(Ab0ve) Danville Police Chief Christopher Yates addresses the Danville City Council Public Services Committee at a 2022 meeting.
UPDATE: The Illinois Supreme Court on New Year’s Eve delayed any implementation at all of cashless bail across the state. Although it could have taken effect in Illinois counties not involved in the case Judge Thomas Cunnington ruled on (story below), the Supreme Court stated that “In order to maintain consistent pretrial procedures throughout Illinois, the effective date of the Pretrial Fairness Act….is stayed during the pendency of the appeal….and until further order of this court.”
Illinois Attorney General Kwame Raoul had already stated that an appeal of Judge Cunnington’s ruling to the Illinois Supreme Court is planned.
ORIGINAL STORY:
It was Wednesday of last week (Dec 28th) that Chief Judge of the 21st Judicial Circuit Thomas Cunnington ruled that the “Pre-Trial Fairness Act,” a new Safe-T act provision that had been scheduled to start New Year’s Day, was unconstitutional.
The main objection from the plaintiffs in the case, which included Vermilion County State’s Attorney Jacqueline Lacy, was the ending of cash bail statewide. They claimed this would have allowed numerous accused criminals, including those potentially dangerous, to avoid custody prior to trial.
Law enforcement personnel around the state, including Danville Police Chief Christopher Yates, believed that this was putting the public and crime victims in unnecessary danger. Yates had previously stated when speaking during a Danville City Council committee meeting that the hearings that would be required to keep accused criminals considered dangerous from going free could potentially create a major backlog; therefore keeping dangerous individuals on the streets until their hearings were held.
But the question remains, what happens now? While the governor and attorney general have indicated an appeal could be coming before the Illinois Supreme Court, Chief Yates says at least now there’s some time for everyone to relax; and hopefully, think a little more about this.
AUDIO: I’m definitely breathing easier to the fact that, “let’s slow down and look at this a little bit closer. And see exactly how this is going to affect communities, and particularly the parts of the community who are most vulnerable.”
Yates says some state legislators in favor of ending cash bail are lacking in their understanding of police work. He says the last thing police officers want is to not be able to use their knowledge and instincts to protect someone. Chief Yates says that’s what the loss of cash bail would do.
AUDIO: Put the handcuffs on the police in their ability to deescalate; and take people that are out of control out of an environment that could hurt someone else.
Since the general consensus seems to be that the judge’s ruling will only apply to counties that directly participated in the lawsuit, including Vermilion, you could now have a very confusing situation where some counties have cash bail and some don’t. Chief Yates says not only is consistency needed, but the “right kind of consistency.” Otherwise, criminals will be able to take advantage.
AUDIO: What happens when they go to another county, and all of a sudden they realize, “well things aren’t done the same here.” We need to be consistent, and I like to be consistent in favor of the victims rather than the perpetrators.
And it could be that an appeal to the State Supreme Court will be needed for consistency throughout the state, one way or another.
