Pretrial reform isn't the problem.
Based on information publicly available in
data dashboards produced by the Office of the Cook County Chief Judge, several conclusions can be drawn about the pretrial release decisions made in Cook County bond court and the public safety outcomes associated with those pretrial releases. The dashboards do not, however, answer questions specific to only those defendants ordered to electronic monitoring in Cook County, but they do provide a general landscape for all defendants released pretrial. (Electronic monitoring is discussed further below.)
The following are a few key takeaways based on the most recent available data as of June 30, 2021:
- The majority of defendants appear for court and do not commit new crimes while on pretrial release. The dashboards show that 80.4% of people charged with felonies attend all of their scheduled court hearings and that 81.8% of those on pretrial release are not charged with new offenses while out on pretrial release.
- A very small percentage of criminal defendants commit new violent crimes while out on pretrial release. Of the 70,283 people charged with felonies and released pretrial between October 1, 2017 and June 30, 2021, 3.3% were charged with a new violent or person crime (murder, rape, robbery, aggravated assault, assault, battery, child neglect and other offenses against another person) while out on pretrial release.
- A larger percentage of criminal defendants commit non-violent crimes while on pretrial release. Approximately 15% of the 70,283 people charged with felonies and released pretrial between October 1, 2017 and June 30, 2021 were arrested for a new non-violent crime (drug, property, weapon possession and other charges) while out on release.
- The majority of people charged with violent crimes against another person are detained in jail, while only one quarter are ordered to electronic monitoring. As of June 30, 2021, 56.3% of the pretrial jail population (a total of 5,330 at that time) was charged with violent crimes. By comparison, 23.2% of the 3,491 people on electronic monitoring were charged with violent crimes. The majority of people on electronic monitoring were charged with non-violent weapon charges, most commonly unlawful possession of a firearm.
Another important takeaway comes from a report by Loyola University Chicago researchers—
Dollars and Sense in Cook County—that examined public safety outcomes before and after Cook County instituted pretrial reforms in fall of 2017. The reforms were aimed at reducing pretrial detention in Cook County Jail due to bond amounts that defendants were unable to pay. Through
General Order 18.8A, the Cook County Chief Judge directed bond court judges to maintain a presumption against requiring monetary bail in their release decisions, and to order the least restrictive conditions necessary to reasonably assure the appearance of the defendant a future court proceedings. The Chief Judge began publishing pretrial data following this policy change.
The Dollars and Sense study found that while the Cook County reforms led to an increase in the number of people released from bond court, they did not lead to any changes in Chicago crime rates. The research concluded that releasing more people pretrial as a result of bail reform had no effect on the level of new criminal activity committed by those released defendants: 17% of defendants out on release were charged with a new criminal offense both before and after the General Order; and 3% had a new violent criminal case filed both before and after implementation. The report also noted similar outcomes elsewhere: bail reforms in other jurisdictions including New Jersey, New York City and Philadelphia that led to more people being released from jail pretrial, but did not lead to increases in crime.
The majority of pretrial defendants are not charged with new crimes while on electronic monitoring. A
report by the Chicago Appleseed Center for Fair Courts found that 91% of people on electronic monitoring in Cook County between 2016 and 2020 were not re-arrested. Of the 9% who were re-arrested while on EM, 6.8% were for new crimes and approximately 2% were arrested for failing to appear in court, warrants or technical violations that do not constitute new crimes.
In less than a year from this writing, money will no longer be a factor in pretrial release decisions pertaining to defendants accused of committing crimes in Illinois.
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