[6][7][8] The Black Caucus decided to pursue their proposed criminal justice reforms as an omnibus bill, which they introduced and advanced when the legislature convened in January 2021.

[11] Proponents in the state legislature championed the bill as "a broad and ambitious initiative that takes a detailed look at sentencing reform, policing [and] violence reduction.

The most significant change in this section of the Act is the elimination of cash bail and its replacement with a new process for pretrial release, which was set to take effect on January 1, 2023.

Pretrial release can be denied by a judge after a hearing, "when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight.

[23][24] House Speaker Emanuel Chris Welch framed the Act as part of a broader effort "to remedy inequalities" in light of the "past year's reckoning of racial injustice.

"[46][47] Three elected prosecutors (called "state's attorneys" in Illinois) from Will, McHenry, and Kankakee counties have filed lawsuits challenging the constitutionality of the Act.

"[49] Other changes "clarify court authority in controlling electronic monitoring and escape, outline specific guidelines for trespassing violations, and create a grant program to aid public defenders with increased caseloads.

"[50][51] On December 28, 2022, in a case that combined 60 lawsuits, Kankakee County Chief Judge Thomas Cunnington ruled that the Act's provision ending cash bail violated the state constitution.

[52] On December 31, 2022, the Court issued a temporary stay on the provision ending cash bail pending its review, "in order to maintain consistent pretrial procedures throughout Illinois.