Illinois’ Pretrial Fairness Act is set to go into effect on Jan. 1, effectively abolishing Illinois’ cash bail system for those accused of a crime.
Being a Democratic initiative you might think all criticism is coming from Republicans, but Knox County’s Democratic State’s Attorney is making his concerns known.
Jeremy Karlin posted a letter to his State’s Attorney’s Facebook page on Wednesday.
Karlin writes the new law is full of “contradictions, ambiguities, and is very poorly drafted.”
He says he’s speaking out to not “incite fear” but to educate the public that
Karlin states on Jan. 1, all people accused of committing a crime will either be released or will be held in custody without bond.
But only in very specific cases will defendants be held without bond.
One category of who can be held is those accused of non-probational forcible felonies; things like first-degree murder, residential burglary, and aggravated arson.
But in the case of crimes like second-degree murder, robbery, arson, and kidnapping, a person can only be held if it can be established they pose an immediate threat to a specific person or persons.
Just a general threat to the public isn’t good enough.
The law also says a person held in custody is entitled to a trial in 90 days.
Karlin says any case that requires scientific analysis of evidence can’t possibly be brought to trial in so short of a time period.
Karlin is also concerned about the requirement that the accused must be brought before a judge within 48 hours of their arrest.
Karlin says he’s speaking out to not “incite fear” but to educate the public that, “When someone commits a crime in Illinois, that person will not be held in jail, absent extreme circumstances.
