Chicago Tonight: Black Voices
Cash Bail Ends in Illinois Monday. What You Should Know
Clip: 9/15/2023 | 10m 48sVideo has Closed Captions
The elimination of cash bail comes after extensive delays, legal challenges and pushback.
Critics say the law makes the state less safe and are concerned about resource demands under the new system. Supporters point to the disproportionate impact pre-trial detention has on communities of color.
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Chicago Tonight: Black Voices is a local public television program presented by WTTW
Chicago Tonight: Black Voices
Cash Bail Ends in Illinois Monday. What You Should Know
Clip: 9/15/2023 | 10m 48sVideo has Closed Captions
Critics say the law makes the state less safe and are concerned about resource demands under the new system. Supporters point to the disproportionate impact pre-trial detention has on communities of color.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship>>> COURTROOMS ACROSS ILLINOIS ARE SAID TO ELIMINATE CASH BAIL BEGINNING MONDAY.
THAT MEANS PEOPLE WHO HAVE BEEN ARRESTED AND ARE AWAITING TRIAL WILL NO LONGER BE HELD IN JAIL UNLESS THEY ARE CHARGED WITH CERTAIN FELONIES OR POSE SAFETY OR FLIGHT RISKS AFTER THE ILLINOIS SUPREME COURT UPHELD A CONTENTIOUS PORTION OF THE CRIMINAL JUSTICE REFORM ACT KNOWN AS THE SAFE ACT.
CRITICS SAY, THE LAW MAKES THE STATE LESS SAFE AND WANT REFORMS .
OUR REPORTER POINTS TO THE DISPROPORTIONATE IMPACT PRETRIAL ATTENTION HAS ON COMMITTEES OF COLOR.
JOINING US WITH MORE ON THIS NOW ARE DIRECTOR OF ILLINOIS JUSTICE PROJECT, AMADU GERMAIN, AND A PASS FROM THE SIDE NETWORK CHURCH, FROM PRETRIAL JUSTICE, WORKING FOR PRETRIAL ATTAINMENTS AND PRETRIAL DEFENDER, SHARON MITCHELL JR.
THANK YOU BOTH FOR JOINING US.
PASTOR, LET'S START WITH YOU .
YOU'VE BEEN PUSHING FOR PRETRIAL AXIS SINCE THE BEGINNING.
WHEN DID YOU START ASKING FOR THIS REFORM?
>> WE STARTED HAVING CONVERSATIONS ABOUT THE IMPACT OF PRETRIAL DETENTION ON THE COMMUNITIES IN WHICH WE SERVED OVER SEVEN YEARS AGO.
TALKING ABOUT HOW POOR PEOPLE, PARTICULARLY BLACK AND BROWN PEOPLE WERE IMPACTED BY NOT HAVING ENOUGH MONEY TO PAY BAIL.
AS WE DUG A LITTLE DEEPER AND STARTED TO TALK TO COMMUNITY MEMBERS ABOUT THE FACT THAT BEING HELD IN PRETRIAL DETENTION DID NOT MEAN THAT YOU HAD COMMITTED A CRIME, IT DIDN'T MEAN ANYTHING OTHER THAN YOU WERE TOO POOR TO PAY BAIL AND TO GO FREE, AND THAT PEOPLE WERE RICH, AND THAT PEOPLE WHO LIVED IN DIFFERENT COMMUNITIES DIDN'T HAVE NEARLY AS BIG AN IMPACT.
SO, AS WE WORK OUR WAY THROUGH CHURCH, I THINK COMMITTEE CONVERSATIONS, MORE AND MORE PEOPLE STARTED TO REALIZE HOW UNFAIR, HOW UNJUST AND EVEN RACIST THE SYSTEM WAS WHEN IT LED TO PRETRIAL DETENTION.
IT STARTED A MOVEMENT.
THAT MOVEMENT HAS LED TO WHERE WE ARE NOW.
CASH BAIL IN ILLINOIS.
>> WHAT WAS THE ILLINOIS INJUSTICE ROLE FOR YOU, JERMAINE?
>> BACK WHEN OUR COOK COUNTY PUBLIC DEFENDER, MITCHELL, WAS INVOLVED IN THIS WORK, WE WERE AT THE FOREFRONT OF PUSHING THIS ENVELOPE ON THE ISSUE.
WE HAVE BEEN COMMITTED TO THIS WORK AS A MEMBER, ORIGINALLY, THE COALITION FOR THE ENTIRE NETWORK IT HAS EXPANDED TO INTO THE STATE OF ILLINOIS JUSTICE DEPARTMENT.
IT'S AN ISSUE WE REMAIN COMMITTED TO TODAY.
WE RECENTLY HAD A JOURNALISM SEMINAR FOR JOURNALISTS ACROSS THE STATE , WITH JUDGES AND ADVOCATES AND RESEARCHERS AND SCHOLARS WHO WERE PART OF A PANEL DISCUSSION -- SEPARATE PANEL DISCUSSION, IN FACT -- TO REALLY TALK ABOUT HOW JOURNALISTS OUGHT TO BE COVERING SUCH ISSUES , AND HOW WE SHOULD REALLY TAKE A DATA-DRIVEN APPROACH ON MEASURED APPROACHES TO REALLY UNDERSTANDING EACH INDIVIDUAL ELEMENT, BECAUSE THIS IS A UNITY FORM THAT WE NEED TO WORK MORE METICULOUSLY TO REFORM.
WE NEED TO WORK METICULOUSLY FROM DAY ONE , AND CONTINUE.
>> MITCHELL, AS YOU SAID, YOU HAVE BEEN WORKING ON THIS FOR SOME TIME.
WHAT WILL PRETRIAL DETENTION LOOK LIKE COME MONDAY?
WHAT WILL LOOK DIFFERENT FOR WORKERS?
>> WE KNOW THAT MONEY WILL NO LONGER BE A FACTOR FOR INFORMATION ABOUT WHO SHOULD BE IN OR SHOULD BE OUT OF JAIL.
THE REALITY OF THE SITUATION IS THAT IT IS AN AFFORDABLE PRACTICE?
WAIT PRICKLY, IT HAS VERY CLOSE TIES TO SLAVERY, WHERE WE ARE PUTTING DOLLAR AMOUNTS ON PEOPLE'S FREEDOM .
WE ARE VERY EXCITED THAT WE'RE MOVING TO A NEW PROCESS THAT DOESN'T ASK PEOPLE TO BUY THEIR WAY OUT OF FREEDOM OR THEIR MOTHERS OR GRANDMOTHERS OR DAUGHTERS OR CHURCHES TO BUY THEIR FREEDOM.
THEREFORE, TO ACTUALLY HAVE A DECENT SHOT AT RECEIVING ALL THE RIGHTS THAT WE ALL DESERVE , RESIDENTS OF THIS COUNTRY.
>> SO, WTTW NEWS OBTAINED DATA THAT SHOWED, AS OF SEPTEMBER 13th, 835 PEOPLE ARE BEING HELD IN COOK COUNTY JAIL ON NOTHING MORE THAN AN UNPAID CASH BAIL.
NO OTHER CONDITIONS OR HOLDS.
49% OF THEM, LESS THAN $5000 IS OWED LESS THAN $5000 FOR 49%.
85% OF BETWEEN $25,000 AND $30,000.
13% OF BETWEEN $30,000 IN $100,000.
ANOTHER 13% OH MORE THAN $100,000.
MITCHELL, HOW HAVE YOU BEEN HANDLING THE HEARING ARRESTS FOR PEOPLE ALREADY IN CUSTODY?
>> FOR THE LAST 2 1/2 YEARS, WE'VE BEEN MARKETING FOR PREPARATION FOR THE PRETRIAL FAIRNESS ACT.
WHAT THIS MEANS IS STAFFING UP , WE'VE EDITED A NUMBER OF POSITIONS AND ADDITIONAL TRAINING FOR THE LAST TWO AND HALF YEARS , MORE STUDENT TRAININGS WITHIN OUR OFFICE, WE HAVE HAD OVER A DOZEN HOURS OF TRAINING FOR OUR ATTORNEYS , AND WHEN IT COMES TO ACTUALLY MAKING DECISIONS ON THESE HEARINGS, INDIVIDUALS WILL BE WORKING WITH THEIR INDIVIDUAL ATTORNEYS AND CREATE A GAME PLAN TO CREATE CONVERSATIONS ON WHETHER MOTIONS WILL BE FILED OR WANT BE FILED.
THEY WILL ACTUALLY HAVE DECISIONS TO BE MADE , BUT THOSE WILL BE HAPPENING INDIVIDUALLY WITH THEIR ATTORNEYS.
>> A 2020 FEDERAL CIVIL RIGHTS REPORT FOUND THAT COURTS TEND TO IMPOSE HIGHER PRETRIAL DECISIONS ON BLACK AND LATINO PEOPLE, CITING A STUDY THAT SHOWED BLACKMAN RECEIVED BAIL AMOUNTS 35% HIGHER THAN WAITMAN.
IS THE AMOUNT SET FOR BAIL THAT A JUDGE IMPOSES ARBITRARY OR HOW REALISTIC IS IT, SHARONE?
>> TO BE HONEST, THE SITUATION, WE HAVE A NUMBER OUT OF THE HEARING THAT LASTS A COUPLE OF MINUTES.
THE IDEAL MAY BE AFFECTED OR MAY BE BASED UPON $5000 OR $10,000 OR $25,000, REALLY, WE'RE JUST POINTING OUT NUMBERS -- I WANT TO SAY, PULLING THEM OUT OF A HAT, BUT IF IT IS SOMETHING CLOSE TO THAT -- THAT'S WHY WE ARE SO HAPPY TO PROVIDE A LOT OF BENEFITS.
I THINK ONE OF THOSE BENEFITS, ALONG WITH SAVING PEOPLE MONEY, IS A CLEAR CONVERSATION ABOUT WHO SHOULD BE IN AND WHO SHOULD BE ON.
THINK ABOUT THE MONEY LOST, BUT ALSO, IT INCLUDES A TON OF CHANGES FOR THE HIRING AND DECISION-MAKING PROCESS.
THE LAWS THAT EXISTS NOW ARE CONFUSING, CONFLICTING, AND THEY ARE JUST KIND OF A PATCHWORK OF LAWS BUILT OVER DECADES, AND DECADES, AND DECADES.
THIS NEEDS A FACELIFT.
ALTHOUGH, IT IS A MAJOR CHANGE, CERTAINLY, IT TAKES TIME TO GET USED TO.
WE BELIEVE THAT WE ARE IN A BETTER PLATFORM, IN A BETTER POSITION .
>> AMADU GERMAIN, YOUR ORGANIZATION HAS FOUND THAT CASH DISTRIBUTION HAS HAD A DISPROPORTIONATE IMPACT WITH CASH BILLS ON AREAS OF COLOR.
WHAT ARE YOU DOING ABOUT THIS?
>> CERTAINLY.
THE USE OF MONEY AS AN UNFORTUNATE ADVERSE AND DISPROPORTIONATE IMPACT ON COMMUNITY IS OF LOW INCOME.
IT JUST HAPPENS TO BE THAT BLACK AND BROWN COMMUNITY STAND TO BE MOST LIKELY TO BE THOSE THAT ARE LOW INCOME.
SO, WE ARE EXCITED ABOUT THE FACT THAT WE'LL BE MOVING AWAY FROM THAT SYSTEM, BECAUSE HE REALLY HAS TAKEN A TOLL ON OUR PUBLIC DEFENDERS.
AS WE STATED EARLIER, PRIMARILY ON BLACK WOMEN, BROWN WOMEN, WHO ARE PAYING THE CASH BAIL AND PUTTING UP THE POSTED BOND FOR PEOPLE TO BE RELEASED.
MOVING AWAY FROM THAT SYSTEM, AND MOVING TOWARDS ONE TO REALLY FOCUSES ON A CASE-BY-CASE ASSESSMENT IN THOSE INDIVIDUAL HEARINGS FOR THE PUBLIC DEFENDERS, AS THEY JUST MENTIONED, IS NOT SOMETHING THAT IS CRITICALLY IMPORTANT IF WE'RE GOING TO TRY TO RESTORE TRUST IN OUR CRIMINAL LEGAL SYSTEM, WHICH A LOT OF IT WAS LOST IN OUR SYSTEM, ESPECIALLY WITHIN BLACK AND BROWN COMMUNITY'S.
WITH THAT TRUST, I THINK WE CAN MOVE TOWARD THE MORE JUSTICE SYSTEM, WHICH WILL ALSO MOVE US TOWARDS A SAFER UNITY.
>> OPPONENTS OF THE LAW HAVE SAID BAIL EXISTS AS A WAY TO ENSURE THAT PEOPLE WILL SHOW UP TO THE CHORDATES.
THEY ARGUE THAT WITHOUT BAIL, FEWER WILL SHOW UP.
OTHER STATES LIKE NEW JERSEY AND KENTUCKY HAVE ALREADY PLUMMETED SOME SORT OF CASH BAIL REFORM, THE ILLINOIS IS THE MOST COMPLETE.
AMADOU, WHAT ELSE HAS THE DATA SHOWN?
>> FOR SURE.
I WAS SAY, IN RESPONSE TO THOSE OPPONENTS AND CRITICS OF THIS REFORM , FOR YEARS IN COOK COUNTY NOW, WE HAVE HAD TEXT MESSAGE REMINDERS FOR INDIVIDUALS.
A FEW YEARS AGO, WE STARTED A GENERAL ALERT THAT STARTED TO MOVE US TOWARDS A SYSTEM THAT RELIES MUCH LESS ON CASTEEL -- CASH BAIL AS A SYSTEM OF RELIEF.
PRICKLY, THE THREAT OF LOSING ONE'S FREEDOM IS MORE THAN SUFFICIENT TO BRING PEOPLE BACK INTO COURT AND TO SHOW UP IN POTENTIAL AREAS.
>> PASTOR STRAIT, YOU HAVE BEEN PUSHING FOR WAYS TO GET THROUGH BARRIERS THAT PREVENT PEOPLE FROM SHOWING UP TO COURT, LIKE TRANSIT FOR EXAMPLE.
WHAT ELSE CAN BE DONE?
>> FIRST OF ALL, LET ME SAY, THERE'S A LOT OF WORK TO DO.
BUT WE DON'T SHY AWAY FROM PROBLEMS THAT ARE THIS BIG WE HAVE A LOT TO WAY THAT WE CAN IMPLEMENT SAFETY NETS TO MAKE SURE THAT PEOPLE SHOW UP FOR THEIR COURT DATE.CASH BAIL WAS NEVER THE ANSWER, BECAUSE IT CREATE MORE PROBLEMS THAN IT SOLVES.
WHEN A PERSON IS LOCKED UP WITH OUT THE ABILITY TO PAY THEIR BONDS , THEY LOSE THEIR HOUSE AND CHILDREN, LOSE THEIR JOBS, IT CAUSES WAY BIGGER PROBLEMS THAN SIMPLY TEXTING OR CALLING TO IMPLEMENT A SYSTEM AND GET PEOPLE INTO COURT .
SO, WE DON'T SHY AWAY FROM A PROBLEM SOMETHING BECAUSE IT REQUIRES US TO DO A LITTLE ADDITIONAL WORK IN ORDER TO MAKE IT WORK.
IN ILLINOIS, BECOME THE FIRST STATE TO LEAD THE NATION AND TO SHOW HOW WE CAN BE A COUNTRY THAT REALLY DOES HELP ITS CITIZENS INSTEAD OF UNFAIRLY TREAT POOR AND BLACK AND BROWN PEOPLE .
>> 15 SECONDS LEFT, PASTOR.
WHAT ARE YOU KEEPING AN EYE ON?
>> JUST TO MAKE SURE THAT, SINCE THIS IS THE LAW OF THE LAND, THE PEOPLE ARE LOOKING OUT AND DOING WHAT THEY'RE SUPPOSED TO DO.
CASH BAIL HAS ENDED, AND JUDGES ARE FAIR, AND THAT THE OPPONENTS WHO WOULD TRY AND CONTINUE TO PUT LIVES OUT THERE, TALK ABOUT HOW THE SYSTEM WILL CAUSE PROBLEM, MAYBE DON'T OVER TO THE WILL OF
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Chicago Tonight: Black Voices is a local public television program presented by WTTW