In another nod toward revamping Cook County’s cash bond system, prosecutors will begin to recommend that some people charged with minor offenses be released pending the resolution of their cases, the Cook County state’s attorney’s office announced Monday.
“Routinely detaining people accused of low-level offenses who have not yet been convicted of anything, simply because they are poor is not only unjust — it undermines the public’s confidence in the fairness of the system,” State’s Attorney Kim Foxx said in a statement that chastised the system’s “overreliance” on pre-trial detention.
After someone is charged with a crime, a judge decides whether the defendant should be released pending trial or required to pay a certain amount of money to get out of jail. In general, bonds are higher for more severe offenses, and in some cases, judges deny bond altogether.
Judges will still make the final decision about a defendant’s fate. But under the new policy, attorneys prosecuting people for misdemeanor and low-level felony charges will recommend to judges that the defendants be released if they do not have a history of violent crime or pose a risk to public safety.
Previously, prosecutors at most bond hearings would simply tell the judge the facts of their case against the defendant.
A spokesman for the Chicago Police Department said in an email that Superintendent Eddie Johnson “supports efforts to keep violent offenders behind bars but doesn’t think the system is working when nonviolent offenders spend more time in jail than those who use and carry illegal guns.”
The policy change is another sign of momentum for bail reform.
Cara Smith, chief policy officer for the Cook County sheriff’s office, in a statement praised the policy change and said it was “consistent with the systemic reforms we have been working towards.”
Critics of the cash bond system, including several prominent county policymakers, have said it unfairly punishes people who pose no risk of violence but cannot afford the money it would take to get them out of jail. That can exacerbate jail crowding on the taxpayer’s dime — a year’s stay in jail for an inmate is expected to cost about $60,000.
In addition, potentially violent defendants — like gang members — with easy access to cash can pay their bond and be back on the street. A Tribune analysis of five years of booking data at Cook County Jail recently found that the jail has become a revolving door for people who have been arrested multiple times on felony weapons charges, and who have little trouble posting bond with suspected gang money.
On Friday, Republican Gov. Bruce Rauner signed a law specifying that cash bail is not necessary for people charged with nonviolent misdemeanors or minor felonies. The Bail Reform Act also states that if a judge sets monetary bond for someone who is unable to come up with the money, a rehearing on the bail must be held within seven days.
In addition, earlier this year, Foxx’s office announced that prosecutors would no longer oppose the release of some detainees held in jail on nonviolent offenses simply because they cannot afford to pay cash bonds of up to $1,000 at a time.
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