East Central Reporter

Illinois made history by becoming the first state in the country to eliminate cash bail as a condition of pre-trial release. However, this move has caused concern among prosecutors as the results have been mixed and have put a strain on local resources in the state's 102 counties.

One of the top prosecutors in McHenry County, Patrick Kenneally, expressed his frustration with the new law, describing the situation he witnessed in court as "absurd" and "incoherent." He shared two examples of individuals who should have been held in jail pending trial but were instead set free due to the judges' lack of choice. One case involved a man with a significant criminal record who was charged with trying to break into his ex-girlfriend's house, and the other involved a repeat DUI offender who posed a threat to the public.

Kenneally further explained that even the most dangerous criminals in McHenry County, including those charged with murder, drug-induced homicide, and sex-related offenses, have petitioned to be released until their trials. He criticized the new law, stating, "The party of unchecked power has succeeded in turning the criminal justice system into a farce."

The implementation of the Pretrial Fairness Act, part of the SAFE-T Act, has resulted in major adjustments for the criminal justice systems across the state. Judges now have 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 at their court date and released. Law enforcement agencies had to familiarize themselves with these changes in preparation for the new law.

However, the transition has not been without its challenges. Attorneys and judges are currently holding hearings for individuals who were already in custody before the new law took effect and now wish to be released. This process will take weeks as defense attorneys decide whether their clients should be treated under the old system or the new one. Illinois courtrooms have been bustling with hearings since the elimination of cash bail.

The elimination of cash bail has also stretched resources thin across the state. An assistant state's attorney in McLean County spent over 1,000 hours studying and teaching a prosecutor's team about the Pretrial Fairness Act. In DuPage County, a man charged with breaking into a high-end boutique shop was released from custody pending trial, despite having a history of armed robbery and aggravated battery. State's Attorney Robert Berlin highlighted this case as an example of a deficiency in the new law.

Furthermore, the elimination of cash bail has exposed the disparities in resources among different counties in Illinois. More than half of the 102 counties do not have a full-time public defender, and some state's attorney's offices operate with just one person. Shortages of court reporters and judges traveling between courthouses in rural counties add to the challenges. The implementation of the new law will require additional hiring and strain budgets in many areas.

The concerns raised by prosecutors and the strain on resources have sparked criticism from lawmakers as well. Representative Miller stated, "This law weakens our criminal justice system and favors criminals who pose a threat to our safety." He criticized the Democrats for crafting bills that put communities at risk and disregard the constitution.

In the midst of this debate, Chicago continues to grapple with escalating crime rates. A witness who testified before the U.S. House Committee compared the city to "Gotham City," emphasizing the urgent need for effective solutions to address the ongoing crime issues.

While the elimination of cash bail in Illinois marks a significant shift in the criminal justice system, the mixed results and strain on resources have raised concerns among prosecutors. The ongoing adjustments and challenges faced by the criminal justice community highlight the need for further evaluation and potential amendments to ensure a fair and effective system that prioritizes public safety.

For additional details, please follow this link: https://repcmiller.com/2023/10/13/prosecutors-concerned-about-elimination-of-cash-bail/