Reforming the Illinois justice system
MCHENRY COUNTY – The countdown continues to ending cash bail in Illinois, a first in the nation now that both the Illinois House and State Senate have approved reform of criminal justice.
Illinois Senators have approved House Bill(HB)3563 now before Governor J.B. Pritzker for his signature. In this lame duck session of the legislature, state senators were asked to pass a 764-page amendment in law enforcement and the criminal justice system that was initially HB 163 and although the bill number changed, opponents felt it was the same old bill they had initially opposed. They were also upset that the complex and lengthy bill was given to them only an hour before they were expected to vote early in the morning of January 13. This didn’t give lawmakers much time to read and digest the contents of the massive bill. Huntley Police Chief Robert Porter is among those in the law enforcement community that sought compromise, negotiation, and public input.
“It is my feeling that with the extremely strong opposition to this bill, it should have been slowed down and not rushed through during a lame duck session,” Porter said.
Porter explained that law enforcement is not resistant to modernization and change.
“However, it’s a concern when an 800-page bill that virtually changes the entire system is introduced at 4 a.m. during a lame-duck session and voted on,” Porter said.
Cook County State’s Attorney Kim Foxx had expressed support for the bill initially listed as HB 163. Foxx believed the bill was aimed at rebuilding trust in police departments, by increasing police accountability. Measures inside the bill she felt would address a number of problems such as “altering unfair criminal justice policies,” Fox said. However, McHenry County State’s Attorney Patrick Kenneally didn’t feel the same way as Foxx.
“Every elected state’s attorney in Illinois with the notable exception of Foxx, joined in calling for this last minute bill to fail,” Kenneally said. “A small group of legislators sought to ram HB 163 through the session.”
Kenneally used the word “bewildered” to describe his reaction to why anyone would want the bill passed because he felt the bill was wrong.
“It’s disastrous and dangerous on so many levels. Without hyperbole and if passed in its current form, this bill will all but mandate the immediate pretrial release of drug-dealers, sex offenders, and drunk drivers irrespective of their likelihood of reoffending, the danger they pose generally to the public, or their willingness to comply with conditions of their release,” Kenneally said. He said a few politicians in Chicago should not dictate to the entire state. Opponents labeled the bill as a “monster bill.”
The Illinois State’s Attorneys Association respects and applauds the sponsor and all the legislators that have tackled these very difficult issues. Yet, Justin Hood, president of the Illinois State’s Attorneys Association (ILSAAP) opposed the bill pointing to provisions he sensed were deeply problematic.
“The bill’s provisions will only result in further significant increases in violent crime, undermine public safety, and deny justice to crime victims,” he said.
The Illinois State’s Attorneys Association agrees that some criminal justice reforms are necessary and they want it known they’re willing to work with the General Assembly for reform but as the bill stands, “It goes too far,” Hood said.
Among the provisions, Hood said the Illinois State’s Attorneys Association opposed elimination of a cash bail requirement to detain a defendant in favor of detention only. Foxx had stated that cash bail is a pillar of institutional racism within the criminal justice system. The ILSAAP recognized that since the Bail Reform Act of 2017, more defendants have ignored the courts and failed to appear in court as ordered. Hood continues to believe the legislation will increase the risk to crime victims and their families in a situation where a defendant “poses a real and present threat to a specific, identifiable person or persons, or has a high likelihood of willful flight.” Another example would allow defendants charged with violent crimes like rape and carjacking to be out on pre-trial release, according to Hood. Other aspects of the Criminal Justice Reform bill call for the elimination of police chokeholds as restraint and would make it mandatory that all police officers wear body cameras not just part of the time but at all times while they are working.
“These examples only scratch the surface of many of the changes proposed that cannot be reconciled with the average person’s views and expectations for their justice system,” Hood said. The ILSAAP is looking for collaborative, bipartisan efforts to work on improvements in the justice system.
