follow.

As we move into the second year of the Pretrial Fairness Act, our focus must remain on saving lives and addressing the systemic inequities that continue to harm Black and Brown communities. The elimination of money bond is just the beginning. To achieve real justice, we must continue advocating for lifesaving reforms that invest in people, not punishment.

Justice demands we dismantle systems that criminalize poverty and perpetuate racial disparities. The Pretrial Fairness Act is a critical first step toward creating a more equitable legal system — one that values human dignity and prioritizes health and safety over incarceration.

Jen Nagel-Fischer, R-CPRS, IL-CRSS, is a person with lived and living experience and is the founder and executive director of The Porchlight Collective SAP, which serves hundreds of program participants monthly in the greater St. Louis Metro East area. They are an experienced independent consultant, grassroots advocate, and subject matter expert in integrating culturally responsive and trauma informed harm reduction models. Jen has served as an expert reviewer for UNAIDS, the United Nations Office on Drugs and Crime, and the US Substance Abuse and Mental Health Services Administration.