Wayne County Jail Inmate Bail & Bonds
Wayne County Bail and Pretrial Release
After an arrest in Wayne County, adults go to the Wayne County Jail, 305 East Court Street, Fairfield, IL 62837. For the jail, call 618-842-6631. Family can check VINELink. Illinois ended cash bail on September 18, 2023, under the Pretrial Fairness Act (725 ILCS 5/110). A judge at the county courthouse now makes that call.
How much is bail in Wayne County?
There is no price on release in Wayne County anymore. Years ago, relatives paid a 10 percent deposit at the county courthouse. That ended with the Pretrial Fairness Act.
- Illinois outlawed for-profit bail bonds in 1963.
- Hang up and call 618-842-6631 if someone asks for release money.
- Testing or GPS fees in Wayne County are separate from bail.
How fast is the first hearing locally?
The first court date comes within about 48 hours. In Wayne County, that hearing is held at the courthouse, 301 E. Main Street, Suite 204, Fairfield, IL 62837, or over a video link from the County Jail. The judge reads the charge (725 ILCS 5/109-1) and rules on release; the Public Defender can be appointed.
- Saturdays and Sundays count in the 48 hours.
- For a petty offense, the Sheriff's Office may issue only a ticket.
What is a detention hearing here?
Only for some charges listed in 725 ILCS 5/110-6.1. The prosecutor must file first (725 ILCS 5/110-6.1). A hearing follows, normally within 24 to 48 hours.
Keeping someone in the county jail takes clear and convincing proof that:
- the charge is detainable under the law;
- the person threatens others or may run;
- and no mix of conditions would work.
The defense answers at the hearing. Rule 604(h) gives the defense a fast appeal.
↑ Back to the question listCan someone in Wayne County get a free lawyer?
Yes, the public defender. Ask the county clerk, 618-842-7684. For appeals, the state has the Office of the State Appellate Defender.
↑ Back to the question listWhat comes after a prison term here?
A prison term begins at an Illinois Department of Corrections reception center. Each transfer appears on the Illinois Department of Corrections inmate search. Read our Illinois state prisons guide.
↑ Back to the question listWhat rules can come with release locally?
Everyone released in Wayne County must attend court in Fairfield. Under 725 ILCS 5/110-10, judges may add:
- check-ins with pretrial services,
- no contact orders,
- GPS monitoring or a curfew,
- drug tests and giving up guns.
Violations lead to a new hearing under 725 ILCS 5/110-6.
↑ Back to the question listHow are minors handled after an arrest?
No one under 18 goes to the County Jail. The court sends local youth to a juvenile Detention Center. Under 705 ILCS 405/5-415, a youth gets a hearing within 40 hours, minus weekends and holidays. The Second Judicial Circuit keeps juvenile files closed to the public.
↑ Back to the question listWhat happens in a federal case from Wayne County?
Federal charges skip the county courthouse. The court is the U.S. District Court for the Southern District of Illinois, Melvin Price U.S. Courthouse, 750 Missouri Avenue, East St. Louis, IL 62201 (618-482-9371). A magistrate judge sets release under 18 U.S.C. 3142. A magistrate may set a money bond (18 U.S.C. 3142(c)). Before trial, the U.S. Marshals Service has custody. Once sentenced, search the Federal Bureau of Prisons inmate locator.
↑ Back to the question listWhere can I look up an inmate?
Type the last name into VINELink.The Sheriff's Office may post new bookings late. Phone: 618-842-6631. Step-by-step help is in our inmate search guide.
↑ Back to the question listWill this county keep someone for ICE?
Not on a detainer alone. The Illinois TRUST Act (5 ILCS 805/15) bars holding anyone on a detainer (Form I-247A) alone. The exception is a judge's warrant.
- Agents may wait outside after a release.
- Since 2022, no Illinois jail rents beds to ICE.
- Search the ICE Online Detainee Locator System by A-number.
Which court handles criminal cases locally?
Local criminal cases go to the courthouse, 301 E. Main Street, Suite 204, Fairfield, IL 62837. Circuit clerk: 618-842-7684. Local records are on re:SearchIL and Judici.
Wayne County has no city court: Illinois ended justice-of-the-peace courts in 1964.
↑ Back to the question listWhat matters at a release hearing?
The law at 725 ILCS 5/110-5 lists the factors:
- the charge and the evidence,
- criminal history and any skipped hearings,
- ties to family, work and school,
- and whether conditions could protect others.
Under the 2023 law, money is not a factor. The Public Defender can use a lease from the county.
↑ Back to the question listHow can I help someone held locally?
- Note the charge and local hearing date.
- Attend court in Fairfield if you can.
- See the phone call guide.
- Add money: see our money guide.
- Sign up on VINELink.
Illinois in Now a NO CASH BAIL state
Illinois is now a NO CASH BAIL state. Instead, it will use a “pretrial release” system as allowed by the SAFE-T Act.
A judge can still order that you be detained if they determine:
- That you pose a specific, real and present threat to a person, or
- That you are likely to flee.
This determination will vary based on the judge and county. But in general, if you are not a 'threat to society', or are not a 'flight risk', you will be released pending trial.
For more information, scroll down this page.
Wayne County Jail
Address:
305 East Court Street
Fairfield, IL 62837
Phone:
618-842-6631
Frequently Asked Questions about Bail and Bonds in Wayne County
What kind of bonds are accepted in Wayne County?
Who can set bail in Wayne County?
When is bail set in Wayne County Illinois?
Does Wayne County have bail?
No, Illinois does not use a cash bail system. The SAFE-T Act does not require the posting of cash bail as a condition of pre-trial release.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release. Prosecutors must request a detention hearing and the decision whether to hold someone will be made at the judge’s discretion. This ruling will be based on several factors including the likelihood that the defendant will flee or any public safety risk that they may present.
What kind of bonds are accepted in Wayne County?
Under the new system, if a Wayne County judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states and can be considered a type of bond because a document will need to be agreed upon and signed.
Who can set bail in Wayne County?
The SAFE-T Act does not require bail; however, it may require a hearing to determine if the defendant qualifies for release. If a hearing is required a judge will determine eligibility.
When is bail set in Wayne County Illinois?
In many cases defendants will be release after processing with a citation requiring the defendant to appear at a later date. If a defendant is not released immediately, a hearing will be scheduled before a judge. Depending on the seriousness of the crime, the defendant’s potential flight risk, and defendant’s potential risk to the community the hearing will be scheduled within 90 days.
What is Bail?
Bail is what the arrested in Wayne County must pay or do to stay out of jail until the first court appearance. The agreement to bail acts as a promise that the arrested will return to court for court dates and trial.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release and the person will be detained in the Wayne County Jail until the case is resolved and the defendant either released or transferred to a state prison.
Conditions for bail might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. These conditions are supervised by Pretrial Services.
If released, the defendant will be issued a summons to appear to court within 21 days.
What is the difference between Bail and Bond?
In Illinois, bail is what the judge dictates must be done (conditions) to be released until court appearances and bond is the document that is presented and agreed upon. Examples of conditions might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. Compliance with these conditions is supervised by a Pretrial Services Officer.
What are the different types of bonds in Wayne County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which conditions of release are available to them. Professional bond companies are not permitted to operate in Illinois.
There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. If so, this is a scam.
Does Wayne County have bail?
No, Illinois does not use a cash bail system. The SAFE-T Act does not require the posting of cash bail as a condition of pre-trial release.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release. Prosecutors must request a detention hearing and the decision whether to hold someone will be made at the judge’s discretion. This ruling will be based on several factors including the likelihood that the defendant will flee or any public safety risk that they may present.
What kind of bonds are accepted in Wayne County?
Under the new system, if a Wayne County judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states and can be considered a type of bond because a document will need to be agreed upon and signed.
Who can set bail in Wayne County?
The SAFE-T Act does not require bail; however, it may require a hearing to determine if the defendant qualifies for release. If a hearing is required a judge will determine eligibility.
When is bail set in Illinois?
In many cases defendants will be release after processing with a citation requiring the defendant to appear at a later date. If a defendant is not released immediately, a hearing will be scheduled before a judge. Depending on the seriousness of the crime, the defendant’s potential flight risk, and defendant’s potential risk to the community the hearing will be scheduled within 90 days.
Can I get the bail or bond reduced in Wayne County Illinois?
Because Illinois does not utilize a cash bail system there is no reason to request a reduction in bail. However, those previously denied release may have their attorney petition the court for another hearing to reevaluate eligibility.
In Wayne County Illinois, who can pay bail for me?
This would not apply to Illinois because money bail is not recognized.
Can bail be paid online in Wayne County Illinois?
This would not apply to Illinois because money bail is not recognized.
What options are there to pay bail in Wayne County Illinois?
This would not apply to Illinois because bail money is not recognized.
Will I get all my bond money back in Illinois?
This would not apply to Illinois because money bail is not recognized.
Can I get bail or a bond with no money down in Wayne County?
Illinois does not require money down because it is a no bail state. There might be fees to pay however.
What are the least expensive and affordable bail bonds in Illinois?
There are scammers who call families of arrested asking for information to process a bond. Not only are bondspersons not permitted to call for this information for any type of arrests, but they are also particularly offensive since there are no bail bond companies permitted in Illinois.