It is an easy scenario to consider: A young man gets into a scuffle with another young man over a simple disagreement. A neighbor sees this fight and calls the police. The police then arrest the young man and charge him with assault and battery. He is now at the local jail and is eligible for release on bail, but he only has $500 to his name. Instead of being free to leave, he is stuck in jail until he stands trial because he does not have the cash available to post bail for himself.
While the cash bail system has been around for a long time, current Illinois policymakers are considering doing away with it altogether. Supporters of passing laws that would do away with cash bonds argue that doing so would make the Illinois criminal justice system more fair to people from all income brackets. After all, low-income Illinois residents who cannot afford to post bail suffer more than those who can afford to post bond.
Law enforcement officials and prosecutors are against the proposition. They argue that doing away with the requirement to post bail could put victims at a higher risk of another assault. For example, the bail bond requirement keeps some prisoners away from their domestic violence victims, which is a deterrent to more crime. From an economic perspective, local courts rely on the income from bail bonds to fund various services for victims of crimes.
The 2017 Bail Reform Act Made Some Reforms, But Perhaps Not Enough?
The Bail Reform Act of 2017 allowed courts to release those charged with low-level felonies or nonviolent misdemeanors without posting bail. Instead of requiring bail, judges can enforce curfews, impose other restrictions, or order those charged with wearing electronic monitors.
Those advocating against the necessity of posting bail argue that cash bail never fulfills the intended purpose. For example, Sharylyn Grace, Chicago Community Bond Fund director, believes that bail bonds should never be required. Though it is a longstanding practice, she argues that in practicality, requiring the posting of bail does not work. She explains that studies show that posting a bail bond does not increase the numbers of those charged appearing at the required court dates. Requiring bail bonds may also disproportionately impact communities of color and increase recidivism.
The Illinois Supreme Court Has Designated a Commission on Pretrial Practices
The non-profit advocacy group Human Rights Watch submitted a brief to the Supreme Court of Illinois. In this brief, they argued that based on the findings of their two significant reports, requiring cash bail causes more harm than good. The brief cites families selling cars, facing eviction from their homes and suffering mental and physical anguish. Prosecutors have argued that posting bail creates a deterrent for the accused not to commit any other crimes while on bail. They have also argued that bail creates a sort of neighborhood watch over the accused to help encourage the accused to remain on the straight and narrow during the pendency of the charges because the people who posted the bail have something to lose should the accused reoffend or violate their bail.
If You Have Been Charged With a Crime in Illinois, We are Here to Help
Have you been charged with a criminal offense in Illinois? Depending on the crime, you may have to pay cash bail. The skilled Cook County criminal defense law attorneys at Glasgow & Olsson will aggressively represent your best interests. To contact us, please fill out our online form for an initial consultation.
(image courtesy of Madison Kaminski)