Chicago Tonight: Black Voices
Kim Foxx on the Elimination of Cash Bail
Clip: 11/1/2023 | 9m 14sVideo has Closed Captions
It's been more than a month since Illinois became the first state to eliminate cash bail.
In the month since Illinois eliminated cash bail, 649 detention hearings were requested in Cook County. Requests were granted in 60% of those cases.
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Chicago Tonight: Black Voices is a local public television program presented by WTTW
Chicago Tonight: Black Voices
Kim Foxx on the Elimination of Cash Bail
Clip: 11/1/2023 | 9m 14sVideo has Closed Captions
In the month since Illinois eliminated cash bail, 649 detention hearings were requested in Cook County. Requests were granted in 60% of those cases.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorshipBEEN MORE THAN A MONTH SINCE ILLINOIS BECAME THE FIRST STATE TO ELIMINATE CASH BAIL ENTIRELY, ACCORDING TO THE COOK COUNTY STATE'S ATTORNEY'S OFFICE, A TOTAL OF 649 DETENTION HEARINGS WERE REQUESTED IN THE FIRST MONTH WITH THE TENSION BEING GRANTED IN 60% OF THOSE CASES.
CASES INVOLVING MURDER, VEHICULAR HIJACKING AND ATTEMPTED MURDER HAD THE HIGHEST RATES OF DETENTION REQUESTS GRANTED AT 93 94 89% RESPECTIVELY.
MEANWHILE, ONLY 39% OF DOMESTIC BATTERY CASES WERE GRANTED DETENTION.
JOINING US NOW WITH MORE ON THE FIRST MONTH WITHOUT CASH.
BAIL IS COOK COUNTY STATE'S ATTORNEY KIM FOXX CAN WELCOME BACK.
THANK YOU FOR JOINING US.
OF COURSE, COULD HAVE BEEN ME.
SO IT'S BEEN MORE THAN A MONTH SINCE THE ELIMINATION OF CASH BAIL IN ILLINOIS.
WOULD YOU SAY IT'S MEETING INTENDED GOALS?
ABSOLUTELY.
THE INTENTION WAS TO MAKE SURE THAT PEOPLE WHO POSE A THREAT TO PUBLIC SAFETY WERE ABLE TO BE DETAINED AND PEOPLE WHO DIDN'T WERE RELEASED AND THE NUMBERS ARE TELLING US MURDER ATTEMPT, MURDER VEHICULAR HIJACKING.
>> THOSE PEOPLE ARE BEING DETAINED.
PRE-TRIAL AND WE'RE SEEING LESS PEOPLE WHO ARE IN THE JAIL FOR NONVIOLENT LOW-LEVEL OFFENSES.
SO COOK COUNTY'S JAIL ACCORDING TO YOUR NUMBERS AS WELL.
RECENTLY DIPPED BELOW 5,000 FOR ONLY THE SECOND TIME IN NEARLY 4 DECADES.
>> BUT WE ALSO KNOW THAT THAT DROP IN POPULATION IN COOK COUNTY, PREDATES THE LAW'S IMPLEMENTATION.
WHAT DO YOU ATTRIBUTE THAT TO?
YEAH.
I THINK JUDGES FOR PREPARING IN ANTICIPATION OF THE PRETRIAL FAIRNESS ACT GOING INTO PLACE.
SEPTEMBER 18TH.
>> AND SO WE'RE SEEING THOSE NUMBERS DIP.
AND THEN I THINK, AGAIN, WE'RE SEEING CASES WHERE PEOPLE WHO WERE NOT GOING TO BE DETAINED WERE NOT BEING HELPED.
AND SO THOSE NUMBERS, LOW-LEVEL NONVIOLENT OFFENSES, THOSE PEOPLE ARE NOT LANGUISHING FOR EVEN A DAY OR 2.
SO THAT'S WHY THAT DAILY POPULATION STAYING LOW.
WHAT HAS IT TAKEN FAR AS SORT OF GETTING USED TO IT FOR YOUR STAFF WITH REGARDS TO TRAINING SAME THING WITH THE REST OF THE CRIMINAL JUSTICE SYSTEM AND JUDGES.
AND IT'S SOME GOOD NEWS, TOO.
>> IT IS.
I MEAN, WE'VE BEEN PREPARING FOR ALMOST 18 MONTHS BEFORE THE IMPLEMENTATION HAPPENED.
I WILL SAY, THE PEOPLE OF COOK COUNTY SHOULD BE REALLY PROUD OF THE CORONATION COLLABORATION BETWEEN OUR OFFICE, THE PUBLIC DEFENDER, THE SHERIFF, THE JUDICIARY.
AND SO, YOU KNOW, THE FIRST WEEK SOMETHING SO MONUMENTAL YOU KNOW, WE KNEW WE WERE GOING TO SEE SOME ROUGH SPOTS.
BUT OVERALL, I THINK IT HAS BEEN RELATIVELY SEAMLESS GIVEN THE GRAVITY OF WHAT WE'RE DOING.
AS WE MENTIONED, A DOMESTIC VIOLENCE SURVIVOR ADVOCATES.
THEY HAVE SAID THAT THE PRETRIAL FAIRNESS ACT, WHAT SUPPORT SURVIVORS THROUGH VARIOUS MEANS NUMBERS FROM YOUR OFFICE DO SHOW THAT ONLY 39% OF THOSE FACING DOMESTIC VIOLENCE CHARGES WERE DETAINED SINCE DOMESTIC BATTERY IS OFTEN CONSIDERED A MISDEMEANOR.
IS THERE MORE THAT NEEDS TO BE DONE TO SUPPORT THOSE SURVIVORS?
YOU KNOW, I THINK WHAT WE ALSO HAVE TO KEEP IN MIND IS EVEN THOUGH THAT NUMBER IS RELATIVELY LOW COMPARED TO THE OTHER CASES, THOSE ARE MORE CASES OF DOMESTIC BATTERY.
PEOPLE BEING DETAINED THEM BEFORE.
SO HISTORICALLY, MOST OF THOSE BECAUSE THEY WERE CONSIDERED MISDEMEANORS, THOSE OR THOSE WHO ARE ACCUSED WERE ABLE TO GO WHILE POSTING BAIL.
AND SO WHILE IT PALES IN COMPARISON WITH THOSE OTHER CASES, IT IS A SIGNIFICANTLY HIGHER NUMBER OF PEOPLE WHO ARE BEING DETAINED, WHO ARE A THREAT TO SURVIVORS THAN BEFORE.
SO CERTAINLY WE WANT TO MAKE SURE THAT WHEN WE'RE FILING DETENTION HEARINGS THAT WE'RE DOING THAT ON BEHALF OF OUR SURVIVORS WHO ASKING FOR THEM AND DOING A GOOD JOB OF EDUCATING THE JUDGE AS TO WHY THAT PERSON POSES A THREAT TO THAT VICTIM INTO THE COMMUNITY.
WOULD YOU SAY THAT THE JUDGES ARE ARE TAKING THIS AS SERIOUSLY AND AND MAKING THE SAME WAY THE REST OF THE CRIMINAL JUSTICE SYSTEM HAS AND AGAIN, I THINK IT'S NEW, I THINK BECAUSE HISTORICALLY THESE ARE CASES THERE WERE CONSIDERED TO BE MISDEMEANORS OR LOW-LEVEL VIOLENCE AND THE JUDGES ARE ACCLIMATING.
AND SO WE'RE SEEING MORE PETITIONS BEING FILED ABOUT A 20% MORE A DOMESTIC VIOLENCE CASES THAT ARE COMING IN.
THEY'RE BEING ASKED FOR PEOPLE TO BE HELD.
AND SO I THINK WE'LL SEE A CORRELATION IN THE NUMBER OF THOSE PEOPLE BEING GOING FORWARD.
OF COURSE, THE LAW ALSO ALLOWS FOR PEOPLE WHO WERE CURRENTLY BEING HELD IN DETENTION TO REQUEST A FOR A REEXAMINATION.
>> WHAT IS THE STATUS OF THE DETENTION REVIEW REQUESTS FROM DETAINEES WHO ARE IN THE JAIL PRIOR TO ELIMINATION OF CASH CERTAINLY THAT'S UP TO THE PUBLIC DEFENDER'S OFFICE WHO REPRESENTS THE BULK OF THE DEFENDANTS IN THE JAIL.
WE ALSO HAVE OF THE PRIVATE BAR AND WE TAKE THEM ON A CASE-BY-CASE BASIS.
AND SO OUR ASSISTANCE ARE LOOKING AT THOSE REQUESTS SEEN IF THAT PERSON, WHAT IS THE CHARGE?
DO WE BELIEVE THEY POSE A THREAT TO PUBLIC SAFETY IN THOSE INSTANCES?
WILL TO SOMEONE BEING RELEASED.
BUT IT'S CASE BY CASE AND LARGELY WE'RE THE OF DEFENSE BAR PUBLIC DEFENDER BEING JUDICIOUS IN ASKING FOR THOSE HEARINGS.
SO WE'LL SEE.
BUT WE HAVE NOT SEEN WHAT PEOPLE THOUGHT WAS GOING TO BE A RUN ON PEOPLE ASKING TO BE RELEASED.
THAT HAS NOT COME TO PLAY WHAT DOES THIS LEGISLATION DOES OPPOSE ANY CHALLENGES THAT YOU HADN'T ANTICIPATED NEW REALIZATIONS THAT ARE LIKE, OH, WE HAVE TO FIX THIS NOW.
>> STILL EARLY TO AND CERTAINLY WE ARE PREPARED TO COURSE, CORRECT.
>> ANYTHING THAT IS IN ANY MAKING OUR COMMUNITIES LESS SAFE ARE POSING AN ONEROUS BURDEN ON A SURVIVOR'S.
WE CERTAINLY WANT TO ADDRESS.
BUT SO FAR, YOU KNOW, WE'RE MEETING REGULARLY.
WE'RE TALKING ABOUT STICKING POINT WHEN WE FIND THAT THERE ARE THINGS THAT NEED TO BE WE WE EXAMINED WE'RE PREPARED TO DO SO.
SOME ADVOCATES FOR PRETRIAL THE FOR THE ACTS THAT HAVE BEEN WARY, THAT JUDGES WOULD RATHER THAN, OF COURSE, THERE'S NO CASH BAIL THAT A LOT OF FOLKS WOULD END UP ON ELECTRONIC FOR THOSE FOLKS WHO WERE NOT BEING ABLE TO BE HELD >> IS YOUR OFFICE SEEING MUCH OF THAT?
IS IT'S STILL A CONCERN.
I'M CERTAIN THEY'RE GOING TO CONTINUE TO LOOK AT THAT.
BUT THAT HAS BEEN BORNE OUT IN ANY WAY AT THE NUMBERS HAVE REMAINED RELATIVELY STEADY IN MAY BE VERY SLIGHT DIP.
>> AND THE NUMBER OF PEOPLE ON ELECTRONIC MONITORING.
AND SO I THINK WE WERE GEARING UP IN ANTICIPATING THAT THAT MIGHT BE BE OFFSET.
IF YOU'RE NOT HELD IN CUSTODY, THEN THEY'LL PUT YOU ON A BRACELET.
BUT THE NUMBERS FAR HAVE NOT BORNE THAT OUT.
I THINK SOME PEOPLE WERE OFF ALSO CONCERNED THAT, YOU KNOW, PEOPLE WERE ABLE TO WALK FREE THAN THEY WOULD BACK OUT.
>> POTENTIALLY COMMITTING OTHER CRIMES.
HAVE OTHER FOLKS, YOU KNOW, HAVE YOU HAD TO PRESS MORE PEOPLE WHO WERE ALREADY AWAITING EDUCATION SO FAR THAT HAS BEEN BORNE OUT, MEANING KEEPING IN MIND, IT'S ONLY BEEN ABOUT 5 BUT WE'VE NOT SEEN AN UPTICK IN PEOPLE WHO ARE COMMITTING NEW CRIMES.
ARE PEOPLE NOT RETURNING TO THEIR COURT DATE?
AND SO I THINK THE FEAR-MONGERING THAT HAPPENED THIS BILL WENT INTO EFFECT OF THE JAILS.
WE'RE GOING TO BE EMPTIED AND PEOPLE ARE GOING TO BE RUNNING.
THE STREETS IS NOT BORNE OUT.
WHAT WE'VE SEEN IS THAT PEOPLE HAVE POSED A THREAT TO PUBLIC SAFETY ARE NOW BEING DETAINED AND AS THEY SHOULD AND THE PEOPLE WHO ARE NOT A THREAT ARE ALLOWED TO GO AND LIVE THEIR LIVES AND COME BACK AND BE HELD ACCOUNTABLE WITHOUT HAVING TO USE OUR RESOURCES GETTING A LITTLE BIT.
WE KNOW THAT ILLINOIS LEADS THE COUNTRY WITH THE MOST EXONERATIONS AND YOU DO IT HAD HAD AN EVENT ON THIS EARLIER THIS MONTH EARLIER IN OCTOBER.
I SHOULD SAY.
>> DATA SHOWS THAT THAT, YOU KNOW, THE STATE STILL HAS A VERY HIGH FALSE CONFESSION RATE.
THERE'S BEEN SOME YOU KNOW, FROM ADVOCATES OF FOLKS WHO ARE HANDLING SOME OF THOSE OLD WRONGFUL CONVICTION TRIALS THAT SOMETIMES YOUR OFFICE MOVES A BIT SLOWLY AND GETTING BACK TO IN IN IN COURT CASES.
WHAT WOULD YOU SAY YOUR OFFICE IS DOING TO SPEED THOSE CASES UP?
YEAH.
I WAS SENDING REMIND FOLKS THAT FOR THE LAST 5 YEARS OUT OF OUT OF 6, ILLINOIS HAS LED THE COUNTRY IN THE VACATING OF WRONGFUL CONVICTIONS.
>> LARGELY BY THE WORK OF OUR OFFICE.
AND WE HAVE, AS YOU SAID, WE HAVE A LONG STORIED HISTORY WITH LAWFUL CONVICTIONS AND REEXAMINING THESE REQUIRES METICULOUS ATTENTION.
AND SO IT IS SLOWER BECAUSE SOMETIMES WE'RE TALKING ABOUT CASES THAT ARE 10, 15, 2030, YEARS OLD AND REQUIRE A DUE BECAUSE IN MANY INSTANCES WE'RE TALKING ABOUT CASES OF MURDER.
AND THERE'S A VICTIM'S FAMILY WHO WANTS TO MAKE SURE THAT WHEN WE SAY WE GOT IT WRONG, FACT, GOT IT WRONG.
AND SO WE ARE PEOPLE TO THOSE ROLES TO THE CONVICTION INTEGRITY UNIT TO OUR POST CONVICTION UNIT, A ROTATING PEOPLE IN AND OUT TO GET FRESH PERSPECTIVES ON THAT.
BUT MAKING SURE THAT WE DO OUR DUE DILIGENCE, WE WANT TO BE EXPEDITIOUS, BUT WE CERTAINLY WANT TO BE DILIGENT IN OUR IT'S BEEN A FEW MONTHS MAYOR JOHNSON HAS TAKEN OFFICE AND A FEW SINCE A SUPERINTENDENT OF CHICAGO POLICE DEPARTMENT, LARRY SNELLING HAS BEEN IN HIS JOB.
>> HOW WOULD YOU COMPARE WORKING TO THESE 2 DIFFERENT YOU KNOW, FORMER MAYOR LIGHTFOOT AND FORMER POLICE SUPERINTENDENT DAVID BROWN.
YOU KNOW, MAYOR JOHNSON IS APPRECIATIVE THAT WE HAVE TO HAVE A HOLISTIC APPROACH TO DEALING WITH CRIME IN OUR COMMUNITIES THAT WE NEED TO DEAL INCIDENTS AS THEY HAPPEN.
BUT WE ALSO NEED TO INVEST YOU KNOW, THE ROOT CAUSES OF VIOLENT CRIME AND THAT NARRATIVE, THAT CONVERSATION IS ONGOING.
>> AND I BELIEVE HIM WHEN HE SAYS THAT HE'S PUTTING THE WHOLE OF GOVERNMENT TO ADDRESS VIOLENCE IN OUR COMMUNITIES.
AND SUPERINTENDENT SNELLING.
I FIND BECAUSE HE HAS A HISTORY OF HAVING WORKED IN FOR DECADES THAT HE UNDERSTANDS THE COMMUNITIES IN WHICH HE SERVED.
HE COMES FROM THE INGLEWOOD COMMUNITY HAS A DEPTH OF UNDERSTANDING OF THE CHALLENGES BOTH EXTERNALLY AND WITHIN CPD.
THAT DIFFERENT.
THEN A SUPERINTENDENT WHO COMES FROM A DIFFERENT PLACE.
AND SO SO FAR IT HAS BEEN AND I ANTICIPATE WILL BE ONGOING,
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Chicago Tonight: Black Voices is a local public television program presented by WTTW