By Illinois Radio Network
SPRINGFIELD – Illinois lawmakers may soon take up more criminal justice measures, including plans to change or end the state’s cash bail system, a proposal that has divided Democrats and Republicans in the General Assembly.
Gov. J.B. Pritzker said criminal justice reforms would be a top priority for this legislative session in his State of the State speech in January. This week, people from across the state came to Springfield to talk to lawmakers about ending the cash bail system. In Illinois, judges are supposed to set bail for criminal defendants based on more than 20 factors including the likelihood the person will return to court and the risk he or she poses to the public if released before trial.
State Rep. Carol Ammons, D-Urbana, said the presumption of innocence should drive the process.
“In many cases we have people sitting in county jails, 80- or 90-percent of them, who just can’t get out for a small amount of bail that you and I probably could afford, but other people who are indigent or low income cannot afford that,” Ammons said.
State Sen. Chapin Rose, R-Mahomet, said decisions about pre-trial cash bail should be left to the discretion of judges rather than a blanket mandate from the legislature, despite findings from multiple studies.
“Academics can study, I’m talking about reality, alright,” Rose said. “The reality is New York City tried this and it put some really bad people on the streets and crime went up. End of story. Bad idea.”
Advocates for ending cash bail have said that the practice has a disproportionate effect on the poor. Those unable to post money to be released from jail while awaiting trial risk losing employment and rental housing and face greater pressure to accept unfavorable plea deals, according to a 2018 study.
It’s unclear what kind of bail reform measures could advance, if any at all.
Illinois Sheriffs’ Association Executive Director Jim Kaitschuk said from what he hears from members “there must be a gold mine in the jail” because people seem to always come up with bail money. He said the issue of bail should be left to judges.
“The other thing is that there are regular rehearings with the judge,” Kaitschuk said. “So let’s say I’m arrested for driving [on a] suspended [license] and I can’t come up with the $150 bail money to get myself out, I may very well within two days go in front of the judge and they may [release me on my own recognizance] and waive that because I’ve already done time served.
“I don’t believe that this issue is nearly as prevalent as being portrayed,” he said.
Kaitschuk said if the cash bail system is ended, it would squeeze law enforcement budgets.
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