Annnnnd, here she is. Surprise, surprise!
Posted on 09/14/2023 3:12:40 PM PDT by george76
No cash bail. Rarely has an issue animated politicians and voters the way this one has. In Illinois, money is gone as a condition of pre-trial release.
So how is it going to work?
On Monday, in Room 100 of the Leighton Criminal Courthouse, history will be made.
Mary Marubio is the presiding judge of the Pretrial Division of the Circuit Court of Cook County.
“People who have recently been arrested and who are awaiting pretrial conditions will be coming here receiving those conditions and then being released from custody,” she said.
When those first proceedings begin, Illinois will become the first state to eliminate cash bail.
When asked if this law make us more or less safe, Marubio replied, “I believe it’s going to make us more safe.”
That’s not everyone’s view.
Criticism of the no cash bail overhaul was harsh. Supporters called the skepticism fearmongering.
...
After a challenge from virtually every State’s Attorney, Illinois’ highest court upheld the law paving the way for the new system to take effect.
Here’s how it works.
Beginning Monday, police must issue citations for suspects accused of low-level misdemeanors. Those individuals will be given a court date and released.
For more serious crimes, where a suspect is arrested and remains in police custody, a decision about pre-trial release will go to the court.
Conditions for release are set in an initial hearing. Then, the prosecutor can request a defendant remain in jail.
Witnesses are allowed and the victim will be notified.
Sharone Mitchell is the Cook County Public Defender.
“The whole thing about money. The ability to be able to pay money, just isn’t part of the scenario anymore,” Mitchell said. “Before the Pretrial Fairness Act, a judge could make a determination that a person is eligible for release, but they had to pay a certain amount of money. The new system basically makes a determination about whether someone is eligible to be released, just like the old system, and the judge, just makes a yes or no decision. “
The judge will issue a ruling after listening to arguments from the prosecutor and defense attorney.
“We look at the person’s background and that includes prior convictions, even prior juvenile adjudications, past failures to appear,” Marubio said. “And we look at the nature and circumstances of the offense in front of us.”
The law defines detention eligible offenses — some of them are domestic battery, stalking, predatory criminal sexual assault, violations of order of protection, most gun charges and murder.
The law tweaks how police treat some suspects, enumerating offenses that require release. Among them: petty offenses, certain misdemeanors, people charged with burglary where no one is harmed and battery without great bodily harm. But police maintain discretion to take a suspect into custody.
“There are some charges that themselves don’t quality for detention,” Marubio said.
Rather than a defendant arguing they should be released awaiting trial, it’s assumed that they will be. Now it’s up to prosecutors to push for a defendant to remain behind bars.
“The discretion is with the state to file that petition and to be clear, that’s the standard now,” Marubio said.
In Cook County, the state, the defense and the court are ready for this transformation of the criminal justice system.
“It’s pretty sad that for so long we made decisions about whether somebody should be detained based upon the money that they had in their pockets,” Mitchell said.
“Now people that don’t have the money, who are non-violent aren’t being held because they don’t have the money and people who are violent or dangerous, who might have the means, can’t pay for their way out of jail,” Marubio said.
Starting on Monday at 12:01am, anyone suspected of committing a crime will have their case put into the new system. People arrested before then, or who are already being detained, will have to petition the court for a hearing under the new rules.
Here’s what you need to know.
Stay the hell out of Illinois. No bail for criminals and they are hiring cartel illegals for the police.
Here’s what you need to know: best locations to get U-Haul trucks!
RE: Here’s what you need to know....
Location of border state lines for Wisconsin in the north; Lake Michigan, Indiana, and Kentucky in the east; Kentucky and Missouri in the south; and Missouri and Iowa in the west.
Head for them.
Given how bad crime already is in Chicago, I thought they had already done this.
It’s only going to get better !
Is IL the same IL I left 10 yrs ago?
I was arrested for rolling thru a right turn on red with no other cars in a couple hundred feet. The Gang Crimes unit Detective who stopped me said there was a warrant out on me.
He could not name the nature of the warrant, people involved... nothing. I spent 4 days, 4 nights in Cook County jail. I sat in court all day. 4 pm I was the only one except for the judge and clerk. The judge asked “why are you here?
I said I don’t know. A cop said there was a warrant out on me. He didn’t know why or for what. I said that I didn’t know either, which was true.
The judge said guilty, time served, get out of here.
LOL! That's a special kind of stupid.
OTOH, I suppose there is no flight risk for criminals. Why would they leave Illinois?
I guess I won’t have to worry about that anymore.
SOOOOOO___ALL OF THIS IS HAPPENING AND—the politicians wonder WHY we are CLINGING to our Weapons.
Last time I drove through IL it was at the speed limit.
;)
I wonder if there is a 3 strikes type of deal in the law?
well, that should lighten the court caseload then...
I would say this is not full solution.
With no bail, criminals are free to move out of state and avoid the proceedings. So I would suggest that the crime in Illinois will overflow the state lines, unfortunately.
It’s worked really well in New York.
I expect more sterling results in Illinois.
Is that when you started playing saxophone for the Blues Brothers Band?
Annnnnd, here she is. Surprise, surprise!
Well, time for me to carry whenever I’m out of the house now. My employer won’t let me carry as long as I’m on the clock.
Shame, because I work at a pharmacy.
She? Or he...ugly either way.
They’re also considering opening
government run grocery stores
in areas of cities where violent
crime and theft has forced big
name stores to close.
If those that reside there cannot
see the creep of socialism invading
their lives, it must be that they
turn a blind eye to it, and it’s
welcomed.
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