Q: I want to pin you down on this business about you can’t, you’re not even allowed to look at somebody’s history in terms of whether they actually show up when they’re supposed to be at a court hearing. … You’re not allowed to look at that when determining whether they’re a flight risk…
(Text of Section after amendment by P.A. 101-652)
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining which conditions of pretrial release, if any, will reasonably assure the appearance of a defendant as required or the safety of any other person or the community and the likelihood of compliance by the defendant with all the conditions of pretrial release, the court shall, on the basis of available information, take into account such matters as: […]
(3) the history and characteristics of the eligible defendant, including:
(A) the eligible defendant’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past relating to drug or alcohol abuse, conduct, history criminal history, and record concerning appearance at court proceedings;
…Adding… But there is this part of the statute that the questioner was trying to get at…
“Willful flight” means planning or attempting to intentionally evade prosecution by concealing oneself. Simple past non-appearance in court alone is not evidence of future intent to evade prosecution.
* More state’s attorneys and sheriffs are suing over the SAFE-T Act. WICS…
This time it is Douglas County State’s Attorney Kate Watson and Douglas County Sheriff Nathan Chaplin. […]
In their statement, they argue that the lawsuit seeks injunctive relief based upon the act violating the Illinois Constitution; violating the single-subject law; violating the separation of powers; being unconstitutionally vague, and violating the three-readings requirement.
“Risk to innocent civilians would no longer be a reason for a judge to detain someone who’s charged for the first time offense of kidnapping, or for the first time offense of burglary; even second degree murder, arson,” said Watson.
“It is my sworn duty as Douglas County Sheriff to protect the people of Douglas County,“ said Chaplin. “Criminal justice reform should not be at the expense of public safety. The SAFE T Act was forced through at the 11th hour in a lame duck session (in January 2021). Police and prosecutors were excluded from any type of negotiations. They forced this thing through and now we’re left with the fallout.”
Several state’s attorneys in Illinois have filed lawsuits against the controversial SAFE-T Act, Including those in Mercer, Knox and Jo Daviess Counties. […]
Jo Daviess County State’s Attorney Chris Allendorf said cash bail is ingrained in the Illinois Constitution. […]
On the federal level, Knox County State’s Attorney Jeremy Karlin said it could violate the 14th Amendment. […]
Meanwhile, Karlin agrees that cash bail should be eliminated, but he disagrees with the SAFE-T Act’s implementation. He said the way it is currently written, it restricts his office’s ability to get defendants treatment prior to their trial.
Sangamon County State’s Attorney Dan Wright and Sangamon County Sheriff Jack Campbell are filing a lawsuit over the SAFE-T Act.
The two are suing over the elimination of cash bail, also known as the Pre-Trial Fairness Act.
The lawsuit names Governor JB Pritzker, House Speaker Chris Welch, and Senate President Don Harmon as defendants.
“Litigation of good faith constitutional questions raised by the Act as written, while absolutely necessary to support and defend the Illinois Constitution, does not indicate categorical rebuke of criminal justice reform and many of the public policy objectives underlying the Act,” Wright wrote in a release. “To the contrary, as I have previously stated, the Act includes many provisions that will bring positive reform. The need for meaningful legislative changes to achieve a responsible balance between the rights of criminal defendants and the safety of law-abiding citizens should not continue to be an entrenched “us vs. them” issue hijacked by social media hysteria and election season posturing. Getting criminal justice reform right for all citizens of Illinois is too important to allow our public discourse to devolve into hyperbole divorced from the plain language of the Act, our Constitution, and common sense.”
Add Tazewell County’s top prosecutor and sheriff to a growing list of law enforcement officials around Illinois suing to block full implementation and ultimately overturn a criminal justice reform bill signed into law nearly two years ago.
Tazewell County State’s Attorney Kevin Johnson and Sheriff Jeff Lower filed suit Wednesday in Tazewell County Circuit Court arguing the law is unconstitutional on several levels. They’re also seeking a preliminary injunction on the law’s implementation pending an outcome in the suit.
The two officials are Republicans. They are suing Gov. JB Pritzker, Attorney General Kwame Raoul, House Speaker Chris Welch, and Senate President Don Harmon - all Democrats. […]
Johnson and Lower argue the law will lead to increased staff workloads, delays in court cases, and make it harder to compel a defendant’s appearance in court.
McLean County State’s Attorney Erika Reynolds and Sheriff Jon Sandage are the latest law enforcement officials to go to court in an effort to stop a major criminal justice reform bill from being implemented next year.
They filed a lawsuit in McLean County civil court asks the court to declare the SAFE-T Act unconstitutional. […]
Reynolds and Sandage, both Republicans, said law enforcement officials want to help negotiate changes to the measure they claim will threaten public safety.
They argue a judge’s ability to hold a defendant based on a “high likelihood of willful flight” for an array of violent offenses is too narrowly defined under the law, and makes it unlikely those defendants would be detained. They cite aggravated assault with a firearm, aggravated drunk driving, concealment of a death and certain hate crimes as examples of offenses in which a state’s attorney could not petition the court to hold the defendant in custody prior to trial.
WGN News invited two top prosecutors who belong to the same political party but have vastly different views of the SAFE-T Act for a discussion. Kane County State’s Attorney Jamie Mosser and Lake County State’s Attorney Eric Rinehart joined the WGN Evening News Tuesday.
In the regular [Peoria] city meeting, there was a presentation on the SAFE-T Act to offer clarity for council members about the act. Some council members had questions about how the SAFE-T Act will affect the operation of the Peoria Police Department. Chief Eric Echevarria said he believes major changes will impact state’s attorneys as opposed to local law enforcement.
“Quite frankly, this doesn’t change how we’re procedurally going to do our job. We are going to continue to follow the law. We’re going to continue to make the arrests we need to make,” said Echevarria.
Republican candidate Paul Santucci and Democratic state Sen. Linda Holmes, who are running for the 42nd state Senate District seat, agree the controversial SAFE-T Act criminal-justice reform law needs fixing. […]
“Quite frankly, it is a complicated piece of legislation,” Holmes said. There are aspects of it police and prosecutors support, she added, such as the body cameras and the idea that people accused of violent crimes should not be able to be freed pretrial just because they can afford to post bond.
“If I was in office I would have voted ‘no,’” Santucci said. “I feel that the form it is in now needs to be repealed.” But, he added, there were parts of it he does support, including provisions addressing police abuse of power.
“I would not say, ‘All of it is garbage and must go,’ but there are issues that must be addressed before we are comfortable with the law,” Santucci said.
* Related…
* BND: No, the jail doors won’t open Jan. 1. Here’s what to know about end of cash bail in IL
Today, the independent expenditure committee All for Justice (AFJ) placed its second buy for the General Election Cycle with the ad “Oath.”
The ad highlights the risk Republican Supreme Court candidates Justice Michael Burke and Mark Curran’s pose to all Illinoisians from a doctor’s perspective. This buy builds off the previous ad, “One Seat,” highlighting the horrific records of Burke and Curran on abortion.
“Rochford and O’Brien are right for Illinois. It is the goal of All for Justice to ensure that voters know the distinct differences between them and these two men. We have the resources to set the record straight in both districts and intend to over the final weeks,” said Luke Casson, Chairman of All for Justice.
Justice Michael Burke faces Justice Mary Kay O’Brien in the 3rd District, which includes DuPage, Will, Grundy, LaSalle, Bureau, Livingston, Iroquois, and Kankakee Counties. Mark Curran faces Judge Elizabeth Rochford in the 2nd District, which includes Lake, McHenry, Kane, Kendall, and DeKalb counties.
Pregnancies are complicated and every situation is different. My job is to do what’s best for my patients.
But Mark Curran and Michael Burke want to criminalize abortion in Illinois, and they’ll get that chance if they’re elected to the State Supreme Court.
Criminalizing abortion will put women’s lives at risk. To think that I could be put in jail, that women could be put in jail for making their own medical decisions. Where does this end? Mark Curran and Michael Burke are too extreme for the Illinois Supreme Court.
…Adding… We’ll just have to wait and see if they file suit. ILGOP…
Statement from ILGOP Executive Director Shaun McCabe on false and defamatory “All for Justice” TV Ad:
“The latest false TV ad from ‘All for Justice’ is even more defamatory than their first false ad. This Madigan Machine-backed group is lying about Michael Burke and Mark Curran because they’re attempting to cover up Mary K. O’Brien’s and Elizabeth Rochford’s ties to the Madigan Machine. Don’t be fooled, Illinois voters. If elected to the Supreme Court, Madigan Machine judges O’Brien and Rochford will put their political cronies before the people of Illinois.”
Former state legislator Jim Nowlan is part of the Judicial Fairness Project, and was involved with the effort to oust Kilbride after he and “his fellow Democrats sullied their robes in 2016 with a preposterous decision that knocked off the ballot a citizen’s initiative to put an independent mapping question before the voters.”
Nowlan said Democrats drew the judicial map to favor their party back in the ’60s.
“Since then, continuously, Democrats have had a majority on the Illinois Supreme Court and they have used that majority reliably to back the positions of (Chicago Ald.) Ed Burke and (former Illinois House Speaker) Mike Madigan on redistricting, term limits, pensions,” Nowlan said. “And so, it’s time for a change.”
For the first time, Illinois’ Democratic-controlled legislature and Democratic Gov. J.B. Pritzker last year redrew the Illinois Supreme Court districts, in a manner that Nowlan said will make it more difficult — but not impossible — for Republicans to win them.
He adds that the Dobbs decision overturning Roe v. Wade has changed the landscape and made it more difficult for the GOP judicial candidates.
Some Republican groups and donors that had been expected to come through with heavy funding backed away after Curran, who has never been a judge, won the primary instead of the party’s establishment-backed Lake County Judge Daniel Shanes.
They didn’t back away because he’s never been a judge, but whatevs.
Officials from different Illinois judiciary groups across the state have introduced a Declaration of Judicial Independence to inform the public of the threat of misinformation before the election.
The Illinois Judges Association, representing 1,250 sitting and retired judges in Illinois, introduced the declaration on Tuesday during a virtual meeting about the document.
The document’s purpose is to provide voters with accurate information on judicial candidates ahead of the November election.
Chicago Bar Association President Timothy Tomasik said it is an issue that has been going on for years.
“We are so concerned about the reckless and sometimes ruthless number of politically motivated attacks that have been occurring on our judiciary over the past several years,” Tomasik said.
The Chicago and Illinois Bar Associations are urging voters to consult their evaluations of the candidates, which claim to be non-partisan.
“They are not asked are you Republican or Democrat, do you like the current president or the past president, do you believe in the death penalty or not believe in the death penalty — there is nothing political about the judicial evaluation process,” Tomasik said.
A leader of the pro-abortion rights group, Personal PAC, pushed back. Terry Cosgrove said television advertising focused on what a judge has said or done about the abortion issue, including outside the courtroom, is appropriate.
* Related…
* Illinois Chief Justice Anne Burke Discusses 40-Year Legal Career as She Nears Retirement: Burke also addressed controversy surrounding her husband, Chicago Ald. Ed Burke, who is facing a federal corruption trial next year. She says that the trial “absolutely did not” influence her decision to retire. “My decision was my decision,” she says. “We’ve been married for 54 years and as I always said, for better or worse, but not for lunch. We have to figure out how to do lunch now!” When asked about how well she did in fulfilling her promise to keep her work separate from her husband’s, Burke says “perfectly. Well, not perfectly, but the best I could.”
* Republican Darren Bailey’s first TV ad of general election campaign focuses on crime: While other TV ads critical of Pritzker have been airing since Bailey won the six-man GOP primary race, those ads were paid for by a political action committee aligned with Bailey’s campaign. The new TV ad is the first to be broadcast and paid for by Bailey’s campaign. … The ad buy for the 30-second spot totals $534,000, campaign spokesman Joe DeBose said, and will include being broadcast in the expensive Chicago-area TV market. DeBose said the ad is slated to debut Wednesday or Thursday.
* Darren Bailey’s gubernatorial party nomination signals a rightward shift in Illinois GOP, experts say: Bailey has built his political platform around criticizing Pritzker’s COVID-19 response, making headlines in 2020 for refusing to wear a mask during a legislative session and suing the governor over his stay-at-home order. Chicago crime has also been a focus of Bailey’s gubernatorial campaign. In 2019, he co-sponsored a resolution in the Illinois House to separate Chicago from the rest of the state and has frequently referred to the city as a “hellhole.”
* With Jesse White off statewide ballot for first time in nearly a quarter century, voters faced with fresh choices for Illinois secretary of state: Republican Dan Brady, 61, of Bloomington, is a veteran state legislator who touts his record of bipartisanship and promises to expand staffing to reduce wait times at secretary of state facilities. Democrat Alexi Giannoulias, 46, is attempting a political comeback after losing a 2010 U.S. Senate race following a single term as state treasurer. He says that if elected he will lean heavily on technology to make the office more consumer-friendly.
* Illinois attorney general race: Raoul, DeVore interview with IAPME: A joint interview with candidates for Illinois attorney general, Democratic incumbent Kwame Raoul and Republican Tom DeVore, conducted by the Illinois Associated Press Media Editors Association.
* State Senate 26th District candidates differ on variety of issues: State Sen. Dan McConchie, R-Hawthorn Woods, who serves as the Senate minority leader, said as he talks to voters this election season he hears concerns about inflation more than any other topic. […] Maria Peterson, a North Barrington resident and McConchie’s Democratic challenger in this fall’s election, said as she communicates with people while she campaigns, concerns about gun violence are a frequent topic.
* Former corrections officer running for Illinois’ 72nd House District: A lifelong resident of Rock Island County, Johnson says his life experience has prepared him well for this position. After working for the Illinois Department of Corrections, Johnson says he has firsthand experience advocating for various issues in Springfield. And if elected, he would focus on improving mental health care in Illinois and encouraging young people and families to continue living in the state.
* Martens running for Illinois’ 72nd House District: A Rock Island native and mechanic at Rock Island Electric Motor Repair, Martens says working full-time helps him understand his constituents better than his oponents. And if elected, Martens would focus on voting security and cutting taxes. Martens says if Illinois doesn’t cut spending it will become bankrupt. Because of this, he believes a change of leadership is needed in Illinois.
…Adding… Pritzker campaign…
After months of being propped up by notorious grifter Dan Proft, Darren Bailey is finally up with his first TV ad of the general election and, as expected, it is full of misleading information.
Darren Bailey’s newest ad falsely claims he supports investments in police retention efforts, when his actual voting record shows he voted against millions of dollars for local law enforcement retention grants.
At every opportunity, Bailey voted against bolstering funding to support law enforcement and improve public safety. The governor’s Fiscal Year 2023 budget, which Bailey voted NO on, included the single largest dollar investment to expand cadet classes in Illinois history, $10 million for local law enforcement retention grants, and $8 million for equipment replacements and upgrades at the Illinois State Police.
Additionally, Bailey voted against:
-Providing tens of millions of dollars for police body cameras, retention grants, and mental health screenings
-Strengthening the Illinois State Police Division of Forensic Services
-Strengthening safety for first responders on state highways
-Installing hundreds of highway cameras and doubling state police presence on Chicago-area interstates in response to on-road violence
-Building new, state-of-the-art forensics labs to provide law enforcement with the resources to solve crimes
-Pumping $30 million into multi-jurisdictional task forces to catch and crack down on carjackers
“No amount of false advertising can paint a rosy picture of Darren Bailey’s disastrous voting record thwarting public safety,” said JB for Governor Press Secretary Eliza Glezer. “Bailey had his chance to vote for police recruitment and retention efforts and, instead, voted NO.”
