Chicago Sun-Times

STEWING IN JAIL BECAUSE YOU’RE POOR IS WRONG

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People shouldn’t sit in jail awaiting trial for nonviolenc­e offenses just because they can’t scrape bail money together. By the time the trial rolls around, they may already have served more time behind bars than they would have served for a conviction. If they turn out to be innocent, there’s no way to give back that time.

Cook County Sheriff Tom Dart and County Board President Toni Preckwinkl­e, along with a number of county commission­ers, have been leading efforts to get judges to order lower bonds, electronic monitoring or more no- cash Ibonds, which allow defendants to stay out of jail while they await trial. But the complaints continue within the criminal justice system that too many judges unnecessar­ily order bail that is too high for some people to pay.

It’s time more judges got serious about lowering bonds. We understand no one on the bench wants to be the person who allows a suspect to return to the street— only to commit a serious crime. Butwe are not talking about major infraction­s here. In one case we’ve written about in the past, a 33- yearold manwas ordered held on $ 50,000 cash bail for possession of two Viagra pills. Should taxpayers foot the $ 143- a- day cost of jailing someone for such an offense?

Judges set bonds to ensure people show up for trial. If people don’t show up, they forfeit what they have paid. But judges have to be careful that some people without the means to pay aren’t kept in jail while others with more money and charged with the same types of crimes are released.

It doesn’t have to be that way. Cook County Commission­er John Fritchey notes that courts in New York City and Washington, D. C., release dramatical­ly more people on I- bonds without creating a problem; just as many people show up for court as Cook County does.

On Monday, Preckwinkl­e and four county commission­ers launched a newcampaig­n to make a significan­t dent in the amount of bail judges are requiring. They have scheduled a public hearing on Nov. 17 to dig into the issue.

Some reform efforts already are underway. Dart is pushing for legislatio­n that would allow his office to seek lower bonds for poor detainees. “Rocket Docket” legislatio­n he championed last year and earlier this year requires some low- level suspects with no recent violent crime conviction­s be tried within 30 days or released from jail on an I- bond or under electronic monitoring. A new risk- assessment system to help judges decide which suspects can be safely freed is in place.

But progress is slow. Last year, Cook County Jail had 1,024 “turnaround­s”— people who spent more time in jail awaiting trial than theywere sentenced to afterward. Most of the turnaround cases were for nonviolent crimes. The average person spent 2 ½ extra months in jail.

In July, the Sun- Times reported that Cook County judges routinely set bail for crime suspects at levels contrary to what the newrisk- assessment system calls for. Lastweek, two men, one of whom is represente­d by the MacArthur Justice Center, filed a class action lawsuit arguing “excessive” bail set by Cook County judges is unconstitu­tional.

In a statement Monday, Cook County Chief Judge Timothy Evans said the courts have made significan­t progress. More I- bonds and electronic monitoring orders have been issued and the average population at the jail has declined, he said.

That’s good. But Dart, Preckwinkl­e and others are correct thatwe can’t stop pushing until we have a system that treats poor people fairly.

 ?? | SUN- TIMES FILES ?? A detainee at Cook County Jail waits to be processed.
| SUN- TIMES FILES A detainee at Cook County Jail waits to be processed.

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