Suffredin- For a Better Cook County  
 

Accountability
Forest Preserves
Public Safety
Cook County Budget
Forest Pres. Budget
Property Tax Appeal
Health & Hospitals
Land Bank Authority
Policy Resolutions
Unsung Heroine

 

   
 
   
   
 
   
     
  Office phone numbers:  
   
 
 

Search current and proposed Cook County Legislation in Larry's exclusive legislative library.

   
 

The Cook County Code of Ordinances are the current laws of Cook County.

   
  Cook County is the second most populous county in the nation. It is the 19th largest government in the U.S.
   
     
     
     



Cook County Bond Court Overlooks Critical Information

Thursday, February 02, 2012

by Katy Welter

In less than the time it takes to make an ATM withdrawal, Cook County Bond Court judges make decisions affecting individual liberty and the public safety. This way of transacting justice exacts a dear convenience fee -- defendants' liberty, the community's safety, public funds -- all contrary to long-standing legislation.

It's not as if judges are provided too little informationabout defendants.

As mandated by the Illinois Pre-Trial Services Act, Cook County's pre-trial services department produces a report for the purpose of identifying eligible defendants for release without bond.  County staff interviews each defendant, assessing flight risk and public safety threats. When completed fully, the report includes employment, family, health, criminal history and substance abuse information.

But bond court judges are not utilizing this information in making critical decisions that affect defendants' liberty as well as public safety.

They couldn't be. According to many reports, including a 2011 Chicago Appleseed court-watching initiative, bond court judges spend an average of 30 seconds contemplating each defendant's case. Court watchers reported that judges rarely looked at the paperwork provided to them, relying instead upon brief statements by the prosecutor and defender assigned to each case. Proceedings were often inaudible and defenders and prosecutors sometimes mistook the defendants' identity.

On the whole, court watchers found bond court personnel to be respectful and considerate. But no amount of courtesy can make up for the system's inherent shortcomings: too little time and preparation spent on decisions affecting defendants' liberty and public safety.

Cook County Board President Toni Preckwinkle criticizes the bond court system for sending too many defendants to the county's overflowing jail. The jail is so crowded that the United States 7th Circuit Court of Appeals last year ordered the sheriff to release 2500 defendants, bypassing bond court altogether.

Preckwinkle points out that even seemingly "low" bail amounts are often unaffordable. Unable to meet the 10% bond requirement of even a $2,000 bail, defendants are jailed for weeks, at an estimated expense of $143 per person, per day.

There is simply no demonstrable benefit to setting low bail rather than release on recognizance or electronic monitoring -- a form of non-monetary bail where the defendant wears a GPS bracelet during the pendency of his case. An informative history of bail explains that in the 1960s, a number of municipalities experimented with requiring nominal ($1) or no monetary bail. In one study of 56 municipalities adopting these practices, the failure-to-appear rate was historically low: less than 1 percent.

The crime wave of the 70s and 80s led to a ratcheting-up of bail -- and, in turn, pre-trial detention. The failure-to-appear rate is no better, but the costs to taxpayers, society, and defendants are massive.

One of the leading authorities on criminal justice practices and procedures, the American Bar Association, unequivocally prefers release on recognizance and non-monetary bail in its report on Criminal Justice Standards for Pre-Trial Release (pdf).

"[E]ach jurisdiction should adopt procedures designed to promote the release of defendants on their own recognizance or, when necessary, unsecured bond... Release on financial conditions should be used only when no other conditions will ensure appearance." (emphasis added)

The rationale for this position is straightforward and is grounded in history: defendants in bail hearings are presumed to be innocent. Unattainable monetary bail results in the jailing of unconvicted individuals for an average of several weeks (Cook County estimates range from 24 to 48 days). A great majority of these individuals either subsequently have their cases dismissed or are found to be innocent.

Surely this is not what the Illinois legislature had in mind when, in 1986 upon the passage of the Illinois Pre-Trial Services Act, it declared, "The functions of the [pretrial services] agency would be to interview detained person concerning their background and verify that background, and make recommendations to the court on possible conditions that can be imposed on a defendant prior to trial."

We've asked that Cook County Bond Court judges take each defendant's pre-trial services assessment into account when setting bail. We also ask the Cook County Judicial Advisory Council to urge this reform in itsforthcoming bond court study.The state legislature has required it for over 15 years. Meanwhile, the public pays for the delay.




Recent Headlines

While detainees sit, Cook County bail reform drags on
Thursday, March 23, 2017
Chicago Tribune

Morning Spin: Dorothy Brown contract stalls amid accusations of 'potential half-truths'
Thursday, March 23, 2017
Chicago Tribune

South Austin man charged in shooting near Cook County courthouse
Wednesday, March 22, 2017
Chicago Tribune

Man wounded in hail of gunfire outside Cook County courthouse
Wednesday, March 22, 2017
Chicago Tribune

Des Plaines Mayor Says Compost Proposal On Dump Site Will Be Delayed
Tuesday, March 21, 2017
Journal Online

Man wounded in hail of gunfire outside Cook County courthouse
Tuesday, March 21, 2017
Chicago Tribune

Ensuring Earlier Access to Attorneys for Arrestees in Chicago
Monday, March 20, 2017
wttw Chicago Tonight

Officials: Glencoe, Forest Preserve District close to finalizing golf club land use agreement
Friday, March 17, 2017
Chicago Tribune

The mysterious case of Philippe Loizon and $200,000 charged to Cook County taxpayers
Friday, March 17, 2017
Chicago Tribune

6 Ways the Republicansí Proposed Health Care Bill Could Impact Cook County
Friday, March 17, 2017
Chicago Magazine

Cook County Board Lobbying Activity Dropped In 2016
Thursday, March 16, 2017
The Daily Line

River Forest opts out of Cook County minimum wage, sick leave rules
Thursday, March 16, 2017
Chicago Tribune

Clerk Orr: Sugary drink tax, ridesharing tax ordinance were focus of Cook County lobbying activity in 2016
Thursday, March 16, 2017
Special to suffredin.org

Cook County Board Lobbying Activity Dropped In 2016
Thursday, March 16, 2017
Daily Line

Kim Foxx planning to revamp Cook County wrongful-conviction unit
Wednesday, March 15, 2017
Chicago Sun-Times

Sheriff dropped from lawsuit challenging bail; focus now on Cook County judges
Tuesday, March 14, 2017
Injustice Watch

Cook County Pushing To Make It Easier To Expunge Juvenile Records
Tuesday, March 14, 2017
WBEZ

Making it easier to get juvenile arrest records expunged
Tuesday, March 14, 2017
Daily Northwestern

Cook County Jail Is Being Dropped From Lawsuit Against Jail
Tuesday, March 14, 2017
US News and World Report

Still radical at 75, Bernardine Dohrn says turn Cook County Jail into park
Monday, March 13, 2017
Chicago Tribune

all news items

Paid for by Larry Suffredin and not at taxpayer expense. A Haymarket Production.
^ TOP