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* From the Rockford Register Star’s recent story on the SAFE-T Act’s September 18th effective date…
The change means no more bond court. Instead, in Winnebago County there will be a courtroom reserved full time mornings and afternoons for initial court appearances and pretrial detention hearings. Similar measures are being made in Boone County where courts are adding a Monday morning court call for anyone arrested and held over the weekend. […]
Those accused of violent crimes, sex assaults, gun crimes and domestic battery among others are also considered detainable in jail before a trial. But to deny a defendant pretrial release, prosecutors must within 48 hours of their arrest show by clear and convincing evidence a defendant is a flight risk or a danger to specific people or the community.
Winnebago County State’s Attorney J. Hanley said the new law will take plenty of adjustment both in terms of staffing and approach.
* This argument may work for the hometown media, but it may work against law enforcement at the Statehouse bargaining table…
Morgan County State’s Attorney Gray Noll said revenue generated by cash bail helps to fund several things, including both his own office and the circuit clerk’s office. The elimination of cash bail “will dramatically affect the funding of our criminal justice system here in Morgan County,” with smaller counties being hit even harder, he said.
“Generally speaking, the smaller the county, the more it relies upon bond money to fund the criminal justice system,” Noll said. “Larger counties have the benefit of being able to spread out real estate taxes among all their residents to help fund the criminal justice system, whereas smaller counties don’t have that luxury.” […]
Noll believes the county will begin to feel the effects of cash bail’s end three or four years from now. The county has several criminal cases on its hands that will be resolved in that timeframe, he said, and, because those cases predate the end of cash bail, the fines, fees and court costs will be resolved under the bond money system. Once those cases are cycled through, that source of revenue will dry up, he said.
Noll isn’t sure how the difference in revenue will be made up, though he said the state has provided certain parts of Illinois criminal justice systems, such as public defenders, with more funding.
* But that’s downright mild compared to Center Square’s report, which quotes somebody from another state whose livelihood is based on the existence of cash bail…
Outside looking in, Ken Good, an attorney and member of Professional Bondsmen of Texas, predicts things will be chaotic.
“Your criminal justice system will collapse unless they just are hiding it by dismissing cases until people decide to work together to find policies that will provide public safety,” Good told The Center Square.
* WBEZ…
The new law requires more robust courtroom hearings to decide if a person is held in jail. Those hearings will require more time from defense attorneys, prosecutors and judges. Many experts also predict that without the cudgel of pretrial detention, fewer defendants will strike plea deals, which will mean more resource-intensive criminal trials.
“It is going to be a real issue in some of the smaller counties,” DuPage County State’s Attorney Bob Berlin warned.
Advocates for bail reform have suggested counties take resources saved from the decreased jail population and put them toward courtroom operations.
One of the criticisms of pretrial detention is that it was indeed used as a “cudgel” to force the accused to cut a deal.
* Back to the Jacksonville Journal-Courier…
[Jacksonville Police Chief Adam Mefford ] believes there will be cases when the department has to release someone back into the community that people feel should be held.
“Some people will also think we held someone who should be released. But that will be up to the courts. There are always differences of opinions. We will continue to provide professional law enforcement services,” Mefford said.
Mefford said he sees a positive side to the Pretrial Fairness Act.
“With the current system, if someone committed a violent crime, and they had money, they could get out. If they are held (after Sept. 18), they can’t bond out even if they have the money. So, we will keep some people in jail that should be in jail because there is no bond associated with it. That is a positive if the system works correctly,”” Mefford said.
* Back to WBEZ…
The jail population is expected to shrink, but also change.
According to researchers at Loyola University, nearly 200,000 people are held in county jails throughout Illinois each year. Most experts expect the jail population to significantly decrease across the state. That’s because the law sets a higher bar for who can be held in jail while they are awaiting trial and judges won’t be able to keep someone just because they can’t afford bail.
But it’s possible defendants of some crimes may actually be more likely to be held in jail. For example, people accused of domestic violence are often given the option of cash bail in the current system, and the amounts can be relatively small. That means if they can afford to pay bail, they can walk free. But domestic violence charges often raise clear safety concerns, so it’s possible judges may hold more of these defendants in jail. A study from Loyola University researchers found that people arrested for domestic violence charges are likely to make up a large portion of people charged with “detainable” offenses.
That Loyola study is here.
* Back to the RRStar…
“DUI is a non-detainable offense unless you pick up a second DUI while on pretrial release,” Hanley said. “That’s frustrating to me. As we have been doing bond court, I am like ‘how the heck can we not argue this person is a danger to the community?’ This person has two or three prior DUIs. That to me is a hole in the law in that they have removed the judge’s discretion to detain someone pretrial in certain circumstances.”
* Meanwhile…
The Illinois Supreme Court issued an order Wednesday granting courts in the state greater flexibility to conduct detention hearings remotely as they brace for bail reform next month. […]
In announcing the order, Chief Justice Mary Jane Theis said the high court made the decision due to “the anticipated volume of investigations and hearings on pretrial detention” when the act goes into effect on Sept. 18.
“The courts will be conducting initial hearings not only for newly arrested individuals but also for the over 9,000 individuals who are currently in pretrial detention, resulting in a temporary but significant influx of these types of hearings,” the order states.
posted by Rich Miller
Monday, Sep 11, 23 @ 12:33 pm
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=“Larger counties have the benefit of being able to spread out real estate taxes among all their residents to help fund the criminal justice system, whereas smaller counties don’t have that luxury.” […]=
He is joking right? His county has the same power to levy tax dollars to support government functions as every other and these costs are relative to the size of the county. Rural county boards have been complaining about taxes for eons, now they have to come up with their own money. And they can. Tax Levies are due in December, plenty of time to do some basic math.
Comment by JS Mill Monday, Sep 11, 23 @ 12:44 pm
Nothing I’ve ever read about bail indicated it purpose is to generate “tax” money to support government offices. It never should have been allowed in the first place.
Comment by Norseman Monday, Sep 11, 23 @ 12:45 pm
“with smaller counties being hit even harder”
Just let him keep talking. Give him as many print inches as possible to spread that message. Then, once it sinks in, push the obvious answer onto the table;
Consolidation/Mergers of smaller counties into a single county.
Comment by TheInvisibleMan Monday, Sep 11, 23 @ 12:52 pm
The politics now to SAs having their hands tied to the idea of holding alleged violent defendants will flip to how incumbent SAs are keeping “the county” safe despite the new law, because no SA wants to seem purposeful in ineffectiveness. That’s how you lose elections.
This is the pivot I will watch the closest.
You can’t say your hands are tied and be effective AND follow the law in a political lens that some want. If they are effective, then how can the law be working?
Also, before there’s this whole “downstate and central Illinois needs more money” stuff starts… are these the same legislators that never vote for a budget? Are these the same folks too that say “She-Caw-Go is takin’ all our money”?
Just some honesty. Please.
The collar counties might have that beef but why is bail money running these operations in the first place?
Comment by Oswego Willy Monday, Sep 11, 23 @ 12:54 pm
i feel so sorry for these counties that cannot coerce guilty pleas or essentially steal from a presumed innocent person to fund their county government. if you want a program face your constituents and sell them and raise taxes to pay for it. Impounding card seizing cash and selling real estate for unpaid taxes are not the way to fund government
Comment by DuPage Saint Monday, Sep 11, 23 @ 1:04 pm
Since this passed, I’ve assumed that CYA will kick in and judges will err on the side of self preservation to avoid generating headlines that would hurt them at retention time.
Comment by George Ryan Reynolds Monday, Sep 11, 23 @ 1:07 pm
Wow, never a plainer example of end stage capitalism than a guy complaining he can no longer run his court as a for-profit enterprise rather than as the place for the administration of Justice. As a kid I was taught “crime doesn’t pay”. I wasn’t looking at the right side of it, I guess.
Let’s fix the abuses of civil asset forfeiture next, please.
Comment by Give Us Barabbas Monday, Sep 11, 23 @ 1:21 pm
==One of the criticisms of pretrial detention is that it was indeed used as a “cudgel” to force the accused to cut a deal. ==
This, I think, is the unspoken agenda of the SA’s. They anticipate losing this cudgel will mean more work for their office, but they haven’t included it in their list of concerns because they know it is an unfair aspect of the current (soon to be former) system. “Sign here, and you can go home.”
With respect to bail bond cash being an important revenue source, it is my understanding that folks released on bond get the money back when they show up in court. If that is the case, it is only revenue if a person does not show up; therefore, if it is a big source of revenue, it is an admission that the current (soon to be former) system does not do what it is supposed to do. (If the bond money is retained as a fine after conviction, that revenue stream will still exist.)
Comment by Pot calling kettle Monday, Sep 11, 23 @ 1:28 pm
===it is only revenue if a person does not show up===
No. If they’re convicted, almost all forfeit bail.
Comment by Rich Miller Monday, Sep 11, 23 @ 1:34 pm
Mr. Noll should have mentioned that counties currently get to keep 10% of the bail regardless of the outcome the case….this dough goes bye bye after the 18th.
Comment by Annonin' Monday, Sep 11, 23 @ 1:52 pm
= t is my understanding that folks released on bond get the money back when they show up in court. =
As Rich says, if there’s a conviction, the bond goes towards fines,court costs,fees,and restitution (if any).
Even if there is no conviction, the Circuit Court Clerk keeps 10%.
Comment by JoanP Monday, Sep 11, 23 @ 1:54 pm
==If they’re convicted, almost all forfeit bail.==
As I understand it, bail is forfeited in lieu of a fine and/or court costs. As such, that bill for revenue would still apply; granted, it might be harder to collect from someone in jail.
Comment by Pot calling kettle Monday, Sep 11, 23 @ 1:57 pm
==”…believe there will be cases where the department has to release someone… that people feel should be held.”==
This happens now, when someone posts cash and walks free pending trial even though”people” feel they should remain locked up. But now, people who are a threat or a flight risk will be held even if they have spare cash to put up.
Which people’s feelings is this Chief concerned about?
Comment by Socially DIstant watcher Monday, Sep 11, 23 @ 2:38 pm
it never made sense to me that the county gets to keep 10 percent. i could see a specific dollar amount but if you have a thousand dollar bond or a 100,000 bond i image amount of time filing put paper work same only amount to county differs. Also if you have a plea coming attorneys turn client a before plea then attorney gets bond and when plea is entered no money for fines cost or restitution because attorney has it for fee. many defense attorneys not fond of new law.
Comment by DuPage Saint Monday, Sep 11, 23 @ 2:40 pm
==granted, it might be harder to collect from someone in jail.==
The sad thing is that often parents or other family members post the bond so they are the real ones paying.
Comment by Big Dipper Monday, Sep 11, 23 @ 3:14 pm
==As Rich says, if there’s a conviction, the bond goes towards fines,court costs,fees,and restitution (if any).==
Private counsel is often paid out of bond money.
If one unintended consequence is starving some of the defense attorneys that will be a silver lining for me.
I’ll say it again: I believe that adding staff to both State’s Attorney’s and Public Defenders offices could increase the fair and efficient administration of justice if that is what we really want to accomplish.
Both sides of a criminal case are flying by the seat of their pants with no time to prepare for all but the least mundane cases. Criminal cases in a lot of counties are dragged out for years, not months. I also think reducing workload might help with retention of experienced attorneys who can get more cases fairly resolved.
It’s the next step. Let’s not leave this half finished.
Comment by Occasionally Moderated Monday, Sep 11, 23 @ 3:42 pm
“The Illinois Supreme Court issued an order Wednesday granting courts in the state greater flexibility to conduct detention hearings remotely…” Don’t know if I like the idea of defendants not being able to face the judge, if the judge is going to keep them in jail indefinitely. It seems too “Minority Report” and should not be a permanent procedure.
I also predict that pretrial detention will be abused for political purposes in corrupt rural counties where the locals think no one (the feds) is watching.
Comment by Payback Monday, Sep 11, 23 @ 4:41 pm
If someone isn’t a flight risk or an imminent threat to anyone, they shouldn’t be in jail, period. No pity here for people who felt the best way to fund their ‘justice’ system by extorting people who haven’t been found guilty of anything.
Saying you can’t go home until you pay money is extortion and nothing else.
Comment by Homebody Monday, Sep 11, 23 @ 6:31 pm
““It is going to be a real issue in some of the smaller counties,” DuPage County State’s Attorney Bob Berlin warned.”
I’m really impressed by the people willing to state outright that doing the job of justice correctly is just too expensive.
I’m completely floored.
Comment by Odysseus Tuesday, Sep 12, 23 @ 1:29 am