* WCIA on the SAFE-T Act…
“The people that were currently in custody are going to have to file a motion for a hearing, to have their case considered,” Sangamon County Sheriff Jack Campbell said. “And so it’s gonna be a tiered system depending on what charge you’re in here for, depending on your criminal history, depending on if you’re a flight risk, there’s a lot of components that come into that issue.”
On Tuesday, the Illinois Supreme Court ruled to uphold the SAFE-T Act, paving the way to eliminate cash bail in Illinois starting September 18th. When that day comes, people currently in pre-trial detention could get a hearing to be considered for pre-trial release.
“We have a lot of Class X felons that are not going to be eligible, a lot of flight risk, a lot of violent individuals, and that’s typically who we’re going to house here anyway,” Campbell said. “So I don’t think we’re going to be releasing a lot when it’s all said and done. But again, that will be up to the court to determine.”
* WGEL…
Sixty-five state’s attorneys, including Bond County’s Dora Mann, were part of a lawsuit, arguing the act is unconstitutional. […]
State’s Attorney Mann was upset about the ruling and was asked about it at Tuesday night’s Bond County Board meeting. She said Illinois will be the first state in the nation to eliminate cash bail. She said while she will follow the law, she believes this move will be detrimental to the state. Mann pointed out detainees can only be held for up to 90 days and there is one individual currently in the Bond County Jail on a murder charge who has been in jail for 18 months. She said most of those who are arrested will not be held whatsoever, which will lead to staff in her office working seven days a week.
Mann said in addition to the strain on her office, it will put strain on all levels of law enforcement as well. The mandate is unfunded and she pointed out the county will experience a $600,000 loss in revenue just from not having bail fees. The State’s Attorney said she called the county jail recently, the staff member told her the detainees were having a party as they just heard the news about the supreme court ruling and they couldn’t hear her talking on the phone. [Emphasis added.]
The claimed county revenue loss is twice what was recently estimated by Goodin Associates, which provides judicial record-keeping software for most Downstate Illinois counties. And Mann’s 90 days claim is highly misleading, to say the least. From the actual statute…
In computing the 90-day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuant to Section 103-5.
* Patch…
“What we’ve seen is circumventing the people’s will, that’s been done by legislators and a governor who passed this law and then a supreme court using judicial review to, in effect, change the language of the Constitution,” Jefferson County Sheriff Jeff Bullard told Fox News. “That’s not proper, that’s not lawful.”
And Center Square…
Gov. J.B. Pritzker said the court’s order was a “common sense ruling.” And, despite concerns of perceived conflicts of interest from the governor’s $1 million donation to each of two Supreme Court justices from when they were running for the job in 2022, Pritzker praised the jurists.
“I think every one of those jurists is a person of good repute. They’re bringing all of their knowledge and experience to the table to try and make good decisions,” Pritzker said.
Pritzker said Republicans lost on the issue in the 2022 election.
State Rep. Steve McClure, R-Springfield, argued ending cash bail would lose if put up to the voters. McClure decried the ruling and the justices who didn’t recuse themselves.
“I’m sorry, but those two justices should not be ruling on any case involving any major piece of legislation involving Gov. Pritzker. Period,” McClure said.
A little history from the Illinois Supreme Court…
In April 2020 the Illinois Supreme Court Commission on Pretrial Practices (Commission) published its report on pretrial reform after studying best practices in use around the country for two years. The Commission’s final report was approved by the Supreme Court in May 2020.
That report, approved by the Supreme Court long before redistricting and the 2022 election, concluded that bail did not historically mean “cash.” This case was a slam dunk.
* WEEK…
Peoria County State’s Attorney Jodie Hoos said her office is picking up where it left off preparing for the elimination of cash bail on Sept. 18.
Local court systems knew the change was coming since last fall. The SAFE-T Act was supposed to fully go into effect on Jan. 1 of this year, but the challenges in the court delayed its implementation until now.
“We’re going to start it back up again mid-September. We’re ready,” Hoos said. “As far as Peoria County, I don’t think much is going to change. Most of the people in Peoria County Jail currently are going to stay there. I don’t think the SAFE-T act changed much of that at all.”
* Related…
* Non-profit applauds Illinois Supreme Court ruling on SAFE-T Act: However, Safer Foundation, a non-profit dedicated to helping former offenders transition to life after prison applauds the ruling. The organization has locations throughout Chicago, its suburbs and one in the Quad Cities. Public Policy Analyst Mark McCombs said eliminating cash bail levels the playing field. “We’ve been very happy with [the court’s decision],” McCombs said. “[Under the law] money and an individual’s ability to pay is not the criteria for whether or not they have to … linger in prison before they’ve been convicted.”
* We stand together, celebrating the end of cash bail in Illinois: As faith leaders from the Rockford region, we are united in celebrating the Illinois Supreme Court’s decision to uphold the Pretrial Fairness Act. Ending the injustice of the money bond system is a significant moral victory that makes our state a leader in the movement to end mass incarceration.
- Save Ferris - Friday, Jul 21, 23 @ 11:12 am:
“there is one individual currently in the Bond County Jail on a murder charge who has been in jail for 18 months”
This needs immediate follow up.
- TheInvisibleMan - Friday, Jul 21, 23 @ 11:13 am:
“And Mann’s 90 days claim is highly misleading, to say the least.”
The neat thing about this now, is we have a self-selected list of sixty-five officials we should no longer listen to the opinions of regarding these matters.
- Arsenal - Friday, Jul 21, 23 @ 11:18 am:
==State Rep. Steve McClure, R-Springfield, argued ending cash bail would lose if put up to the voters.==
And yet, in 2022, everyone knew that Dems were for ending cash bail and Republicans were against it, and…how did that turn out?
- Oswego Willy - Friday, Jul 21, 23 @ 11:18 am:
When, in the end, you are likely gonna eat it, own it, be the one doing it, odds are you’re gonna downplay the dangers you, mere months ago, warned was gonna happen.
“Why? Why all the phony angst only to downplay what you allegedly feared?”
Aren’t Sheriffs elected?
Yeah. Yeah, they are.
Also, no state’s attorney is gonna say “welp, I’m gonna open the jails”
“Why won’t they say that more now?”
Welp, they’re elected too, and being soft on crime isn’t what the SAFE-T Act was about. Scaring folks was just a red herring to it all, and the tools necessary for these prosecutors, within the constitutional parameters of this new law, it’s function, well, it’s about the monies, or a discussion to that now, in the open.
- Oswego Willy - Friday, Jul 21, 23 @ 11:21 am:
===would lose if===
Meh.
Any Republican pushing ideals they see as their platform seemingly can’t win races, as - Arsenal - also points out.
Then again, aren’t Republicans trying to suppress voters and voting?
Huh.
- Friendly Bob Adams - Friday, Jul 21, 23 @ 11:25 am:
A county that ignores the law and refuses to release someone prior to trial that would otherwise have been able to make cash bail would seem to be asking for quite a lot of legal expenses.
- The Truth - Friday, Jul 21, 23 @ 11:32 am:
“there is one individual currently in the Bond County Jail on a murder charge who has been in jail for 18 months”
This needs immediate follow up.
Right!? Do these people not realize what they are admitting to?
- Rich Miller - Friday, Jul 21, 23 @ 11:34 am:
===what they are admitting to? ===
It’s also possible that the defendant’s attorney has asked for the extensions.
- Flyin'Elvis'-Utah Chapter - Friday, Jul 21, 23 @ 11:37 am:
Oh no.
I was promised Armageddon and Armageddon I shall have.
- walker - Friday, Jul 21, 23 @ 12:04 pm:
Some elected officials get lost in the performance parts of their political roles.
Most do their jobs well when not in front of cameras, and I expect most of our SA’s will adapt and act responsibly in this case as well.
- Demoralized - Friday, Jul 21, 23 @ 12:06 pm:
==-that’s not lawful==
The Supreme Court of Illinois is not lawful. Good to know. Stop whining Sheriff. You. Lost. Implement the law.
- Oswego Willy - Friday, Jul 21, 23 @ 12:18 pm:
===What we’ve seen is circumventing the people’s will===
That pesky constitution.
- Big Dipper - Friday, Jul 21, 23 @ 12:24 pm:
I thought it is not unusual in Cook County to be detained two to three years before trial.
- Amalia - Friday, Jul 21, 23 @ 12:27 pm:
that’s the thing. the State’s Attorney can ask, the judge can say, yep fear of danger in between and in the Defendant goes until trial. in some places could more go in? Judges, elected, will be under more of a microscope. SAs too. but that is the nature of assessment of crimes. individual situations assessed for details. that is why the sweeping statistics of crimes often mean nothing to me. judgment is supposed to be about the individual, the crime, the witnesses, all the facts. not stats on how many of whatever wherever arrested. we should not base the treatment of an individual on anything other than the facts, the evidence.
- Arsenal - Friday, Jul 21, 23 @ 12:48 pm:
Campbell has never had his heart in the Republican culture war crap, so it’s not surprising to see him back down, but it sure makes it clear that he was giving us the runaround for the last year.
- Jerry - Friday, Jul 21, 23 @ 12:49 pm:
Circumventing the peoples will? Spare me the histrionics.
Bay-lee ran on a platform if you run out of Wally World with a snak cake you to go to jail for the rest of your life.
- illinifan - Friday, Jul 21, 23 @ 1:00 pm:
Great report. The key is average time held due to not being able to post bail ranges from 50-200 days (naturally there are being held longer this). There are times where once a person gets to trial and is sentenced they actually were held longer their sentence would have been. https://www.hamiltonproject.org/assets/files/BailFineReform_EA_121818_6PM.pdf
- Dotnonymous x - Friday, Jul 21, 23 @ 1:18 pm:
“What we’ve seen is circumventing the people’s will… Jefferson County Sheriff Jeff Bullard
We?…the people?…Sheriff Jeff can’t speak for himself?…without imagined co-signers?
- JS Mill - Friday, Jul 21, 23 @ 1:32 pm:
Sheriffs are more autocratic than any office I know of. Politicians not law enforcement.I will be disregarding them out of hand moving forward.
=“I’m sorry, but those two justices should not be ruling on any case involving any major piece of legislation involving Gov. Pritzker. Period,” McClure said.=
These judges were elected not appointed like federal judges. Give it a rest McClure.
- unafraid - Friday, Jul 21, 23 @ 2:32 pm:
= The mandate is unfunded and she pointed out the county will experience a $600,000 loss in revenue just from not having bail fees. =
Not a good reason. Not there to make money for the state/county etc. However, this all needs to be very carefully examined and reviewed as to public safety as well as to just how many do not show up for trial. Let’s see what happens.
- Former Downstater - Friday, Jul 21, 23 @ 3:16 pm:
==the county will experience a $600,000 loss in revenue just from not having bail fees.==
Wow, thanks for admitting another institution is funded on the backs of poor people.
- low level - Friday, Jul 21, 23 @ 3:55 pm:
McClure’s statement is just clownish. Im sure he’d be saying the same thing if the justices were Republican, right?