A look at the state’s elimination of cash bail
Tuesday, Jan 26, 2021 - Posted by Rich Miller
* Raymon Troncoso at Capitol News Illinois…
Illinois will transition away from the use of cash bail as a determinant of pretrial detention by 2023 after lawmakers passed a wide-ranging bill reforming several aspects of the criminal justice system in the state.
The legislation, which now awaits Gov. JB Pritzker’s signature before it can be finalized into law, would shift Illinois’ pretrial detention and release system to one that is non-monetary.
Starting on Jan. 1, 2023, “all persons charged with an offense shall be eligible for pretrial release before conviction,” and the “requirement of posting monetary bail” will be abolished.
Proponents of ending cash bail have argued the presumption of innocence for those charged with crimes should also result in the presumption of freedom, rather than detention, as the default standard, except in certain cases.
Exceptions from pretrial release under the new law include forcible felonies such as first-degree murder, sexual assault, arson and any other felony involving the use or threat of physical force; stalking and aggravated stalking where the defendant poses a threat to the victim if released; abuse or battery of a family member where their release poses a danger to that family member; gun crimes where the defendant poses a threat to a specific, identifiable person; and cases where the defendant has committed a felony that wouldn’t otherwise result in detention but they are considered a high risk of fleeing prosecution and missing their court date.
The law would place the burden on the state to prove an individual should be detained, rather than the individual proving that they should go free.
* NPR…
And there’s also been pushback. Bail reforms in Alaska and New York were rolled back or amended. In California, a ballot measure kept cash bail intact. In Illinois, there was strong opposition from the Illinois Law Enforcement Coalition, a group of police unions and organizations representing police officers and county sheriffs.
JIM KAITSCHUK: You seldom see people sitting in jail for low-level crimes just because they can’t make bail.
CORLEY: Jim Kaitschuk is the executive director of the Illinois Sheriffs’ Association.
KAITSCHUK: It’s amazing how people can find the money to get themselves out. The second thing is they have an opportunity where they may very well very quickly go back in front of the judge, like the next day in some cases, and the judge may say, OK, I’m going to go ahead and waive your bail, let’s release you on your own recognizance. That happens all the time.
SHARONE MITCHELL: That’s flat-out wrong.
CORLEY: That’s Sharone Mitchell, the head of the Illinois Justice Project and part of a coalition which helped draft the Illinois bill. He says pre-COVID-19, there were thousands still detained in the state because they couldn’t afford bail. But whether people languish in jail is not the Law Enforcement Coalition’s only argument. The group says communities will be less safe; that criminals released on bail will be running free, possibly committing new crimes; and that counties across the state don’t have the finances for electronic monitors, staff and other items that might be needed as people are released from jail before trial. Mitchell says he respects law enforcement, but their analysis is wrong.
* WTTW…
The Illinois State’s Attorneys Association criticized the legislation, as did law enforcement organizations like the Fraternal Order of Police Lodge 7 — which represents rank-and-file officers with the Chicago Police Department — and the Illinois Law Enforcement Coalition.
They said the legislation will make Illinois “less safe” as it “ties hands of police officers while pursuing suspects and making arrests, and allows criminals to run free while out on bail.”
State Rep. Justin Slaughter (D-Chicago) noted that opposition and said he and other legislators will continue collaborating with law enforcement and state’s attorneys in order to address their concerns and issues with the bill in the coming years.
“What we’ll be doing is engaging them,” he said, “continuing to engage them in discussion as we come up with an effective, efficient system moving forward.”
* And, as I told subscribers earlier today, this is one of the most succinct defenses of the idea I’ve yet seen…
- Commisar Gritty - Tuesday, Jan 26, 21 @ 1:54 pm:
“You seldom see people sitting in jail for low-level crimes just because they can’t make bail.”
- Commisar Gritty - Tuesday, Jan 26, 21 @ 1:54 pm:
(Citation needed)
- Dan Johnson - Tuesday, Jan 26, 21 @ 1:55 pm:
Tying freedom to wealth is one of those incredibly dumb systems that we’re just used to.
- anon2 - Tuesday, Jan 26, 21 @ 2:06 pm:
Good for Crespo in explaining the need for reform.
- Tom Collins - Tuesday, Jan 26, 21 @ 2:07 pm:
Two counter-points not mentioned in the above citations.
First, sometimes the cash posted is the only source of restitution. No cash bond means no recompense for the victim. Second, defense lawyers have pointed out many drug suspects are better off in custody. Cut them loose and they’ll go back out and overdose.
- All This - Tuesday, Jan 26, 21 @ 2:10 pm:
Carlos Ghosn jumped 1billion yen bail. No amount can make someone go to trial, especially if they think they’re going to lose.
So what’s the answer, no bail for anyone, or bail for everyone? Basing incarnation on someone being rich or poor isn’t the answer.
- Anon221 - Tuesday, Jan 26, 21 @ 2:11 pm:
Another issue that should be addressed, too, is the overdependency some counties have on cash bail to finance portions of county government. Many of these counties have become so dependent on the percentage they get to keep, that they are very worried on how they will make up the shortfalls that are, frankly, their own doing by going down that budgeting road in the first place.
- JoanP - Tuesday, Jan 26, 21 @ 2:14 pm:
=You seldom see people sitting in jail for low-level crimes just because they can’t make bail.=
Garbage. I practiced criminal law for 35 years, and I saw plenty of clients who were in that exact situation. And too many of them took plea deals when they should have gone to trial, because they needed to be out.
=No cash bond means no recompense for the victim=
Cash bond seldom = restitution. Victim gets in line behind court costs, which seem to increase constantly.
- Downstate Illinois - Tuesday, Jan 26, 21 @ 2:14 pm:
So called bail reform is designed to put more criminals on the street and make our communities more dangerous. The lawmakers pushing this are representing the interests of the criminal gangs far more than their legitimate constituents.
- All this - Tuesday, Jan 26, 21 @ 2:18 pm:
== So called bail reform is designed to put more criminals on the street and make our communities more dangerous.==
Do you think Rittenhouse should have gotten released on bail?
- 1st Ward - Tuesday, Jan 26, 21 @ 2:21 pm:
Not defending the dude in any way but to bring Kyle Rittenhouse up in this debate makes no sense. He didn’t bond out on his own. He was bonded out due to the high profile nature of his case and high profile pro-bono attorney that set-up and marketed a charitable fund - effectively a go-fund-me through twitter. The same thing Kamala Harris and other high profile Dems did in Minneapolis when people were arrested and charged.
Actual data from both sides would be helpful in the debate. Where is the sheriff coming up with their data and where is the justice project coming up with theirs.
Rich - The dude is a high school drop-out with no dad whose mom worked at some hourly place. I don’t know how you believe this is a “succinct argument”.
https://www.cnn.com/2020/11/20/us/kyle-rittenhouse-kenosha-shooting-bail-release/index.html
- Oswego Willy - Tuesday, Jan 26, 21 @ 2:24 pm:
===The lawmakers pushing this are representing the interests of the criminal gangs===
Do the gangs have registered, in-house lobbyists or do they farm that out?
Can you explain how these lawmakers are representing a criminal element here, in specifics outside the scare tactics of “law and order”.
It’s this type of hyperbole that makes criminal justice reform poisonously impossible, as any reform, it seems, is lawmakers representing the interests of alleged criminals.
- Donnie Elgin - Tuesday, Jan 26, 21 @ 2:30 pm:
The Illions Dem’s had to back off of qualified immunity, so the elimination of cash bail looks less radical. Typical negotiation you give in on a preposterous issue and then the one you really wanted seems OK. Well done.
- Chicagonk - Tuesday, Jan 26, 21 @ 2:33 pm:
One side paints the picture that most people in jail unable to post bail are in for non-violent offenses which is not true. If you are looking for a source FOIA the Cook County Sheriff or read John Pfaff’s book Locked In. That being said, I’m ok with the bill. Cash bail favors those with money and that is unfair. But now it’s on judges to make really difficult decisions on who they need to keep locked up.
- Bigtwich - Tuesday, Jan 26, 21 @ 2:36 pm:
Since Jim Kaitschuk maintains “You seldom see people sitting in jail for low-level crimes just because they can’t make bail”, I see no harm is making that the default option.
- RNUG - Tuesday, Jan 26, 21 @ 2:37 pm:
== gun crimes where the defendant poses a threat to a specific, identifiable person ==
That one I have an issue with. When drive-by shootings occur, you can’t always identify a specific person … but there is clearly a risk to neighbors and bystanders. Example: last night’s running gun battle between 2 cars going down 10 or 12 blocks of West Ash that continued until a wreck occurred with 2 life threatening injuries from being shot.
I would like to see JB line item amend the language to say ’specific person OR the public in general’ or similar language to that effect.
- Ares - Tuesday, Jan 26, 21 @ 2:43 pm:
Cook County and many counties are livestreaming bail hearings every day of the week. I encourage everybody to listen in bail proceedings, to understand the issues that judges face. I have seen bail used in cases of gun crimes and crimes of violence, where the alleged crime was not a homicide, but fit a pattern of prior convictions. Abolishing bail may actually result in more jailing of accused people.
- the Edge - Tuesday, Jan 26, 21 @ 2:47 pm:
This is akin to the pot law changes. Law enforcement was dead set against legalizing pot because it took a tool away from them for incarcerating “certain” individuals in their communities. Their arguments against no bail is the same. This will take away a tool they have used to incarcerate certain individuals in their community.
- Chris - Tuesday, Jan 26, 21 @ 2:47 pm:
“ I don’t know how you believe this is a “succinct argument””
If you take “like Kyle Rittenhouse” out of Rep Crespo’s tweets, it’s pretty succinct. It wasn’t necessary to the argument or applicable on the facts, since he was released under Wisconsin law, so I would guess that’s what Rich did.
- Jocko - Tuesday, Jan 26, 21 @ 2:48 pm:
==bail reform is designed to put more criminals on the street==
Says the man born on first (second, or third) base criticizing those who strike out at the plate.
- charles in charge - Tuesday, Jan 26, 21 @ 2:49 pm:
“Second, defense lawyers have pointed out many drug suspects are better off in custody. Cut them loose and they’ll go back out and overdose.”
Actually, there is good evidence that putting a person with a substance use disorder in jail significantly increases their risk of a fatal overdose after their release.
- Captain Obvious - Tuesday, Jan 26, 21 @ 2:52 pm:
Apparently no one who supports this idea is afraid of being Willie Hortoned.
- charles in charge - Tuesday, Jan 26, 21 @ 2:54 pm:
“Not defending the dude in any way but to bring Kyle Rittenhouse up in this debate makes no sense. He didn’t bond out on his own. He was bonded out due to the high profile nature of his case and high profile pro-bono attorney that set-up and marketed a charitable fund - effectively a go-fund-me through twitter.”
Are you ignorant of the fact that there are currently nonprofit revolving bail funds in Chicago and other cities in Illinois and all across the country who get people out of jail in this way every day (not just in high profile cases)? The inequitable system of cash bond is the entire reason for their existence.
- Oswego Willy - Tuesday, Jan 26, 21 @ 3:02 pm:
=== Apparently no one who supports this idea is afraid of being Willie Hortoned.===
Is it about what Willie Horton did, or was it to scare voters to Willie Horton and his race?
It’s a lazy take to jump to Willie Horton, look at the argument as stated in that tweet above.
To the post,
For me there’s an odd twisting of “don’t let the perfect be the enemy of the good” I am reading, seeing, hearing.
On one hand, reform is needed. Saying it’s not is ignoring so much to societal matters we now see differently.
Another hand? You suggest reforms, you must be siding with criminals, as non-convicted folks are jailed, being held, and maybe holding them makes the most sense.
If you’re ignoring race and wealth in this discussion, while trying to discuss fear and violence but ignoring those factors within race and wealth, that’s the crux of where we find this need to discuss, at minimum, reforms.
We’ll see how the governor looks at this and that will stir up further discussions, but deciding that anyone discussing reforms, let alone moving reforms to legislation, then to passed legislation is serving criminals as it’s purpose, that’s not being fair at looking at where we all are and how much further we need to go for safety within the honesty to that safety.
- 1st Ward - Tuesday, Jan 26, 21 @ 3:06 pm:
“If you take “like Kyle Rittenhouse” out of Rep Crespo’s tweets, it’s pretty succinct”
Why use the example to begin with if it’s irrelevant to the argument/point you are trying to make? it serves no purpose yet its used.
- Rich Miller - Tuesday, Jan 26, 21 @ 3:07 pm:
===but to bring Kyle Rittenhouse up in this debate===
If you’re explaining…
- WestBurbs - Tuesday, Jan 26, 21 @ 3:10 pm:
I’m no expert so feel free to push back. But I think that new law gives Judges discretion to detain pending trial a broad swath of accused felons, including carjackers, armed robbers, and residential burglars. Those accused of non-probationable forcible felonies can be detained on finding of a “specific, real and present threat to any person OR the community.” A “forcible felony” includes any felony “which involves the use or threat of physical force or violence against any individual.” And non-probationable includes a long list …https://illinoiscaselaw.com/sentencing-index/#:~:text=Some%20charges%20in%20Illinois%20are,Probation%20is%20not%20permitted.
- Chris - Tuesday, Jan 26, 21 @ 3:11 pm:
“ Why use the example to begin with if it’s irrelevant to the argument/point ”
To score cheap political points with some constituency, I would guess. Happens everyday, on all sides.
- Rich Miller - Tuesday, Jan 26, 21 @ 3:12 pm:
===it serves no purpose===
He was bailed out, wasn’t he? Deal with it.
- 1st Ward - Tuesday, Jan 26, 21 @ 3:14 pm:
“He was bailed out, wasn’t he? Deal with it.”
I think we all are aren’t we?
- Thomas Paine - Tuesday, Jan 26, 21 @ 3:16 pm:
JoanP nails it.
Prosecutors object because they use pre-trial incarceration to squeeze people into taking a plea deal.
Police object because they object to the idea of due process completely. As far as they are concerned, the person they arrested is already guilty….or they would not have arrested them.
- BCOSEC - Tuesday, Jan 26, 21 @ 3:19 pm:
Many drug suspects would be better off if they were sent to a rehabilitation facility that would first quickly assess them and then recommend to the court a treatment plan, which could include either inpatient or outpatient treatment, other pretrial conditions, or none.
Jails are largely de facto detox facilities. They were never meant to be that.
Criminal justice reform must include reform of substance dependency issues. Substance dependency is directly tied to a large percentage of crime. Get that under control, you will see a large drop in burglaries, batteries, assaults, property crimes and juvenile abuse and neglect cases. It is a rare thing to have an abuse and neglect case downstate where the parents aren’t substance dependent.
It is true that releasing someone who is heavily dependent on meth will likely lead to him or her picking up another charge. Many times this happens when he or she doesn’t show up to court, is arrested on an FTA warrant, is searched incident to arrest, and is in possession of meth. The cycle repeats.
Unfortunately, with a drug like meth, voluntary rehab won’t get many takers. Drug Courts are doing great things, but the Drug Court Statute in Illinois was not funded. There has been more funding provided for Drug Courts in Illinois recently, but there are enough people with substance dependency issues such that funding could be multiplied by 10 and it still might not be enough.
Most of the little counties Downstate have approximately one meth arrest annually for every one hundred adults between the ages of 18 and 65. Think 100 annual meth arrests for every 10,000 people. Then think that maybe only 1 in 5 to 1 in 10 with a meth dependency problem are arrested annually for possession/delivery. The problems in the rural counties with meth are staggering, same with opiates in and near the burbs and larger cities.
Substance dependency is a vexing problem. Since most do not deal with it first hand, those that don’t might not realize how much crime it underlies and how tough of a problem it is to solve.
- Thomas Paine - Tuesday, Jan 26, 21 @ 3:26 pm:
Unless you have reason to believe that Kyle Rittenhouse is a threat to others or a risk of flight, there is no reason he should be held until trial.
His conditions of release should require him to remain in his home county except for court appearances, require him to surrender all fire arms and prohibit any weapons in his home, and restrict him from social media and media appearances.
- walker - Tuesday, Jan 26, 21 @ 3:39 pm:
Joan P nails it
- TNR - Tuesday, Jan 26, 21 @ 3:40 pm:
Lots of hyperbole from the opponents of bail reform out there, but the proponents also have a habit of dismissing legit concerns.
Rittenhouse is being prosecuted in the federal system, which ironically, bail reform supporters often point to as having a much fairer bond system than state court. And having a no-cash bail system does not ensure murder suspects won’t be released, as proponents (and Crespo’s tweet) imply. In fact, a recent Tribune story pointed out Cook County’s bond reform policies have resulted in more murder suspects being release, primarily on electronic monitoring.
I find plenty of room in the middle on this issue. Cash bail is way overused, and contrary to what Kaitschuck says, does result in suspects being held for being poor. But there are instances when requiring cash to be posted makes sense, specifically when a suspect has a history of skipping court dates.
- ArchPundit - Tuesday, Jan 26, 21 @ 4:58 pm:
===Jails are largely de facto detox facilities. They were never meant to be that.
Worse, they are largely mental health facilities in general and often the only place the inmates may get services.
Willie Horton is a weird example here. Willie Horton was convicted of a crime and sentenced to life in prison without parole. A policy of weekend furloughs for such offenders was and is a bad idea.
The people we are talking about here have not been convicted. You want them in prison–convict them. Otherwise the guidelines provide plenty of ability to require bail for those who might miss multiple court dates or to detain those who are a danger.
Keep in mind, there still should be considerations for the seriousness of the crimes where they have missed court dates. Nuisance crimes keep far too many people in jails. Instead work on a monitoring system that reminds people and gets them to court. You know, like a functioning public defender system.
- Amalia - Tuesday, Jan 26, 21 @ 5:02 pm:
The tone of the proponents as it comes out in the press is about equity, ability or inability to pay, and that all feels like a rallying cry which is useful for politics but not good for the public. Especially when there is a wave of crime… murders and car jackings including with the threat via guns….that is terrifying city and suburban communities. A change of tone may not convince opponents, but it sure would help the public understand. Keeping those most potentially dangerous in pre trial detention is the goal. To accomplish that, we need to focus resources on those people and not on people whose alleged crimes should not keep them in jail if they cannot pay bail. My fear is that many on the no bail cause do not take seriously legitimate concerns, as TNR states. Stop treating crime like a sociology stats issue and realize that danger must be contained. And communicate that.
- charles in charge - Tuesday, Jan 26, 21 @ 5:04 pm:
“Willie Horton is a weird example here. Willie Horton was convicted of a crime and sentenced to life in prison without parole.”
When have these types of factual distinctions ever mattered to people who engage in “Willie Horton” fear-mongering tactics?
- LastOneIn - Tuesday, Jan 26, 21 @ 6:38 pm:
In Illinois today, all 12 jurors can say you are not guilty, but you still will not get back 100% of your bail money. That is legalized theft.
- Elmer Keith - Tuesday, Jan 26, 21 @ 7:15 pm:
“The Illinois State’s Attorneys Association criticized the legislation…” Generally the vast majority of State’s Attorneys are way too chummy with police. Prior to passage of Brandon Phelps’ concealed carry bill, I had a conversation with the Madison County SA, can’t remember his name.
He had publicly endorsed citizen carry, but he would not oppose the criminal Duty to Inform, which can get licensed citizens killed, especially by police that are off-duty or not in uniform. When I discussed this with Elaine Nekritz, she said that the prosecutors and police unions “all link arms.” That’s the best description I’ve ever heard of the incestuous relationship between police and prosecutors. This bail reform bill breaks up that unhealthy relationship, and restores checks and balances.
- ANON - Tuesday, Jan 26, 21 @ 8:45 pm:
So with all the exceptions, does this bill apply to anyone charged with a felony?
- Third Reading - Tuesday, Jan 26, 21 @ 8:52 pm:
Former Rauner guy Jim Kaitschuk is supposed to be a knowledgeable source on cash bail? I mean he was so successful guiding the former governor’s agenda through the GA.