Macoupin County state’s attorney sees mixed bag from end of cash bail
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[January 09, 2024]
By Zeta Cross | The Center Square contributor
(The Center Square) – The Illinois Pretrial Fairness Act that ended cash
bail statewide is a mixed bag for prosecutors, particularly those in
understaffed jurisdictions, according to one state’s attorney.
The elimination of cash bail, a key part of the Safety, Accountability,
Fairness and Equity-Today Act, has reduced jail populations, but it has
also significantly increased the workloads in many jurisdictions that do
not have the staff and resources to cope with the changes.
“Right now we are seeing a reduction in our jail,” Macoupin County
State’s Attorney Jordan Garrison said. “We are seeing more motions and
more filings to deal with the bond court. And we are seeing more burdens
in procedural stuff, motions, filings, things like that.”
It is way too early to tell if recidivism is on the rise or if crime is
rising because fewer people are locked up, Garrison said.
“We don’t have the statistics,” he said.
Garrison is frustrated by the charged rhetoric the measure has set off.
“Prosecutors are not just trying to keep the poor in jail,” he said.
“Reformists are not looking to let all the criminals out on the street.
That rhetoric is not productive.”
What Macoupin County is experiencing under the new system is a
burdensome increase in paperwork and court appearances, Garrison said.
There is also the challenge of keeping track of the accused who are out
on bail pretrial.
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Macoupin County is Illinois’ 30th largest county by population and
the 11th largest in land mass. Burglary on farms and outbuildings,
where valuable equipment and copper are stored, is a common crime.
Under the old system, detaining a suspect who was arrested for
burglary was straightforward. With the elimination of cash bail,
however, keeping accused burglars locked up until they go to trial
is just about impossible, Garrison said.
“Under the old system, we could set a bond that would protect the
public. We just can’t anymore. It is just not allowed,” Garrison
said.
Garrison’s office has a small staff of four. Two other people have
been appointed by the state to work with them to track and monitor
people who are awaiting trial. That is not enough people, Garrison
said. In a large rural area, where money and resources are low, the
staff must concentrate on monitoring people who are charged with
serious offenses. People charged with lower-level crimes like
burglary and drug possession may slip through the cracks, he said.
Garrison is hopeful common sense discussions continue so that the
law can be improved, he said. State’s attorneys are not opposed to
well thought out bail reform and detention reform, he said.
“That needs to be done. You need to keep improving,” he said.
Benefits for prosecutors under the new system include making it
easier to keep dangerous individuals locked up while they are
awaiting trial, no matter how much money they have.
“Under the old system, if a wealthy individual was charged with a
sex offense, they could bond out,” Garrison said. “Under the current
law, it is a lot easier to hold those types of people in jail.” |