IL State Supreme Court all in on no-cash bail – perhaps it’s time to bail out of Chicago?

Yesterday, the Illinois State Supreme Court drove what might be the last nail in Chicago’s coffin, if not eventually the entire state’s.

After halting the measure at the last moment before it came into effect on January 1 of this year, they have issued a decision that the no-cash bail section included in the criminal reform bill passed by the legislature was, indeed, constitutional. Now, I did a fair amount of legwork this past fall on the Gov J.B. Pritzker inspired abomination known as Safety, Accountability, Fairness and Equity-Today or Safe-T Act and the angst it was causing both in law enforcement ranks and among citizens. The “revised” version was settled on just a week before it was due to take effect and then the courts stepped in.

Six months after that county specific halt was appealed, no-cash bail goes into effect 18 September in Illinois.

Illinois is set to become the first state in the nation to eliminate cash bail after the state Supreme Court ruled Tuesday that a landmark criminal justice reform law did not violate the state’s constitution.

While other states have implemented similar reforms with varying degrees of success, Illinois will be the only one to completely do away with having to pay money to get released from jail.

…In its 5-2 ruling, the court said the state’s constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.”

The majority rejected claims that lawmakers had overstepped their authority by eliminating bail, writing that “the legislature has long regulated the bail system.”

The court’s only two Republican justices dissented, saying “the legislature’s abolishment of monetary bail is in direct violation of the plain language of our constitution’s bill of rights and, more specifically, the vested rights of crime victims … This court has an absolute obligation to declare the pretrial release provisions of the Act to be invalid and unenforceable no matter how beneficial the abolishment of monetary bail may be.”

Judges will still have some latitude – some.

…Once the changes go into effect, judges will weigh the circumstances of each case and decide whether to release defendants with certain conditions or order them detained if the allegations meet certain thresholds.

Proponents of the controversial measure have said the reforms would right systemic wrongs and put an end to the incarceration of people for nonviolent charges only because they are too poor to post bail.

Detractors argued that it would allow too many dangerous criminals back on the streets, though studies in other jurisdictions that have reformed cash bail systems have generally not found high rates of recidivism for people released while awaiting trial.

…Under the new system, defendants will appear for two hearings: an initial hearing, also known as a conditions hearing, and, if prosecutors decide to pursue detention, another hearing designed to provide a more comprehensive look at whether someone should be released or detained pretrial.

Cook County Public Defender Sharone Mitchell said the high court’s decision means pretrial detention will be determined by “robust and individualized hearings.”

“This means that the decision on who goes to jail or who doesn’t will no longer rely on how much money your mother has, or your partner has, or your grandmother has, or your church has, or you have,” he said at a midday virtual news conference with other officials. “This will literally return tens of millions of dollars to communities that need it most.”

I think it means an already overwhelmed criminal justice system with lenient DA’s becomes even more nightmarish. I cannot imagine what is going to crawl through the cracks appearing as courts try to schedule two dates for defendants – that’s if the notorious urban prosecutors bother with a second hearing.

Crime rates – holy smokes.

As John Kass reported in his column last fall, there’s going to be a huge cost, especially in Chicago. What was Chicago’s problem eventually becomes everyone’s problem, possibly sooner rather than later. And that’s a problem.

…“The reason I’m able to have peace and quiet in Will County is that I’m able to restrain the volent offenders,” Glasgow said. “When Chicago gang members come to Will County [and commit crime], they usually don’t leave, they’re in the Will County Jail. The word gets to Chicago, they don’t come here anymore.”

But as the Democrat Safe-T Act begins releasing arrestees from jails, Glasgow and other prosecutors will lose that leverage to keep public order.

“I lose that ability and then the violent predators who are terrorizing Chicago, they’re going to branch out,” he said. “It’s always the path of least resistance. We give them maximum resistance in Will County. I’ll lose all that with this new law.”

Speaking of the Windy City, how’s that progressive new mayor Brandon Johnson doing so far?

I know he had a rocky Memorial Day weekend, but he was new on the job. Schmaybe he’s…oh.

This is just one – ONE – Chicago PD community alert for residents to be aware of armed robberies happening frequently in their neighborhoods. The perps pop out of a car, stop cars or catch people stopped already in theirs, wave guns in their faces, rob them, and sometimes take that car as well. The robberies are being committed by 2-5 African-American males, 18-25 years old, wearing dark clothes and ski masks.

What enterprising youths! School must be out and the kids are looking for something to do.

“They’re young,” the mayor says. “Sometimes they make silly decisions.”

With this new no-cash bail, they’ll get to make them over and over and over, probably within hours of each other.

Gosh. That’s great.

Weekends are still hopping in Chicago, too. Why, this past one wasn’t a barnburner by any means. Running about average for Mayor Johnson’s inaugural year, and it ain’t really hot yet.

This weekend there were 41 ppl shot in Chicago, 5 of them died.
Two “Peace Keepers” were shot, one of them had an ankle bracelet on.

Why you ask?

Well he’s out on bail for an illegal possession of a firearm, twice this year.

You cannot make this up.https://t.co/OJfPNDjyXO

— Libs Of Chicago (@Libs_Of_Chicago) July 18, 2023

Another one of the mayor’s “peacekeepers” has run afoul of the trust placed in his yellow vest? Say it ain’t so!

You’ll remember the civilian “Peacekeeper patrols” were another brilliant, progressive Pritzker/Johnson tag team idea to convince residents civilians could easily replace the cops. Going gangbusters. Well, actually quite a few gang members but hey! Let’s not quibble with success!

So much to look forward to for that state.