End Of Cash Bail Praised By Lake County's Top Prosecutor

WAUKEGAN, IL — Lake County State's Attorney Eric Rinehart was one of the two chief county prosecutors in Illinois to appear at the signing ceremony Monday for the omnibus criminal law and police accountability bill, House Bill 3653.

HB 3653, a package of legislation sponsored by the Illinois Legislative Black Caucus, abolishes the use of money bail, mandates police body cameras, increases police training and mandates other reforms by creating five new acts and amending more than half a dozen others.

Supporters say it will make the criminal law system more fair and increase police accountability and transparency. Opponents have criticized its lack of support from organizations representing law enforcement and the manner of its passage.

Rinehart, who was sworn into office in December, and Cook County State's Attorney Kim Foxx were the only two of Illinois' 102 state prosecutors to publicly support the bill, which passed during last month's lame-duck session as the final act of the outgoing state legislature.

Representatives of the Illinois State's Attorney's Association did not respond to a request for comment after the bill was signed.

Speaking remotely at Monday's ceremony, Lake County's top prosecutor praised Gov. J.B. Pritzker and state lawmakers for "boldly proclaiming" the criminal law system "must do more" to protect the public.

"This bill makes everyone in Illinois safer and our courthouses fairer," Rinehart said. "Good and principled people now have the tools they need to fight systemic discrimination, to bring transparency and accountability to policing and to ensure that justice is determined by the merit of the matter, and not by race, gender or access to money."

The current bail system provides those with access to capital the opportunity to avoid pretrial detention, even if they are dangerous, according to Rinehart, who has noted non-monetary bail systems are already used in Illinois juvenile state courts and have been in place in federal courts for more than 35 years.

"Critical to my support for this bill is that these reforms better protect victims from their abusers, because judges are now empowered to end the turnstile that releases those who would use their wealth to evade jail. For this reason the most pre-eminent victims advocate groups support this reform," Rinehart said at Monday's ceremony.

The bill has the support of the Illinois Coalition Against Domestic Violence, the Chicago Alliance Against Sexual Exploitation and The Network: Advocating Against Domestic Violence, among other victims advocacy groups.

"We are finally ending the injustice of dangerous people buying their freedom, but we are also codifying what each of us know to be true: no one should be in jail simply because they are poor. Unjustly jailing those who pose no risk to the community creates a ripple effect, perpetuating cycles of poverty and crime," Rinehart said.

"Now, instead of turning questions of liberty and justice in ones of dollars and cents, judges will have to clearly state why they believe someone should be held or released," he added. "This transparency will take us inside a judge's reasoning and is critical in a system that has too long failed to live up the ideal of justice for all."

READ MORE: Pritzker Signs Bill Ending Cash Bail, Requiring Police Bodycams

HB 3653 also sets statewide standards for use of force, search warrants and arrest techniques and creates a new police decertification system.

The bill also requires police misconduct records permanently be retained, ends the practice of "prison gerrymandering" by counting state prisoners by their precinct of residence rather than imprisonment, and makes changes to sentencing laws and the victim's compensation system, according to the governor's office.

Ahead of the signing, Rinehart addressed some criticisms of the bill.

"There are many false statements on social media and beyond about the final version of this bill. These false claims by special interests and others do not serve the public interest and are only meant to protect those unwilling to make these necessary reforms," he said in his office's newsletter.

"This bill does not eliminate qualified immunity or limit collective bargaining, nor does it defund the police," Rinehart added. "I join the public in praising the service, courage, and sacrifice of our police officers. "

A joint statement from the Illinois Association of Chiefs of Police, the Illinois Sheriffs’ Association and several lodges of the Illinois Fraternal Order of Police described the bill as a "blatant move to punish an entire, honorable profession" and said it would harm law-abiding citizens.

"Because we are sworn to protect and serve the public, we sincerely hope that we will not be proven right about this new law, that it won’t cause police officers to leave the profession in droves and handcuff those who remain so they can’t stop crimes against people and property," the statement said. "Please don’t let us measure its dismal failure by the shattered lives it produces."

Republican leaders in the General Assembly issued statements criticizing the bill.

House GOP leader Jim Durkin, of Western Springs, suggested Pritzker did not understand the bill, which he described as an "insult to our first responders, law enforcement and the law-abiding citizens of Illinois who want to live free of violence and destruction from the criminal element."

Senate Minority Leader John Curran, of Downers Grove, portrayed the legislation as "hyper-partisan." He said fellow Senate Republicans intended to propose follow-up legislation to address some of the biggest concerns of local law enforcement groups.

“There are some positives in this legislation — specifically the changes that make it easier to reprimand and de-certify bad actors in law enforcement who have broken the public’s trust," Curran said in a statement after the signing. "Unfortunately, the negatives, which could have been further negotiated had the sponsors been open to bipartisan support, will undoubtedly make our communities less safe."

The changes to the state court bail system are scheduled to take effect in 2023. Municipalities and counties outside of Chicago with populations above 100,000 have until January 2023 to implement body-worn camera programs.

Towns with between 50,000 and 100,000 residents have until 2024, and those with less than 50,000 people — including all 25 Lake County law enforcement agencies that do not yet have bodycam systems — have until 2025, according to the bill.

Rinehart said he would support updates to the law that would allocate additional state funding to departments that cannot afford body cameras and was working with local police chiefs and lawmakers to lobby for revisions prior to implementation.