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Eye On Illinois: Pretrial detention reform is a regular political punching bag

Lying about pretrial detention rules in Illinois has been the go-to move for opponents of criminal justice reform for so long it’s starting to seem like maybe there isn’t a way to win the argument on factual merits.

In January 2021, before Gov. JB Pritzker even signed the law currently in the White House’s crosshairs, state Sen. Sue Rezin, R-Morris, wrote an essay proclaiming, “By removing even the option of imposing cash bail, you are handcuffing our judicial system. Under this legislation, everyone, no matter what crime they committed, is entitled to immediate release.”

Bail is for the accused, not the convicted, but “presumed innocent” as a legal concept is rarely relevant in the court of public opinion. Of larger concern was Rezin’s assertion that “everyone” was entitled to release despite the fact the bill included several classes of criminal allegations that would not be eligible for such consideration.

In seeking to preserve the old system, opponents contended the reform was bad public policy without advancing a convincing argument for the public safety benefits of allowing suspects to buy their way out of jail while awaiting prosecution. The stated and applied goal of doing away with cash bail was to make pretrial detention assessments on factors of charges, danger and flight risk without considering the likelihood of someone having (or finding) enough money to stay out of county lockup.

In September 2023, when cash bail formally ended, House Minority Leader Tony McCombie, R-Savanna, said, “The end of cash bail means the legal deck is stacked against the victim and community in favor of the criminal. This law makes it more difficult for police officers and prosecutors to keep our communities safe.”

Yet reform opponents were oddly silent just a few weeks earlier when a 52-year-old man in Madison County paid 10% of a $1 million bond to be released three days after being charged with two counts of first-degree murder in connection with a shooting at the home of a woman with whom he had a relationship.

Who is made safer because the courthouse is sitting on a $100,000 bond? The rhetorical response is that once a suspect posts bail, they’re more likely to comply with release terms and make all their court dates than someone given a money-free bail. But if we’re so concerned about accused murderers being back on the street, why support any rules that make that an option?

The state court system maintains a useful landing page for judicial opinions and data dashboards at illinoiscourts.gov/courts/additional-resources/pretrial-resources. It’s a primary source for learning how these rules came to be and understanding their daily application.

Such information is admittedly dry, but hopefully truth has more value than partisan spin.

• Scott T. Holland writes about state government issues for Shaw Local News Network. He can be reached at sholland@shawmedia.com.

Scott Holland

Scott T. Holland

Scott T. Holland writes about state government issues for Shaw Media Illinois. Follow him on Twitter at @sth749. He can be reached at sholland@shawmedia.com.