The Republican Party has warned Illinois lawmakers of a potential crime wave if the state becomes the first to eliminate cash bail for all felonies on January 1st, meaning thousands of prisoners would be released onto the streets.
The 57-year-old Democratic governor of Illinois, JB Pritzker, signed the SAFE-T Act into law on December 6; it will take effect on January 1.
Illinois joins states such as New York, New Jersey, California, and others, who have enacted various bail changes in recent years and have experienced a rise in crime, in instituting such reforms.
In an op-ed published by the Chicago Tribune in September, 61-year-old Republican State Representative Jim Durkin argued that the elimination of cash bail would reduce public safety and “allow drug cartels free reign in Illinois.”
According to ABC News, Durkin stated recently, “We have a responsibility under the Constitution as legislators to keep people secure.” There are certain individuals who pose a threat to society and should be held until trial. Slow your pace. Do not adopt this progressive national strategy.
Durkin and other legislators are pushing swiftly to change the statute once more before its implementation. The removal of cash bail is still inscribed into law notwithstanding the multiple changes signed by the governor.
The 57-year-old Democratic governor of Illinois, JB Pritzker, on December 6 signed into law the SAFE-T Act, which would eliminate cash bail beginning January 1.
Jim Durkin, a 61-year-old state representative from the Republican party, has been vocal about his disapproval of the new statute. Durkin argues that the repeal will reduce public safety and “allow cartels full reign in Illinois.”
As of December 11, 2022, a total of 62,958 crimes had been committed in Chicago, a 41 percent increase over the same period in 2021.
Theft, robbery, and burglary have all increased by 15, 16, and 58 percent, respectively, compared to the same time last year.
According to the SAFE-T Act, the new law will only enable alleged criminals to be kept prior to trial if the court can determine the suspect poses a “specific, real and present threat to a person” or has a high likelihood of flight.
Former State’s Attorney Patrick Windhorst stated that a substantial number of criminals would be released practically immediately or within a few days.
In Illinois, violent offenses with cash bail
When the SAFE-T Act goes into effect on January 1, Illinois will be the first state to totally eliminate cash bail.
There are plans to release a large number of violent offenders without the requirement of posting cash bail.
In Illinois, the following serious offenses are presently eligible for cash bail:
According to the Illinois SAFE-T Act, violent crimes, burglary, robbery, arson, abduction, nearly all drug offenses, DUI offenses, and even DUI offenses involving a fatality do not qualify for incarceration.
This will result in a large number of criminals being immediately or within a few days released.
Johnson County Sheriff Pete Sopczak concurred with Windhorst, stating, “Anyone sitting in jail right now on outstanding charges will be released.”
Cook County Jail, which has held notable convicts such as John Wayne Gacy and was the subject of the reality television series 60 Days In, mostly houses pre-trial detainees who may be affected by the new law.
It is unknown how many pre-trial detainees could be released from Cook County. DailyMail.com contacted the Illinois Department of Corrections and Cook County Jail for comment.
Despite the reputation of the jail and the enormous number of probable releases in the following days, Cook County Sheriff Tom Dart, who has been on the job for 16 years, stated that’part of [the bail reform] is really good; some of [it] is not good.’
However, he supports the release of those convicted of minor offenses, particularly those unable to post bond.
According to ABC News, he stated, “I had approximately 11,000 people in detention when I became sheriff, and all of them were extremely destitute.” ‘The offense was inconsequential, but they lacked $100. They thus sat there. I exclaimed, ‘We must stop this!’
Dart asserts that Cook County introduced bail modifications five years ago, and that this has made the system more viable, but not ideal. He told ABC News, for instance, that criminals are committing an increasing number of new crimes while under home monitoring.
However, he wants legislators to understand that it is difficult to improve the system and that the state must “get it right.”
Because [if] you make a mistake, there will be a response, and others will say: “Witness what transpired? We cannot do this given what transpired there “‘
As of December 11, 2022, there have been 62,958 crimes committed in Chicago, an increase of 41 percent. Theft, robbery, and burglary have all increased by 15, 16, and 58 percent, respectively, compared to the same time last year.
State courts have utilized financial bail to encourage defendants to appear in court and complete legal proceedings for decades. The purpose of cash bail is to assist the defendant in covering these costs.
However, some have stated that the cash bail system is frequently racist and discriminates against the poor. According to the Center for American Progress Action Fund, African Americans are often assigned a bail amount that is nearly four percent greater than their white counterparts, resulting in a cost that is typically $7,000 higher.
Lavette Mayes, a 52-year-old black woman from Chicago, was imprisoned in Cook County Jail for an extended period of time in 2015 because she was unable to post her $250,000 bail following a fight with her mother-in-law that resulted in their hospitalization.
ABC News quoted her as saying, “They pounded the gavel and informed me that my bond was set at $250,000, plus $25,000 to walk.”
It was stunning because I had no criminal history, and I could not comprehend it.
The new rule could result in the release of tens of thousands of prisoners who are now incarcerated owing to their inability to pay monetary bail. Cook County, which mostly detains defendants awaiting trial, is one of the country’s most notorious jails, with many inmates being released back into the community.
Many Illinois residents and legislators are concerned that the state, particularly Chicago, would experience an increase in crime, similar to what other major cities, such as New York City, have experienced.
Mayes spent over fourteen months in jail before she was able to negotiate a more inexpensive bond and be freed with home monitoring.
“My business was lost. I was displaced. I lost my vehicles, my means of movement. I lost everything throughout my 571-day incarceration while awaiting trial,’ she added.
Some Chicago residents are concerned about the imminent return of potentially dangerous persons to the streets, despite cases like Mayes, which the law is primarily intended to assist.
Natalia Dagenhart, a Ukrainian immigrant who resides in the affluent Chicago suburb of Naperville, told ABC News, ‘It’s acceptable until it affects you and your family, or you directly.’
She, too, is concerned that the rate of crime will increase, and she already feels less secure.
She told ABC News, “I no longer even visit Chicago.”
Nationwide bail reforms
In recent years, a number of states have been reforming their bail rules, and the issue loomed large in the 2018 midterm elections.
Here is a breakdown of the ways in which several states have already began modifying their bail laws.
California
In March 2021, California amended its constitution to prohibit judges from setting bail at an amount that individuals cannot afford.
Nebraska
It appears no adjustments have been enacted since Nebraska’s 2021 proposal to stop the practice entirely.
Indiana
The state in the Midwestern United States placed restrictions on the individuals who can be released on bail through the programs of nonprofit bail bond organizations. No longer may violent criminals be bailed out by organizations.
Manhattan
The Empire State has faced a great deal of criticism for its bail regulations, particularly in New York City, where an uprising of criminals were routinely released to the streets in order to inflict further harm.
Nonviolent offenders are not eligible for bond under New York’s weak bail regulations.
Kentucky
Numerous reform proposals have been made, but no new legislation has been introduced in the southern state.
Pennsylvania
Similar to Illinois, the state has largely abandoned the practice unless a judge can establish that the offender is a flight risk or has a history of criminal activity. However, it is rumored that the state intends to pull it back.
Alaska
It is now based on a risk assessment, similar to New Jersey. A high score allows the courts to issue a bail bond, while a low score permits defendants to be freed on their own recognizance.
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