The Illinois Supreme Court recently ruled in favor of abolishing the cash bail system, making Illinois the first state to fully implement this change. Starting on September 18, judges in Illinois will no longer require individuals charged with a crime to post bail for release from jail while awaiting trial, unless they are deemed a threat to the public or a flight risk.
Sheriff Kyle Bacon of Franklin County and Sheriff Jeff Bullard of Jefferson County both believe that law enforcement and attorneys will bear the brunt of these changes. They argue that they have done their job by arresting and incarcerating individuals, but now they are forced to release them based on the new law. Sheriff Bullard expressed concern about the frustration that this will cause for crime victims and emphasized that law enforcement shares that frustration.
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The provision to eliminate cash bail is part of the 2021 criminal justice reform bill known as the Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act. It was initially set to go into effect on January 1 but was put on hold after Illinois Attorney General Kwame Raoul appealed a ruling that deemed the pre-trial release and bail reforms in the SAFE-T Act unconstitutional. Sheriff Bacon mentioned that law enforcement and prosecutors were preparing for this change, but it was put on hold, and now they are scrambling to adjust once again.
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Sheriff Bacon believes that the full effects of this change won't be known until the law takes effect. He anticipates that the flaws of the new system will become more apparent, and addressing those issues will be an ongoing process.
July 23, 2023
Both Franklin County and Jefferson County, located in southern Illinois, experience high rates of drug-related trespassing and burglaries. Sheriff Bacon highlighted the concerns of property owners in the area and questioned how they will be protected under the new law. He emphasized that the rural area and its residents will not be well-served by this legislation.
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Sheriff Bullard noted that reforms like these will have a more noticeable impact in rural areas compared to large metropolitan areas like Chicago. He believes that crime, especially violent crime, is not easily overlooked in rural counties, as it is a matter of concern for many residents.
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Advocates for bail reform argue that the current cash bail system disproportionately affects communities of color, as it bases the freedom of individuals awaiting trial on their ability to pay. However, Sheriff Bullard holds legislators and judges responsible for any new victims that may result from this reform.
He believes that the emphasis on defendants' rights over public safety is discouraging for both the police and citizens. Despite this, he encourages people to remain hopeful and assures them that law enforcement will continue to push forward.
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Both Sheriff Bullard and Sheriff Bacon expressed uncertainty about how this change will affect policing. They raised questions about the individuals currently in jail or assigned a cash bond and the hundreds of arrest warrants tied to cash bonds. The answers to these questions remain unknown, leaving law enforcement with a sense of uncertainty.
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