Rep. Elgie Sims (D-Chicago) proclaimed that the new Bail Reform Act would “make Illinois a national leader in bail reform.”
The measure, which applies to most non-violent misdemeanors and felonies, such as DUI, theft, and drug possession, creates a presumption that monetary bail is inappropriate in these cases. Instead, judges are encouraged to order alternative measures, such as electronic monitoring, heightened reporting, and daily curfews. If a judge does order monetary bail, there must be a bail reduction hearing within seven days. At a signing ceremony, Governor Bruce Rauner remarked that the measure is designed to help people “who really are just struggling to make ends meet, commit a minor offense and should not be forced to languish in jail.” Lawmakers credited erstwhile presidential candidate Willie Wilson, who posted bail for six strangers in 2016 as part of a “Good Samaritan Bond Pilot Project,” as being one of the driving forces behind the measure.
But not all advocates were happy. Cook County Sheriff Tom Dart, who launched a bail reform campaign some time ago, was noticeably absent from the signing ceremony. According to his office, Sheriff Dart was upset that the bill did not make it harder for some serious felons to make bail because many have access to large amounts of illegal cash.
In 2015, 1,000 Cook County Jail inmates overstayed their sentences because they could not afford to make bail.
Current System
The Eighth Amendment states that “excessive bail shall not be required.” Although there has always been considerable debate as to what constitutes “excessive,” this Constitutional provision clearly endorses the cash bail system.
Both during the initial arraignment and at any subsequent bail reduction hearing, the judge considers a variety of factors when determining what amount constitutes “excessive” bail, including:
- Danger to the public,
- Defendant’s flight risk,
- Amount of evidence against the defendant, and
- The nature of the offense.
What Does the Law Mean?
Cash bail is more or less entrenched in the American system, largely because cash bails are easy to administer and do not require an extensive pretrial investigation. Despite the new law, this system will probably remain in place in Cook County because of the “presumption” loophole.
Locally, we have been down this road before. In 2015, Cook County rolled out a program which required judges to perform risk assessments before setting bail. But a later study concluded that local courts largely ignored this directive. Based on recent history, there will be an uptick in bail reduction hearings because judges are still likely to order cash bail.
At a bail reduction hearing, a defense attorney essentially has a chance to turn the tables on the prosecutor and use the factors listed above to show that bail should be reduced or eliminated. For example, an attorney can argue that the defendant has a job and family in the jurisdiction and is therefore unlikely to flee before trial.
Partner with Tenacious Attorneys
Despite the Bail Reform Act, do not be surprised if cash bail remains in Cook County. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image curtesy of Javier Villaraco)