Living in St. Louis keeps Missouri residents close to Illinois. A quick jump over one of the bridges across the Mississippi puts you in a very different state with very different rules. In Illinois, marijuana is legal recreationally, and right over the bridge, you can hit a dispensary immediately after entering the state. Gas prices and cigarette taxes are much higher on the east side of the river, and Illinois residents have very different gun laws.
As of January 1, 2023, Illinois will be the first state in the U.S. to abolish cash bail altogether. Supporters of The Safe-T Act claim the new law will make the criminal justice system a more even playing field for Black, Latino, and minority residents.
Many law enforcement officials and politicians are warning of significant safety concerns for the general public in a state where law-abiding residents must follow some of the strictest gun laws in the nation.
The new law will:
- Restrict who police can arrest
- Increase probation eligibility for drug convictions.
- Abolish cash bail for almost every offense.
In an Orland Park Village press release, Illinois Mayor Pekau described a situation where police have little control over criminals,
"Someone could decide to live in your shed, and all we could do is give them a ticket." --Mayor Pekau, Orland Park Village, Il
According to the press release, abolishing cash bail will affect the offenses of:
- kidnapping
- armed robbery
- second-degree murder
- drug-induced homicide
- aggravated DUI
- threatening a public official
- aggravated fleeing and eluding
According to Pekau, although people can be detained if they deem a proven threat to another person, it doesn't work if the suspect has already murdered someone and the victim is no longer alive. In this case, Mayor Pekau claims murderers will be released into Illinois under the new law.
The Mayor also voiced his concern over a bill in the Illinois House currently aimed to remove resource officers from all Illinois schools. When stating the danger of the bill, Pekau used Chicago as an example,
"I personally do not want to see the city of Chicago become the standard for how we conduct public safety because they have abandoned their police officers, abandoned their residents, and created a war zone full of criminals. It's like they won't stop until they destroy our communities and our society; we all need to take a stand against this; this is a very dangerous bill." --Mayor Pekau, Orland Park Village, Il
The bill removes a Judge's power to issue warrants and replaces it with not one but two requests via court order asking a defendant to appear in court.
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The new law will not only affect new crimes committed but will also release hundreds of people held in Illinois jails awaiting trial for crimes such as:
- aggravated battery
- robbery
- burglary
- hate crimes
- aggravated DUIs
- vehicular homicides
- drug-induced homicides
- all drug offenses, including delivery of fentanyl and trafficking cases
The upcoming changes in 2023 have people in an uproar, and many citizens on social media call it "The Purge," referring to a movie where one day a year, you are legally allowed to commit any crime without repercussion, including murder and rape.
In Missouri, bail reform came in July 2019 through a Missouri Supreme Court ruling known as Missouri Bond Reform.
Missouri's Supreme Court was tasked with the job of interpreting what the law reads regarding bail and punishment,
"That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."
One concern of the courts was the rising inmate population stuck in jail due to money issues and the jails becoming "debtors prisons," locking people up over small fines they could not pay.
Although Missouri's laws are not as lax as the new Illinois law scheduled for January, law enforcement officials are unhappy with the results. Police refer to it as the catch and release program and claim time limits imposed don't work.
The 48-hour limitations make it impossible to assess how dangerous someone is before releasing them back into society, citing increased risk to public safety.
Missouri's bail reform lets the Judge decide. The decision comes after reviewing the evidence presented by police and prosecutors.
Police and prosecutors must show that "the defendant poses a danger to a crime victim, the community, or any person." The Judge presiding over a case will make a decision based on this information and then impose one of three options:
- increase the amount of bail
- deny bail entirely
- impose special conditions
According to law enforcement, they only have 48 hours to gather evidence, and it's not enough time, and they are releasing people who continue to commit crimes and will until they make it through the system.
Unfortunately, the court "system" can sometimes take years. Legislators are concerned that the system is not working and say criminals are reoffending and have no intention of standing before a judge.
According to The Marshall Project, the changes imposed are showing positive results.
"The St. Louis County Jail now has about 850 pretrial detainees. The new pretrial release program has enrolled and provided community support to about 325 people. About 25 percent failed to complete the program, nearly all for not appearing for a court date. Fewer than five percent committed a new crime on release, and none was terminated for committing a violent felony." --The Marshall Project
In 2021 ArchCity Defenders claim instead of unobtainable bail, courts denied bail altogether,
"We have certainly seen fewer people held on cash bail, but at the same time, many more held on no bond allowed. It's a classic case of the system recalibrating and in some ways achieving many of the same results." --Blake Strode, Executive Director of Civil Rights Law Firm ArchCity Defenders.
What do you think of Missouri's bail reform and the new "no cash bail system" in Illinois in 2023?
Change comes from involvement, and involvement is easier than you think.
Click this link to email your senator and tell them how you feel about Missouri bail reform.
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Click below to read part 1 of my 8-part series: