Sangamon Sun

Illinois' recent elimination of cash bail as a condition of pre-trial release has sparked mixed reactions and challenges within the state's criminal justice system. Since the law took effect on September 18, there have been concerns raised by prosecutors and stakeholders about the impact of this change.

One of the top prosecutors in McHenry County, State's Attorney Patrick Kenneally, expressed his dismay with the new law, describing the situation he witnessed in court as "absurd" and "incoherent." He shared two examples of individuals who were released despite posing a potential threat to the community. One case involved a man with a history of criminal activity, including prison time, who was charged with attempting to break into his ex-girlfriend's house. The other case involved a repeat DUI offender who should have been detained due to the danger he posed to the public.

Kenneally also highlighted that 22 serious criminals in McHenry County, including those charged with murder and sex-related offenses, have petitioned to be set free until their trials. He criticized the criminal justice system, stating, "The party of unchecked power has succeeded in turning the criminal justice system into a farce." Kenneally hopes that judges will reconsider and keep these individuals in jail until their trials.

The Pretrial Fairness Act, a component of the SAFE-T Act, requires judges to make a decision within 48 hours regarding whether a person charged with a crime should be held in jail. Non-violent offenders are given a notice to appear in court and released. However, attorneys and judges have been facing challenges in implementing this new law. They are currently holding hearings for individuals who were in custody before the law took effect and are seeking release. This process is expected to take weeks as defense attorneys determine which system should be applied to their clients.

The elimination of cash bail has also placed a strain on resources throughout the state. Law enforcement agencies had to familiarize themselves with the changes in preparation for the new law. An assistant state's attorney in McLean County dedicated at least 1,000 hours to studying and teaching a prosecutor's team about the Pretrial Fairness Act. Additionally, some counties lack full-time public defenders, and court reporters are in short supply. State's attorney's offices in certain areas operate with minimal staff, and judges have to travel between courthouses in rural counties. This transition has highlighted the need for additional staff and strained budgets in many regions.

In response to these concerns, Representative Rosenthal emphasized the importance of prioritizing community safety and holding criminals accountable for their actions. She stated, "If these concerns continue within our court systems, we need a major overhaul of how courts deem an individual a threat to the community."

The elimination of cash bail in Illinois has brought about significant changes and challenges within the criminal justice system. While some individuals have been released despite potential risks, prosecutors and stakeholders are working to navigate these issues and ensure the safety of communities across the state.

To find out more, go to this link: https://reprosenthal.com/2023/10/13/elimination-of-cash-bail-prosecutors-have-ongoing-concerns/