The Illinois Supreme Court has changed rules for appealing pretrial detention decisions after appellate courts saw an “unprecedented and unsustainable” influx of such appeals following implementation of the Pretrial Fairness Act.

The changes, which take effect April 15, were recommended by a task force that prepared a report after consulting clerks, prosecutors, public defenders and other attorneys across the state. The law allows detention decisions to be appealed, but the process is governed by Supreme Court rules.

The changes are meant to streamline the process while still providing for “meaningful review of decisions” regarding pretrial detention, the report says.

The long-sought reforms that abolished the use of cash bail took effect in September, a landmark moment that advocates say levels the playing field for defendants who sometimes were locked up for years while awaiting trial because they were too poor to post bail.

One impact of the legislation, though, has been a “staggering” increase in appeals asking higher courts to review trial court judges’ decisions about detention. Though anticipated to some extent, the volume of appeals surpassed expectations, with pretrial appeals outnumbering all other criminal appeals by about 3 to 1 in some districts, the report said.

In about five months, there were nearly 1,900 detention appeals, compared with about 17 bond appeals annually under the previous cash bail system, marking a projected “268-fold increase in volume,” the report said.

“There is no doubt that the volume of PFA cases is a problem; that’s why the Task Force was created,” 4th District Appellate Justice and task force Chair Eugene Doherty said in a statement. “We think our recommendations can help address the volume while making the process of appellate review more meaningful.”

The task force, made up of five appellate judges, notes that further changes could be necessary if these don’t sufficiently stem the flow, including adding additional judges.

“We hope that adoption of the measures … will result in the ability to handle PFA appeals with appropriate deliberation, but we harbor doubts about whether they will be sufficient,” the report said.

Among changes are a requirement that appellants file a motion in front of the trial judge asking to set aside the detention decision as a prerequisite for filing an appeal before an appellate court.

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