Have you heard? “The Purge” is coming. No,
actually it’s not. But the midterm elections are coming in less than
two months, which has led to a viral snowstorm of misinformation online
and in fake newspaper handouts about a bill signed by Gov. J.B. Pritzker
that ends cash bail.
“Chicago
is living ‘The Purge,’” Pritzker’s Republican challenger, Darren
Bailey, told reporters last week, referencing a horror movie franchise
in which a dystopian America celebrates a national holiday that
legalizes all crime for 12 hours.
Bailey
is a state senator and prosperous farmer from downstate Xenia who
recently rented an apartment in the John Hancock Building to “immerse”
himself in the culture of urban life. “With his SAFE-T Act,” Bailey
continued, “J.B. is set to unleash the purge in neighborhoods all over
Illinois as of Jan. 1.”
Hardly.
We found much of the 700-page Safety, Accountability, Fairness and
Equity-Today law, known as the SAFE-T Act, to be laudable and worth
pursuing, despite the questionable speed and lack of transparency with
which the bill was rushed to passage, partly in the dead of night in the
waning hours of the early 2021 state legislative session.
Its
most contentious section is the Pretrial Fairness Act, which eliminates
cash bail in all pretrial release decisions. It is scheduled to take
effect on Jan. 1, 2023.
The
legislature’s Black Caucus authored the ban on cash bail because too
many defendants awaiting trial are kept behind bars not because they
pose an apparent flight risk or danger to the community, but simply
because they can’t afford to make bail.
Justice
if you can afford it? That’s not how our system is supposed to work,
even though in many cases that tends to be the grim reality.
Mounting
episodes of such unequal treatmentalso serve to undermine citizens’
faith in the justice system and their willingness to cooperate with law
enforcement, ironically in communities struggling with rising violent
crime.
The
SAFE-T Act aims to reverse those perceptions in sweeping measures,
including major changes in police training policies, police
accountability, transparency in policing and the rights of detainees and
prisoners.
But
the benefits of these and other provisions of the bill are more
obvious in some cases than others. Law enforcement agencies and
prosecutorial associations sounded alarms, which is not surprising.
Major changes to an arena as vast and complex as the criminal justice
system were shoved through the legislature with little debate at the end
of a legislative session — during a pandemic, no less.
Nevertheless, the worst-case scenarios spread online are essentially myths or, at best, misleading exaggerations.
For
example, all murder suspects will not be released from county jails on
New Year’s Day and the law will not defund the police.
Nor
does the act make some violent crimes, including murder and homicide,
“non-detainable offenses” prior to trial, which would allow violent
criminals to be released without bail.
In
fact, pretrial release still can be denied by a judge when a defendant
poses a flight risk or a “specific, real and present threat to any
person in the community.”
Significantly,
pretrial release cannot occur until a judge considers the severity of
the case. That’s how the system works now, except for those who continue
to be held simply because they cannot afford to make bail.
Some
other areas call for further examination and debate. Illinois House GOP
Leader Jim Durkin of Western Springs complained that defendants will be
able to compel a victim to appear at a detention hearing, a proceeding
that will replace a traditional bond hearing.
He
reasonably questions what purpose it would serve to force, for example,
a victim of a beating or a child who has been sexually assaulted to
appear at a detention hearing.
After
he raised that question at a news conference, the Chicago Alliance
Against Sexual Exploitation fired back over Twitter, citing an excerpt
of the statute to argue that the Pretrial Fairness Act actually makes it
more difficult for defense attorneys to call victims to the witness
stand.
That’s only one of many controversial provisions that, while serving a useful purpose, cry out for clarity.
Bailey
and some of his Republican colleagues have called for repealing the
bill, which is not likely to happen, given the current Democratic
control of the governor’s office and the General Assembly.
But
Democrats have just as much of an interest in tweaking this legislation
to clarify gray areas. The SAFE-T Act represents important reform, but
it only works if its provisions are crystal-clear and firewalled from
misinterpretation.