Bugle Newspapers 10-29-20

OCTOBeR 28 , 2 0 2 0 VOl . 6 5 i ss u e 1

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sTaTe

lawmakers push to reform state’s bail system

By RaymOn TROnCOsO Capital news illinois

Some state lawmakers are looking to reform the cash bail system in Illinois, mainly by ending the use of money bonds as a factor in preventing a suspect’s release.

State Sen. Robert Peters and state Rep. Justin Slaughter, both Chicago Democrats, will attempt to end the use of money bonds by sponsoring a forthcoming, yet-tobe-filed bill known as the Pretrial Fairness Act. In January, Gov. JB Pritzker put ending cash bail at the top of his administration’s criminal justice agenda for the year.

Bail is a set of conditions that can be set by the court that must be met in order to for a suspect to be released from custody before or after a conviction.

In Illinois, if a monetary bail is set, an individual in custody must pay 10 percent of the dollar amount set as a bond in order to be released. The state holds on to that 10 percent as collateral to encourage the defendant to return for their set court date. Failure to return on the set court date results in more legal penalties in addition to being responsible for paying the entire monetary bail set by the courts.

If the detainee cannot afford to pay that 10 percent bond, then they remain in custody until their trial date.

The majority of prisoners in Illinois are pretrial detainees, meaning they are imprisoned for crimes for which they have not been convicted. In the case of violent offenders, or detainees the courts determine pose a danger to the community, bail is denied entirely.

But for many Illinoisans caught in the justice system, being stuck behind bars despite being presumed innocent is the cost of economic disparity and being unable to post bond for release.

“I don’t know if there’s a more

obvious indicator that our society has a major issue with systemic injustices than the fact that a lack of pretrial fairness results in people staying locked up simply because they are poor,” Peters said in a news release. “There are many, many steps along the road toward winning real safety and justice, but the first is to abolish cash bail so that the rich don’t have a major advantage in our deeply flawed justice system.”

Peters said he is considering filing the bill for the upcoming fall veto session, but if he doesn’t think it has the necessary support to pass during the six-day session scheduled for Nov. 17-19 and Dec. 1-3, he would reintroduce it in 2021 during the regular session with a new General Assembly.

On Tuesday, the Senate Criminal Law Committee and the Special Committee on Public Safety

held a joint hearing, which Peters co-chaired, that brought in advocates, experts and detractors to testify regarding the proposition of ending cash bail.

The Coalition To End Money Bond, which has been lobbying for bail reform since 2016, partnered with Peters on multiple town halls and promotional materials to explain the Pretrial Fairness Act and garner support for its passage.

Malik Alim served as one of the Coalition’s witnesses at the hearing. “[Money bail] disproportionately affects Black communities,” Alim said. “A study from the University of California suggests that Black and brown people are more likely to be ordered to pay higher money bonds and given the real existence of the racial wealth gap those same people are less likely to bond out.”

That 2017 UCLA study found that in Los Angeles specifically, between 2012 and 2016, Black and Latina women disproportionately bore the financial cost of paying for bond. Of nearly $200 million paid for bail bonds over that period, $92.1 million was paid for by Latinos, $40.7 million by African Americans, and $37.9 million by white residents.

These numbers don’t translate directly to Illinois. Black Illinoisans, however, make up half of all jailed detainees, and about 60 percent of prison detainees, despite making up about 15 percent of the state’s population. According to the Illinois Criminal Justice Information Authority, about 90 percent of jailed individuals are pretrial detainees.

Witnesses from the coalition told lawmakers that the current system is wealth-based incarcera-

tion, and that a purely risk-based system would be more appropriate where only detainees determined to be potential risks can be held before their trial.

Wayne County Sheriff Mike Everett, testifying on behalf of the Illinois Sheriffs Association, provided an overview of concerns he said the Sheriffs Association and other law enforcement bodies had about ending cash bail. On the financial side, Everett said, falling budgets for agencies involved in the criminal justice system, unfunded mandates tied to imposed reforms, and a general loss of revenue for courts, law enforcement and victim services were all issues related to ending cash bail.

Everett likened cash bail to taxes, paying for a permit or applying for a license in that the cost of

see ‘RefORm’ page 9

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lOCal

edward-elmhurst health’s kid-friendly eRs are safe and ready to help It’s every parent’s nightmare: a child is sick or injured and a hospital visit may be in order.

While no parent wants to take their child to the hospital — especially during the COVID-19 pandemic — emergencies can’t wait.

Any delay in seeking emergency treatment can put a child at risk for more dangerous health consequences. Since it’s rare for children to become seriously ill with no warning, severe symptoms should never be taken lightly, especially since certain symptoms can worsen more quickly in children than adults.

When to go to the ER Anything that would have prompted a visit to the ER in the past should warrant a visit now.

A child may need emergency care when he/she is having trouble breathing, badly injured, unresponsive or unconscious. When it’s a life-threatening emergency, call 911 immediately.

Also, behavioral health emergencies in children are rising during the pandemic, so be on the lookout for warning signs, and seek help immediately.

When questions arise, a first point of contact is usually the child’s primary care doctor. Even if it’s after hours, the doctor on-call can help parents decide whether a trip to the ER is needed.

Parents shouldn’t let worries about COVID-19 exposure cloud their thinking if they believe their child needs medical care fast. In that case, the emergency room is the safest option. Plus, hospitals across the country have implemented strict safety practices to

prevent the spread of the virus.

Why it’s safe to go to the ER Edward-Elmhurst Health’s three fully-equipped Emergency Departments (EDs) — in Naperville, Elmhurst and Plainfield — provide specialized emergency care for children. There are numerous measures in place to keep everyone safe: • Visitor screening and restrictions. Before entering our EDs, all staff, patients and visitors are screened for a temperature great-

er than 100 degrees and masked.

While visitors are being restricted at all our sites, both parents may accompany children under 17.

• Strict cleaning and disinfecting. Edward-Elmhurst Health has employed extra staff who are specifically assigned to clean and sanitize our EDs on a frequent basis.

• Designated COVID-19 care areas. Edward-Elmhurst Health has implemented multiple safety measures to minimize risk of COVID-19 cross-contamination,

including placing suspected and known COVID-19 patients in designated areas in the ED, with critically ill patients placed in negative-pressure isolation rooms that have a separate airflow system and dedicated care teams.

• Universal masking. All visitors must wear a mask at all times.

Edward-Elmhurst Health ED staff wear personal protective equipment (PPE), including surgical masks, eyewear, gowns, gloves, etc., when interacting with pa-

tients.

• COVID-19 patient testing prior to procedures. COVID-19 testing is available at nine convenient Edward-Elmhurst Health outpatient lab locations for patients with a physician’s order. In the ED, COVID-19 testing is taking place for patients with COVID-19 symptoms or prior to certain procedures.

• Advanced triage system to

see ‘eR’ page 9

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OBiTuaRy fRaZieR Donna Lee Frazier, nee Marr, age 80, a longtime resident of Plainfield, IL, formerly of Chicago, IL, passed away peacefully in her sleep Tuesday, October 6, 2020 in Springfield, IL. She was born September 29, 1940 in Chicago.

Loving mother of Bob (Mary Faluso), Nancy (the late Marty) Keniley, Joanne (Larry) Hutchisson, Glenn (Kathryn), and Greg (Jen); adored grandmother of Noah and Shane Keniley, Jonathan Frazier, Christian, Taylor, Jordan, and Hunter Hutchisson, and Hannah, Jason, and Kara Frazier; cherished sister of Marilyn (Joe DeKiel) Mueller, Barb (the late Carmen “Bud�) Picone and Bill Marr; dear sister-in-law of Frank Mandarino, Edward Earl Frazier, and Jim Frazier; fond cousin, aunt, greataunt and friend of many. She is preceded in death by her parents, William and Edith Marr, son Michael Frazier, and sister Patricia Rae Marr.

Donna was a dedicated mother and volunteer of St. Mary Immaculate School and Church in Plainfield and supported and taught several 4-H classes to kids. Donna was also a long-time employee of Ball/Kerr Glass in Plainfield. She also taught reading to inmates in Joliet Juvenile Detention Center and worked with developmentally challenged adults in Shorewood.

She never passed up the opportunity to talk to people, whether she knew them or not. She loved horseback riding, reading mystery novels, the Chicago Cubs, and garage sales. Above all, though, she loved her children

and grandchildren and treasured being able to see them grow into the people they became.

She will be dearly missed by all.

Cremation rites have been performed. Due to COVID-19, a celebration of life will be held at a later date.

In lieu of flowers, memorials may be sent to either of these charities: Ready Set Ride Therapeutic Recreation Facility, P.O. Box 1113, Plainfield, Illinois 60544-1113, http://www.readysetride.org/donate/ or ProLiteracy Development, 101 Wyoming St., Syracuse, NY 13204, https://proliteracy.org/Donate Overman-Jones Funeral Home & Cremation Services, Plainfield was entrusted with arrangements. For information please call 815/436-9221 or visit www.overmanjones.com

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50-plus

help isolated loved ones this holiday season Some state lawmakers are looking to reform the cash bail system in Illinois, mainly by ending the use of money bonds as a factor in preventing a suspect’s release.

State Sen. Robert Peters and state Rep. Justin Slaughter, both Chicago Democrats, will attempt to end the use of money bonds by sponsoring a forthcoming, yet-tobe-filed bill known as the Pretrial Fairness Act. In January, Gov. JB Pritzker put ending cash bail at the top of his administration’s criminal justice agenda for the year.

Bail is a set of conditions that can be set by the court that must be met in order to for a suspect to be released from custody before or after a conviction.

In Illinois, if a monetary bail is set, an individual in custody must pay 10 percent of the dollar amount set as a bond in order to be released. The state holds on to that 10 percent as collateral to encourage the defendant to return for their set court date. Failure to return on the set court date results

in more legal penalties in addition to being responsible for paying the entire monetary bail set by the courts.

If the detainee cannot afford to pay that 10 percent bond, then they remain in custody until their trial date.

The majority of prisoners in Illinois are pretrial detainees, meaning they are imprisoned for crimes for which they have not been convicted. In the case of violent offenders, or detainees the courts determine pose a danger to the community, bail is denied entirely.

But for many Illinoisans caught in the justice system, being stuck behind bars despite being presumed innocent is the cost of economic disparity and being unable to post bond for release.

“I don’t know if there’s a more obvious indicator that our society has a major issue with systemic injustices than the fact that a lack of pretrial fairness results in people staying locked up simply because

see ‘help ’ page 7

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50-plus ‘help ’ fROm page 6 they are poor,” Peters said in a news release. “There are many, many steps along the road toward winning real safety and justice, but the first is to abolish cash bail so that the rich don’t have a major advantage in our deeply flawed justice system.”

Peters said he is considering filing the bill for the upcoming fall veto session, but if he doesn’t think it has the necessary support to pass during the six-day session scheduled for Nov. 17-19 and Dec. 1-3, he would reintroduce it in 2021 during the regular session with a new General Assembly.

On Tuesday, the Senate Criminal Law Committee and the Special Committee on Public Safety held a joint hearing, which Peters co-chaired, that brought in advocates, experts and detractors to testify regarding the proposition of ending cash bail.

The Coalition To End Money Bond, which has been lobbying for bail reform since 2016, partnered with Peters on multiple town halls and promotional materials to explain the Pretrial Fairness Act and garner support for its passage.

Malik Alim served as one of the Coalition’s witnesses at the hearing. “[Money bail] disproportionately affects Black communities,” Alim said. “A study from the University of California suggests that Black and brown people are more likely to be ordered to pay higher money bonds and given the real existence of the racial wealth gap those same people are less likely to bond out.”

That 2017 UCLA study found

that in Los Angeles specifically, between 2012 and 2016, Black and Latina women disproportionately bore the financial cost of paying for bond. Of nearly $200 million paid for bail bonds over that period, $92.1 million was paid for by Latinos, $40.7 million by African Americans, and $37.9 million by white residents.

These numbers don’t translate directly to Illinois. Black Illinoisans, however, make up half of all jailed detainees, and about 60 percent of prison detainees, despite making up about 15 percent of the state’s population. According to the Illinois Criminal Justice Information Authority, about 90 percent of jailed individuals are pretrial detainees.

Witnesses from the coalition told lawmakers that the current system is wealth-based incarceration, and that a purely risk-based system would be more appropriate where only detainees determined to be potential risks can be held before their trial.

Wayne County Sheriff Mike Everett, testifying on behalf of the Illinois Sheriffs Association, provided an overview of concerns he said the Sheriffs Association and other law enforcement bodies had about ending cash bail. On the financial side, Everett said, falling budgets for agencies involved in the criminal justice system, unfunded mandates tied to imposed reforms, and a general loss of revenue for courts, law enforcement and victim services were all issues related to ending cash bail.

Everett likened cash bail to taxes, paying for a permit or applying for a license in that the cost of

Legal Notices

WEDNEsday, OCTOBER 28, 2020 | PAGE 8

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‘ER’ from page 4 limit exposure. Patient registration is being done remotely and the ED waiting areas are monitored by triage team leaders who help ensure social distancing.

Before and during COVID-19, Edward Hospital in Naperville and Elmhurst Hospital have earned national recognition in patient safety and quality. Open aroundthe-clock, their kid-friendly Emergency Departments provide streamlined care focused on the unique needs of children.

Edward-Elmhurst Health EDs are staffed by emergency medicine doctors and nurses trained in pediatric and trauma care and pediatric advanced life support. Our EDs

‘refor m’ fro m page 3 those actions and penalties help fund and sustain the system in charge of them.

“I’m not here to tell you we believe that the system should create financial constraints that are unachievable for people,” Everett said. “But we do believe that there needs to be some form of accountability and we would argue a financial system helps support that accountability.”

Everett also said that without cash bail, it could lead to more suspects missing their set court date and make Illinois communities less safe.

Marcia Meis, director of the Administrative Office of the Illinois Courts, cited the Illinois Supreme Court’s commission on pretrial practices during her testimony at the hearing. That commission published its final report in April, which offered 54 recommendations for reforming the pretrial system to remove inequities and improve outcomes, as the current system is often discriminatory and does not follow the intent of the policies behind it.

have kid-friendly waiting areas and familyfriendly rooms that are designed to put children at ease, along with child-sized equipment designed for their sizes, shapes and needs. Child life specialists are also available to help younger patients relax and prepare for treatment.

Edward Hospital and Elmhurst Hospital Emergency Departments are recognized as an Emergency Department Approved for Pediatrics. Edward Hospital is one of only 10 Pediatric Critical Care Centers in Illinois offering a Pediatric Intensive Care Unit for children who need critical care, and pediatric-trained transport teams are available at Elmhurst Hospital ED and Plainfield ED.

Meis said the commission found the Illinois Supreme Court and the Illinois General Assembly “should implement rules and statutes to reflect the evolving goals of pretrial justice and resolve internal conflicts within the statutes that are inconsistent with the presumption that conditions of release will be non-monetary, least restrictive, and considerate of the financial ability of the accused.“ According to the testimony of Judge Robbin Stuckert, who chaired the pretrial practices commission, while the commission did not come to an agreement on whether or not to end cash bail, it’s clear the pretrial justice system in Illinois needs an overhaul.

“Establishing a robust and effective pretrial system in Illinois is the first and most crucial step towards minimizing and eventually eliminating cash bail,” she said.

“However, simply eliminating cash bail at the outset without first implementing meaningful reforms and dedicating adequate resources to allow evidence-based risk assessment and supervision would be premature.”

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