Today’s question, which is divided into eight parts, relates to Pre-trial Procedures. The current League of Women Voters of Illinois position is stated below, followed by the updated consensus study questions on this topic.
Pretrial Release: An arrested person will face pretrial procedures upon entering the police station, including an appearance before a Bond Judge. The presumption of innocence must be maintained throughout the process.
Consensus Questions 7a through 7h
EXISTING POSITION: League supports:
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A bail bond system to ensure court appearances.
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Evaluation and investigation should precede the use of release on recognizance.
League opposes:
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A system of bondsmen who provide bail money for a fee.
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Using financial ability to pay bond as a criterion for pretrial release.
Consensus Questions:
7a. Should we delete the existing position and revise our position based on consensus regarding the following issues?
PRO: The update would replace the existing position, deleting out-of-date references to bondsmen and retaining the opposition to the concept that financial ability should not be a criterion for pretrial release.
CON: None.
7b. Should cash bail be abolished?PRO: Cash bail criterion results in no pretrial incarceration for those defendants who can pay, but prolonged pretrial incarceration for those who cannot pay. Defendants of color are disproportionately incarcerated because of poverty, which results in lost jobs, child care problems, anxiety, loss of home, loss of car, and increased poverty.
CON: There should be a threat of incarceration for violent crime. Cash bail makes the defendant more likely to show up for court appearances and protects the victim and the community. (See sources at the end of question 7h.)
7c. Should defendants be detained in jail only if they are a flight risk or a danger to society?
PRO: “African Americans received disproportionately high monetary bonds and are disproportionately unable to pay these bonds.”
“Our bail statutes provide for release on recognizance when the court is of the opinion that the defendant will appear as required; will not pose a danger to any person, the community; and will comply with the conditions of release.”
CON: Law enforcement would be discouraged from making arrests if they see someone whom they arrested on the street the next day.
7d. Should risk assessments be transparent and designed to exclude weights that may be prejudicial against certain populations?
PRO: The Public Safety Assessment (PSA) provides risk scores for:
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Failure to appear
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New crime
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New violent crime during pretrial period
The PSA is being piloted in Cook, Kane, and McLean Counties.
Most courts in Illinois use the Virginia Pretrial Risk Assessment. Factors include:
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Defendant’s status at the time of arrest
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Type of primary charge, pending charges, criminal history
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2 or more failures to appear
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2 or more violent convictions, residency at one location less than 1 year
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Unemployment for 2 years prior to arrest and history of drug abuse.
CON: Risk assessment tools are based on profiles, using statistical estimates to make predictions of an individual’s predilection to flee. This may lead to stereotyping.
7e. Should electronic monitoring be used rarely for offenders prior to trial and/or sentencing?
PRO: Electronic monitoring puts the defendant, who has the right to a presumption of innocence, in a restrictive situation, preventing the care of children, keeping doctor’s appointments, preventing work assignments, preventing grocery shopping. This is unduly burdening the defendant. Electronic monitoring should be absolutely the last option as a condition for pretrial release. Electronic monitoring should be recognized as “home confinement” that entitles the defendant to credit for time served.
CON: Electronic monitoring is not as restrictive as jail and helps to relieve overcrowded jail conditions. It also gives the community a sense of security.
7f. Must the Bond Court Judge review the Public Safety Assessment that is the basis of determination as to an individual’s release, pretrial?
PRO: “A pretrial risk assessment tool provides the court with an objective research-based measurement of pretrial failure for defendants released from custody during the pretrial phase of their cases. Such validated tools can help judges make risk-based decisions on detention and release, thereby reducing potential bias and subjectivity about who should be retained pretrial.”
CON: The judge is able to determine these factors without the PSA, using the 37 factors that they must considering making this decision. These factors are set by State Statute.
7g. Should pretrial Service providers remind the defendants of court appearances?
PRO: “Pretrial services shall provide reminders to all defendants released on bail in felony cases of their upcoming court dates...” This avoids unnecessary sanctions should a court date be missed.
CON: It is the defendant’s responsibility to remember court dates
7h. Should an attorney or a public defender be present for all defendants at all hearings?
PRO: Because of the complexity of the criminal justice system, a defendant needs an attorney from the moment of booking for arrest to ensure maximum protection of his/her rights and the attendance of his/her attorney at all subsequent court hearings.
CON: By law, Public Defenders are provided to defendants who cannot afford to hire one. Unless the Office of the Public Defender has an adequate roster of on-call attorneys to respond 24/7 and 12/12, attendance at all hearings may not be possible.
ADDITIONAL RESOURCES: http://www.icjia.org/cjreform2015/pdf/CJSR_Final_Report_Dec_2016.pdf, pp.63-65
Principles of Bail Reform in Cook County, Chicago Appleseed Fund
Punishment is not a 'Service': The Injustice of Pretrial Conditions in Cook County, Chicago Community
Bond Fund, Oct.24, 2017
A New Vision for Pretrial Justice in the United States, Woos, Andrea and Allan-Kyle, Portia, ACLU Smart Justice, p.8
An Examination of Illinois and National Pretrial Practices, Detention, and Reform, p.11 Cook County Procedures for Bail Hearings and Pretrial Release, (12)
Supreme Court (Illinois) Commission on Pretrial Practices, Preliminary Report, pp. 8-9
VIDEOS:
Sarah Staudt, Appleseed Fund, 9/10/20 https://drive.google.com/file/d/1D9ZY3zadOMKKMLMucsK8rBigkYOodB/view
Mass incarceration—animated series
https://www.aclu.org/issues/smart-justice/mass-incarceration/mass-incarc...
A Public Forum on Criminal Justice Reform-LWV Oak Park/River Forest
If you would like more information on this question, please contact Nancy Peraino, LWV of Downers Grove – Lisle - Woodridge, at perainoporsche [at] comcast.net
