And even if they spent a few days in jail, it's disruptive to their life. The government drags out sentences fro 30-40 years. The people: "Go ahead, let them out - We'll apply Justice ourselves", Oh yeah and you guys be sure and turn in your firearmsthe government will protect you/s, Get ready for an influx of Illinois citizens moving to Tennessee and other states. A follow-up bill sponsored by former prosecutor and current Democratic Sen. Scott Bennett, of Champaign, would, among other things, widen judicial authority to allow for detention of a defendant charged with any crime if the court believes they are a serious risk of skipping trial, pose a danger to the community, or are likely to threaten a potential witness or juror. Just how is this fair or safe to witnesses of the crimes? Contextualizing cash bail's end Capitolnewsillinois.com Most people pass through jails, being held for relatively short periods before bonding out and that includes people charged with the kinds of serious offenses that are designated detainable under the PFA.. And so the idea is divert those from the formal trappings of this process that take time and resources.. The PFA, he said, was designed to make detention hearings more deliberative. But for the most part, the law prohibits detention of individuals accused of committing lower-level, non-violent offenses. Hold DA 's & judges accountable for slaps on the wrist for violent offenders . Better hope something happens in November, but I have my suspicions. Researchers delve into impact of cash bail in Illinois | Belleville Glasgow said he won't be able to hold people longer than three months if they demand trial. Sent to me by a family member who is a cop in IL near Chicago. The important caveat to that, and I think what the law seeks to address, is that they spend some time in jail, Olson said. Olson said the research cant predict whether more or fewer people will be jailed while awaiting trial once the PFA takes effect, but the makeup of jail populations is likely to change. So it may be under the law that more of them stay in pretrial detention for a longer period of time.. Some have requested Illinois implement a system similar to one adopted in New Jersey in 2017 which allows judges to detain even for misdemeanor crimes. JB Pritzker signed the bill into . Prosecutors detail the defendants charges and may recommend a bail amount. Once an individual is arrested, prosecutors may petition the court for pretrial detention. Seriously? What weve found is that, while its true that many people are jailed under the current cash bail system, most jail stays are brief, researchers wrote in an Oct. 26 brief that examined data from six counties. Olson agreed that by expanding detainable individuals from roughly half of those arrested to all individuals entering the system, the intent of the law would be drastically changed by the proposed amendment. He says the hands of police, prosecutors, and judges will be tied. Individuals who . Gov. Those offenses include second-degree murder, aggravated battery, arson, drug-induced homicide, kidnapping, burglary, robbery, intimidation, aggravated DUI, aggravated fleeing and eluding, drug offenses and threatening a public official. State Law Will Release Second-Degree Murder Suspects Without Bail: 'The End of Days'. Gee, what can go wrong with a system like that in place? Another study of Cook County data showed individuals charged with an offense that would be non-detainable under the PFA paid an average of $1,646 to be released from jail in 2021. New Illinois Non-Detainable offenses 2023 Share Watch on An Illinois criminal justice reform law will do away with the cash bail system on January 1st, 2023, which means suspects charged with certain felonies including second-degree murder, aggravated battery, and arson will be released without bail. Stupidest thing Ive ever heard. It's faster, more economical and fair to the victims anyway. But that doesn't mean everyone charged with a crime will be . (Credit: loyolaccj.org/pfa), UPDATED: Capitol News Illinois 2022 Voter's Guide, Candidates make final push to get out the vote. And so I think with that the argument by many is that detention should be more constrained.. Non-Detainable Offenses in Chicago beginning Jan1st 2023 Under current law, bail hearings typically occur within 72 hours of arrest and last fewer than five minutes. Thats according to the Loyola University of Chicago Center for Criminal Justice, which has been measuring the potential effects of the provision commonly referred to as the Pretrial Fairness Act, which will abolish cash bail come Jan. 1. By JERRY NOWICKI
Whats new is that the law will create a presumption in favor of pretrial release for any individual charged with offenses for which a judge cannot deny pretrial release. But the new system also limits judicial discretion when it comes to lesser, non-violent offenses. No cash bail in Illinois doesn't make offenses 'non-detainable Unfreakingbelievable. Olson noted judges in many counties will have more options for setting release conditions for all defendants come Jan. 1 when the Illinois Supreme Court launches its Office of Statewide Pretrial Services in about 70 counties that dont currently offer such services. Instead of the extra IRS people hire more police officers. Nothing in the bill says that will happen, although opponents of the PFA have cited its silence on the matter as a point of concern. The Illinois SAFE-T Act eliminates cash bail in 2023, but it doesn't create "non-detainable" offenses and release all people charged with crimes before trial. That means officers are instructed to cite and release lower-level offenders who, under the officers discretion, are not deemed a threat to the community. Thats a bill that Gov. Even misdemeanors and other low-level offenses can result in detention if the defendant is already on pretrial release, probation or parole. Research from the Loyola University of Chicago's Center for Criminal Justice examines how arrests in recent years would have been categorized under the Pretrial Fairness Act that ends cash bail beginning Jan. 1, 2023. Will County State's Attorney James Glasgow said in a YouTube video it will be the "end of days" once the law kicks in. And we didn't really achieve anything if we were thinking we were achieving public safety, because we only held them for one or two days before (they posted bond).. But another analysis showed only 19 percent of individuals with pending felony cases were in jail custody while awaiting trial on average from 2017 through 2019, with another 17 percent on electronic monitoring or pretrial supervision. Fact checking Illinois' upcoming SAFE-T Act | WGN-TV Individuals who could be held as flight risks under the PFA were required to pay an average of $4,846, while those detainable as risks to the community under the PFA . Thats important, he said, because the subjects of the law are defendants who have only been charged with, not convicted of, a crime. By providing lower-level offenders with a citation and scheduling them to appear in court within 21 days, Olson said, the intent of the law is to allow officers to go back to the beat rather than booking an individual, and to allow the courts to spend more time on cases where violence was involved or was likely to be involved. The concern is that in in some counties, there's not sufficient time spent considering the decision at hand, there isn't adequate or sufficient legal representation at that point where an important decision about liberty is being made, Olson said. Olson used the example of vandalism, criminal trespass where the defendant is not deemed a threat, someone stealing a six pack of beer, small-amount felony drug possession or low-level retail theft offenses. Its also something that, research has shown, has already been happening more frequently since the COVID-19 pandemic began. Pretrial services and supervision can range from sending reminders about court appearances, to mandating monthly check-ins to confirm a defendants address, to providing transportation, to overseeing individuals placed on electronic monitoring. The new process will allow a prosecutor to petition the court for pretrial detention and a defendant is given the right to legal representation at their first hearing, with the detention hearing typically taking place within 24 or 48 hours of the first appearance in court. Another study of Cook County data showed individuals charged with an offense that would be non-detainable under the PFA paid an average of $1,646 to be released from jail in 2021. Theyve also argued that the standard for proving willful flight is too high and some sections of the new law are contradictory, creating wider categories of non-detainable offenses than the bills drafters intended. "What you see in Chicago, we'll have here," Glasgow said. You are using an out of date browser. Does Illinois' SAFE-T Act Make Some Violent Crimes Non-Detainable When we get to the domestic violence offenses, currently, they are detained to a degree but most post bond within a relatively brief period of time, he said. Olson noted the question of where to draw the line on judicial discretion is important because of the finality of pretrial detention under the new system. The judge then decides the conditions of their release, including how much money, if any, the defendant must post before their release. Olson said the first hearing for cited-and-released individuals would be brief and would not focus on an individuals detention, although a judge could set conditions of pretrial release or pretrial supervision. Busy morning with plenty of target practice. It may not display this or other websites correctly. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. detainees will not be required to post bail for their pretrial release beginning January 2023. The PFA, passed in 2021 as part of the SAFE-T Act criminal justice reform, will end the wealth-based system that decides whether an individual is released from custody while they await trial. It received funding from the National Institute of Justice, which is a research arm of the U.S. Department of Justice. Judicial discretion is a matter that could be reconsidered when lawmakers return to the Capitol on Nov. 15. Another study of Cook County data showed individuals charged with an offense that would be non-detainable under the PFA paid an average of $1,646 to be released from jail in 2021. Under the PFA, police will maintain discretion to arrest and bring to the station any individual who is charged with a crime and deemed a threat to the public. It's not the crimes that get much attention from the media or the public, but most arrests are for relatively minor crimes. JB Pritzker has said could be a launching point for discussions as lawmakers consider amendments to the PFA, although he has not endorsed all of its components. One study estimated that a judge would not have been able to detain the defendant in 56 percent of arrests that occurred statewide in 2020 and 2021 had the PFA been in place. A frequent argument against the PFA from prosecutors and Republicans is that the new detainability standards are too limiting for judges. Instead of going the way they are going they need to go the other way !! There are many levels of nuance to detainability, Olson added. The Center's research can be found here: loyolaccj.org/pfa. Thats one reason domestic violence victim advocacy groups, which helped craft the law, remain among its most ardent supporters. What the f*
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