Afternoon roundup
Wednesday, Jul 19, 2023 - Posted by Isabel Miller
*Press release from Attorney General Kwame Raoul…
Attorney General Kwame Raoul today, alongside 20 attorneys general, sent a letter to Fortune 100 companies in support of diversity, equity and inclusion efforts in the workplace. The letter is in response to a letter 13 Republican attorneys general sent to the companies in an attempt to undermine efforts to reduce racial inequities in corporate America by falsely claiming that programs to address racial disparity are unlawful.
“These 13 Republican attorneys general, while cloaking their letter in a theme of colorblindness, have audaciously targeted programs aimed at helping African Americans gain access to economic opportunity,” Raoul said. “Diversity initiatives are not just laudable goals, they are also good for business. I have a deep commitment to working with private employers to help further diversity, equity and inclusion in Illinois, and I will continue to be an advocate and champion of civil rights and racial progress.”
In today’s letter, Raoul and the coalition applaud corporate efforts to recruit diverse workforces and create inclusive work environments while encouraging the companies to double-down on diversity-focused programs. The letter also reiterates that such efforts are legal and reduce corporate risk for claims of discrimination, and that:
- Corporate diversity programs are lawful and serve important public and business purposes.
-Hollow claims of unlawful discrimination against white people at Fortune 100 companies do not change the fact that women and people of color continue to face barriers in the workplace.
-The businesses and workers of America should not be intimidated into abandoning diversity goals at a time when they are more important than ever.
AG Raoul also had an opinion piece in Crain’s this morning.
* State avoids Clean Air Act sanctions. Capitol News Illinois…
A proposed change in state air pollution regulations will move forward despite an objection from a legislative oversight committee, allowing the state to avoid federal sanctions that otherwise would go into effect next month.
The change, which came from the Illinois Pollution Control Board and the Illinois Environmental Protection Agency, repeals existing language that allowed factories, refineries, power plants and other facilities to exceed their emission limits during shutdowns, startups, and malfunctions.
The previous rules also gave the owners of those facilities a certain level of immunity from civil lawsuits for exceeding their emission limits during those events.
The change was necessary because of recent court decisions that prompted the U.S. EPA to change its interpretation of the federal Clean Air Act, a program that is largely administered and enforced by state and local governments.
* Good news for Englewood…
A community organization leading the charge to transform an abandoned railway line and nearby vacant land into a vibrant agro-eco district received another boost in funding Monday, pushing the nearly two-decade-long dream forward.
Grow Greater Englewood received a $3.8 million grant from the Bezos Earth Fund to continue work on the Englewood Nature Trail, a 12-foot-wide, ADA-accessible, multi-use trail. The elevated path will run behind 58th and 59th streets between Wallace and Hoyne Avenues.
Chicago-based nonprofit Blacks In Green also received $1.5 million in funding to scale its Sustainable Square Mile pilot in Woodlawn. The Black Oaks Center for Sustainable Renewable Living received $1.75 million to support local farms and farmers. A complete list of Bezos Earth Fund awardees is available here.
* If you’re looking to get caught up on today’s City Council meeting here’s Erin Hegarty thread…
* Press release…
Today, Governor JB Pritzker and the Illinois delegation concluded their mission to the United Kingdom. Over the past several days, the Governor participated in discussions on bilateral collaborations in technology and higher education, meetings with business organizations to strengthen ties to Illinois, and announced the intent to pursue a Memorandum of Understanding (MoU) with the UK to advance trade and economic development goals in Illinois.
The Governor hosted a “Clean Energy & Clean Technology” roundtable with Illinois and United Kingdom-based energy companies. At this meeting, the present parties signed an MOU intending to strengthen collaboration to create a net-zero energy future. Illinois has been a leader in the clean energy space and is the first state in the Midwest to require carbon free energy by 2050. The list of companies included in the MoU are Commonwealth Edison Company, Ameren Illinois Company, The Peoples Gas Light and Coke Company, North Shore Gas Company, Northern Illinois Gas Company, National Grid plc, UK Power Networks, and Energy Networks Association.
Both the Illinois and UK-based companies promise to expand the use of sustainable technologies and renewable energy to support economic growth and the creation of jobs across both the United Kingdom and the State of Illinois. During this meeting, the Governor highlighted Illinois’ clean energy benefits to businesses looking to expand in the United States. Illinois’ Climate and Equitable Jobs Act is devoting $180 million per year to workforce programming to build the clean energy workforce.
“Under the leadership of Governor Pritzker, Speaker Welch, and the General Assembly, Illinois is recognized as a national leader in the efforts to decarbonize the energy sector,” said Ameren Illinois Chairman and President Lenny Singh. “Ameren Illinois is proud to collaborate with the Governor, our utility colleagues, and our friends in the United Kingdom to accelerate this transition and bring the economic benefits to central and southern Illinois.”
“We are building a bright, sustainable future with a focus on providing customers affordable and reliable energy. Our research and investments in emerging clean energy technologies — including renewable natural gas and hydrogen — and our success significantly reducing leaks in old pipelines will help the state meet its climate goals while creating jobs and strengthening the economy,” said Torrence Hinton, president — Peoples Gas and North Shore Gas. “On behalf of our customers and the dedicated men and women of Peoples Gas and North Shore Gas, I am pleased to sign this Memorandum of Understanding.” […]
The Governor also met with major partners in the quantum computing space. Many of these members also met the day prior at an “Innovation and Technology” Roundtable at the University of Chicago Booth School of Business in London. Illinois is home to more National Quantum Science Information centers than any other state and is one of the largest contributors to the National Quantum Initiative Act. Governor Pritzker’s administration is ensuring the future of quantum computing is centered in Illinois through a $200 million investment in the Chicago Quantum Exchange
Lastly, the Governor hosted the Delegation’s Farewell Dinner to mark the end of the 2023 UK Trade Mission with the Illinois Delegation. This trade mission’s goal was the strengthening of bilateral collaboration between the UK and Illinois. Highlights of the trip include the Goodwood Festival of Speed where the Governor discussed Illinois’ commitment to electric vehicles, discussions with business and education leaders on enhancing the economic cooperation between the UK and Illinois and initiating an MoU between the United Kingdom and Illinois.
* Props to the student journalists that keep breaking major stories…
* Isabel’s afternoon roundup:
* Tribune | 2nd football hazing lawsuit filed against Northwestern; lawyers say legal action also forthcoming related to baseball and softball: Like the suit filed Tuesday on behalf of John Doe 1, another former football player, the complaint by John Doe 2 does not specify actions against the plaintiffs, but alleges long-standing issues of hazing and bullying that took on a sexual or racist tone.
* Crain’s | NU hazing accusers now include former softball, baseball players, attorneys say: At a Wednesday press conference, which included comments by four former Northwestern football players, Crump and Chicago attorney Steven Levin said they have not filed a lawsuit yet on behalf of any athletes but currently represent 15 people, including some former players from the baseball and softball programs. All of their clients are former players.
* WCIA | Champaign organization excited over Safe-T Act ruling, feels it will support those in jail: One Champaign organization is excited about the Safe-T Act decision. James Kilgore, an advocacy director with First Followers, said he’s been fighting about it for many years. First Followers is a re-entry program to support people who were once in jail. Kilgore wants to transform the criminal legal system.
* Crain’s | Pritzker hails ‘fantastic’ trade mission to the United Kingdom: “It’s not like you snap your fingers and things happen,” Pritzker said of the weeklong trip. Still, he added, “Illinois needs to do more on the international front.” In that vein, other trips are coming soon, the governor said, indicating that similar trips to Asia, Israel and other portions of Europe may well be among them.
* Sun-Times | Thaddeus ‘T.J.’ Jimenez, ‘Motive’ podcast subject, sentenced nearly 8 years after a shooting caught on video: Jimenez gets 12 years in prison. He gained fame when City Hall gave him a $25 million wrongful-conviction settlement. He then lavished cash on his gang in the years before the 2015 shooting, authorities say.
* CBS Chicago | 2 men charged in catalytic converter operation across 8 counties in northern Illinois: The men worked together from August 2021 through March 2022 to steal the converters from vehicles in Cook, DuPage, Kane, Will, DeKalb, Lake, McHenry, and Winnebago counties, according to Raoul.
* WBEZ | Drought, deluge and the climate curious farmers of central Illinois: “You can’t sit in Washington and tell people how to farm,” said Larry Dallas, who farms about 2,000 acres near Tuscola, and has used conservation practices during his 39 years in business. “There is practicality involved. The technology is out in the field.”
* Bloomberg | White House asks Walgreens, CVS, Walmart for help promoting drug-cost law: US health officials met Tuesday at the White House with leaders of CVS Health Corp., Walgreens Boots Alliance Inc. and Walmart Inc., seeking help to tout the benefits of the Inflation Reduction Act, a Health and Human Services Department spokesperson said. Along with capping insulin prices and expanding access to adult vaccines, the law will allow Medicare, the US health program for the elderly, to negotiate prices of costly drugs made by some of the biggest pharmaceutical companies.
* KFVS | The Boys & Girls Club of Southern Illinois announces closure: According to a press release from the BGCSI, they will cease all operations on Friday, July 21. The release also said this decision comes from the Board of Directors after much discussion and exploration of options that would allow continued operation.
* Bloomberg | Ken Griffin purchases Palm Beach property for $83 million: — Billionaire Ken Griffin snapped up a property on Palm Beach’s Worth Avenue for $83 million, located next to a former Neiman Marcus store that his firm has planned to use as an office. With the latest purchase, Griffin now owns both properties at 125 Worth Ave. and 151 Worth Ave., according to spokesman Zia Ahmed. The seller of 125 Worth Ave. was the Frisbie Group and Dreyfuss Management, said Rob Frisbie, a principal of the Frisbie Group.
* SJ-R | Gibson, Sangamon County Courthouse facility dog, passes away: With his blue vest and photo ID card on his collar, Gibson, an eight-year-old black lab, was a familiar presence around the courthouse since 2017. Gibson accompanied people into the courtroom who had given testimony and was used at the Sangamon County Child Advocacy Center when police and prosecutors were conducting forensic interviews with children.
* Center Square | Swift fills more Chicago hotel rooms than NASCAR: According to Choose Chicago, the city’s tourism arm, Chicago hotels averaged more than 36,000 room bookings per night from June 30 to July 2, an occupancy rate of 79%.
* WCIA | Villa Grove pushes dead tree removal to limit future storm damage: Villa Grove wants to avoid future storm damage by asking people to get rid of their dead and diseased trees. The city took to social media for some help from the community after the derecho on June 29. Villa Grove Police Chief Robert Rea said he found a village ordinance that says homeowners are responsible for dead and diseased trees.
* Daily Herald | Sugar Grove Corn Boil Festival kicks off Thursday; organizers say it could be the last: The free festival started in 1967 as a fundraiser for the Sugar Grove Young Adults Club. This year marks the 53rd Corn Boil. But organizers say without more volunteers, there may not be a 54th. Sugar Grove Corn Boil NFP, a nonprofit group, organizes the event.
* NPR Illinois | Services planned for Emma Shafer: The visitation will be held at First Presbyterian Church with a service to follow. The service can be viewed on Emma’s page at StaabObituary.com. Shafer has been described as a young woman intent on making a difference. She was the membership chair of the Sierra Club Sangamon Valley Group, an incoming board member for the Springfield Immigrant Advocacy Network, a former organizer with Faith Coalition for the Common Good, and an active volunteer with countless other community groups.
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* Office of Cook County Board President Toni Preckwinkle…
Today, the Illinois Supreme Court released a strong, clear decision upholding the constitutionality of the Pretrial Fairness Act, which ends the money bond system in Illinois. The Pretrial Fairness Act was signed into law in February 2021 as part of the SAFE-T Act. It overhauls the pretrial release and detention decision-making process statewide.
Cook County Leaders remain united in our commitment to collaborative implementation of the Pretrial Fairness Act, consistent with today’s Supreme Court opinion.
“We stand united in support of our court system stakeholders as they move forward with Pretrial Fairness Act reforms, ending money bond and implementing a pretrial process rooted in equity and community safety,” said Cook County Board President Toni Preckwinkle. “My administration stands ready to provide resources and counsel where we can be of service as we move forward toward a more just and equitable future for all.”
Since the Pretrial Fairness Act was signed into law in February 2021, Cook County’s criminal justice agencies have been engaged in a collaborative planning process to ensure countywide preparedness for implementation of the law. As part of this process, representatives from each of the County’s criminal justice agencies have participated in consistent working groups alongside local law enforcement, advocacy groups and community representatives. In light of the Supreme Court’s decision, planning for the end of the money bond system will move forward in earnest with strong support from the stakeholders.
“With the end of money bond, Illinois becomes the first state to end a system that criminalized poverty by prioritizing access to cash over community safety. We stand on the right side of history as we work to implement these changes in Cook County,” said State’s Attorney Kim Foxx. “The Cook County State’s Attorney’s Office spent over 18 months training staff for the implementation of the Pretrial Fairness Act. We were prepared on January 1 and now stand ready for September 18 when cash bail finally ends in our state.”
“Today marks a significant victory for justice across Illinois as the state takes a momentous and historical step towards ending money bond. Our office is proud to be collaborating to implement the historic reforms in Cook County, helping to bring about a more fair and equitable justice system for all residents,” said Iris Y. Martinez, Clerk of the Circuit Court of Cook County.
Cook County was poised to successfully implement the end of money bond on January 1, 2023 and remains committed to coordinated, successful implementation on September 18, 2023. All county agencies will continue to work together to ensure stakeholders and employees receive the training and support needed to put this historic reform into practice.
“The attorneys and staff at the Cook County Public Defender’s Office are poised and ready to implement the historic end to money bond. We have created a new Pretrial Division, which is trained and equipped to robustly represent our clients throughout the new pretrial process. We have developed the necessary policies and procedures and collaborated extensively with the county’s court system stakeholders to ensure a smooth transition,” said Cook County Public Defender Sharone R. Mitchell, Jr.
“The Pretrial Fairness Act represents a critical step forward for economic and racial justice in Cook County and Illinois,” said Avik Das, Executive Director of the Justice Advisory Council. “We will be working closely with agencies, partners and community members to ensure the reforms are thoughtfully implemented, centering the needs of justice involved individuals as well as communities.”
* IL Freedom Caucus…
“As expected, the partisan Supreme Court ruled with JB Pritzker to uphold the revocation of the cash bail provisions of the SAFE-T Act. This is another example of judicial activism.
Article 1, Section 9 of the Constitution states, ‘all persons SHALL be bailable by sufficient sureties.’ The Illinois Supreme Court contends there is no mandate in the Constitution for cash bail, but the Constitution reads ‘SHALL’ not ‘May.’ The difference between these words is the subject of extensive debate on the floor of the House and Senate. Shall denotes a requirement. May denotes discretion. The Supreme Court has put partisan politics above the law and above common sense. The idea that there is no mandate for cash bail when the word ‘shall’ is clearly used in our Constitution is absurd on its face. The Illinois Supreme Court has failed the people of Illinois and has put the lives of our citizens at risk with this partisan ruling today.”
* Rep. Adam Niemerg…
State Representative Adam Niemerg (R-Dieterich) says the Illinois Supreme Court ruling today on the SAFE-T Act is reckless and will ultimately make our communities less safe.
“The political leaders in Illinois are about one thing – self-preservation,” Niemerg said. “JB Pritzker contributed millions in the last election cycle to elect Democrats to the Illinois Supreme and his reward is the mental gymnastics used to justify eradicating cash bail which is enshrined in our Constitution in the very first article. What has happened today is another example of the culture of corruption that has been the hallmark of Illinois politics for far too long.”
Niemerg said beyond the politics of the ruling, communities will be less safe as a result of the Court’s partisan actions.
“There will be more criminals put back on the street as a result of this law which will put people’s lives at risk,” Niemerg said. “It also will make it even tougher for people to cooperate with police and identify suspects. They will be less willing to ID criminals out of fear they will be targeted once the suspect is released from custody. The Illinois Supreme Court’s decision to put politics ahead of common-sense and the plain language of the Constitution has put lives at risk.”
* US Rep. Darin LaHood…
“Under Governor J.B. Pritzker, Illinois has become less safe and violent crime is on the rise. Instead of giving law enforcement the tools they need to go after criminals, Governor Pritzker’s soft-on-crime policies, like ending cash bail, hinder cops from keeping communities safe. With morale of law enforcement at an all time low in Illinois, police departments across our state are struggling to recruit officers because of policies like the SAFE-T Act. The Illinois Supreme Court’s ruling is misguided, it will harm law enforcement, and make Illinois less safe.”
* Rep. Tim Ozinga…
“Today’s ruling in favor of the SAFE-T Act is disappointing, but not surprising. The current polarization of party politics has led to the passage of extreme legislation, such as the SAFE-T Act, that ends up helping no one. While reform is necessary to our current criminal justice system, this is not the way to do it. We cannot put our citizens, families, and communities at risk by implementing a method with no results to show for itself.
“With out-of-control crime spreading from cities like Chicago into neighboring suburbs, now is not the time to take risks when legislating public safety policies. Instead, we should focus on supporting our law enforcement and protecting our communities.”
* Rep. Fritts…
“I am deeply disturbed by today’s ruling made by the Illinois Supreme Court in favor of the SAFE-T Act. This ruling is just another step in the wrong direction for Illinois. Progressive Democrats continue to push failed, pro-criminal legislation onto the people of Illinois without regard for their safety. These soft-on-crime policies continue to prioritize the wants of criminals over the needs of our communities. We will now be the first in the nation to utilize no-cash bail, all while our state’s crime rate remains one of the highest in the country.
“Further, I stand behind the law enforcement officers who have continually spoken out against the SAFE-T Act. After their effort to defund the police failed, woke progressives are now attempting to handcuff law enforcement by making their jobs as challenging as possible. This no-cash bail policy ensures that police will continue to arrest the same offenders over and over again, therefore putting their lives in further danger and wasting more taxpayer dollars.
“I condemn this vile attempt by the Democratic majority to override the Constitution in favor of political social policies aimed at destroying what is left of Illinois.”
* Rep. Wayne Rosenthal…
Today’s ruling by the Illinois Supreme Court to completely abolish cash bail for criminals does not make Illinois safer. First, the Democrats craft “gun control” legislation which attacks law abiding citizens who have the right to defend themselves and now they eliminate cash bail for criminals who will quickly be back on the street committing crimes. This is a very dangerous road that has been created for the residents of Illinois.
The Democrats’ “SAFE-T” Act was swiftly rammed through the General Assembly Lame Duck Session and was rushed to Governor Pritzker to sign into law. This law is deeply flawed, and despite being amended multiple times, it’s had zero impact on reducing crimes throughout our communities across the state. Illinois has one of the highest murder rates in the nation, and now the first state to reform a system that rewards criminals.
Our freedoms are being stripped by the progressive agenda, and we need to stand together and fight back with comprehensive solutions which protect our citizens and gives authority back to our law enforcement officers. The people of Illinois deserve to live their lives without fear. Families depend on our laws to protect them and keep them safe; abolishing cash bail does just the opposite.
* Rep. Mike Coffey…
Today the Illinois Supreme Court ruled that abolishing cash bail for criminals is constitutional. This dangerous action does not make residents safer, in fact, it will instill fear throughout the communities across the state. The so-called “SAFE-T” Act was rushed through the General Assembly and signed into law with terrible flaws. Despite being amended multiple times, this law has done nothing to reduce violent crimes.
This approach to criminal justice reform does not provide communities with protection from violent criminals. We must continue to fight for law enforcement and stand behind them as they are sworn into a position to keep our communities safe.
Illinois is the first state in the nation to proudly abolish the cash bail system, which has one of the highest murder rates. The Democrat-Stacked Illinois Supreme Court decision to allow this provision to be deemed constitutional has an effect on every resident in the state.
Illinois families deserve the right to bear arms, to be protected by law enforcement, and to feel safe in their communities. House Republicans have created and launched a Public Safety Working Group to fight back against this progressive agenda. We will fight for our freedoms and stand with those who embrace the laws that protect our families and communities.
* Rep. Jed Davis…
“Yesterday’s Illinois Supreme Court decision sadly comes as no surprise. While I had hoped that common sense and high regard for the rule of law would have prevailed, partisan politics due to gerrymandered maps have led to one of the worst Judicial decisions I have seen in my lifetime.
“To put the wants of progressive politicians at the center of criminal law is disturbing. With high crime rates and out-of-control violence seeping into Illinois from the city of Chicago, now is not the time to experiment with what could be catastrophic changes to our laws.
“This type of legislation is a perfect example of what happens when one party has complete control over a state government. When the balance of power is out of whack in a supermajority, this kind of bogus criminal justice reform gets passed into law and the people of Illinois end up losing.”
* Darren Bailey…
* Illinois Association of Criminal Defense Lawyers…
Yesterday, in Rowe v. Raoul, the Illinois Supreme Court announced a strong affirmation of the Pretrial Fairness Act and its elimination of wealth-based jailing in the State of Illinois.
The decision represents a monumental and historic day in Illinois that will have an enduring positive impact upon our residents and communities. The Court’s opinion upholds a system of pretrial release that appropriately focuses on the presumption of innocence and allows for the incarceration of an accused individual prior to trial only when the Court has made specific findings justifying detention.
The Pretrial Fairness Act ensures that the State of Illinois will no longer allow accused individuals to buy their way out of jail–a vestige of the money bail system. It aligns Illinois courts more closely with the federal and juvenile systems of pretrial release, in which the financial status of the accused is no longer the dominant factor in determining whether that person remains in jail or is released pending trial.
…Adding… Rep. Maurice West…
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What comes with those free speech hot dogs?
Wednesday, Jul 19, 2023 - Posted by Rich Miller
* Media advisory…
Today at 11 am CT the Foundation for Individual Rights and Expression will give away 1,791 free Chicago dogs at Clark Street Dog to mark the year the First Amendment was ratified. The address is 3040 N. Clark Street, Chicago, IL 60657.
Media are welcome to attend the “Free Chicago Dogs for Free Speech” event and should reply directly to this email with their RSVP. FIRE staff will be on-site to give away swag and do interviews. We expect supplies to last just a few hours.
This is part of FIRE’s brand-new $3.2 million Chicago free speech campaign to raise awareness and support for the First Amendment. Full details are in this press release.
The Foundation for Individual Rights and Expression has been one of those groups which focused almost solely on things like “cancel culture” at college campuses. From 2016…
Its major grants come from the ultraconservative Earhart, John Templeton, and Lynde and Harry Bradley Foundations; the Scaife family foundations; the Koch-linked Donors Trust, and funders that sustain a myriad of conservative campus-targeting organizations that include FIRE, the Intercollegiate Studies Institute, the David Horowitz Freedom Center (whose “Academic Bill of Rights” would mandate more hiring of conservative faculty and would monitor professors’ syllabi for “balance”), and Campus Watch (which tracks and condemns liberal professors’ comments on the Middle East).
* The group now claims it has changed focus. This is from March…
In Idaho, an art exhibit was censored and teens were told they couldn’t testify in some legislative hearings. In Washington state, a lawmaker proposed a hotline so the government could track offensively biased statements, as well as hate crimes. In Florida, bloggers are fighting a bill that would force them to register with the state if they write posts criticizing public officials.
Meanwhile, bans on books and drag performances are growing increasingly common nationwide.
“We are seeing tremendous attacks on First Amendment freedoms across the country right now, at all levels of government. Censorship is proliferating, and it’s deeply troubling,” said Joe Cohn, legislative and policy director with the Foundation for Individual Rights and Expression.
OK, but with numerous state governments enacting actual statutes outlawing public expression, FIRE’s Chicago press release highlights a video about a Boston college’s suspension of a student group for mildly criticizing China. Not trivial, but kinda small in comparison to the official governmental statutory actions happening right now across the country. Another video features a Black woman who rescued a Klansman from a beating during a protest. The rest of its videos are here. Nothing on government book bans that I saw.
* Doing what they do is fine by me. It’s a free country. I’m cool with it. But when you step forward and say you’ve broadened your portfolio and want to challenge the ACLU’s leadership in the First Amendment space, then, you know, maybe actually walk the walk.
* Semi-related…
* 2023’s Best Cities for Hot Dog Lovers: Foodie rivals New York (No. 1) and Chicago (No. 2) finish at the top alongside other big cities like Los Angeles (No. 3) and Cincinnati (No. 6).
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Your moment of zen
Wednesday, Jul 19, 2023 - Posted by Rich Miller
* I have to leave to pick up Oscar from his groomer, who just sent me this pic…
Gonna have to chat with that guy about the Cubs thing.
I’m also heading to Iroquois County this afternoon to take my uncle to the county fair. Isabel will be in charge.
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* CNBC…
Each year, as part of our overall assessment of state business climates, CNBC’s America’s Top States for Business study considers how welcoming each state is to workers and their families.
Life, Health and Inclusion is one of the study’s ten categories of competitiveness. And this year, with the nationwide worker shortage so severe, the category is taking on increased importance in our methodology.
We consider multiple quality of life factors, including crime rates, environmental quality, and health care. We also look at the quality and availability of childcare, which is one of the most important factors in getting parents back into the workforce.
Casting the widest possible net for workers means not turning anyone away. So we consider inclusiveness in state laws by measuring protections against discrimination, as well as voting rights. And with surveys showing a substantial percentage of women considering abortion restrictions when making a choice of where to live in the wake of the Supreme Court overturning Roe v. Wade, reproductive rights are part of this year’s equation as well.
The worst-rated states: Florida, Arkansas, Tennessee, Indiana, Missouri, Alabama/South Carolina (tied), Louisiana, Oklahoma and Texas.
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What the what?
Wednesday, Jul 19, 2023 - Posted by Rich Miller
* This tweet received more than 200,000 views before it was finally labeled as false…
And it’s not like this governor would sign such a bill anyway.
* I’m hoping that this law firm was just playing along with the bit…
* The socialists loved it, of course…
* Mentioning the Senate probably kills all comments on this post…
* And the fantasy isn’t confined to Illinois…
Almost 49,000 views on that one, which Twitter has not yet called out for its falsehood.
* I guess there are two ways of looking at this: 1) These kids today and their Twitter pranks; 2) People will believe just about anything.
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Delivery Helps Chicago Restaurants Grow On Uber Eats
Wednesday, Jul 19, 2023 - Posted by Advertising Department
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Open thread
Wednesday, Jul 19, 2023 - Posted by Isabel Miller
* What’s goin on in your part of Illinois?…
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Isabel’s morning briefing
Wednesday, Jul 19, 2023 - Posted by Isabel Miller
* Here you go…
* Sun-Times | Eliminating cash bail puts Illinois firmly on road of criminal justice reform:As a Center for American Progress report from last year summed it up, because of “excessive cash bail, hundreds of thousands of people are incarcerated each year not due to any real public safety concern, but rather due to a lack of money.”Despite what some right-wing politicians and activists have tried to convey in rabid misinformation campaigns, the Pretrial Fairness Act is not intended to allow thousands of violent men and women loose on the streets like a horde of zombies in an apocalyptic disaster film.
* WCIA | 60 days until the Safe-T Act is in effect, some officials feel ready and others want more time:Julia Rietz, the Champaign County State’s Attorney, said her team is ready to go. She knows they have been since the original January 1st date. Tyler Heleine, the Coles County Chief Deputy, doesn’t think this is the right move and wants to see more work done. “I think there’s a little disappointment,” he said. “We were hoping it would go the other way.”
* WBEZ | The new Rainbow PUSH leader vows to fight recent Supreme Court decisions: Jackson said Tuesday the U.S. Supreme Court has “threatened 60 years of work,” and his successor the Rev. Dr. Frederick D. Haynes, III cited the high court’s recent decision rolling back affirmative action in higher education as one area the civil rights organization will push back on. “We’ve got to go to the Supreme Court, lie down on the steps of the Supreme Court and tell the Supreme Court that we’re going to stay right here and have our own affirmative action,” Haynes told attendees at the organization’s annual convention on the University of Chicago’s campus.
* Tribune | Chicago’s IG says Ald. Jim Gardiner hit a constituent with a phony fine. The Board of Ethics should whack him back in the wallet: Last week, Inspector General Deborah Witzburg released her findings. Though she didn’t name Gardiner in her report, the Tribune confirmed she was speaking about him. Witzburg concluded that the alderman worked with two office workers to conjure up the retaliation. Czosnyka still was cited for the weeds even though Gardiner and his people had previously been told that Czosnyka’s garden did not violate any city ordinance.
* Block Club | Police Oversight Agency Says It Can’t Find Migrants Who Were Allegedly Sexually Abused By Cops: The police oversight agency began its investigation July 6. Since then, the agency has uncovered another claim of “sexual misconduct” involving a migrant and one or more officers in the 19th Police District, Civilian Office of Police Accountability chief Andrea Kersten said. But, after nearly two weeks of investigating, the police oversight agency is still working to substantiate whether this alleged abuse in fact occurred, Kersten said.
* WTTW | How a Group of Community Leaders Worked to Choose 3 Finalists for Chicago’s Next Police Superintendent: The three finalists for the city’s top cop were selected from a total of 54 applicants by the Community Commission for Public Safety and Accountability (CCPSA) after unprecedented community and police input. The choice now rests with new Mayor Brandon Johnson to make what will likely be the most consequential hiring decision of his administration.
* Sun-Times | City Council members to propose 2-year timeline for eliminating ‘sub-minimum’ wage:With a progressive mayor who is a champion of the “One Fair Wage” campaign, it was never a matter of if, but when, Chicago eliminates the “sub-minimum wage” for tipped workers and how long restaurants would have to do it. The answer will come Wednesday, when Ald. Carlos Ramirez-Rosa (35th) and rookie Ald. Jessie Fuentes (26th) introduce an ordinance that would give restaurants two years — until July 2025 — to phase out the sub-minimum wage for tipped workers.
* Sun-Times | Scientists test South Side air, rain to find ways to tackle climate-related problems: Researchers at Argonne National Laboratory say they want to help South Siders understand why their communities experience perennial flooding as well as climate-related bad air quality and extreme heat. With the aim of providing the most specific information they can, scientists on Tuesday installed monitors at Chicago State University that will measure temperature, humidity, air quality and other metrics to gauge the impact of climate change.
* AP | 1st lawsuit filed against Pat Fitzgerald and Northwestern leaders stemming from a hazing scandal: The player, identified in the lawsuit as John Doe, alleged Tuesday in the Cook County Court in Chicago that Fitzgerald, Northwestern University President Michael Schill, the board of trustees and athletic director Derrick Gragg enabled and concealed sexual misconduct and racial discrimination.
* Sun-Times | Inbound Kennedy construction enters new phase Wednesday, with lane shifts at Division:Beginning 5 a.m. Wednesday, construction shifts to the right side of the inbound lanes at Division Street, forcing drivers to go left onto new pavement until Ohio Street.
* Block Club | Obama Foundation Gives $1 Million To Prevent Summer Violence By Funding Safe Spaces For Young Black And Brown Men: More than 30 community groups, mainly on the South and West Sides, received $30,000 to organize summer violence prevention programs for young Black and Brown men.
* NBC Chicago | Who’s eligible and more: what to know about Illinois’ $68M Instagram settlement:According to a press release, the suit, filed in DuPage County, claims Instagram owner Meta violated the Illinois’ Biometric Privacy Act, which prohibits companies from collecting and storing biometric information like physical characters that can be used to identify individuals.
* Block Club | Chicago Is Unsafe For Cyclists, Report Shows: It ‘Reflects How We’re All Feeling,’ Advocates Say:Chicago was ranked 161st out of 163 big cities for bikeability in 2023, according to a report by PeopleForBikes. The city also got low scores for its accessibility of bike lanes to other transit hubs, recreational amenities, connectivity to core services and getting to different neighborhoods.
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Live coverage
Wednesday, Jul 19, 2023 - Posted by Isabel Miller
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Afternoon roundup
Tuesday, Jul 18, 2023 - Posted by Isabel Miller
* Let’s start with SAFE-T Act coverage…
* Sun-Times | Illinois Democrats celebrate court decision ending cash bail: ‘Monumental change is possible’: Many Republicans argued it would put violent offenders back on the streets and would not protect victims. Illinois state’s attorneys and sheriffs also challenged the law in courts. A short statement from Pritzker — who has been in the United Kingdom on a trade mission since last week — belied the months of pummeling he and other Democrats weathered on the campaign trail last year from Republicans who tried, and mostly failed, to rally votes around on the issue.
* NYT | Illinois Supreme Court Upholds Measure Designed to End Cash Bail: The Illinois Supreme Court upheld a measure on Tuesday eliminating cash bail in the state, finding that Democratic legislators acted properly when they passed the law, which will transform the Illinois criminal justice system and limit judges’ ability to hold defendants in jail before trial.
* Sun-Times | What happens when cash bail ends in Illinois? In other states, there have been successes but the debate continues: Other states, red and blue, have tried limited versions of what Illinois is about to do. That has made it difficult to know exactly what to expect. As researchers at Harvard University’s Kennedy School of Government found, “There are so many different approaches to bail reform and because few jurisdictions rigorously evaluate the bail reforms they have implemented, there is not a clear blueprint for what works.”
* WGEM | Quincy police will be ready for ‘no cash bail’ changes: [Quincy Police Chief Adam Yates] Yates stated the Quincy Police Department, Adams County Sheriff’s Department and Adams County State’s Attorney’s Office met in late 2022 to prepare for the changes that were initially set to go into effect Jan 1. He stated police would work over the next 60 days to ensure they are ready for implementation on Sept. 18.
* Daily Herald | Elation, dismay from suburban leaders over state Supreme Court’s landmark bail ruling: McHenry County State’s Attorney Patrick Kenneally, who was among the prosecutors who sued to block the change, said his office is disheartened by the decision, He believes it will make the job of prosecutors, judges and police more difficult. “That said, we have no choice other than to accept the decision and move on,” he said, adding that his office will do everything within its power to ensure that dangerous offenders remain behind bars while awaiting trial and other measures are in place to minimize risk to the public. “As the flaws of this haphazardly enacted and poorly conceived law become immediately apparent in the form of compromised safety of communities across the state, we will also seek to work with our legislators on common-sense reforms,” Kenneally said.
* WSPY | Kendall County officials ready for SAFE-T Act implementation, again: Kendall County State’s Attorney Eric Weis was among those who filed suit against the act, delaying a January implementation of a cash free bail system. With Tuesday’s ruling, the act will now go into effect in September. […] Circuit Clerk Matt Prochaska says that his office was ready for the financial impacts of the act before it went to litigation.
* WMBD | Reaction to the Illinois Supreme Court decision on the SAFE-T Act case: State Rep. Jehan Gordon-Booth, a Peoria Democrat in the Illinois General Assembly: “This decision reflects the countless hours of careful consideration that went into every component of the SAFE-T Act. Responsibly modernizing our pretrial procedures will not only create a fairer process, it will help to make our communities safer by basing release decisions on a public safety assessment instead of a defendant’s access to cash.
* BND | What public officials are saying about Illinois Supreme Court ruling on SAFE-T Act : REP. CHARLIE MEIER, R-OKAWVILLE “I voted against eliminating no-cash bail when this law passed in 2021. The Illinois Supreme Court’s decision to support the elimination of cash bail will set criminals free that should otherwise remain behind bars. I am very disappointed with the ruling made by the Illinois Supreme Court Democrat majority that was elected by Governor Pritzker.
* News Channel 20 | State lawmakers react to SAFE-T Act: State Senator Steve McClure (R-Springfield): “It’s disappointing that the Supreme Court overruled our state’s constitution and the will of the people of Illinois by upholding the SAFE-T Act. This ruling is just one more blow to the credibility of the Illinois Supreme Court, particularly after two of the justices accepted a million dollars from the main proponent of the Act—Governor JB Pritzker. This is yet another victory for the people who choose to commit crimes in our state. Where are the victories for the victims?”
* And here’s the rest…
* Tribune | COPA unable to find victims in probe of Chicago officers allegedly having sex with migrants housed at stations: Citing the public scrutiny around the allegations, COPA’s chief administrator, Andrea Kersten, held a rare news conference at the agency’s office in West Town Tuesday morning. Kersten told reporters that COPA has received a second allegation of sexual misconduct involving at least one still-unknown Chicago Police Department officer and a migrant, whose identity also wasn’t known as of Tuesday.
* Politico | The long, hot money race: If second-quarter fundraising numbers are any indication, 2024 is going to be a snoozer for most of the congressional races in Illinois. Democratic Congressman Raja Krishnamoorthi (IL-08) has outpaced all of his Illinois colleagues (again). He has nearly $13.5 million cash on hand, more than most members of Congress across the country.
* Crain’s | There’s a stealth campaign to lure business away from Illinois. Lawmakers must halt it.: Today in Washington, D.C., the fourth phase of a multi-decade strategy to entice business from Illinois and other Midwest states using legislative stealth continues apace. Utilizing the “boiling frog” approach — moving sufficiently small to not draw attention until it is too late — hostile business interests work through their federal representatives to quietly nullify small advantages of Midwest commercial interests. In so doing, they cripple a critical component of regional air travel, which raises their odds of capturing high-value meetings and conference business.
* AP | Union Pacific railroad to renew push for 1-person crews: The railroad will continue using two crew members on its trains during the test, but officials say this could bolster their case in future negotiations for cutting crew size if it is successful.
* Crain’s | These Chicago execs want their fraud convictions overturned. Here’s their argument.: Rishi Shah and Shradha Agarwal are using a novel argument in asking a federal judge to throw out their April convictions on federal fraud charges or at least grant them a new trial. Shah and Agarwal, co-founders of Outcome Health, say prosecutors seized more of their assets than they should have before trial, which left the two without enough money to hire the attorneys who were their first choices.
* WICS | State representative to host free family resource fair at Rantoul sports complex: State Representative Mike Marron is hosting a Family Resource Fair at the Rantoul Family Sports Complex from 5:30 p.m. to 7:30 p.m. on Tuesday, August 8.
* WCIA | Ford County reports first West Nile virus bird case: “The positive bird is an indication that West Nile Virus is circulating in our area and individuals should take appropriate preventive measures to protect their health,” said Nancy Mandamuna, Environmental Health Specialist for the FCPHD.
* Borderless | Behind The Scenes Of “After The Buses: Meet The Migrants At The Center Of Texas’ Manufactured Crisis”: Last week we published our series, After the Buses, a three-month-long project where Borderless Magazine and Block Club Chicago reporters followed 10 out of the more than 3,700 migrants who arrived in Chicago from Texas as part of Texas’ Operation Lone Star campaign.
* Crain’s | Blue Cross & Blue Shield of Illinois looks to fill 300 jobs in Pilsen: BCBSIL, one of five insurance plans owned by Chicago-based Health Care Service Corp., plans to initially hire up to 70 people for customer service positions, with a focus on applicants who can speak both English and Spanish, according to a statement. The insurance giant will continue hiring over the coming months, and about 30 of the roles will be information technology jobs.
* Tribune | Chicago madam sentenced to home confinement in ‘unusual’ federal case targeting West Side fetish house: Jessica Nesbitt 35, who also goes by the name “Madame Priscilla Belle,” admitted in a plea agreement with prosecutors that she raked in more than $1 million in payments from clients for sexual services over seven years through her business, Kink Extraordinaire.
* Reuters | Taco Bell wins ‘Taco Tuesday’ trademark dispute with rival chain: Yum Brands’ (YUM.N) Taco Bell prevailed on Tuesday in its self-described bid to “liberate” the phrase “Taco Tuesday,” as competing fast-food chain Taco John’s told the U.S. Patent and Trademark Office (USPTO) it would abandon its federal “Taco Tuesday” trademark.
* Daily Herald | How some suburban parks have parted ways with pesticides: Following in the footsteps of Elgin, Naperville and Park Ridge, Lake Forest has launched a pesticide-free pilot program at Everett Park this year, using natural methods such as compost top dressing and overseeding to combat weeds without herbicide.
* WAND | Chevelle to perform at the Illinois State Fair: “We are excited to add Chevelle to an already diverse lineup,” said Illinois State Fair Manager Rebecca Clark. “From country to rock, to pop and hip hop, we feel we have built a grandstand lineup for every musical taste. We can’t wait to welcome fairgoers to the 2023 Illinois State Fair next month.”
* Crain’s | Illinois residents getting more biometric privacy settlement cash — this time from Instagram: The $68.5 million preliminary approval is the result of a class-action lawsuit in which Illinois alleged that Meta platforms violated the state’s Biometric Information Privacy Act. Instagram allegedly collected and stored biometric information — personal identifiers like fingerprints and facial recognition — without the proper requirements.
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Beyond the rhetoric
Tuesday, Jul 18, 2023 - Posted by Rich Miller
* As most of you will recall, the SAFE-T Act was revised by the General Assembly during last year’s veto session. The Civic Federation analyzed the newly revised law in December. From its section on detainable pretrial offenses…
• All non-forcible felonies that are not eligible for probation, if the defendant’s release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case;
• All forcible felonies, if the defendant’s release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case. This includes: treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, burglary where there is use of force against another person, residential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement or any other felony which involves the threat of or infliction of great bodily harm or permanent disability or disfigurement;
• The list of detainable offenses under 725 ILCS 5/110-6.1(a)(6) (which already included several gun-related offenses) is expanded to include: reckless homicide, involuntary manslaughter, residential burglary, child abduction, child endangerment, hate crimes, aggravated unlawful restraint, threatening a public official and aggravated battery with a deadly weapon other than by discharge of a firearm;
• A new section (725 ILCS 5/110-6.1(a)(6.5)) is added to include several offenses related to aggravated driving under the influence and animal cruelty; and
• Any attempt to commit the aforementioned charges if the defendant’s pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case (725 ILCS 5/110-6.1(a)(7)).
* Revocation of pre-trial release…
If someone is released on a felony or class A misdemeanor, and the person commits a new felony or class A misdemeanor while on pretrial release, they are subject to revocation of pretrial release and entitled to a hearing. The revocation hearing must occur within 72 hours of the filing of the State’s petition or the court’s motion for revocation. The defendant is entitled to representation by defense counsel and an opportunity to be heard regarding the violation and evidence in mitigation. If a defendant was released on a Class B or C misdemeanor or any lower offense, and is charged with a felony or a Class A misdemeanor while on pretrial release, the pretrial release may not be revoked but the court may impose sanctions. However, the state can file a petition seeking detention in any eligible circumstance. (725 ILCS 5/110-6)
* Escape from electronic monitoring…
The amendment removes language from the SAFE-T Act that previously required someone to be in violation of electronic monitoring for 48 hours in order for it to be considered an escape and instead states that a person “knowingly escapes or leaves from the geographic boundaries of an electronic monitoring or home detention program with the intent to evade prosecution.” Anyone charged with a felony who escapes according to this revised criterion is guilty of a class 3 felony, and anyone charged with a misdemeanor who escapes is guilty of a class B misdemeanor. (730 ILCS 5/5-8A-4.1)
New language is also added to 730 ILCS 5/5-8A-4.15 to state that anyone charged with a felony or misdemeanor who knowingly and intentionally violates a condition of electronic monitoring or home detention without notification to the proper authority is subject to sanctions; and a person who violates a condition of the electronic monitoring or home detention program by knowingly and intentionally removing, disabling, destroying or circumventing the operation of an approved electronic monitoring device shall be subject to penalties for escape under Section 5-8A-4.1.
* Willful flight…
“Willful flight” is defined as intentional conduct with a purpose to thwart the judicial process to avoid prosecution. Isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. Reoccurrence and patterns of intentional conduct to evade prosecution, along with any affirmative steps to communicate or remedy any such missed court date, may be considered as factors in assessing future intent to evade prosecution. The amendment also removes language that previously said “simple past non-appearance in court alone is not evidence of future intent to evade prosecution.” (725 ILCS 5/110-1(f))
If you have any other questions, please click here first.
* The Illinois State Bar Association also produced an informative guide. From its section on citations in lieu of arrest…
725 ILCS 5/109-1(a-1) makes explicit the official AOIC [Administrative Office of the Illinois Courts] interpretation of the Pretrial Fairness Act (PFA): someone who is trespassing and will not stop may be arrested. Requires that a citation be used first before custodial arrest while retaining exception to allow immediate arrest based on safety of others or the accused. Clarifies that arrests are not required for class A misdemeanors or felonies. Clarifies that any officer can release someone from custody and not only “the arresting officer.” Removes requirement that people released from police custody be scheduled into court within 21 days.
…Adding… AP…
In spring 2020, the Illinois Supreme Court Commission on Pretrial Practices strongly endorsed bail reform, noting that found that a defendant who can’t afford bail sees his or her life unravel within days — loss of a job, loss of child custody, health problems without access to medication.
What’s more, the commission found that it tends to generate spurious plea deals. Defendants reason that pleading to a lower-level offense gets them out of jail sooner.
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* Illinois Supreme Court Chief Justice Mary Jane Theis began the court’s SAFE-T Act ruling by pointing out the obvious: The top court itself was originally behind the move to eliminate cash bail…
In 2017, this court established the Illinois Supreme Court Commission on Pretrial Practices (Commission) and charged it with “conducting a comprehensive review of the State’s pretrial detention system” and with making recommendations on potential reforms to that system. Ill. S. Ct. Comm’n on Pretrial Practices, Preliminary Report 4 (2018), [https://perma.cc/S8VA-83S9]. In 2020, the Commission issued its final report, listing more than 50 recommendations to reform pretrial practices to “ensure defendants are not denied liberty solely due to their inability to financially secure their release from custody.” Ill. S. Ct. Comm’n on Pretrial Practices, Final Report 22 (2020), [https://perma.cc/Y4FU-GJKL]. The Commission observed that the General Assembly bore responsibility to amend the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/100-1 et seq. (West 2020)) in that regard, and it urged the legislature to ensure that “conditions of release will be non- monetary, least restrictive, and considerate of the financial ability of the accused.” Ill. S. Ct. Comm’n on Pretrial Practices, Final Report 69 (2020).
The following year, such reform occurred. In 2021, the General Assembly passed, and the Governor signed, Public Act 101-652 (eff. Jan. 1, 2023), commonly known as the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act.
That court commission was rarely mentioned outside of this website, but I thought it was central to the discussion because it explained why eliminating cash bail was within the legislature’s constitutional purview by defining it this way…
Bail: The process of releasing a defendant from custody with conditions set to reasonably assure public safety and court appearance. […]
“Bail” is often used to refer to the amount of cash that a defendant must post as a condition of release. “Bond” is sometimes treated as a synonym of “bail.” Understood properly, “bail” – which literally means, “release” – is a process of releasing a defendant from custody on conditions designed to assure both public safety and the person’s appearance in court. A “bond” occurs whenever a defendant enters an agreement with the court. The agreement may, but need not necessarily, include a financial condition, but can also or instead include a variety of other conditions such as electronic monitoring, curfews, supervised visits or appointments, etc.
* OK, on to the opinion. First up, standing. It’s doubtful that the sheriffs and state’s attorneys actually had standing to sue. But, the majority opinion notes a government brief…
Standing is typically a threshold determination, but this case is anything but typical. In its opening brief, the State referred to the “unusual circumstances of this case” and acknowledged “the public interest would be served by the adjudication of [the] plaintiffs’ claims on the merits.” We turn to those claims and their merits.
* To the meat. Cash bail..
The trial court agreed with the plaintiffs and held that the pretrial release provisions violate the bail clause, but the court’s reasoning is difficult to follow. The trial court acknowledged the defendants’ position that “the bail provision exists to confer a right on criminal defendants,” but it asserted the purpose of that provision is “much broader.” The court continued, “Bail exists, as it has for centuries, to balance a defendant’s rights with the requirements of the criminal justice system, assuring the defendant’s presence at trial, and the protection of the public.” Noting that the Act “eradicates monetary bail as a judicial consideration in every Illinois case,” the trial court concluded that, “under the Act, *** ‘persons are no longer bailable by sufficient sureties’ pursuant to the pretrial release provision of the Act because ‘sufficient sureties’ does involve monetary bail as one the conditions of bail which is abolished with the Act.”
We reject the trial court’s uneven reasoning for three reasons.
First, the trial court ignored the plain language of the constitution. The bail clause does not include the term “monetary,” so it did not cement the practice of monetary bail, however long-standing and prevalent across Illinois, into our constitution. “Sufficient sureties” is not limited to sufficient monetary sureties, and we cannot append or supplement the constitutional text.
Second, the trial court correctly recognized that the bail clause strikes a finely constructed balance between the interests of criminal defendants in pretrial release and the interest of the State “obtaining the greatest possible assurance” that the defendant will appear for trial (People ex rel. Gendron v. Ingram, 34 Ill. 2d 623, 626 (1966)), as well as the State’s interest in public safety, but the court incorrectly assumed that abolishing monetary bail undermines the State’s interests. The court appeared to believe that monetary bail is the only way to assure a defendant’s presence and to protect the public. In doing so, the court elevated the system of monetary bail over the plain language of the bail clause. While the clause establishes an individual constitutional right to bail, that right is not absolute (see Hemingway, 60 Ill. 2d at 80) but conditioned by “sufficient sureties” and, more importantly, by exceptions intended to keep the most serious, and potentially dangerous, offenders in custody after a hearing to establish they pose a real and present threat.
The Act’s pretrial release provisions complement the bail clause in that regard by allowing the State to seek, and the trial court to order, pretrial detention of certain criminal defendants. See 725 ILCS 5/110-2, 110-6.1 (West 2022). The Act requires the court to consider the “nature and seriousness of the real and present threat to the safety of any person or persons *** that would be posed by the defendant’s release.”
Third and relatedly, the trial court misapprehended what the drafters of the bail clause actually did. The drafters consciously chose to leave the clause largely identical to the 1870 Constitution, which was largely identical to the original 1818 Constitution. See 1 Record of Proceedings, Sixth Illinois Constitutional Convention 699 (describing the current bail clause as a “minor rephrasing” of the 1870 version, leaving “[t]he substance *** unchanged”). Thus, the historical antecedent for the meaning of “bailable by sufficient sureties” is the meaning of bail in 1818.
As the State correctly observes, “monetary bail was all but unknown at the time the 1818 Constitution was drafted.” A dictionary published that year defined bail as “the freeing or setting at liberty one arrested or imprisoned *** under security taken for his appearance” but did not mention money as the sole or even primary means of providing that security. Monetary bail emerged later in the mid-to-late nineteenth century.
The drafters were cognizant of the legislature’s foray into that area, which included section 110-8 of the Code and outlawed professional suretyship by bail bondsmen. The drafters clearly understood that Illinois’s approach to pretrial release had evolved since the State was established and clearly understood that approach would continue to evolve, and they used language that would allow that. Delegate Bernard Weisberg offered a minority proposal that would have allowed all criminal defendants to remain at large until convicted, unless there was a judicial determination that confinement or bail was necessary to assure a defendant’s presence at trial. That proposal was ultimately rejected […]
Legislative latitude in regulating pretrial release, thus, was a fundamental underpinning of the bail clause. The legislature has once again engaged in the process of bail reform, and its efforts are consistent with the drafters’ intent. The plaintiffs’ bail clause claim fails
* Regarding the Crime Victims’ Rights Clause of the Illinois Constitution…
Count IV of the plaintiffs’ first amended complaint alleges that the pretrial release provisions violate the crime victims’ rights clause. Initially adopted in 1992 and since amended, article I, section 8.1, of the Illinois Constitution sets out the constitutional rights of crime victims in Illinois and now includes 12 explicitly defined “rights” that crime victims “shall” have. Ill. Const. 1970, art. I, § 8.1. The crime victims’ enumerated rights include, inter alia, “[t]he right to have the safety of the victim and the victim’s family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.”
The trial court agreed with the plaintiffs. The court stated that “the plain reading” of “fixing the amount of bail *** clearly refers to the requirement that the court consider victims’ right in the setting of the amount of monetary bail.” The trial court continued that, by removing that method of ensuring victims’ safety, the legislature improperly removed the discretion constitutionally given a trial court by the clause. According to the trial court, the Act leaves a court with no “amount of bail” to fix, impairing its ability to protect victims and their families.
We reject the trial court’s reasoning for three reasons.
First, the trial court again ignored the plain language of the constitution. The crime victims’ rights clause mentions the “amount of bail,” not the amount of monetary bail. The word “amount” connotes quantity and does not only mean a quantity of money but rather, consonant with the bail clause, a quantity of sufficient sureties.
Second, the trial court appeared to forget that the pretrial release provisions of the Act expressly take crime victims into account. As we have already mentioned, those provisions require a court to consider the “nature and seriousness of the real and present threat to the safety of any person or persons that would be posed by the defendant’s release,” including crime victims and their family members, “as required under” the Rights of Crime Victims and Witnesses Act. The provisions also require the court to give notice to crime victims before holding a pretrial release hearing, before revoking a condition of pretrial release, and in a range of other contexts. Thus, the pretrial release provisions secure, rather than contravene, the rights guaranteed by the clause, in that they require the court to consider the safety of victims at every stage at which the court determines whether and on what conditions a defendant should be released.
Third, the trial court failed to grasp that, like the bail clause, the crime victims’ rights clause is part of the bill of rights. Both are equally important and work in concert. The bail clause concerns the individual rights of criminal defendants, but in its “real and present threat” exception, it acknowledges the State’s interest in public safety. The crime victims’ rights clause, initially adopted in 1992, not only bolstered that interest but created a new and watershed structure of individual rights for crime victims. The latter clause was adopted with only one focus, victims. We believe that it would dilute the purpose of that clause to hold that it had another, tangential purpose—namely, to mandate a system of monetary bail for criminal defendants across Illinois. Nothing in the crime victims’ rights clause’s plain language indicates such an intent to upend suddenly, after 174 years, the constitutional history of bail in Illinois.
* Separation of powers…
Count V of the plaintiffs’ first amended complaint alleges that the pretrial release provisions of the Act violate the separation of powers clause. Article II, section 1, of the Illinois Constitution provides, “The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another.”
The trial court agreed with the plaintiffs. According to the trial court, this court has held that the legislature is expressly prohibited from exercising judicial power, and statutes that undermine traditional and inherent judicial roles violate separation of powers. Relying upon Hemingway, 60 Ill. 2d at 79, the trial court concluded that the authority to deny or revoke bail to preserve the orderly process of criminal procedure is an administrative matter inherently entrusted solely to the courts. The trial court added that, by encroaching on that authority in abolishing monetary bail, the legislature violated the separation of powers clause.
We reject the trial court’s reasoning and, particularly, its overreading of Hemingway. […]
Our conclusion is consistent with other areas of criminal procedure. For example, this court has held that sentencing is exclusively a judicial function but has also held that “ ‘the legislature may restrict the exercise of judicial discretion in sentencing, such as by providing for mandatory sentences’ ” The plaintiffs’ separation of powers claim fails.
* Conclusion…
The Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance. For the reasons that we have stated, we reverse the circuit court’s decision to grant summary judgment in favor of plaintiffs.
On December 31, 2022, this court granted a supervisory order staying the effect of pretrial release provisions in Public Acts 101-652 and 102-1104, along with various amendments to Illinois Supreme Court rules that facilitated the implementation of those provisions. See People ex rel. Berlin v. Pritzker, No. 129249 (Ill. Dec. 31, 2022) (supervisory order). Sixty days after the filing of this opinion, on September 18, 2023, this court’s stay of pretrial release provisions in Public Acts 101-652 and 102-1104 shall be vacated. On that date, the circuit courts are directed to conduct hearings consistent with Public Acts 101-652 and 102-1104, and Illinois Supreme Court Rules implementing those pretrial release provisions shall become effective.
Justice Mary K. O’Brien concurred and wrote about the standing issue.
* Justice David K. Overstreet also addressed the standing issue, but ultimately concluded that the statute violates the Crime Victims’ Rights clause. Justice Lisa Holder White concurred.
In the end, it was 5-2. A partisan split.
I often point out that three numbers are paramount to getting anything done: 60, 30 and 1; majorities in the legislative branch and the governor’s signature. Add to that the number 4, which is a majority of the Supreme Court.
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* Ben Szalinski of the Daily Line…
* You can find the full opinion here.
This post will be updated.
…Adding…
* The Sun-Times…
In its ruling, the court said the state’s constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.” […]
The court’s ruling stems from a flurry of lawsuits last year brought by roughly 60 sheriffs and state’s attorneys who argued that eliminating cash bail would reduce public safety, put law enforcement in harm’s way and violate the state’s constitution.
In December, Kankakee County Chief Judge Thomas Cunnington agreed with the groups and ruled the cash bail provision unconstitutional, though his ruling would have only applied to counties that had sued.
An appeal by Attorney General Kwame Raoul sent the matter to the state Supreme Court, and the justices ordered that the entire Pretrial Fairness Act wouldn’t go into effect until further notice “in order to maintain consistent pretrial procedures throughout Illinois.”
* Crain’s…
Chief Justice Mary Jane Theis, writing the majority opinion, said, “Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.”
Joining Theis were the other four Democrat justices on the court: Joy Cunningham, P. Scott Neville, Mary O’Brien and Elizabeth Rochford.
Republican justice David Overstreet wrote the dissent, joined by the other Republican justice, Lisa Holder White.
* The Chicago Tribune…
The majority found that the trial court ignored the “plain language of the constitution” in multiple instances and that the prosecutors challenging the law did not meet the high legal bar for overturning a state statute.
“Statutes enjoy a strong presumption of constitutionality because the legislature is principally responsible for determining the public policy of our state,” Chief Justice Mary Jane Theis wrote in the majority opinion.
The ruling means judges, prosecutors, attorneys and other court staff across the state will shift how they handle pending criminal cases. The justices gave trial courts 60 days to prepare for the new rules, with cash bail to be eliminated on Sept. 18.
Once the changes go into effect, monetary bail will no longer be a factor in whether someone is released from jail while they await trial. Instead, judges will weigh the circumstances and decide whether to release defendants with certain conditions or order them detained if the allegations meet certain thresholds.
* Senator Robert Peters…
State Senator Robert Peters released the following statement in response to the Illinois Supreme Court’s ruling on the pretrial release portions of the SAFE-T Act:
“I am extremely proud that our state’s highest court is prioritizing public safety over wealth. This historic decision is the culmination of over a decade of organizing from countless grassroots organizations that deal directly with vulnerable communities in which cash bail has affected, including groups that support survivors of gender-based violence. I would like to take this opportunity to specifically thank the Coalition to End Money Bond, the State’s Attorneys Association, the Sheriff’s Association and survivor advocates for their assistance in getting pretrial fairness across the finish line.
“In the aftermath of this historical achievement, I expect there to be backlash and calls for the reinstatement of a cash bail system in response to controversial legal cases. Let me be clear: cash bail delegitimizes criminal justice systems and transforms them into systems that violate public safety instead of upholding it. Illinois will not go back. We will only move forward with our goal of ensuring public safety for all Illinoisans, regardless of their background or financial position.”
* Sen. Elgie Sims…
State Senator Elgie R. Sims, Jr. (D-Chicago) — the chief sponsor of the SAFE-T Act — released the following statement after the Illinois Supreme Court upheld provisions of the Pretrial Fairness Act:
“Since day one, I have maintained that the cash bail system places an undue burden on poor people accused of crime and in and of itself does not adequately make our communities safe. What will make our communities safer is a focus on the totality of circumstances behind crime, holding those responsible accountable, and most importantly ensuring crime doesn’t happen in the first place.
“From the beginning, I disagreed with the plaintiff’s claim that the General Assembly exceeded its authority in this case and am glad the Illinois Supreme Court agreed. The General Assembly is charged with passing laws that will improve the quality of life in our communities and that was true in this case. By upholding this monumental legislation, the Illinois Supreme Court is providing for greater protections and more humane treatment of those who have been arrested and accused of crime.
“Change — when it comes — often faces push back from those who seek to continue to invest in the way things are, which has produced disparate outcomes and had devastating impacts on communities. The goal of the proponents of this law has always been and continues to be for the phrase “equal justice under the law,” to be more than an aspirational statement, but the reality of our criminal legal system.
“Today’s decision will allow us to continue the long-overdue step toward dismantling systemic racism and eliminating the practices which have created barriers to opportunities and obstacles to prosperity for far too long. Illinois continues to show the rest of the nation that monumental change is possible to make the criminal legal system fair, equitable and just for all.
“While we celebrate today’s outcome, our work continues.”
* Senate President Don Harmon…
Senate President Don Harmon (D-Oak Park) issued the following statement regarding the Illinois Supreme Court’s ruling that the comprehensive public safety initiative known as the SAFE-T Act is constitutional.
“The court’s decision today culminates a long and challenging journey toward fundamental fairness in our legal system that would ensure the accused stay behind bars because they are dangerous, not because they lack dollars in their pockets. The unjust foundations of our society were not built quickly and they will not be dismantled with ease. But we have taken a great step forward today, and I look forward to the road ahead.”
“With the state’s high court having found the SAFE-T Act constitutional, I look forward to this landmark law being implemented fully and fairly throughout the state of Illinois.”
* Governor JB Pritzker…
“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”
* Speaker Welch…
“Today the Supreme Court upheld the legislature’s promise to create a more equitable and fair criminal justice system — a system that can now better protect victims and will no longer allow violent offenders to buy their way out of jail. Today’s decision is a win for the people of this state, but also for our democracy. As duly elected representatives, we have the privilege and responsibility of creating policy that reflects our values as Illinoisans. Our state’s highest court rightfully ruled that frivolous lawsuits cannot and will not stop the legislative process.”
* DPI Chair Lisa Hernandez…
“Today’s ruling by the Illinois Supreme Court is a victory in the fight for a fairer criminal justice system. For too long, our pretrial detention system has prioritized wealth over public safety, and ending cash bail in Illinois is crucial to ending unjust criminalization of poverty. I’m grateful to the governor and attorney general for their unwavering commitment to building a more equitable Illinois for all,” said DPI Chair Lisa Hernandez.
* Attorney General Kwame Raoul…
“I am pleased – although not surprised – that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act. The court’s decision today holds – as my office has consistently advocated – that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk. And it rejects the plaintiffs’ argument that courts must retain the authority to set cash bail free of legislative regulation – an argument that would have called into question decades of criminal justice reforms in our state.
“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail. The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.
“With the court’s decision today, the elimination of cash bail will soon take effect. Other parts of the act, not challenged by the plaintiffs, also remain in effect and will have a positive impact within the state. This includes my office’s authority to conduct pattern-and-practice investigations of civil rights violations by law enforcement and improvements to the police officer certification process that create uniformity for departments across the state, promote professionalism in law enforcement and increase transparency.
“Attorneys from my office have spent many months defending the SAFE-T Act’s constitutionality in courtrooms throughout Illinois against meritless challenges. I am proud of their dedication and appreciate their service to the people of Illinois.”
* Rep. Jehan Gordon-Booth…
State Rep. Jehan Gordon-Booth, D-Peoria, issued the following statement Tuesday after the Illinois Supreme Court’s ruling on pretrial release portions of the SAFE-T Act upheld the end of cash bail:
“This decision reflects the countless hours of careful consideration that went into every component of the SAFE-T Act. Responsibly modernizing our pretrial procedures will not only create a fairer process, it will help to make our communities safer by basing release decisions on a public safety assessment instead of a defendant’s access to cash.
“I want to thank state Rep. Justin Slaughter, state Sen. Elgie Sims, the Illinois Legislative Black Caucus and every member of the General Assembly involved with seeing this process through in a transparent and collaborative manner. Their work helped to make today a reality.
“Public safety is never a static issue, and today’s Illinois Supreme Court decision is just one part of a larger effort to make our communities safer. I will continue to regularly engage first responders, prosecutors, community advocates and area residents as we work together to comprehensively curb violence.”
* Illinois Fraternal Order of Police State Lodge President Chris Southwood…
“Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder. The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial. Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”
…Added by Rich… Sen. Robert Peters (D-Chicago) pointed out today during a press conference that the IL FOP was officially neutral on the changes made in December, as was the Chicago FOP, the Illinois Sheriffs’ Association and the Illinois Association of Chiefs of Police.
* Cook County Public Defender…
The Cook County Public Defender’s Office said on Tuesday it is pleased that the Illinois Supreme Court has upheld the constitutionality of the Pretrial Fairness Act. The ruling is the strongest possible decision upholding the constitutional arguments for ending money bond.
Illinois can now end a great injustice that distorted the criminal legal system and move forward with removing the price tag from the presumption of innocence.
“Using money as the determining factor in whether someone goes to jail or goes home was a broken policy that often produced terrible results. By ending money bond, Illinois is now in position to make these serious decisions without stripping millions of dollars from the communities who can least afford it,” said Cook County Public Defender Sharone R. Mitchell, Jr.
Every day, the hundreds of attorneys at the Cook County Public Defender’s Office, which serves Chicago and suburbs, see the deplorable impact of money bond and pretrial jailing. They see mainly Black and Brown people punished for being poor and the mothers, grandmothers, wives, girlfriends and sisters of accused people burdened with paying cash bail for their loved ones.
Ending money bond is a matter of racial justice.
Cook County court system stakeholders, including public defenders, are poised to implement the pretrial reforms under the Pretrial Fairness Act, after years of preparation.
The law that will now take effect goes well beyond merely ending money bond and transforms the entire decision-making process around what happens to a person after arrest and before trial. The law does not end pretrial incarceration; prosecutors can still request detention in many circumstances. But decisions about detention will be made after a robust, individualized hearing, where both sides can present evidence and arguments regarding whether the accused person is a threat to community safety or a flight risk.
The road to these historic reforms took more than seven years and involved thousands of Illinoisans. After the Pretrial Fairness Act was passed, a coalition of advocacy and community groups, criminal legal system players, lawmakers and others fought bad-faith fearmongering and misinformation.
These efforts were worth it. In deciding that we can make these consequential pretrial release and detention decisions without money bond, Illinois has provided a new model for the national movement to end money bail. We are showing that it is possible to bring significant change a system that harms communities and generates false confessions and wrongful convictions for too many decades.
On this historic day, the Law Office of the Cook County Public Defender congratulates our legislative partners who championed pretrial fairness, the Attorney General’s Office that successfully defended the law, and the Illinois Network for Pretrial Justice, who made this all possible.
* Cook County Board President Toni Preckwinkle…
Today, we celebrate a historic victory for justice across Illinois. By ending money bond, we have taken a significant step forward in dismantling a system that disproportionately impacts our Black and Brown communities. We have known for too long that the use of money bond has perpetuated systemic racial injustices and exacerbates the inequalities faced by communities of color.
Today’s ruling is a true testament to the tireless efforts of our criminal justice offices, advocacy groups, and community stakeholders who have been tremendous advocates in this fight. Together, we have engaged in an unprecedented collaborative process to prepare for this transformative moment of reform.
Cook County stands united in support of our court system stakeholders as they move forward with Pretrial Fairness Act reforms, ending money bond and implementing a pretrial process rooted in equity and community safety. My administration stands ready to provide resources and counsel where we can be of service as we move forward toward a more just and equitable future for all.
* Sen. Andrew Chesney…
“I am disappointed with the partisan Supreme Court’s ruling because the Legislature did indeed infringe upon the rights and responsibilities of the judicial branch of government when they stripped away judges’ abilities to set cash bail.
“The Democrat Party has enacted the most radical soft-on-crime policies in the country, and nobody in this state will be immune from the consequences. This pro-criminal brand of justice will put many criminals back on the streets within hours of a serious arrest. Crime victims and Illinois families will continue to feel less safe, and the State of Illinois will continue to grab national headlines for its growing crime rates.”
* Lake County State’s Attorney Eric Rinehart…
“The Supreme Court has made our communities safer and our justice system fairer by upholding the SAFE-T Act. Instead of domestic abusers, murderers, and sex offenders using their cash to obtain release, judges can finally hold dangerous individuals prior to trial.
The victim advocates closest to these issues (such as the Illinois Coalition Against Domestic Violence and the Network) support this new law, and they have not been swayed by the months of misleading statements about its contents or its impact.
At the same time, our jail will no longer hold non-violent offenders simply because they do not have money to post bail. We will finally be addressing how a wealth-based system disproportionally jails Black and Brown defendants. We can finally begin to live up to the ideal that access to money should not lead to different justice systems for different defendants.
This safety-based system (as opposed to wealth-based system) has worked for decades in our federal courts and in Illinois’s juvenile courts. This past fall, many individuals were lying to the public by saying that the end of “cash bail” means the end of “pre-trial detention.” These lies failed to turn the public against the authors of the SAFE-T Act. Now, the Supreme Court has affirmed this important reform that has been shaped by law enforcement, prosecutors, victim-rights advocates, and community leaders since the Supreme Court Commission Report of April 2020.”
Let me reiterate this: we will still jail defendants prior to trial, and the defendants we do hold will be the dangerous weapon offenders, drug traffickers, child molesters, murderers, and domestic abusers who will no longer be able to use their own cash (or their accomplice’s cash) as an escape hatch from justice. Our communities will be safer because of today’s ruling.
The Safety, Accountability, Fairness and Equity-Today (SAFE-T Act) is a criminal justice reform that includes the elimination of cash bail as a method of pre-trial release, mandates use of body-worn cameras for all police departments, and calls for the preservation of police misconduct records.
The SAFE-T Act was stayed in late December 2022, prior to its January 1, 2023, effective date. Today’s ruling makes the Act effective September 18, 2023. State’s Attorney Rinehart added, “We were ready in December of 2022, and we will be ready in September of 2023.”
On the effective date, the Lake County State’s Attorney’s Office will file petitions to detain offenders who are arrested after September 18, 2023. Judges will decide whether someone is detained or not detained awaiting trial. If a judge rules for detention, those individuals arrested after the effective date will no longer be able to access cash to gain release.
* Treatment Alternatives for Safe Communities, Inc. President & CEO Joel K. Johnson…
“The Illinois Supreme Court’s SAFE-T Act ruling expands access to pretrial freedom, freedom that allows individuals to prepare their legal defense while securing community-based behavioral health care that they may need, but which is rarely found in jail. TASC is eager to work with the SAFE-T Act’s legislative champions – State Senators Elgie Sims and Robert Peters and State Representative Justin Slaughter - to ensure full implementation of a statewide community-based pretrial service network.”
* Regan Deering…
Today, the Illinois Supreme Court upheld the constitutionality of the pro-criminal SAFE-T Act. In response, Regan Deering, Republican Candidate for State House District 88, released the following statement.
“As a mom, I care about the safety and wellbeing of my three kids more than anything else,” said Regan Deering. “Governor Pritzker rammed through a radical remaking of Illinois’ criminal justice system – setting violent criminals free, hamstringing law enforcement, and endangering families.”
“Every family deserves to live in a safe community, that is why I am committed to supporting our law enforcement officers and keeping repeat violent offenders locked up,” pledged Regan Deering. “As today’s ruling shows, the Illinois Supreme Court will not save us from extreme policies. It is up to us. I am calling on all Illinoisans to join me in fighting this dangerous law and the corrupt political class in Springfield. Your future and your kids’ futures depend on it.”
* Rep. Tom Weber…
“I am extremely disappointed in this decision by the Illinois Supreme Court to eliminate cash bail, but unfortunately, I am not surprised. Illinoisans deserve safe communities where they can live, work and raise their families without fear, but once again we are left with an extreme progressive agenda that has chosen to side with criminals over families and the dedicated police officers trying to keep us safe.”
* Senate Republican Leader John Curran…
“The long divisive court process instigated by the Democrat’s rushed reform of our criminal justice system opposed by nearly all Illinois law enforcement officials and states attorneys has now concluded with a divided Supreme Court Ruling,” said Illinois Senate Republican Leader John Curran (R-Downers Grove).
“The legislature should finally heed the concerns of law enforcement, judges and their communities and immediately return for a special session to properly address the SAFE-T Acts’ negative impact on the public before this ill-conceived statute goes into effect in 60 days.
“While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime.
“It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”
* Rep. Lakesia Collins…
State Rep. Lakesia Collins, D-Chicago, issued this statement following the Illinois Supreme Court decision to uphold the SAFE-T Act:
“Passing the SAFE-T Act was the culmination of years of effort from Illinois lawmakers to reform our court system, make communities safer by making the system smarter and end the cash bail system that took such a terrible toll on Black and Brown communities. Illinois’ highest court has now solidified this state’s commitment to building a safer and more equitable future for all its citizens.
“I would like to thank the people who made the SAFE-T Act possible, including state Rep. Justin Slaughter, state Sen. Elgie Sims, the Illinois Legislative Black Caucus, my colleagues in the General Assembly who put their support behind this landmark legislation and the many stakeholders who helped shape the policy.
“The fight for equity is far from over, but this decision sends the message loud and clear: progress will not be slowed, despite lawsuits from those who continue to cling to a less safe, less just status quo.”
* Lt. Governor Stratton…
“Today’s decision by the Illinois Supreme Court upholding the passage of the SAFE-T Act is a major step in the right direction on our journey to justice. All along, our goal has been to right the wrongs of policies that have disproportionately harmed Black, Brown and low-income Illinoisans while, at the same time, bolstering public safety by building a system that centers on accountability and fairness.
The amount of money in one’s bank account should never be the determining factor of whether they should be released or detained while awaiting trial. To do so does nothing but criminalize poverty and this disproportionately impacts marginalized communities. Today’s victory is thanks to the hard work of Governor Pritzker, Attorney General Raoul’s office, the General Assembly, and the many advocates who have been tirelessly fighting for years for true community safety. We have made great strides, and we are forging ahead.”
* Sen. Craig Wilcox…
“This is not the ruling I had hoped for in this case. The bottom line is that Illinoisans deserve to feel safe in their communities, and this decision makes our cities and towns less safe. The turnstile system of criminal justice that goes along with the elimination of cash bail will put dangerous offenders back on the streets within hours of their arrest. Judges must have the flexibility to set bail as they see fit given the circumstances of each individual case.
“In a state with alarming crime statistics, eliminating cash bail without giving judges full discretion is the last thing we should do. Until Illinois decides once and for all to get tough on crime and hold offenders accountable, this state will continue to have a serious crime problem.”
* Republican Leader Jackie Haas…
“Less than two hours before we began an entirely new General Assembly, Illinois Democrats rammed through one of the worst criminal justice reform packages that was promptly signed into law by the Governor. Even Democratic State’s Attorneys sued because of mounting public safety concerns introduced because of this act. Yet today, the Illinois Supreme Court has declared this constitutional, despite the facts that Illinois has one of the highest murder rates in the country, costs have risen for taxpayers, and our police forces are demoralized. This is a deeply upsetting day for our state and communities.”
* Kankakee County State’s Attorney Jim Rowe…
“A few moments ago the Illinois Supreme Court ruled that the Safe-T Act is constitutional and will take effect on September 18, 2023. While this ruling is disappointing and the Act terribly detrimental to public safety, we must abide by the decision and will continue to do our best to serve the people of Kankakee County.
“Despite the defeat, I could not be more proud of all who fought the good fight. The people of Illinois deserve better than bail reform that is passed under cover of darkness at 4am when all the state was sleeping; they deserve to have a voice in any constitutional amendments through the power of their vote; and they deserve to be governed by a government of, for and by the people—not by legislative or gubernatorial fiat. That was the essence of our lawsuit and we stand for those principles still today.”
* Kankakee County Sheriff Michael Downey…
“While extremely disappointed but not surprised that the opinion was down party lines, rest assured that the Sheriff’s Office will continue to work hard to keep our community safe. This opinion will embolden criminals even more which is what our Governor seems to want.”
* US Rep. Mary Miller…
“Today, the Illinois Supreme Court erased the rights of crime victims by upholding the Pritzker SAFE-T Act, which will release dangerous prisoners onto our streets and make it even harder for law enforcement to protect our communities,” Miller said.
“By ending cash bail and ordering the release of dangerous criminals, JB Pritzker has made our neighborhoods and our families less safe in his desperate attempt to make Illinois more radical than California so that he can run for President,” added Miller.
“Our state’s attorneys are warning that almost HALF of inmates currently in jail could be released under the SAFE-T Act, which is why 100 out of 102 State’s Attorneys opposed the bill. Please pray for crime victims and our police officers as they face the latest danger unleashed by JB Pritzker’s radical pro-crime agenda.”
* Assistant House Republican Leader Brad Stephens…
“The so-called ‘SAFE-T’ Act rewrote the book on everything, from allowing anonymous complaints against police officers to abolishing cash bail and letting people accused of violent felonies back on the streets. Despite the multiple pieces of follow-up legislation to address its various problems and lawsuits from even Democratic State’s Attorneys because of the mounting concerns about public safety brought on by this legislation, the Illinois Supreme Court has ruled it constitutional.
“In the midst of this ruling, our reality is clear. Illinois still has one of the highest murder rates in the country. Pressure has been put on our overburdened and demoralized police forces in the 20th District and across our state. Unfunded mandates are driving up costs for taxpayers. This decision is disappointing in so many ways. We need to work in the General Assembly to protect Illinois families and our courageous law enforcement.”
* Clayton Harris III…
Today the Supreme Court of Illinois ruled on the Pre-Trial Fairness Act, stating that the act was fully constitutional.
“Today’s historic ruling codifies that Illinois will no longer criminalize poverty. This ruling continues to enforce the detention process while emphasizing community safety,” said candidate for Cook County State’s Attorney, Clayton Harris III. “This was the right decision from the court, as it maintains accountability and continues to protect the safety of our communities.
“As State’s Attorney, I will always ensure safety and fairness and continue to work with all of our stakeholders.”
* House Republican Leader Tony McCombie…
“Politically compelled public policy has never been in the best interest of the people. The liberal court’s decision today is not surprising, and this decision will undoubtedly hurt families and businesses around the state. Anyone that is familiar with the court system knows that this is not about the ability whether an offender can post bail, but a progressive movement to decriminalize crime and promote an environment for repeat offenders.
This policy is not about bail reform, but about elevating criminals. The Illinois House Republicans will join families around the state to bring light to the failings of the liberal imbalance of the General Assembly. We know there is an approach to address comprehensive criminal justice reform, but that must start with offenders being held accountable for the crimes they commit.
I look forward to working with victim advocates and our law enforcement partners to bring forth changes that ensure safe neighborhoods, thriving business districts and most importantly protect victims of crime.”
* Chicago Mayor Brandon Johnson…
“Today, the Illinois Supreme Court upheld the Pretrial Fairness Act, ensuring that a person’s ability to pay cash bail does not unfairly dictate their presumption of innocence in the court system.
Cash bail does not make communities safer, and it never has; it has simply exacerbated existing inequities and disparities in the criminal legal system. Pretrial detention, as a result of the inability to pay bail, further decimates communities that have long been most impacted by mass incarceration, and the destabilization of households and families.
I am grateful that we can move forward to implement this legislation to uphold justice and equity.”
* US Rep. Delia Ramirez…
“For too long, cash bail has been a tool to criminalize poverty and offer loopholes to the wealthy. Today’s Supreme Court decision makes Illinois the first in the nation to end this inequitable practice, and provides a model for other states wanting to end the criminalization of poverty. Now, decisions about detaining defendants will be made based on direct threats to community safety, and not how much wealth someone has.
I was proud to be a sponsor of the SAFE-T Act during my time in the Illinois Legislature, but it took a coalition to get it passed. I’d like to thank Governor J.B. Pritzker, Attorney General Kwame Raoul, State Senator Robert Peters, the Illinois Black Legislative Caucus, the Coalition to End Money Bond, and violence prevention groups for their advocacy in passing and defending the SAFE-T Act. It is time to implement these critical reforms to our justice system. I remain committed to defending this historic legislation.”
* ILGOP…
“Today’s Supreme Court ruling makes it painfully clear that elections have consequences. Democrats, first led by Mike Madigan and now by JB Pritzker, spent tens of millions of dollars to elect a 5-2 majority of Democrats on the Illinois Supreme Court. It is not surprising that the Court would vote along political lines to allow Governor Pritzker and the Democrat controlled legislature to disregard constitutionally protected rights of crime victims in abolishing cash bail. This historic change in criminal justice law, combined with progressive Democrat prosecutors like Kim Foxx and Eric Rhinehart, will significantly undermine public safety by releasing from custody dangerous, violent criminals at a time when police are under attack and Illinois families and crime victims already fear for their personal safety.”
* DuPage County State’s Attorney Robert Berlin…
This morning, the Illinois Supreme Court found the pre-trial fairness provision of the amended Safe-T-Act constitutional. The law as originally written and passed by the General Assembly, included many glaring deficiencies, including the elimination of cash bail, which would have almost completely eliminated judicial discretion when considering a defendant’s likelihood to appear at future court hearings or if the defendant posed a danger to society. On Oct. 3, 2022, myself, Kane County State’s Attorney Jamie Mosser and Champaign County State’s Attorney Julia Rietz, accepted an invitation from Illinois Senate President Don Harmon’s deputy chief of staff to serve on a group of stakeholders that included only three state’s attorneys to remedy these deficiencies. Many of the improvements recommended by this group were passed by the General Assembly and signed into law on Dec. 6, 2022. I am very proud of the improvements advanced by this group and, as the only Republican on the panel, I am grateful to Senate President Harmon for allowing me the opportunity to work in a bi-partisan fashion to ensure the continued protection of the public. These amendments go a long way in rectifying many, but not all, of the anticipated problems and restore some measure of judicial discretion at bond hearings.
* Sen. Dave Syverson (R-Cherry Valley)…
State’s attorneys and law enforcement personnel from across Illinois have stated in no uncertain terms that their work – and the ultimate safety of their communities – will be threatened by many provisions of this controversial overhaul of the state’s criminal justice system. With crime increasing across the state, eliminating cash bail just puts more criminals back on the streets. I am not surprised that the politically aligned Court would side with the Governor, but this is certainly not the ruling I had hoped for. It clearly sends yet another message that there are limited consequences for committing crimes in Illinois.
* Sen. Sue Rezin (R-Morris)…
The Illinois Supreme Court’s decision to uphold the SAFE-T Act in its entirety is disappointing. While I understand the movement to reform our cash bail system, there is a way to do that fairly while also better ensuring the public safety of our communities. The SAFE-T Act, which the Majority Party negotiated, drafted and passed in the middle of the night with little-to-no input from law enforcement, state’s attorneys, and judges is a far cry from achieving that balance. Instead, counties are now faced with implementing this hastily, dangerous, and ill-conceived law, which I fear will make our state a less safe place to call home.
46 Comments
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Open thread
Tuesday, Jul 18, 2023 - Posted by Isabel Miller
* Big news coming out of the Illinois Supreme Court today, any predictions? In the meantime, what’s going on in your part of Illinois?…
10 Comments
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Isabel’s morning briefing
Tuesday, Jul 18, 2023 - Posted by Isabel Miller
* Here you go…
* Sun-Times | Illinois Supreme Court to rule today on whether Illinois will become first state in nation to abolish cash bail: The Illinois Supreme Court is expected to rule Tuesday on a controversial provision of the landmark SAFE-T Act that would make Illinois the first state in the nation to abolish cash bail. The ruling, expected to be handed down at 9 a.m., comes six months after the justices halted the Pretrial Fairness Act from going into effect on Jan. 1.
* Crain’s | 2 of ‘ComEd Four’ lose ability to practice law in Illinois: report: Pramaggiore had argued against suspension of her license while her appeal is ongoing, WBEZ reported last week. McClain did not attempt to contest the Attorney Registration & Disciplinary Commission’s motion to suspend his law license, according to WBEZ.
* Injustice Watch | Cook County’s former top public defender ‘misused confidential information,’ report says: The Cook County inspector general accused former public defender Amy Campanelli of inappropriately sharing data on her office’s youth clients to benefit a nonprofit organization where she later took a job.
* USA Today | Eight former Northwestern players retain lawyer for possible hazing lawsuit: Crump and his co-counsel, Steven M. Levin, are “in conversations with many others,” they said Monday, adding that future legal action is “expected to expand beyond Northwestern’s football program and will expose extreme and abusive hazing in other college athletic programs as well.”
* Crain’s | Doug Scott, an architect of Illinois’ climate policy, takes gavel of ICC: Scott is the new chair of the Illinois Commerce Commission – the agency that oversees utilities and companies in other regulated industries in Illinois. He officially stepped into the role on June 20 after Gov. JB Pritzker announced his plan to replace outgoing chair Carrie Zalewski in March.
* Sun-Times | A day with Chicago migrants and the people trying to help them: Nearly a year after the first busload of migrants arrived, Chicago still lacks an infrastructure to house, feed and care for the more than 11,000 asylum-seekers who have found themselves in the city.
* Tribune | Moving migrants from police stations is ‘top priority,’ Mayor Johnson says on tour of new welcome center at Clemente high school: Johnson was joined by CPS CEO Pedro Martinez and other city officials inside Roberto Clemente Community Academy, where a new center dedicated to assisting young migrants in the West Town community area will debut this week, funded through CPS’ regular operating budget. The new resource hub — designed to help youth enroll in school, as well as connect with medical care, temporary housing and other social services — was pitched as a pilot program that the mayor’s administration hopes to replicate citywide.
* Crain’s | For would-be pot retailers, the lottery was the easy part: Now comes the hard part. Rasheed and the other applicants chosen in the lottery will have to prove they meet the criteria for the pot-shop licenses. They’ll also have to pull together business and operational plans, find real estate — and come up with the estimated $500,000 to $1 million or more that it could take to pay for it all.
* WGN | Few answers one month after suburban mass shooting: It’s now been one month since gunfire abruptly ended a Juneteenth gathering in unincorporated Willowbrook. Twenty-three people were shot and one person killed. No one has been charged and the lack of information from police since then is unsettling to those who were there.
* WBEZ | The link between climate change and Chicago’s bad air quality: he Illinois Environmental Protection Agency has designated Monday, Jul. 17 as another Air Pollution Action Day because of smoke from Canadian wildfires. Bad air quality has affected our region repeatedly this summer and it’s one of the many ways the impact of climate change can be felt locally. Elisabeth Moyer is an associate professor in the Department of the Geophysical Sciences at the University of Chicago.
* Sun-Times | New life for stalled renovation of landmark Congress Theater: The City Council’s Finance Committee extended the life of the tax increment financing district until Dec. 31, 2027, and gave the development team tackling the project a $27 million city subsidy.
* Play Illinois | No Cheap Trick: Hard Rock Rockford To Honor Hometown Music Heroes: Hard Rock Rockford is embracing the fact that Rockford is the hometown of famed rock band Cheap Trick. So much so, that a 90-foot tall guitar at the entrance to the casino is a replica of Cheap Trick guitarist Rick Nielsen’s famed Hamer standardbred checkerboard guitar.
* Sun-Times | Barack Obama, in TikTok starring Kankakee Public Library staffers, launches drive against book bans: Obama on Monday in an “open letter” to librarians wrote, “Today, some of the books that shaped my life — and the lives of so many others — are being challenged by people who disagree with certain ideas or perspectives. It’s no coincidence that these “banned books” are often written by or feature people of color, indigenous people, and members of the LGBTQ+ community — though there have also been unfortunate instances in which books by conservative authors or books containing “triggering” words or scenes have been targets for removal.
* Tribune | Which Chicago White Sox pitchers could be on the move by the trade deadline? Taking a look at the possibilities.: The Sox, who begin a three-game series Tuesday against the New York Mets at Citi Field, are 15 games under .500 at 40-55. They are in fourth place in the American League Central, 8 1/2 games behind the division-leading Minnesota Twins.
* Sun-Times | ‘Cartel wife’ of Chicago cocaine kingpin gets 3.5 years for hiding hundreds of thousands of dollars from feds: Vivianna Lopez made an emotional plea for mercy, telling the judge she feared for the lives of her children after Pedro Flores and his brother, Margarito, famously turned against the Sinaloa cartel and helped bring down Joaquin “El Chapo” Guzman Loera.
* ABC Chicago | Emergency slide falls from United plane, lands in backyard near O’Hare Airport: Chicago police: Chicago police said it happened in the 4700 block of North Chester Avenue on the city’s Northwest Side. No one was injured. Patrick Devitt, the homeowner who made the discovery, said he dragged the slide, which fell from a United 767, from his backyard to the front.
4 Comments
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Live coverage
Tuesday, Jul 18, 2023 - Posted by Isabel Miller
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