No cash bail not alleviating problems of unfit defendants languishing
pretrial
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[September 23, 2023]
By Greg Bishop | The Center Square
(The Center Square) – While the end of money bond in Illinois aims to
reduce the population in county jails by allowing low-level criminal
defendants out while holding those charged with more serious crimes,
other issues persist.
Sept. 18 was the first day of the end of money bond. On Friday, Sangamon
County Sheriff Jack Campbell said of 50 defendants in jail from before
the end of cash bail who petitioned for pretrial release, seven had
hearings.
"Thanks to [Sangamon County State's Attorney] Dan Wright, and I know one
of his assistants, Mary Beth Rogers, they've done a great job of arguing
and actually we're seven for seven for these people being detained,"
Campbell told WMAY. "So they've had their petition turned down and were
able to remain in custody."
Among those seven cases included conduct endangering the life of a
child, vehicular hijack and even aggravated battery of a correctional
officer and escape.
ACLU of Illinois' Benjamin Ruddell said the broad revamp of the criminal
justice system is doing what it was intended to do by letting low-level
offenders out of jail pending trial while keeping defendants charged
with more serious crimes behind bars pending trial.
"It remains to be seen what the overall trends will be, but we believe
that the law is appropriately crafted to affect an overall decrease in
the jail population," Ruddell told The Center Square.
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Greg Bishop | Watchdog.org
There may be bumps down the road as the weeks and months progress,
Ruddell said, but mostly, he's heard things are going smoothly across
the state.
Despite the end of cash bail, Campbell said another problem persists.
For years, his office has filed lawsuits leading to the state being
found in contempt of court for not taking criminal defendants found
unfit to stand trial for evaluation and rehabilitation at state
facilities for those with mental illness.
There was even a change in state law Campbell said provided cover to the
Illinois Department of Human Services. Regardless, criminal defendants
found unfit to stand trial are still languishing behind bars.
"There are about 200 statewide that are sitting in county jails that
need to be in DHS facilities," Campbell said he was told by state
officials. "So, again, we are not taking care of these inmates and
that's our ultimate goal is to make sure that they get that need."
Ruddell advocated for the end of money bond so people innocent until
proven guilty don't languish behind bars pending trial. Of inmates
deemed unfit for trial, he said jail is no place for them.
"Those that are experiencing those issues should be in a more
therapeutic environment, whether it's to restore their competency to
stand trial in a criminal case or for any other reason," Ruddell said. |