Illinois became the first state in the nation Monday to completely remove cash bail as a condition to be released ahead of a criminal trial.
Here’s how the new system will work, with some questions still to be answered.
Who will not be jailed?
Under the new law, people charged with the state’s lowest level offenses will likely never set foot in a jail cell, including at a police station after their arrest.
People charged with an offense lower than a Class A misdemeanor — littering, some speeding charges and possession of marijuana over the legal limit — will likely be released with a citation and a court date without having to be processed at a police station.
What about more serious misdemeanors?
Class A misdemeanor offenses are slightly more serious, but still cover a lot of ground. They include shoplifting, simple battery, trespassing in a car or on property, possessing alcohol as a minor, and street racing.
A person facing a Class A misdemeanor will be arrested and taken to a police station for booking, but should be released with a future court date instead of being taken to jail.
The first question for authorities is whether, under the law, the offense allows the judge to jail someone. For example, a judge can detain a person accused of domestic violence, even when the person is charged with a misdemeanor.
In these cases, people usually face no more than six months in prison if convicted and often are released on probation without any incarceration.
However, law enforcement agencies will still be given discretion in certain cases. For example, if a person continues to commit the offense after being cited, they can be taken into custody and held until they appear before a judge, which must occur within 24 hours.
People can also be taken into custody if they can’t be properly identified, or if police believe a person poses a danger to the community or themselves. Police will have to explain their decision to hold the person.
I’m not all in on prison abolitionism, but I think this is a good step in legal system reform. Most people in jail probably aren’t much of a threat to society.
And those that are, were likely made that way by prison gangs
I just had another thought. I wonder if it will eliminate a lot of escalation and fleeing due to people being afraid of going to jail?
I think in general people would have an easier time interacting with the system and just existing in proximity to it if the stakes weren’t so artificially raised.
Honestly, I’d argue that raising the stakes via the penal system as well as through things like corporate culture and work ethic have more to do with many of our problems than anything else. We’d probably be a lot better off if we took the time to try to teach people patience by not demanding constant impossible perfection and by giving them the room to exist.
So many people get so stressed about literally nothing. I’ll pick people up driving my cab and they’ll literally apologize for needing to be picked up or apologize for paying with cash or a card or a thousand other things. I spend more time reassuring people that everything is fine and it’s completely acceptable for them to call a taxi than nearly any other endlessly repeated interaction.
It’s not a big deal. We’re all going to die. Just take a second and let yourself enjoy your life instead of subjugating yourself to assholes and apologizing for it. Part of that is minding your own damn business and not locking people up for dumb shit.
We are all going to die. Thanks!
I think this is an interesting idea, and we are overdue for trying to humanize the criminal justice system
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Interesting, are they not worried about people who will go on the run or do we have something proving this won’t increase such actions?
I don’t think anyone is going to become a fugitive from justice over littering
I’m not going on the lam if I get caught smoking weed lol. I’m pretty sure there’s data to back that up
If they’re a flight risk the judge can still hold them. It’s basically everyone gets automatic bail unless there’s a good reason to think that’s a bad idea. Bail systems based on money essentially make a two-tiered system for those who can afford bail and those who can’t.
Per the article, they can also slap an ankle bracelet on you if they’re really worried about it. This isn’t 1900 anymore: we have technology now.
Definitely not wrong, I haven’t had a chance to read the full article. Sounds like this was pretty well thought out, I love it
They won’t go on the run, they’ll just be scofflaws and ignore the court date. Now they have a warrant out, and I would presume that means incarceration when they’re caught again.
If that’s not a provision, this is a bad idea. Otherwise I’m all for it. Let’s have IL test it out, see where we’re at in 5-years.
Part of the idea is that the judge makes a ruling on whether or not they are a continued threat to themselves or others.
And if people do get bail, that doesn’t mean they won’t run. But now someone related ain’t losing their house.
Plus, this gives people the opportunity to continue working until their trial so their families don’t suffer because they couldn’t afford the bail and have nothing to put up against it.
Plus bond always costs poor people 10% of their bond whether or not they are found guilty. Bond is just a way to make poor people pay for being arrested.
Yeah, I’m super in favor of the idea, I just worry about repercussions or a lack thereof.
so you’re okay with rich people going on the run when they commit crimes? they can easily pay for it…
You’re welcome to not put words in my mouth.
My goal was to understand how the law works, you’ve done nothing to help with that. Maybe consider that someone has an earnest goal before accusing them of shit, then accuse them when they’ve given you sufficient evidence.
Cash bail is reprehensible and the fact that most states use cash bail sickens me. The 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Given it provably puts a higher punishment on poor people based on percentage of income than rich people, I fully agree with you.
The part I didn’t know (and hadn’t had a moment to read in the article) was that in situations where required (run risk, threat to themselves and others, etc) a judge could still time that they need to be held in jail/holding/whatever.
I love that the people field is getting leveled here, make no mistake. I just needed to understand were we saying “by default except where required no bail or holding” or “no bail yolo enjoy the chaos”
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