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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…

  10 Comments      


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.

  14 Comments      


Top court rejects “uneven reasoning” on SAFE-T Act

Tuesday, Jul 18, 2023 - Posted by Rich Miller

* 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.

  34 Comments      


Illinois Supreme Court rules ending cash bail is constitutional

Tuesday, Jul 18, 2023 - Posted by Isabel Miller

* 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      


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      


Isabel’s morning briefing

Tuesday, Jul 18, 2023 - Posted by Isabel Miller

* Here you go…

  4 Comments      


Live coverage

Tuesday, Jul 18, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive…


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Afternoon roundup

Monday, Jul 17, 2023 - Posted by Rich Miller

* Decatur Herald & Review…

Property records show that a New Jersey-based company, Rising Newco LLC, spent $1.25 million buying the Decatur manufacturing facilities of bankrupt Akorn Pharmaceuticals. […]

Rising representatives did not immediately return calls seeking comment, but documents list an address that is the same as Rising Pharmaceuticals, which markets and distributes generic prescription products and medicines. […]

The arrival of Rising would appear to be good news for the empty Akorn buildings in Decatur, which shut down suddenly in February. More than 400 employees were abruptly thrown out of work as a result of the Akorn bankruptcy filing.

* SA Foxx press release…

Cook County State’s Attorney Kim Foxx today announced the release of a public “Do Not Call List” of law enforcement officers who will not be called to give testimony under oath as a witness in criminal cases. The release of the “Do Not Call List,” is part of the State’s Attorney’s commitment to transparency and the broader modernization of the Cook County State’s Attorney’s Office’s (CCSAO) Brady Giglio policy which outlines the procedures that prosecutors must follow when disclosing information that could question the credibility of government witnesses.

“The culture that allowed disreputable law enforcement officers to testify in court propelled Cook County’s reputation as the wrongful conviction capital of the country,” said State’s Attorney Foxx. “Releasing our “Do Not Call List” and updating our internal policy regarding witness disclosure are necessary steps to improve the office’s prosecutorial integrity and help rebuild public trust in our criminal justice system.”

“Brady Giglio” is named after two landmark U.S. Supreme Court cases - Brady v. Maryland and United States v. Giglio. The Supreme Court’s rulings in these cases established a prosecutor’s constitutional obligation to disclose impeachment information to the defense.

The list is here.

* There’s just way too much “fittin’ to get ready” in government…

(T)here was optimism in the air two years ago when then-Mayor Lori Lightfoot brought the media to an outdoor event in North Lawndale to announce full-throated city backing for 250 new single-family homes. Intended to be priced for working-class buyers, they would be put on city-owned vacant lots, numbering about 950 in North Lawndale. […]

Lightfoot is now out of office, and Novara, highly regarded by housing advocates, is leaving her city job later this month. So how are those homes coming?

[Richard Townsell, executive director of Lawndale Christian Development Corp.] doesn’t mince words. While he said he’d like to have 200 homes started by now, only 18 are in various stages of construction, with two sold and contracts on four others. They are mostly around 16th Street and Avers Avenue and 18th Street and Sawyer Avenue.

He said the hold up is from all types of municipal red tape over the properties, even though the transfer of city-owned land should be easier than private-market dealings for parcels with liens and back taxes. […]

While he won’t blame individuals, he clearly has problems with people in top-level city jobs. “The city is spending too much time on fluffy things — issues of design and policy,” he said. “It is not built around production. It is built around policy wonk ideas, and as a result nothing gets done.”

And…

The Chicago Housing Authority has revived a long-dormant plan to build hundreds of homes on the site of the former Cabrini-Green housing project, another step in a neighborhood transformation that has been underway for more than two decades. […]

The CHA picked the project’s development team back in 2017, raising expectations that construction on the site would get underway soon. But years passed without any visible progress on the parcel — or on other vacant Cabrini-Green sites nearby, including a key property at the corner of Division and Halsted streets. […]

“It’s been over 20 years for me and Cabrini,” Ald. Walter Burnett, 27th, who represents the neighborhood, said in 2021. “I’ve been trying to encourage (the CHA) to hurry up and get started.”

* Press release…

Friends of the Chicago River and Sierra Club Illinois have served a Notice of Intent (NOI) to sue Trump International for additional violations of the federal Clean Water Act and the facility’s National Pollutant Discharge Elimination System (NPDES) permit. For over a decade, Trump Tower Chicago has underreported the rate at which it withdraws water from the Chicago River in reports required by the Illinois Environmental Protection Agency (IEPA), resulting in an underreporting of its withdrawals by approximately 44%.

IEPA requires that flow rate data be submitted in gallons per day, but Trump International reports a gallons per minute number that it multiplies by 1,000 and labels as gallons per day. Of course, there are not 1,000 minutes in a day—the conversion should be 60 minutes per hour x 24 hours per day; there are 1,440 minutes in a day. This misreporting dates back as far as February 28, 2013.

“Trump International’s persistent and systemic misrepresentation of its flow rates and violations of the Clean Water Act cannot be allowed to continue,” said Friends of the Chicago River Executive Director Margaret Frisbie. “Friends of the Chicago River and Sierra Club are filing a second suit because the amount of intake water actually being used is much higher than Trump International reports, and the damage to fish and other aquatic life is commensurate. Trump International’s egregious mis-reporting is not in line with the significant public investments that have dramatically improved the health of the Chicago River over the past several decades, and we cannot allow Trump International to endanger that critical progress.”

* From the UK…

Today, Governor JB Pritzker continued the delegation phase of his trade mission to the United Kingdom with meetings with government and education leaders as well as a meeting with U.S. Ambassador to the United Kingdom.

The Governor and President of the University of Illinois system, Dr. Timothy Killeen, met with Sir Gerry McCormac, Principal and Vice Chancellor of the University of Stirling, and Sir Peter Mathieson, the Principal and Vice Chancellor of the University of Edinburgh. In addition to his leadership at the University of Stirling, Sir Gerry McCormac currently serves as the international policy lead for Universities UK, a collective of 140 universities.

The Governor discussed opportunities to strengthen the transatlantic connection between post-secondary institutions in the United Kingdom and Illinois. In particular, they discussed expanding mobility of distinguished researchers and students from the United Kingdom to Illinois, allowing for increased funding for researchers in the United Kingdom and increased flow of talent to Illinois.

The day continued with a tour of the Palace of Westminster led by Parliamentary Under Secretary of State at the Foreign, Commonwealth & Development Office David Rutley, followed by a private lunch at Carlton Gardens. During this meeting, the Governor and fellow delegation members discussed trade and investment between the United States and United Kingdom.

Immediately following this lunch, the Governor attended a meeting with Jane Hartley, the U.S. Ambassador to the United Kingdom. In this meeting the two discussed why Illinois is an ideal location for United Kingdom companies and ways to further strengthen the United States and United Kingdom’s economic relationship.

Lastly, the Governor attended the United States Embassy Reception with the Illinois delegation, United Kingdom company executives, and representatives from the United States and United Kingdom Embassy. This reception is the kickoff to a week full of meetings with United Kingdom business and government leaders. Over the coming days, the Governor will discuss economic cooperation related to manufacturing, clean energy and technology, quantum, hospitality and real estate.

* The Kennedy family appears horrified at RFK, Jr…


Maybe Paul Vallas can run his Illinois campaign /s

…Adding… Two new tollway board members…

Melissa Neddermeyer will serve as a Director on the Illinois State Toll Highway Authority.* Melissa Neddermeyer is the Sole Practitioner and Owner of Neddermeyer Law Offices and has been a practicing attorney for nearly twenty years. She serves as Village President for the Village of Willow Springs, where she has significantly lowered the Village debt, increased services to residents and numbers of community events, enhanced infrastructures and road systems, and strengthened relationships with neighboring communities. Prior to being elected Village President, she served as Village Trustee. Committed to public service and collaboration, she is an active member of the Southwest Conference of Mayors and the West Central Municipal Conference. She holds a Bachelor of Arts degree from DePaul University and a Juris Doctor from Chicago Kent College of Law.

Mark Wright will serve as a Director on the Illinois State Toll Highway Authority.* Mark Wright is Founder, President, and Chief Executive Officer of Diverse Facility Solutions (DFS). Since January 2002, he has guided the company to new heights in facility management, janitorial services, project and construction management, and consulting. Under his leadership, DFS has emerged as a prominent player in the janitorial industry. Notably, DFS stands as a minority-owned and MBE certified corporation, proudly headquartered in Chicago while operating in multiple states. Prior to his tenure at DFS, Mark was the Director of Operations at Midway Airlines’ Terminal Consortium (MATCO) from 2001 to 2003, and he played an instrumental role in the monumental $793 million-dollar Midway Airport Development Project the Naperville Planning and Zoning Commission, Naperville Development Partnership (NDP), SOS Children’s Village, and the College of DuPage Foundation.

Neddermeyer replaces Alice Gallagher and Wright replaces Stephen Davis.

* Isabel’s afternoon roundup…

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Protected: SUBSCRIBERS ONLY - Fundraiser list and other stuff

Monday, Jul 17, 2023 - Posted by Rich Miller

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Davis campaign raised less than promised ahead of another tough primary

Monday, Jul 17, 2023 - Posted by Rich Miller

* From last week…

City Treasurer Melissa Conyears-Ervin is poised to challenge Rep. Danny Davis in the March 2024 Democratic primary, changing her mind about not running if he seeks another term as Kina Collins announces a third try against Davis.

Davis, 81, a South Austin resident, has made it clear for months that he will be seeking another term in 2024. […]

She will show fundraising muscle in her first Federal Election Commission report, pulling in, according to a draft, $283,486 as of June 30.

The Davis campaign raised about $100,000 in the last quarter, a spokesperson said.

Conyears-Ervin did, indeed, report raising a net of $283,486, and had $240,732.82 cash on hand, with no debt.

US Rep. Davis, however, reported raising significantly less than his spokesperson told the Sun-Times. Davis reported a net $64,280 raised (including $250 from Rep. La Shawn Ford). He spent about $29K and ended with $143,076.32 cash on hand and $58,954.71 in debt. He owes close to ten grand to some political consultants, $6,500 to a pollster and about $23K to himself.

Kina Collins has not yet filed a quarterly report.

  10 Comments      


Question of the day

Monday, Jul 17, 2023 - Posted by Rich Miller

* Sun-Times editorial…

In 2021, Lion Electric opened an electric bus manufacturing plant in Joliet. In 2019, Rivian Automotive moved into a former Mitsubishi plant in Normal to start building electric vehicles. But Illinois needs to build on those successes if it is to become an electric vehicle manufacturing center.

To help get there, the Legislature in 2021 passed the Reimagining Energy and Vehicles in Illinois Act, which provides incentives to lure companies in the electric vehicle supply chain and promote renewable energy. Another law passed last year will require new or renovated homes to have conduits to charge electric vehicles. […]

But Illinois ought to do more to boost the market for electric vehicles. In its latest budget, the state trimmed about $7.3 million from its electric vehicle rebate program, cutting it to about $12 million. In the previous year, $19.3 million was available for the rebates, which give $4,000 to customers who buy new or used EVs from licensed dealers. Demand was so high, the program ran out of money about halfway through the fiscal year.

More money should be made available for rebates, though perhaps better targeted, to avoid them going to people buying top-end models who could afford to buy electric cars without rebates.

Environmental groups estimate the EV rebate need for this fiscal year to be about $40 million, which is $28 million more than was actually appropriated.

* The Question: Should Illinois increase funding for its electric vehicle rebate program? Explain.

  45 Comments      


In Chicago, Black women’s maternal mortality rate is six times higher than white women’s

Monday, Jul 17, 2023 - Posted by Isabel Miller

* Crain’s…

Research published earlier this month by the Journal of the American Medical Association, or JAMA, found higher maternal mortality rates in Black communities, while Native American and Alaska Native people experienced a particularly rapid rise. State median mortality rates more than tripled over the last two decades.

In Chicago, Black women have a maternal mortality rate that is nearly six times higher than white women and Latina women have a maternal mortality rate that is twice as high as white women.

“The root causes of disproportionate pregnancy complications in Black women are driven by inequality, discrimination and long-standing racism deeply rooted in the U.S. healthcare system,” Dr. Jana Richards, assistant professor of obstetrics and gynecology at UChicago Medicine, wrote in an article. […]

Undergirding the disparities is the disinvestment in health care systems in predominantly Black and Brown neighborhoods, where the legacy of discrimination and redlining has contributed to shorter lifespans. On Chicago’s South Side, only three hospitals offer maternity care, severely limiting residents’ options. Food and housing insecurity and chronic stress also impact birth outcomes for mother and baby, as do the lack of paid maternity leave and flexible work policies.

* Women Employed Director of Advocacy and Policy Sarah Labadie…

While there are many contributing factors to a healthy pregnancy and healthy babies, we know that maternal health is improved with paid maternity leave. Numerous studies have shown that paid leave is essential for healthy moms and babies. The National Partnership for Women & Families details the staggering benefits proven in these studies, including a reduction in preterm births and decreased chances of re-hospitalization for both mothers and babies.

And still, in Illinois, 62% of workers report not being able to take even unpaid leave, either because they are not eligible or because they cannot afford it. Nationally, 62% of workers in low-wage households reported they received no pay during leave. Black and Latino workers are also more likely to lack access to leave, both paid and unpaid, than white workers. […]

In Illinois, we are continuing to push for more protections for pregnant workers. Earlier this year, Women Employed helped champion the passage of the Paid Leave for All Workers Act. The bill provides up to 40 hours of paid time off for any reason to Illinois workers. For pregnant workers, this means paid time off to attend critical prenatal appointments without having to worry about losing a paycheck.

While groundbreaking, the law only provides time for short-term needs, like dealing with a cold or a flu. It does not offer enough time for bonding with or caring for a new child. That’s why we are looking to pass the Family & Medical Leave Insurance Act in Illinois. The law would create a state-run insurance program that allows Illinois workers to use up to 18 weeks of paid, job-protected leave a year. The program would be funded by a small contribution — less than 1% of wages.

* Holistic Birth Chief Strategy Officer Callan Jaress…

I imagine many people would be shocked to hear that the Black infant mortality rate in Cook County today (11.4 per 1,000 live births) is no better than the Black infant mortality rate in Mississippi (11.2 per 1,000 live births). In fact, the Black infant mortality rate in Illinois in 2017-2019 (12.2 per 1,000) was worse than in Mississippi (11.2 per 1,000).

Critical review of the most recent Illinois Maternal Morbidity & Mortality Report (reporting on statewide data for 2016-2017) reveals that the rate of avoidable mortality amenable to health care among Black mothers (35 per 100,000 live births) exceeded that of non-Hispanic white mothers (2 per 100,000 live births) by a factor of more than 15 to 1. Put another way, if our maternal health system furnished timely and effective health care to Black mothers as well as it did for white mothers, the rate of pregnancy-related deaths due to medical conditions among Black mothers would decrease by more than 80%. […]

Licensed certified professional midwives are newly legal in Illinois. Like certified nurse midwives, licensed certified professional midwives, or CPMs, are trained and educated to international standards and capable of providing the essential components of maternal-newborn care needed by 90% of the childbearing population. And importantly, licensure as a CPM does not require a bachelor’s degree.

Chicago should install a direct-entry midwifery program within one of the City Colleges of Chicago and have a new cadre of licensed CPMs ready to go within three years. And because licensed CPMs specialize in working in out-of-hospital settings, there is no reason to exclude underinvested neighborhoods from program installation. The “capital intensive” resources necessary to support conventional health care education programming (e.g., hospital simulators) are not necessary for successful community midwifery programs.

  15 Comments      


*** UPDATED x1 *** ComEd’s federal bribery charge dismissed

Monday, Jul 17, 2023 - Posted by Rich Miller

* More in a bit…


…Adding… Sun-Times…

A federal judge agreed Monday to dismiss the federal bribery charge against ComEd that has loomed over the utility since 2020 for its role in a scheme that helped lead to the indictment of former Illinois House Speaker Michael J. Madigan.

While significant, the dismissal of the criminal charge against ComEd is not surprising. Under the terms of a deferred prosecution agreement between prosecutors and the utility, the feds agreed to seek dismissal as long as ComEd held up its end of the three-year deal. […]

The dismissal means ComEd no longer faces criminal charges and will avoid conviction, while others have faced prison time as a result of the aggressive investigation that targeted Madigan. Though ComEd has admitted to the conduct at the heart of the feds’ probe, its lawyers have insisted on pleading not guilty in court. […]

Meanwhile, Madigan faces trial in April on a racketeering indictment that alleges he also participated in the illegal ComEd conduct. McClain is set to go to trial again alongside Madigan on additional charges. AT&T Illinois and its former president Paul La Schiazza, have also been charged as a result of the investigation.

*** UPDATE *** ComEd…

ComEd today issued the following statement on behalf of CEO Gil Quiniones after a federal judge dismissed the charge against the company, noting ComEd has fully complied with the deferred prosecution agreement (DPA):

“With the completion of the DPA and dismissal of the charge, ComEd remains committed, at all levels of the company, to the highest standards of integrity and ethical behavior for our business, and to continuing to build the trust of our customers. And, as the state transitions to a cleaner energy future, all of our more than 6,300 employees, who work hard to keep the lights on each day, remain focused on continuing to deliver highly reliable, resilient, and increasingly clean power to more than 9 million residents across northern Illinois.”

  12 Comments      


Infrastructure alerts: State scrambles to meet federal deadline to avoid losing highway funds; Deep Tunnel overwhelmed

Monday, Jul 17, 2023 - Posted by Rich Miller

* From the US Environmental Protection Agency…

On January 4, 2022, the US Environmental Protection Agency (EPA) found that certain state and local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions to appropriately address excess emissions during periods of startup, shutdown, and malfunction (SSM)

Illinois is one of the states currently out of compliance and faces an August 12 deadline or risk losing federal highway funds. The state has been working at least since last year to implement new administrative rules. The issue dates back decades, but a court ruled in 2008 that the US EPA’s rules were out of compliance with federal law and, in turn, the US EPA has been telling the state EPA to change its own rules since 2015. But then the feds watered down the requirement during the Trump administration. The Biden administration, however, has renewed the push.

* All of that is explained, and more, in this Capitol News Illinois story…

Illinois faces a deadline next month to either change the way it enforces air pollution emission limits on heavy industries or face federal sanctions that could eventually result in restricted access to billions of dollars in federal highway funding. […]

If the state does not come into compliance by Aug. 12, EPA will impose what are called “offset sanctions,” meaning any new or significantly modified sources of pollution for which a permit is required will come under significantly stricter emission limits.

And if the state does not comply by Feb. 11, 2024, its access to federal highway funds will be restricted to safety projects, capital programs for public transit and a select few other categories of funding.

Those sanctions would be lifted once the U.S. EPA determines the state has submitted an acceptable new SIP.

Because of the looming deadline, the rule change has been put on a “fast track” schedule, but that has irritated industry officials who say they haven’t had enough time to submit comments or try to negotiate an agreement.

* Speaking of highway funding, while road and bridge repairs are important, they’re also quite visible, which is one reason why politicians love to tout them. Sewer and water systems, however, are in dire need of repair and are often therefore neglected by governments. This Tribune story, “Costly Deep Tunnel flooding project can’t handle Chicago area’s severe storms fueled by climate change,” by Michael Hawthorne and Adriana Pérez about the recent Chicago-area flooding is definitely worth reading in its entirety, but here are a couple of excerpts…

Flood losses in the city and suburbs cost taxpayers $1.8 billion in subsidized grants, loans and insurance payments between 2004 and 2014, according to a 2019 report from the National Academy of Sciences. Only hurricane-ravaged areas of coastal Louisiana, New York and Texas received more federal flood aid during the decade.

Scientists who study flooding say the costs likely were significantly higher.

Computer models developed by the city can track down to the block level which neighborhoods are most at risk. Like so many other societal ills, the consequences hit the poorest Chicagoans the hardest. After a major storm in 2013, city officials determined the damages were concentrated in low- and middle-income census tracts on the West and South sides, similar to where many 311 calls originated after the more recent storms.

However…

Under a legal settlement with environmental groups, the district is obligated to expand the McCook Reservoir. A neighboring hard-rock quarry will be added to the existing retention basin by 2029, increasing storage to 10 billion gallons, up from 3.5 billion gallons today.

Maybe that could be expedited?

  5 Comments      


Pritzker formally asks Census Bureau for correction

Monday, Jul 17, 2023 - Posted by Rich Miller

* AP…

A misplaced naval ship in California. Overlooked college students in New York City. Missed inmates in Texas.

These are some of the reasons why the two most populous states and the largest city in the U.S. filed last-minute requests for corrections to their 2020 census figures right before the deadline at the end of last month. California, Texas and New York City were joined by a dozen and a half other stragglers, including Illinois and New Orleans, that made down-to-the-deadline appeals over the numbers that help determine political power and the annual distribution of $2.8 trillion in federal funding.

In total, nearly 200 requests for corrections were filed by local, state and tribal governments through two programs started by the U.S. Census Bureau to give governments opportunities to have their population totals reviewed and corrected if need be.

* Full Gov. Pritzker press release…

Because of an inaccurate census count, the state of Illinois received inadequate federal funding for Medicare, affordable housing, homeland security, and a number of other essential programs. Census undercounts often disservice Black, Latino, and minority communities who have been historically underserved by federal resources, making the correct appropriation of these funds even more crucial. That’s why, in June, we submitted two requests for review of the 2020 census to the Census Bureau. Firstly, for the overall state population count, and secondly for the “group quarters” count, which focuses on nursing homes, college dorms, correctional facilities, etc. The Governor remains committed to advocating for an improved census calculation process and ensuring Illinois receives its fair share of federal funding based on an accurate count of our state’s population, which topped 13 million for the first time in history during this most recent census period.

* The administration sent two letters to the Census Bureau. Excerpt from one…

Dear Director Santos,

I am writing to request a 2020 Post-Census Group Quarter Review for the State of Illinois. Based on data collected from our correctional facilities, state-operated facilities for adults and youth, public and private nursing homes, college and university student housing, adult group homes and residential treatment centers, shelters for people experiencing homelessness and other institutional facilities*, we believe the total count for Illinois group quarter residents may be higher than what was reported in the 2020 Census counts.

My office is working with administrators across the various group quarters to finalize our tally of Illinois residents residing in these facilities in order to submit the required data for review. We intend to provide the Bureau of the Census with the information needed to consider our request in a timely manner.

Two…

Dear Director Santos,

Illinois would like to submit a request for the 2020 Census Count Question Resolution Operation. We are aware not only of the overall nearly two percent statewide undercount acknowledged by the Census Bureau, but also have been made aware by local jurisdictions of potential errors related to boundaries and housing placement.

To this end, my office would like to work with the Bureau of the Census and provide you with the information you need to review Illinois 2020 Census count and make appropriate adjustments. My office is working with subject matter experts in local and state government to gather and furnish all of the required data for your review in a timely manner.

Thoughts?

  5 Comments      


Bailey’s Guns N’ Roses vs. Bost’s Bon Jovi

Monday, Jul 17, 2023 - Posted by Rich Miller

* My weekly syndicated newspaper column…

The last time a sitting Illinois Republican congressperson faced a real primary challenge from a non-incumbent was more than seven years ago, when then-state Sen. Kyle McCarter, R-Lebanon, challenged U.S. Rep. John Shimkus, R-Collinsville. Even so, nobody really thought McCarter had much of a chance, and, as expected, he ended up losing to Shimkus by more than 20 points.

We’ve seen reapportionment-related GOP primaries between congressional incumbents — the most recent being U.S. Rep. Rodney Davis’ 2022 crushing loss to fellow U.S. Rep. Mary Miller (no relation) — but serious challenges of sitting Republican U.S. representatives are otherwise fairly rare here.

Mike Bost is now finding himself in that fairly rare territory. The four-term congressman from southern Illinois gained national renown after throwing a paper copy of an Illinois House bill into the air during an angry floor tirade against reducing public employee pensions.

Bost is now up against former state legislator Darren Bailey, who two-upped Bost by posting an online video of himself shooting a paper copy of a state budget bill with a high-powered assault rifle and then posted another video of him taking a flame-thrower to a budget bill.

Bailey is Bost-plus. He is Guns N’ Roses to Bost’s Bon Jovi. The crewcut candidate pledged undying fealty to Donald Trump on a hot, sweaty public stage when the then-president publicly endorsed him for governor last year.

He’ll run as an outsider against a career politician who has held public office for 28 years. And, just last year, well over $200 million was spent for and against Bailey in the governor’s race, some of it by the same person (Gov. J.B. Pritzker). That adds up to a whole lot of name recognition for Bailey as he enters this contest.

But Bailey is also a not great fundraiser. Bost recently claimed to have $1 million in campaign cash on hand. Bailey only raised a couple of million dollars for the 2022 general election (much of it in large contributions from his family) outside of the money he got from billionaire Richard Uihlein, who chose to spend most of his pro-Bailey money via a Dan Proft independent expenditure committee.

There were no state contribution caps in that 2022 race, but congressional contribution caps are both stringent and low, and they don’t allow family members and billionaires to dump lots of cash. Unless some rich people come in with big-time dark money, Bailey will be running a shoestring race against Bost.

Bost can also count on the National Republican Congressional Committee, which runs a well-funded incumbent protection program.

“Darren Bailey moved to a downtown Chicago penthouse to get blown out by J.B. Pritzker; now he’s back seeking another political promotion,” said NRCC spokesperson Chris Gustafson when Bailey announced against Bost. “Mike Bost is focused on delivering conservative results for Southern Illinois, and that’s why voters will re-elect him.”

Bost has also lined up about half the Republican county sheriffs in his district, plus a couple of retired sheriffs. Those folks loved Darren Bailey last year but are sticking with Bost this time around. Bost received 75% of the vote last November, compared to Bailey’s 72.5 % in the district against Pritzker. And Bost was recently endorsed by National Right to Life, which he described as “America’s oldest and largest pro-life organization.”

Bost knows how to speak to “the base,” calling out “Joe Biden and the crazy liberals in Congress,” and their “woke, radical agenda” for “causing chaos with our economy, confusion in our schools, and a crisis at our southern border,” during his reelection announcement.

Bost also said that while the district needs a fighter, “We’ve got enough show horses in Washington as it is; that’s why I remain laser focused on serving the people and delivering real results for Southern Illinois, the place I’ve proudly called home my entire life.”

Bailey did not bother delivering any results when he was in the state legislature, other than making people feel good about voting for him. But he’s extremely adept at that task, so he probably doesn’t need a whole lot of money to remain competitive. He has authentic far-right street cred coming out his ears.

Cor Strategies, which polls for Republicans, released a poll last week showing the incumbent Bost ahead of Bailey 43-37. A Bost win could help show other “work horse” conservative Republicans how to fend off “show horse” insurgents. A Bailey win would once again illustrate the party’s far-rightward lurch.

  18 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Monday, Jul 17, 2023 - Posted by Rich Miller

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Open thread

Monday, Jul 17, 2023 - Posted by Isabel Miller

* Hope you all had a relaxing weekend! What’s going on?…

  4 Comments      


Isabel’s morning briefing

Monday, Jul 17, 2023 - Posted by Isabel Miller

* Here you go…

  12 Comments      


Live coverage

Monday, Jul 17, 2023 - Posted by Isabel Miller

* Follow along with ScribbleLive…


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* Pritzker hasn’t received VP vetting materials from Harris, but doesn’t shut down speculations that he’s interested
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